Klaffki

This is an action brought by plaintiff upon his own claim and certain claims assigned to him by his fellow-laborers to recover wages due for work performed for defendants. Judgment passed for plaintiff and defendants appeal. The evidence is not before us, the appeal being on the judgment-roll alone.

The action was to recover not only the wages of the men, but also the penalty provided by the act entitled “An act providing for the payment of wages,” approved May 1, 1911 (Stats. 1911, p. 1268), as amended by the act approved April 28, 1915 (Stats. 1915, p. 299),section 3 whereof reads: “In the event that any employer shall fail to pay, without abatement or deduction, within five days after the same shall become due under the provisions of section one of this act, any wages of any employee who is discharged or who resigns or quits, as in said section one provided, then as penalty for such nonpayment the wages of such servant or employee shall continue from the due date thereof at the same rate until paid; provided, that in no case shall such wages continue for more than thirty days.”

In addition to the amounts found due as wages, the court found that there is due each of the…