The Wilmington morning star., 1940-10-21
A. {. L. OFFICE TO
START MAKING OUT
PAY CHECKS TODAY

Continued From Page One)
rted on the books did not in
+ act exist at the locations
given.
The situation led to a suit in
May, 1889, by the administrator of
the Wage and Hour division to
compel the railroad, which oper-
ates 4,750 miles of track in six
southern states, to come into COM
pliance with the Act and to make
restitution to the employees in
amounts representing the differ
ence between wages actually re-
ceived and the sums to which they
were entitled.
This suit by the division was
followed by an employees suit in
June, 1889, embodying the same
charges brought in the admins
traitors action. Tried before Judge
Isaac M. Meekins in the United
States District Court at Fayette-
vile, N. c., (sitting in Raleigh)
the employees suit resulted in a
judgment against the Railroad for
each of the five employees in the
amount of wages due plus an equal
amount in liquidated damages and
an additional $500 in fees for their
Attorney, D. Lacy McBryde. Sec
ton 16 CD of the act specifically
gives the employee thf right to
bring such suits. l
In his findings and conclusions
of law in the employees suit,
Judge Meekins sustained every
charge made by the division in its
suit which was then pending be-
fore Judge Robert N. Pollard in
the United States District Court at
Richmond, Virginia.
Judge Meekins found that in ad-
tition to the housing, the railroad
company charged some of the en-
ployees for water and sanitary IA
cilities where none existe.-; for po-
lice protection against ''hoodlums'
that was not provided; for trans
portation between the section head
quarters and the work point on the
tracks; and for the ice in the water
provided the men while at work.
After Judge Meekins' decision
was announced, officials of tn e
railroad informed Colonel Philip B.
Fleming, administrator of the
Wage and Hour division, 1 at they
realized they had not complied wi
the Act and were willing to come
into immediate compliance and to
make full restitution to all the en-
ployees. Upon this promise to
make restitution and comply with
all provisions of the act in the fu-
ture, Colonel Fleming agreed to
accept a consent decree Of judg-
ment and avoid the time and ex-
pense of trial. A stipulation in
cluded in the judgment provides a
minimum standard of housing for
which the railroad may in the fu-
ture make deductions from tn e
wages of employees.
Colonel Fleming praised the CO.
operation extended by the railroad
since the consent judgment was
signed by Judge Pollard on May
81, 1910.
An inspection Of company rec
ords disclosed thht the railroad
actually paid the employees q
cents an hour, which amount in
cluded the legitimate deductions
for board, lodging, and other facil-
tiles provided for in the act. The
checks to be distributed represent
the difference between this sum
and the Is cents per hour which
the employees were entitled from
October "a, 1888, to October %,
1899, inclusive, and the 80 cents
per hour to which they were en-
titled from October "a, 1899, to
May 81, 1910. The railroad has
paid the required minimum since
that date. The amounts due were
computed by the railroad company
and checked for accuracy by Wage
and Hour Division inspectors.
The 30 cent minimum wage is
still ineffect. However, a comrT1-
tee comprised equally of rerresen-
tatives of railroad management,
abor and the public, which had
investigated economic conditions in
the railroad industry, has recon-
mended that a minimum wage OF
SO cents an hour be established
for trunk line railroad. At an ad-
ministrative hearing held in Wash
ington in September, this recon-
mendation was supported by the
management members of the COM
mittee. The administrator OF the
Wage and Hour division is now
considering this recommendation.
Should he approve it, a wage order
establishing SO cents as mini
mum for trunk line railroads will
be issued.
The railroad assigned four audi
tors and seven business machine
operators to compute the amounts
due the employees.
Railroad auditors Travelled 3d.
600 miles in order to arrive at a
correct audit of the amounts due
these employees" Colonel Flem-
ing said. IT wish at this time to
express my appreciation OF the
spirit of cooperation evidenced in
the company's desire to set things