110 F. 135 | D. Wash. | 1901
By the uncontradicted evidence it appears that the claimant, R. E. Rogers, was employed by the bankrupt at a salary of $150 per month between September 20, 1899, and July 20, 1900, and that on the latter date there was an unpaid balance of $563 for wages earned under his contract within a period of six
“Every person performing labor for any person, company or corporation, in the operation of any railway, canal or transportation company, or any water, mining or manufacturing company, saw mill, lumber or timber company, shall have a prior lien on the franchise, earnings, and on all the real and personal property of said person, company or corporation, which is used in the operation of- its business, to the extent of the moneys due him from such person, company or corporation, operating said franchise or business, for labor performed within six months next preceding the filing of his claim therefor, as .hereinafter provided; and no mortgage, deed of trust or conveyance shall defeat or take precedence over said lien.”
While the amount of the debt is undisputed, the trustee contends that the statute should be construed narrowly, so as to limit its application to those who perform manual labor in the operation of railroads, canals, mines, sawmills, and other factories; and a number of adjudged cases have been cited, holding that statutes giving a preference to claims of laborers for their wages should be interpreted by giving to the word “labor” a restricted definition, signifying manual toil for hire. But the legislature of this state has declared a different policy. The general statute providing for iiens of mechanics and material men contains a section providing that:
“The provisions of law relating to liens created by this chapter and all proceedings thereunder, shall be liberally construed with a view to effect their object.” 2 Ballinger’s Ann. Codes & St. § 5917.
The title of the act of 1897 indicates an intention to treat all the employes of railroad and transportation companies, milling and other manufacturing corporations, with equal favor. If the terms used in the body of the statute left its meaning obscure, it would be proper .to refer to the title of the act for a key to the solution of any difficult question affecting 'its interpretation. The word “employés” is of broad significance, including any person who gives his time for hire. It is my opinion that the title of this statute was not chosen in a careless 'manner, but with a deliberate purpose to aid in giving the enactment a true interpretation in accordance with the. intention of the legislature to insure to the employés of corporations in this state payment of their wages by subjecting the entire assets and franchise ■of every' industrial corporation to a prior lien in favor of employés. A careful reading of the statute also leads to the conclusion that the legislature selected its words with care, to accomplish the purpose expressed in the title. The statute does not in terms restrict its beneficence to persons performing labor in the operation of rail■ways, canals, mines, sawmills, and factories, but is much more com^ prehensive. The lien is given to-every person performing labor in •the operation of any railway, canal, or transportation company, or any water, mining, or manufacturing company, sawmill, lumber, or