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ing in the affirmation of the judgment of the court below. The facts appear in the opinion of the court as delivered by Judge Hammond, which is as follows:

The main questions are: First, what was the nature of the contract under which Hammack, the plaintiff's assignor, was at work at the time he received notice of his dismissal? and, second, what is the nature of the assignment?

1. The only written contract was that of February 15, 1906. By this contract the defendant agreed to employ Hammack, the plaintiff's assignor, for a period of one year from its date, and to pay him as salary $2,100 $ per year,” payable in equal monthly installments at the end of each month, and also to pay him a certain commission upon certain sales, “this commission to be paid quarterly, payable on the 20th day of the month succeeding the end of each quarter." It is further provided that, if this commission does not amount “to a net total of fourteen hundred dollars ($1,400) for the year," then the defendant is to make good such deficiency" to Hammack, “ payable in cash at the end of the year.” The last paragraph is in the following language: “ It is further agreed that in the event that either or both parties do not desire to renew this agreement at the time of its expiration that notice be given in writing of intention not to renew at least thirty (30) days prior to the expiration of this agreement." In short, this was a contract for one year from its date, at a yearly salary of $2,100, with an additional compensation of at least $1,400 as commissions for the year, with a provision that if either or both parties did not desire to renew it notice should be given thirty days prior to its expiration.

Hammack worked under the contract for the year. No notice of a desire not to renew was given by either party, and Hammack, after the expiration of the year, continued his work as before until October 30, 1907, when he was notified by the defendant that on account of financial conditions and the great decrease in business there would be a " discontinuance” of employment as to him on the next day. Thereupon letters passed between him and the defendant as to this matter; the former insisting that his contract was in force until Feb

uary 15, 1908, and the latter that the contract had terminated February 15, 1907. From the fact that no notice was given before the expiration of the first year the trial court had the right to infer that there was a disposition to renew the contract, and from the additional fact that Hammack without any other express arrangement, either written or oral, continued to work as before, with the full knowledge and approbation of the defendant, the court could properly in fer that it was the understanding of the parties that the contract was renewed. If renewed, then the new contract, like the old, was a contract of hiring for a year, with compensation for the year, to be paid quarterly as before, with the same right in either party to give notice within thirty days of its expiration that there was no further desire for renewal. Any other contract would not have been a "renewal” of the original contract. The evidence amply justified a finding that at the time the plaintiff was dismissed he was working under a contract for the year beginning February 15, 1907. (Dunton v. Derby Desk ('o., 186 Mass. 35, 71 X. E. 91, and cases cited; Maynard v. Royal Worcester Corset Co., 200 Mass. 1, 85 N, E. 877.) In this last case there is a quite full discussion of the law bearing upon this subject, and we need only to refer to it for a statement of the underlying principles. !!

2. What is the nature of the assignment from Hammack to the plaintiff? It is dated January 4, 1908, which was some weeks before the expiration of the second year. At that time there was due llammack all arrears of salary and of commissions up to that time, and the second contract was still binding upon the defendant. Upon the breach of the contract by the defendant there were before Hammack at least two courses. He either could regard the contract as broken and at once sue for damages for the breach, or he could hold himself out as ready to work under it, wait until the expiration of the year, and then sue for compensation as fixed by the contract less reasonable deduction of what he could have earned. There was evidence that he intended to take the latter course, for he notified the defendant that he held himself subject to their working orders up to February 15, 1908. And although he testified that he endeavored to seek other employment, yet the trial judge could well find upon the evidence that he intended to hold the defendant as liable for the compensation by the terms of the contract, and not merely to sue thereon in damages for the breach,

Under these circumstances the assignment was made. It covers “ all claim which I now have or may hereafter have against [the defendant]

due me for services and commission as salesman,

whether such claim for services and commissions have accrued, or may hereafter accrue under the written agreement made by me with said company dated February 15, 1906, or under any oral renewal thereof." It does not purport to be an assignment for damages for breach of the contract. In a word it was simply an assignment of all sums then due under both contracts with whatever afterwards should become due for services and commissions (which were in the nature of future earnings) under the renewal contract which was then existing. Such an assignment is valid according to its terms. (Citizens' Loan Association *. Boston & Maine R. R., 196 Mass. 528, 82 V. E. 696, 14 L. R. A. (X. S.) 1023, 124 Am. St. Rep. 581, in cases cited.) It is to be noted also that the declaration in this case proceeds upon this theory as to the nature of the assig ment. It makes no claim except under the terms of the contract. The assignment of the sums due for services and commissions must be held to include also interest accrued or to accrue. It follows that the rulings requested were all properly refused.

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INDEX TO BULLETIN No. 89.

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Accidents, industrial, and workmen's compensation :
Regulations as to-

Page.
France

156, 176 Switzerland.

340, 346 Accidents, ind:astrial, employees injured by, in France

217 Age of admission to employment : Austria

5, 14, 32 Belgium

93, 94 France

153 Germany

241, 242, 246, 253, 272, 277 Italy

316, 317 Switzerland

342-344, 351, 359, 360, 364, 365 Age of admission, employment of children under : Austria

27, 33, 34 Belgium

115, 116 France

183-194 Germany

309, 310 Apprenticeship laws, cantonal, of Switzerland

351-358
Apprentices :
Regulations, etc., as to employment of—
Austria.

4, 28-30 Belgium_

137 France

174 Germany

259, 260 Switzerland.

351-358 Austria : Age of admission to employment.--

5, 14, 32 Apprentices, regulations, etc., as to employment of

4, 28-30 Children employed industrially and number employed illegally

27 Children illegally employedat night

35 in dangerous or uphealthful occupations

36 under age of admission.

27, 33, 34 Continuous operations, regulations as to employment in.

10, 11, 17 Employees under 16 years of age in inspected establishments, 1897 to 1908. 25 Enforcement of child-labor laws.-

25-38 Factories, etc., regulations as to child labor.

14-17 Factory and workshop regulations

13, 14 History of child-labor legislation.

3-7 Hours of labor, regulations as to--

5, 6, 12, 13, 18 Hygiene and safety, regulations as to

12 Inspectors, labor, organization and work of.

21-38 Mines, regulations as to child labor in.

17-19 Nature and extent of child labor, discussion of

38--92 Night work, prohibition, etc., of_

5, 15, 16, 19, 28 Notices relative to provisions of law, etc., to be posted by employers.

6 Overtime work, regulations as to-

12, 13 Penalties for violation of child-labor laws.

20, 21 Prohibited occupations.

15, 18 Rest periods, regulations as to.

5, 12, 13 School attendance, regulations as to..

5, 6, 17, 20 School children at work

41-92 Sunday and holiday work, regulations as to

9-12 Violations of the child-labor laws, number of

27, 34, 35, 38 Wages of children.

44, 45, 51, 52, 61-63 Work books, certificates, etc., regulations as to.

14 Workday, maximum, and rest periods, regulations as to..

12, 13 Workshop and factory regulations.

13, 14 Belgium : Agencies for enforcing labor laws and decrees.

111-11.5 Age of admission to employment-

93, 94 Apprentices, regulations, etc., as to employment of

137 Children employed industrially

138-143 Children illegally employedovertime

133-133 under age of admission.

115, 116 without certificate or work book.

117, 118 Employees and establishments subject to labor laws

131 Enforcement of labor laws and decrees.

115-130 Home industries, extent of.

143 Hours of labor, regulations as to...

98-104 Hygiene and safety, regulations as to-

113

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Belgium--Concluded.

Page.
Inspectors, labor, organization and work of_
Law of 1889, legislative and administrative modification of the

111-115

97-111 Mine employees, number of_

136 Nature and extent of child labor, discussion of_ Night work, prohibition, etc., of

130-143 Notices relative to provisions of law, etc., to be posted by employers

95, 96, 99, 103, 104, 135, 136 Overtime work, regulations as to-

96, 97 Penalties for violation of labor laws.

95, 96

126 Prohibited occupations-“ Protected persons

104-107 in industry, number and per cent of

132-135 Rest periods, regulations as to

98-104, 110, 111 Sunday or holiday work, regulations as to

108-111 Violations of labor laws and decrees.

113-118 Wages of children.

142 Work books, certificates, etc., regulations as to..

96 Workday, maximum, and rest periods, regulations as toBoheniia, school children at work in.

98-104, 110, 111 Cantonal legislation in Switzerland affecting child labor, discussion of

79-84 (See also Classification of cantonal child-labor laws of Switzerland.)

347-372 Carniola, school children at work in ---

71-76 Certificates, work books, etc., regulations as to. (See Work books, certificates,

etc., regulations as to.) Child-labor legislation in Europe.

1-413 Austria

3-92 Belgium

93-143 France

143-231 Germany Italy

231-312

313-326 Switzerland Children, illegal employment of.

320-413 (See Illegal employment of children.) Children industrially employed : Austria

27 Belgium

138-143 France Germany

182-184, 218-224

267, 300-304 Switzerland

396-400 Children, school, at work: Austria.

41-92 Switzerland

404-413 Children, wages of, in Belgium. Classification of cantonal child-labor laws of Switzerland

137, 142

349-372 All employees, laws applying to.

350 Apprenticeship laws.

351-358 Female employees, special laws concerning

359-364 Hotel, tavern, and restaurant employees, special law for protection of

364-366 Nonadult employees, laws for protection of

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351 Occupations dangerous to health, safety, or morals, laws concerning condi

tions of work in. School attendance, laws regulatingSunday work, laws regulating

367-372

367 Continuous operations, regulations as to employment in :

Austria
France

171 Germany

256 Courts, the, and the labor laws in France,

224-231 Decisions of courts affecting labor : Antitrust law of Mississippi--constitutionality--combinations in restraint of trade_boycotts

414-416 Combinations in restraint of trade--boycott

414-416
Contract of employment-
breach---

432-436
consideration- release of claim for damages-breach.
reduction of rank as violation-duty of employee to seek other employ-

ment
term-renewal--breach-assignment of claims

434-436
Employers' liability
acceptance of relief benefits--constitutionality of statute-

419-422 course of employment.

416-419
fellow-servants—liability of foremen-course of employment.

416-419
railroad companies--interstate commerce_federal statute
tion-

-construc-
Hours of labor-
employment of women--constitutionality of statute of Illinois-police

power
railroads---periods of service and rest- -federal statute-construction-- 425, 426
railroads-regulation of commerce by state law-effect of federal

statute
railroads--violation of statute by, employees as affecting claims for

423-425, 426 428
damages-state and federal regulation
Railroads-safety appliances-commerce-state regulation.
Sunday labor--recovery of compensation for contracts to be performed on

Sunday
Employees, number of:
Austria
under 16 years of age in inspected establishments, 1897 to 1908--

25 Belgium

at work in mines.
in establishments inspected, 1895 to 1907.

Ft

366, 367

1

10, 11, 17

3

432, 433

433, 434

422, 423

428-430

426-428
430, 431

431, 432

136
131

l'age.
Employees, number of-Concluded.
France
at work in mines---

183, 222-224
in establishments covered by labor laws---

180
injured by industrial accidents..

217
nonadult, in establishraents subject to inspection.

182
Germany-
at work !n mines---

299
in establishments subject to inspection---

294, 298, 300_303
Switzerland
per cent 14 to 18 years of age, 1888, 1895, and 1901..

397
relative, 14 to 18 years of age in 1901 as compared with 1895-

396
under 18 years of age, and number born in 1891 who began and who
left work in 1905, in first inspection circuit--

399, 400
under 18 years of age, and per cent in factories of the second federal
inspection circuit

397
working over or under sixty hours per week, per cent, in the first federal
inspection circuit.....

399
working specified hours per week, per cent, in the first federal inspec-
tion circuit.

398
Employment of children :
List of employees to be kept by employers--
Austria

16, 19
Belgium

96, 97
France

155)
Germany.

249
Switzerland

340
Employment of children and of females, establishments in which the, is author-
ized under certain conditions, in France..

166-171
Employment, illegal, of children. (See Illegal employment of children.)
Employment of children in industry:
Austria

27
Belgium

138-143
France

182-184, 218-224
Germany

267, 300-304
Switzerland.

396-100
Enforcement of child-labor laws:
Austria

25-38
Belgium

115-130
France

186-224
Germany

295-312
Switzerland

372-395
Europe, child-labor legislation in. (See Child-labor legislation in Europe.)
Extent and nature of child labor, discussion of:
Austria.

38-92
Belgium

130-143
France

180-221
Germany

295-312
Switzerland.

395-413
Factory and workshop regulations in Austria.

13, 14
Factories, etc., regulations as to child labor in, in Austria

14-17
Federal legislation in Switzerland affecting child labor, discussion of

338-347
France:
Accidents, industrial, and workmen's compensation-
regulations as to.

136, 176
Accidents, industrial, number of employees injured by

217
Age of admission to employment--

153
Apprentices, regulations, etc., as to employment of

174
Children employed industrially --

182-181, 218-22+
Children illegally employed-
at night..

207
on Sundays or holidays.

214
overtime

201
under age of admission--

188-194
without certificate or work book-

197-197
Continuous operations, regulations as to employment in

171
Courts, the, and the labor laws---

224-231
Day of rest for children and women, violations of law providing

214
Employees in establishments covered by labor legislation

180
Employees, nonadult, in establishments subject to inspection

182
Employment of children and women in certain kinds of work, violation of
decree forbidding. in.--

217
Employment of children
between 12 and 13 years of age.

184
in mines

183, 222, 224
in theaters and in "wandering trades''

218-221
Enforcement of child-labor laws---

186--221
Establishments in which employment of children and of females is
authorized

166–171
History of child-labor legislation.

143-152
Hours of labor, regulations, etc., as to---

155,

160-163, 172, 173, 198-206, 22:
Hygiene and safety, regulations as to

155, 156, 175
Industries in which maximum workday for children and females may be
suspended

172
Inspectors, labor, organization and work of.

176-221
Labor laws and decrees, synopsis of -

152-176
Mine employees---

183, 222-224
Nature and extent of child labor, discussion of..

176-221

11

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