The labor world. [volume] (Duluth, Minn.) 1896-current, 1916-07-15
LABOR FAVORED BY !
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COURT: DECISIONS. c {; D
Policemen and Firemen Are Held
"Employes"> Under Mime
sofa Compensation Law.
FAMILIES MAY RECOVER
IF EMPL0YE IS KILLED
Benefit Due Workman's Widow
Will Be No Barrier In Obtain
ing Other Compensation.

Henceforth in the state of Minne-
sofa policeman and fireman will
be known as "employes," within tho
meaning prescribed by the Workmen's
Compensation Act. In case such q
man is killed in the discharge of his
duties, he may recover under the pro-
visions of the law. The fact that he
may be entitled to a benefit from a
fund maintained by an association
composed Of fellow workeds will not
bar his family from recovering. These
facts were established by a ruling by
the state supreme court of Minne-
sofa last Friday.
Neil Mooney, New Duluth patrol
man, was shot and killed while at
tempting to make an arrest three
years ago last January and his de-
pendents brought an action in the
district court to recover compensa-
ton from the city. The, city contend
ed that it was not liable. but Judge
Fesler Of the trial court held that the
compensation act applied. He is up
held by the higher tribunal.
Police Are Employes.''
The supreme court holds in the
Mooney case that a policeman is a
person in the service of the city and
one not appointed for a. regular term
of office. The city's contention was
that he was an "officer" and not
an "employe" within the meaning of
the statute.
The question is not whether a po-
liceman is an officer or an Official"
the court states, but whether he is
an OFFICIAL elected or appointed for a
regular term Of office. Clearly he is
not. Under the Duluth charter po-
licemen receive their Office by appoint
.ments under civil service rules. They
hold office during good behavior.
There is no term at all. Manifestly
this is not an appointment for reg
ular term of Office"
Fred E. Granzow, first assistant fire
chief, was killed on Sept. 10, 1915.
while making q run to a. fire. His
widow, Mrs. Dorothaas 81 r. Granzow.
ana 10-year- daughter, both de-
peadents, brought suit to recover COM
pensation from the city under the
workmen's compensation law. The
trial court held that the city was: liable
and the case"was appealed. The SUI
applies to the Granzow case as in the
Mooney case.
Benefits no Barrier.
Another question which was raised
in the Granzow case which did not
enter. into the, Mooney case was
whether or not the fact Granzow was
a member of the Dnlufh Firemen's
Relief association and that his de-
pendets draw benefits therefrom
would bar recovery of compensation
or reduce the amount they would be
entitled to receive.
Judge Dancer held thht the receipt
of funds from the association did not
bar the defendants from recovering
full benefits under the workmen's
compensation act and he is also up
held by the highest, tribunal.
We are Of the OPINION, the su-
preme court states, "that the fireman
who joins and contributes to the funds
of this association should be held to
have purchased the protection which
the association affords, for the bene-
fit Of himself and his family, and not
for the benefit of his employer"
Other Cases Decided.
The supreme court also handed
down decisions in other cases affecting
the workmen's compensation law. In
a st. Louis county case the court held
that the monthly contributions of q
Continued on PAGE e