Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-08-20
OPINION BY ATTORNEY GENERAL
PATTANCAL WEEKLY PAYMENT
Law APPLIED TO RESTAURANTS

The following opinion by Attorney Gen
eral VIM. r. Pattangall, in answer te
sioner of labor and industry. as te
whether or not Chapter 80 Of the Public
Laws of 1911, as amended relating to the
weekly payment of wages, applies to res
taurants,' to the effect II should advise
| that you assume that the weekly pay
ment law applies to restaurants, hotels,
i livery stables and similar establish
ments,' was made public on Thursday:
J Hon. Roscoe A. Eddy,
| Commissioner of Labor and Industry,
Augusta, Maine.
Dear Sir:-Relative to your inquiry as
to whether or not Chapter SO of the Pub
lie Laws of 1911, as amended, relating to
the weekly payment of wages. applies to
| restaurants. l have examined the ques-
| ton with some care and find the author
| tiles somewhat conflicting. The law in
/ cludes in terms every corporation, person
| or partnership engaged in a manufacture
| ing, mechanical, mercantile, mining,
quarrying, street railway, telegraph or
| telephone business. 1t is obvious that if
a restaurant is included in the provisions
| of this law. it must be on the ground
that the carrying on of a restaurant is
a mercantile business. The authorities
| on this point are somewhat in conflict.
In the United States Bankruptcy Act
| in which certain provisions relate wholly
to corporations or persons engaged prin-
| cipally in mercantile and trading pur-
| suits, the question as to whether or not
restaurants. hotels, boarding stables. ETC.
were included has frequently arisen. In
| the earlier cases, 1t was held that such
lines of business were mercantile pur.
suits.
| In the case of Odell ct al. in the United
States district court for the southern
| district of New York, National Bank
ruptcy Registry Reports. Vol. II. page g.
Judge Blatchford held that livery sta.
BILE keeper who boards horses and feeds
them with grain and hay purchased by
him Is engaged in a mercantile business
| and 1t would seem to follow that If the
boarding and feeding Of horses was a
| mercantile business. the boarding and
feeding of human beings would come un.
der the same definition.
In the case of the San Gabriel Sana.
| torium Co.. IS Federal Reporter. 81, II
was held that a corporation which owns
and maintains a private hospital furnish.
ing to its patients the usual accommo-
dations of a hotel was engaged in mer-
| camille business and undoubtedly If the
| carrying on of a hotel Is a mercantile
business the carrying on Of restaurant
| would also be a mercantile business.
In the case Of the Morton Boarding
Stables. 1os Federal Reporter, 791. the
| court followed the reasoning and result
OF the Odell case but the later cases in
the federal courts have been decided
otherwise and it Is to be noted that these
earlier decisions are all taken from va
| rious district courts, while the later de-
cisions are from the circuit court Of ap-
peals.
In the case Of the Wentworth Lunch
Co.. S6 c. c. A. 1893, it was carefully point
ed out that the preparation Of food by
cooking was not manufacturing and that
the sale Of food SO prepared by a restau-
rant keeper was not a mercantile or
trading occupation.
In the United States Hotel Co. 81
c. c. A. 1853, it was held that a hotel
company is not within this provision
OF the Bankruptcy Act and in the case
Of the Willis Cab & Automobile Co.,
17S Federal Reporter 113, after dis
cussing these various decisions Of the
Circuit Court and saying that lodg-
ing and feeding horses and lodging
and feeding men involved the same
principles Of law. the Court held that
a corporation the nr;nc;ral h,.;,..s