In re Caldwell
Court | United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas |
Citation | 164 F. 515 |
Docket Number | 956. |
Parties | In re CALDWELL. |
Decision Date | 17 October 1908 |
Downie Rouse & Streepey, for petitioners.
J. A Comer, for trustee.
The only question involved in this proceeding is whether the petitioners, to whom wages are due for services rendered within three months of the institution of the bankruptcy proceedings as musicians, hired by the bankrupt to play on his roof garden, are entitled to priority under section 64 cl. 4b, of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 563 (U.S. Comp. St. 1901, p. 3447)). To decide this question requires the determination of the meaning of the word 'servant' in that section, for it is conceded that the petitioners are neither workmen, clerks, nor salesmen.
While lexicographers define the word differently, the Century Dictionary defining it as 'one who exerts himself or labors for the benefit of a party or employer; an attendant a subordinate assistant'-- the courts have not considered themselves bound by the definitions found in dictionaries, but have construed the word so as to carry into effect the intent of the lawmakers. In Cawood v. Wolfley, 56 Kan. 281, 43 P. 236, 31 L.R.A. 538, 54 Am.St.Rep. 590, the court was called upon to construe the words 'wages of servants,' in a statute regulating the classification and priorities of demands against estates of deceased persons-- i.e., whether, as in the case at bar, a clerk in a store was a servant, entitled to priority of payment-- and it was held that such a person was a 'servant,' within the meaning of the statute. The court in its opinion said:
In Frank & Dugan v. Herold, 63 N.J.Eq. 445, 52 A. 155, it was held that skilled operators employed in a manufacturing establishment are 'servants.' The Vice Chancellor, in his opinion, said:
A definition of the word, which is very comprehensive and meets my views as to its legal meaning, is that given in 20 A. & E. Enc. of Law (2d Ed.) 11:
'A servant is one who is employed to render personal services to his employer otherwise than in the pursuit of an independent calling, and in any such service remains entirely under the control and direction of the latter.'
And on page 12, where it is said:
'The relation of master and servant exists where the employer has the right to select the employe, the power to remove or discharge him, or the right to direct both what work shall be done and the way and manner in which it shall be done.'
The bankruptcy act, while primarily intended to secure an equal distribution of the assets of the bankrupt among his creditors, evinces a strong intent on the part of Congress to protect those who are dependent on their daily earnings for their support, and gives them a preference over ordinary creditors, limiting it to three months' wages. As to the limitation of three months, it was no doubt influenced by the fact that persons who permitted their...
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