Rufus Wheeler Peckham

“ As well might it be said that the lawyer who enters into the service of a corporation, and limits his practice to cases in which the corporation is interested, thereby ceases to belong to the profession. The chemist may confine his services to one employer so long as the services which he performs are of a professional nature. ”

“ He is none the less a chemist, and none the less occupied in the practice of his profession, because he thus limits himself to that particular branch which is to be applied in the course of the scientific manufacture of sugar, any more than a lawyer would cease to practice his profession by limiting himself to any particular branch thereof, or a doctor by confining his practice to some specialty which he particularly favored and was eminent in. ”

“ The fact that the individual in question, by this contract, had agreed to sell his time, labor, and skill to one employer, and in one prescribed branch of the science, does not in the least militate against his being a professional chemist, nor does it operate as a bar to the claim that while so employed he is nevertheless practicing a recognized profession. ”

“ The word implies professed attainments in special knowledge, as distinguished from mere skill,-a practical dealing with affairs, as distinguished from mere study or investigation; and an application of such knowledge to uses for others, as a vocation, as distinguished from its pursuit for its own purposes.' There are professors of chemistry in all the chief colleges of the country. It is a science, the knowledge of which is to be acquired only after patient study and application. ”

“ It is not stated what the particular duties of a chemist on a sugar plantation are, but it is quite plain, even to one not engaged in the business, that there would be a necessity for the services of one skilled in the science of chemistry, in order to enable a manufacturer to make the most out of his materials, and produce a commodity up to the proper standard, and of a marketable nature. ”

“ Section 10 of the railroad act enacted that 'all the stockholders of every such company shall be jointly and severally liable for all the debts due or owing to any of its laborers and servants for services performed for such corporation.' It was held that the plaintiff was neither a laborer nor a servant, within the meaning of the act. ”

“ The court was strengthened in its construction of the statute in question by the terms of the proviso above alluded to, contained in the fifth section, which excepted from the act professional actors, artists, lecturers, and singers. The circuit judge said: 'If, without this exemption, the act would apply to this class of persons, because such persons come here under contracts for labor or service, then, clearly, it must apply to ministers, lawyers, surgeons, architects, and all others who labor in any professional calling. ”

“ Beyond that, the opinion proceeded with the statement that no purpose of action against religion could be imputed to any legislation, state or national, because of the fact that this is a religious people,-not Christianity with an established church, and tithes and spiritual courts, but Christianity with liberty of conscience to all men, as was stated in Updegraph v. ”

“ Warren, an alien residing in England, to come to the city of New York, and take charge of its church as pastor. It was claimed on the part of the United States that the church corporation, in making that contract with Mr. Warren, had violated the first section of the act in question. It was held by the circuit court that the contract was within the statute, and that the defendant was liable for the penalty provided for therein. U.S. v. ”