The San Francisco call., 1895-11-16
is WORTHY OF HIS HIRE,
Justice of the Peace Cooks Deci.
sion in a Suit for
Wages.
THOMAS MMILLAN'S VICTORY.
Contractor Campbell Must Pay Him
:. for the Full Time He Was
on Duty.

"The laborer is worthy of his hire, ="
Quoted Justice OF the Peace Cook yester-
day in rendering his decision in the case
of Thomas Mcmillan VS.. A. c. Campbell, a
suit for moneys due.
The decision of Justice Cook is of pc
culiar interest to workingmen in that it
settles, as far as his jurisdiction goes, a
point that has long been bone of conten-
ton between employers and employees.
The point is whether laborer should be
paid full time whether actually at work or
not, as long as he is required to be at the
beck and call of his employer, or whether
employers have right to keep their men
on duty all day and then allow them for
the actual number of hours in which they
are actively engaged.
The defendant in the action is a coll
tractor, who on September last employed
Mcmillan to drive one OF his teams. 1t
was over the understanding had at that
time or rather the lack of one-that the
suit was begun.
Mcmillan testified that he went to work
for Campbell on the date mentioned and
remained on duty twenty-nine days. He
appeared at Z O'Clock each morning and
remained on duty until 5 o'clock or after
each afternoon, sometimes driving team
and at others waiting for work to be
assigned him. He understood that he
was to receive 81 a day and presented
demand for S5S at the termination of his
engagement.
Campbell refused to pay that amount,
claiming that he had worked but fifteen
days full time, some days being figured at
quarters and others at halves.
Mcmillan declined TO accept part pay
ment and brought suit for the full amount
claiming that he had not been notified
that he would only receive remuneration
for the time he was actively engaged in
driving.
During the course of his occupancy of
the witness-stand it was brought out by
his attorney, George w. Monteith, that
when the plaintiff was sent out at
o'clock in the afternoon, and compelled to
remain out until 10 o'clock or later at
night, in order to finish his job, he was
only allowed the same compensation he
would have received had he quit work at
the regular tines o'clock.
The attorney for the defendant-W. T.
Baggett OF Hale & Norcross fame-tried,
by twisting language into as many forms
as there are points OF the compass, to in
duce Mcmillan to say that he had, when
engaged, only expected to be paid for the
time actually consumed in driving, but he
failed, utterly.
Campbell, on the stand, admitted that
he had not Informed Mcmillan that he
would be paid only for the time actually
employed in driving, but said that it was
the custom of contractors 10 pay their men
in that way. He also admitted that when
his men worked at night they were not
allowed pay, except for the time between
the hour of beginning and o'clock in the
afternoon.
His Honor, in rendering Judgment, said
that he thought that when men were ex-
l.
all times actively engaged in labor or not,
they should receive full compensation.
He believed that laborers were worthy of
their hire. and should be paid a fair days
wages when attending to their duties to
the satisfaction OF their employer.
The case will be appealed to the Superior
Court, Justice Cook granting the defense
q five days stay of execution to allow At
torney Baggett to file the necessary pa
perS..