Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-08-20

of which is the keeping of a boarding
stable to feed and care for horses for
hire, is not subject to adjudication as
a corporation engaged principally in
mercantile and trading pursuits so
that the United States courts have
finally settled on the proposition that
in the purview of the Bankruptcy Act
restaurant is not mercantile bust
ness and in an insurance case, Garrett
son VS.. Merchants Insurance Co, 81
Iowa 727, the Court held that the
carrying on Of a restaurant was not
a mercantile business in SO far as in
surance was concerned.
l have not found any decision con-
STRUNG the law wherein the employ
ment of labor is concerned. In Mass
achusetts by statutory definition a
restaurant so far as laws relating to
labor are concerned. is defined as a
mercantile establishment and the
Federal courts in giving the construc-
ton which l have quoted under the
Bankruptcy act based that construc-
ton partly, if not largely, on the
proposition that it is their duty to
construe the Bankruptcy act strictly
and not to enlarge its provisions i'll
any way by judicial Interpretation.
Our State court under the old insol-
vency law followed the earlier con-
struction of the Federal courts. In
Groves VS.. Kigore. 70 Maine. 4S9 the
Court said that a livery stable keeper
who buys hay and grain and sells by
keeping horses to bait and board is
trader within the meaning of the in
solvent law. In the opinion in this
case Judge Walton says that it is set
tied law in England that livery sta
BILE keeper is a trader and quotes with
approval the Odell case mentioned
above. Assuming that a restaurant
and a boarding stable stand alike and
that the law that applies to one, ap-
plies to the other. it would seem that
Notwithstanding the Federal cases I'M
til our court overrules Groves VS.. Kill
gore, we must assume that the keep
er Of restaurant is engaged in trade
and hence would come under the pro-
visions Of the statute relating to
weekly payment of wages.
OF course, I do not know what DO
sition our Court would take on that
question today The Federal courts
have reversed their position since
Groves VS.. Kilgore was decided by
the Maine court but you can only
take the law as it is laid down in
Maine and until our Court gives more
tight upon the question. l should ad-
wise that you assume that the week
ly payment law applies to restaurants,
hotels. livery stables ad similar es-
adjustments.
That this law was intended to en-
brace wide field is evident from the
specific exceptions contained in the
latter part Of the law wherein 1t is
provided that the section shall not ap-
ply to an employee engaged in cut
ting and hauling logs and lumber, nor
the driving Of the same, a clause
which would appear to indicate that
the statute was intended to cover
lines of business which would not be
said to fall within the provisions of
the Bankruptcy Act so far as that
act limited to include mercantile pur-
suits and it is probable that the Court
would give a broader construction to
the term mercantile in such a stat
ute as this than it would feel inclined
to give the same term in a Bankrupt
cy Act.
Yours very truly,
Signed: w. r. PATTANGALL,
Attorney General.