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Show POST OFFICE TRnilRIF IS SULjJ NSETTLET (.'ownimeiit Sny., p. o. Clerks Arc Sot Aniciiiililit lo Sliilo Minimum Wniro Law Slnlo Snj Yes nnd RrliiBs Suit. A. L. Toono of Salt Ikc nn agent of tho stnto bureau of labor was In Pleasant Grove Monday nnd swore to a complaint before Justlco Mons Mon. son chnrglng Postmnstor II. W. Wad. ley with a violation of tho minimum wngo lnw. It is charged that he paid Miss Florence Framplon, a form, eio lerk In tho Post 0in.ee less thnn tho stnto law provides as tho mini, .mum, tho dlfforcnco being $58. When threatened with stilt scvoral months ngo Mr. W'ndloy paid n part of tho amount nnd gnvo his nolo ror tho balance. IIo Immediately stated tlw enso In full to tho Post offlco depart, ment nt Washington, who advised tho postmaster that bis clerk was In ti" employ or tho United States govern ment. and ns ho was paying her HO per cent more thnn the nllownnco for elork hlro for tho Pleasant Orovp of. floo tho state hnd no right to step In and Intorrere. Mr. Wndley nlso wrote to Senator Smoot, who conrirm. oil tho department's opinion. Utor ho showed tho Washington letter to tho IT. s. District Attorney's office and wns told thnt had ho gono there rirst ho would not havo had to pay nnythlng. Ho thenr cfusrd to pay any more on tho note nnd demanded tlm return or the money riom tho state officials. Tho state now proposes to tost o-tho o-tho lnw nnd rind out whether it Is n pllcablo to government employees. At tornoy Oonoral Tinmen In a written opinion snys: "In my opinion, tho position taken by tho postmaster Is not tenable. Tho lady employed by him Is in no senso or tho word u government clerk. Sho Is employed by him nnd not by the post offleo department. Tho :lvirly nllownnco mndo hv post ofllco do pnrtmont to him for clerical nssls. tnnco may bo impended hv him In any manner which ho may soo fit to adopt IIo Is In no hotter position than any other employer of femolo labor, ami tho law should bo applied In his oaso." An extract Trnm tho opinion or tho postnl authorities reads: "Woro a state permitted to enforce n minimum wngo lnw with respect to tho employees of tho postnl service II Is evident that such stnto would bo exorcising n control over anil In. torfeilng with n icdornl agoney In direct eontrnvontlon oT tho eonstltu. tlon or tlv Tnlled States, nnd ir tho nddltlonnl compensation or tho clerk woro required of tho postmaster hv tho stnto law such courso would indirectly in-directly Intorroro with n fodcrnl agon, ey boenuso It would tako rrom the Postmaster a pnit or tho compensation compensa-tion nnld him by tho United Stntes. T therefore mlvlso you thnt the law tho stnto of Utah does not npply i tho clerical forco of a United S Post OfTIco." |