The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-13
The Panama Railroad.
MARINE CoURT-TUEsDAY.

Before Justice A. A. Phelps.
Der. 1l-Simpan Hamilton Minor c. Sny-This
plaintiff for work and labor done and pc formed by him,
the Panama Railroad, and board and lodging while
there The complaint set forth old agreement made
by plaintiff with defendant which he alleges brok
by the defendant or his authorized agents.
Mr. Warren, the agent of the defendant, BY whom the
agreement with the plaintiff was made was examined by
plaintiffs counsel and estied that he authorized by
defendant only 10 make agreements With workmen in
writing and that his authoriy extended further that
he never 10 his recollection made verbal agreement
with Of the engaged to work on the Panama
Railroad.
Upon this state Of facts the plaintiff asked and obtained
leave To amend lis complaint and therefore complained
upon the written agreement as follows
AGREEMENT
Made November 3, 1852, between the persons whose
names hereto subscribed, viz: simpson Hamilton
(and nineteen others Of the first part and Minor Story
Of Poughkeepse of the second part wnessch that the
said parties or the first part 90 in consideration Of
dor ard Of the agreement hereinafter contained to be
performed tti said party Of the second part each for
himself covenant and agree TO- and with said Story his
executors. admnisra'" and assigns a. follows
FirstThat he will leave the civ of New York and to
1852 such other time shall be desredy by said
story. within month from the date hereof on such
vsteas shall he designated by said story or his agent
and his arrival at said Isthmus viii immedat ely
into the service of said story and do TO the best of
his ability and capacity such work upon the railroad of
the Par anna Railroad Company any work connected
Herewith upon any other work upon said lsthmus
he shah he directed to do by said Story any OF his
agents and will continue said service
for six months from the time when he shall actually COM
mence work aid lsthmus.
Second-He W II conform in every particular in doing
the work Mt which he shall be put and in performing his
service and in his conduct generally to the directions OF
said story, his executors administrators, or assigns or
his or their agents superintesdens.
Third He viii wholly abstain from the use of spiritn-
liquors, and will take no spirituous liquor upon said
work
Fourth-TIe will Immediately If said Story his execu
tors, administrators assigns, his their agent,
upon the part of said work which he the sad party
of the first part may be employed, shall ut any time ex
press himself dissatisfied and desire said party to leave
said work ely quit said work and deliver up all
tools and indictments which been furnished him.
Iif,b-Ue will provide himself with such clothing suit
able the cn ate he sha be advised to blythe said story
his executors administrators or assigns or his or their
agent And if he shall fail to said work imme
diaely upon his arrival at said thmus unless prevented ny
sickness he win pay to said story his executors admins
traitors ar assigns the Of his passage to said 18TH
mus. and all other damage he or they may have sus-
tanned BY Of such neglect. And the said party
of The second part does IN Of the premises
covenant and agree 10 and with each of the said pare,
the frat part, that in case he shall well and truly
perform and keep all the covenants, conditions,
and stipu'ations and agreements herein contained on
The part Of the said PARTY 10 Re Performed and kept he
viii pay him for his said work and services wages at
and after the rate Of one dollar United States currency,
aud board and lodge h for each and every days work
actually performed BIZ him, and will pay for his passage
from The city of New York TO the Isthmus of Panama by
steamer designs ted By said Story his agents to leave
said city on 81 day of November 1882 such other
time thereafter shall fixed upon by said story And
At the full completion of said service II he shall have u
filed this agreement the satisfaction Of said story his
Executors Administrators or assigns or ms or leir ph
cipal Bterdert. furnish NJ con'e
neut opportunity, with his passage from said sthm9s 70
aid city, II mutually understood between eaci of the
said parties Of the first part and said story his executors
administrators or assigns, that sufficient OF the wages
and not less at any time thirty dollars Of each of tn
said parties Of The first part shall be in al cases reserved
guarantee the faithful performance Of ths agreement
tSigned) d. Y. sioki.
without going into detailed review OF the evidence u
is Sufficient for the present rn rpoe to state that the
plautf proved that in pursuance of that agreement
he went out TO Panama and worked for few days,
when in consequence Of information he received from
some or one of the Of the defendant that he
would not be paid for portion OF the day, during
which IT raned. the plaintiff in connection with the
other lahorers on the road turned GU. ana Iesea 70
work alleging that by the agreement they had made in
New York they TO be paid for - wet ana dry
weather. and they demanded that the agent Of the de-
PENDANT at Panama should carry out their version 81 ne
agreement The agent, Mr.. Dalton, testified that he
caused the agreement in writing to be read to the
wolmen and TO the plaintiff and ordered them to work.
that The plan;iH was the spokesman for the party,
! and refused return to work unless their eeinand
49, carnIad with. hat his tile agents) life and that OF
obrr rersons had been thr aened and the store house
of The defendant broken open and prov son carried OIL
and destroyed that he sent for the Acaida and com
planned to him If the violence Threatened in consequence
Of VIII the pantf and others were conveyed 70 prison
that he subsequently appeared upon summon before the
Lieutenant Governor and tesuhed ana ,nat ,e Ptin
was confined for some three months The plain1 con-
tends that the agent of the defendant by his incarcera
tor put Of plaintiff power to fuRl his part OF the
agreement and that the defendant therefore was guilty
OF such br ch makes him liable under the contract
This ma ter has given much anxiety The agreement
i in itself harsh inequabe, unjust, and cruel paper,
u
con ract which places poor and ignorant aborers in
foreign and inhospitabe cline. totally at the nod ana
mercy not only Of the defendant but OF any OF Az under
Nngs who might be disposed to annoy or Cypress them
uaper containing stipulatons which any refson oil IN
t.iligence would Indignantly reject and at which hu.
mainly revolts But the plaintiff has made tns contract
the basis his action and by its provisions UNJUST aud
rigorous they he mus bt bound by us TERMS
the ulantf was to receive for his work ld services
WAGES at after the rate o dollar United states
currency and board and lodging for each and every day
work actually performed by him, and pay for his pas
sa 70 10 Panama &C and forfeited all wages which might
be due him upon failure his part to faithfully perform
each and every condition contained in said agreement
Tie paintif ~ his positive refusal 10 work on the road,
pursa nj 10 the provisions of this contract guilty Of
such breach a. in my Judgment, discharged the de-
PENDANT from any liability 10 him under its provisions.
In dcharging duty In dispong OF this matter must
say that am fully convinced that the equity Of the
clearly with the Plaintiff II appeared that he had been
nj Panama before and knew the uncertainties and dan
gers of tie climate and that he and fellow worttmen,
lett this city that place the belief that Z writ
ten contract thew had made the embodiment oil the
oral agreement they had made which secured them
for ali weather. wet dry" Nor would they have
entered the .ervce Of the defendant except under this
idea The plaintiff left this genial cline for the dangers
Of that Of the sthmus-abored for time and sou .red
incarceration while hS associates were terriIsi MO
compliance with the terms of the contract 70 ~ tcrm
unti n or until disease drove them from the sch scene
~ their abors with impaired constitutions, and IN some
IN stricken with death. The stern rules OF law must
h. enforced irrespective Of persons and classes and while
INV synpathef with the unfortunate plaintiff, ain
constrained orGer Judgment for the Defendant, WIN