Page:Federal Reporter, 1st Series, Volume 1.djvu/593

 m £B ËSIB BOLLINa HILIi 00. 685 �In THE MaTTBB OV THB EbIB EotliINO MiLL COMPAÎJT. �(Bislriet Court, W. D. Pennsylvauia. February 5, 1880.) �BAiTKUnPTCT — Orders for Goodb in Pavok of Laboreus — Preferred CiiAiMS — Kev. St. } 5101. — Orders for goods, drawn by a manufacturing Company in favor of their employes, are not preferred claims in the hands of the drawee, against the estate of the bankrupt company, within the meaning of section 5101 of the Revised Statutes, or the act of assemb]y of the state of Pennsylvania (April 9, 1872; Pur. Dig. 1464;) relating to wages and money due for labor. �In Bankruptcy. �Swr petitions of H. V. Clans and of Julius Heffner for orders on the assignee to pay certain alleged labor claims as preferred claims. �AoHEsoN, J. Section 5101 of the Eevised Statutes gives a priority to "wages due to any operative, * * * to an amount not exceeding $50, for labor performed within six months next preceding the first publication of the notice of proceedings in bankruptcy." �The Pennsylvania act of assembly of April 9, 1872, (Pur. Dig. § 1464,) provides that "ail moneys that may be due, or hereafter become due, for labor and services rendered by any miner, mechanic, laborer or clerk, for any period not exceeding six months immediately preceding the sale and transfer of any manufactory," etc., shaU be a lien thereon and preferred in the distribution of the proceeds of the sale thereof ; no such preferred claim of any miner, mechanic, laborer or clerk to exeeed $200. �The petitioners, H. V. Claus and Julius Heffner, respect- ively claim the benefit of the above cited statutory provisions. The assignee refuses to recogniae the validity of these claims, and the court is asked to make an order directing the pay- ment of said claims as preferred debts. �The facts, as they appear from the petitions and the state- ments of the petitioners' counsel, are as follows : Prier to its bankruptcy the "Erie Eolling Mill Company" issued to its operatives, on account of their wages, orders in writing, of which the following is a specimen, viz. : ��� �