The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-09-16
Question Con-
StitutiOndIitV
OF IDAHO WAGE LAW
Appeal Taken from Decision Of
Local Court

The oonstitutionAllty Of the wage
default law. passed by The legislature
In 1911, Is attacked by the Chicago.
Milwaukee & St Paul railway through
its attorneys, j. L. MoClear and
George W. Korte. of % ur d'Alene,
In resisting the claim of f. M. Bow.
en-. of this city. which is the issue
now on appeal from the decision for
Bowen IN Justice Schulte's court to
the district couyt at the county seat.
Bowen, IN setting up his claim for
$50. represented % working days at
$3.50 per day, Nsllegea that this
amount is due him-nhder chapter
10, 1911 session laws, for the rea-
sen that the defendant company, at
the time he was discharged as a car
penter's helper, and repeatedly since
that time to the date OF final pay
meg had refused to pay to the
plaiRtff the balance of s27. 90 repi g.
sentihg wages earned between the
dates Of Aprill 8 and May 2, 1913.
The railway company's answer to
the complaint was In the following
substance: That Bowen was not dis
charged. instead he quit the employ
ment voluntarily, that SO paid him
at the time he quit was amount
due for work performed on certain
dates in April, and that the amount
y S27,50 was owing to, but not due
Rf( plaintiff at the time he quit.
allegation that plaintiff repeat
edly demanded the amount he alleged
due him, together with 50. 90 per
day for the days he says the company
was in default, ia denied, defendant
alleging that plaintiff received the
final payment at the time voluntarily
and In full at all valid and legal
claims. The method of making up
the payrolls is explained at length
by the defendant company. whereby
there necessarily must be some delay
10 having the rolls approved In Seat
tie and Chicago ard warrants drawn
aud forwarded to the nearest resident
local agent for distribution to the
employees; and It is alleged thai
plaintiff understood aud agreed tC
this method at the time he accepted
employment.
The law is ATTACKED as unoonstitu.
tional on the grounds that It inter.
feres with vested rights and existing
contracts, and enoroaches upon th'
right Of the defendant in this issue
to contract legitimstely With en-
ployes, and therefore Is an intrao
tion Of the fourteenth amendment t
the federal constitution aud the ex.
press provisions of the Idaho oonsui
tuition; aud further, that by IT.
heavy penalties. the law deters Iail
roads from contestlng claims fairl!
Ia doubt as to liabilities for damage
and ooeroes payment Of ali suCl
claims for wages. permitting claim
ants to recover penalties regardless
OF the nature of the dispute between
the master and the servant, or wheth
er 10 this cRse, the immense busines
Of the defendant company makes
practicable to pay wages by the meth
cd as demanded by the statute; an
further, that the statute Is unreason
able and operates to deprive employ
ers of property without due process
OF law. and therefore is unconstitu
tionRl.
One of the principal points lnvolS
ed seems 60 be 10 the question as {
whether the plaintiff was discharge
by the railway company, or wheths
be voluntarily quit the service.
Il is understood highly probabl
that the uase will be carried to Il
state supreme court by the party {
issue that is decided against in Il
district court, In view Of the const
tutional questions involved
Taylor & Hull are attorneys f
the plaintiff.