Page:Federal Reporter, 1st Series, Volume 1.djvu/280

272 ���FEDERAL REPORTER ���as, from the view entertained, another objection îs fatal to a recovery by the plaintiff. �The secretary, under the by-laws, îs an officer of the Com- pany, and salaries due officers are not the "sums due and owing any servant or employe," which the new organization are required to fully pay. �The legislature intended to provide for the unpaid wages due servants or employes ; that is, operatives of the grade of servants "vfho have not a different, proper and distinctive appellation, such as ofiicers and agents of the company." See 37 iN. Y.'E. and cases cited. �The charter of the old company, and the various acts amendatory and relating thereto, as vrell as the àct ni March 6, 1876, recognize the distinction between officers and em- ployes, and the latter act refers to the secretary as an offi'cer in the same section which contains the proviso ; and it is apparent that when certain persona are in the act designated officers, and are not expressly named in the proviso which requires the payment of sums owing "servants or employes," they are excluded from its operation. The word "employe" folio wing "servant," is descriptive of the persons intended to to be paid, and excludes officiais to whom are entrusted the management of the corporation business. �The officers of the company are its representatives, and, it may be said, are the officiai masters who direct and control the servants and employes. The former are appointed or elected, and are trustees, (see 21 Wall. 62e;) the latter are hired, and are the subordinates of the former. �Judgment ordered for defendant. ��� �