The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-05-15
Recent Decisions of
Vital Interest
to All.
BANKRUPTCY LAW.
It's Workings Said to In
crease Dishonor Among
the Debtor Glass.

Judge Lowell of the United States dis
irict court has reversed the decision
pf the referee in a bankruptcy case, on
r question whether the creditor of a
former partnership should share pro
rata with the individual creditors.
The court rules that the petitioning
creditor is not to receive a dividend
until the separate debts have been paid
in full.
The bankrupt was a member of
partnership at Lincoln, Neb. The other
member Of the firm left with all the
funds, and she set herself about to pay
up the partnership debts, which she
succeeded in meeting except the one in
question, amounting to $1,000, which was
presented for proof against her indi-
vidual estate in bankruptcy, and al
lowed.
Upon the question whether such
creditor of a former partnership should
share pro rata with the individual
creditors, the referee ruled that AS
no evidence appeared showing that
there are any assets Of the partner
ship. and there was some evidence that
there are none, under the law, such
creditor is entitled to share with the in
dividual creditor, that is, pro rata"
This decision of the referee is now
reversed.
The New York Commercial Adver-
tiser says that the new bankruptcy
law is defective and has been ever
since its passage. 1t is a compromise
~ GO T.
ey law means more or less opportunity
for dishonest debtors to cheat their
creditors At the same time 1t is to be
kept in mind that many debtors who
have been discharged recently from
bankruptcy under this act, failed sew
eral years ago, and that if creditors
have not received the benefit from the
new law that they had expected they
at least are no worse off. These debtors
did not pay under the old order OF
things, and hence creditors have not
lost by the present law. Just what the
effect of the new law Will be can be
better determined when it is seen
whether it affords greater proIAction
against fraudulent debtors than credi-
tors enjoyed before its enactment. This
will probably be evident by the time
congress meets again. Attempt viii be
made to strengthen the law next winter
and in the meantime experience under
it as it now stands will be useful In
showing in what directions it can be
amended to advantage.
A definition of the word "laborer" has
been laid down in the case of William
Mullins against Pat Mcdonald an6
others, contractors, in the Kansas City
court of appeals. Mullins was sub
contractor under Mcdonald in the
building of a sewer. He was not PAID
in full He accordingly brought suit
to recover the balance. But, as re
quired by the city charter, Mcdonald
had contracted only ito pay for the
work and labor of all laborers. The
lower court held that under the con
tract Mullins was entitled to his pay
In reversing this decision, Judge Tur
ner A. Gill holds that a sub-contractol
cannot be included in the term labor
ers." He refers to a decision which de
fines the word "laborer" as follows
"Etymologieally the word 1aborer
may include any person who performs
physical or mental labor under an!
circumstances, but its popular mean
ing is much more limited. The farme
toiling on his own farm, the blacksmith
working in his own shop, the tailo
~ making clothes for his own customers
= isnot called a laborer. One who perform
physical labor however severe, in hi
own service or business, is not a la
borer in the common business sense. !
contractor who takes the chance o
profit and loss is not a laborer in tina
sense. In the language of the bushes
world, a laborer is one who labors witt
his physical powers in the service an
under the direction of another for fixe
wages. This is the common meaning
Of the word and hence its meaning il
the statute.
an the light of these adjudged cases
we think it clear that plaintiff Null
Inns does not come within the designa
ton Of laborer. found in the section Q
the Kansas City charter before quoted
He was not q laborer on the work, bu
a stlb-contractor. The charter provi
sion was intended for the protection @
a class to which the plaintiff did nc
belong.
AS Frederick Manley approached
crossing as he was passing alon
Eighth street, in the city of Magyar
Falls. on the 9Th of June, 1893, he wa
struck by a backing engine Of the Me-
York Central and Hudson River Rail
road Company and received injuries
such an extent that he was obliged {
submit to an amputation Of one Of hi
legs at a point below the knee. A
ManIey approached . the crossing hi
view was partly hidden by pile G
stone. He testified that when he &c
where he could look around the stone
about three and a half feet from tn
track, he stopped and looked II tn
west. and could see half way across
bridge placed 0bliquely across the cs
nal, but saw nothings He then locke
10 the east. and saw a train that ma
passed. and the fagman had just I'm
ished tagging the train and started I