The Ward County independent., 1922-12-14

Larson, while working in the Ditmer
coal mine, southwest of Velva, was
killed by the fall Of large chunk Of
coal which caused his death instantly.
The mine is owned by Albert w. Dit
mer and early in the fall of the year,
he and Henry G. Mann had been ne
gotiating the leasing of the mine to
Mann, and in accordance with these
negotiations Mann as well as Ditmer
went out to the mine. Mann is u
farmer living north of Velva and had
no experience in coal mining whatso-
ever. Preliminary work was done
and Ditmer assisted in the operation
of the mine until the accident.
The. father and mother of the de-
ceased, Annie Larson and Soren Lar
son, filed their claim with the Work
mems Compensation Bureau of North
Dakota. Neither Ditmer nor Mann
had paid up the insurance on the mine,
and the Workmen's Compensation law
provides that where an employer has
not paid his insurance the claimant
or his dependents may file their. claim
with the Bureau and the Bureau will
determine the amount that they will
be entitled to and render an award
against the employer. This was done
in this case.
| Both the defendants contested the
payment of any compensation, Dit
mer claiming that he had rented the
mine to Mann and Mann claiming
that he had not rented the mine from
Ditmer and was only assisting Dit
mer in the operation of the mine until
, lease had been contaminated.
! The constitutionality of the right
of the Compensation Bureau to assess
compensation was attacked before the
Commissioners and they overruled
! such objections and found for the
! claimants, Annie Larson and Soren
Larson, in the sum of $6,9OO.00.
! The law provides that in case the
award of the Compensation Bureau
| is not paid by the parties against
! whom the award is made within ten
DAYS after service thereof, action may
! be commenced in the District Court
| on the award to compel the payment
thereof, and in case this is done, a
penalty attaches to the amount OF the
award in the sum Of so percent in ad-
dition to the original amount. Both
Ditmer and Mann refused to pay the
award and action was commenced IN
Ward county but was transferred to
McHenry county, and came up for trial
on December 9Th, at Towner, N d., be-
fore the Hon. c. w. Buttz, pre- siding
as judge.
That the defendants were not en-
titled to jury trial for the reason
that that matter had been fully set
! tied by the Workmen's Compensation
Bureau, and that the Findings of the
Bureau were not subject to review
by jury trial, and that deprivlng
the defendants of a jury trial did not
! in any way violate any constitutional
+, provision or personal rights OF the
/ defendants. In view of the fact that
the Supreme Court of the State had
never passed on the question and that
; it involves public policy as we'll as a
legal right, the Judge overruled the
plaintiffs counsePs contentious and
allowed the defendants jury trial up
! on the issue raised by the pleadings,
which was this: Who was the de-
ceased's employer at the time of his
| death?
The matter was presented to he
jury and the jury yesterday afternoon,
after being out two and one-half
hours, returned a verdict in favor of
defendants, Albert w. Ditmer and
Henry G. Mann, and assessed damages
in the amount of $10,352.50, being the
amount of the award, together with
| the SO percent additional penalty.
H. f. johnson of Minot, appeared
in behalf of the plaintiffs, Annie Lar
son and Soren Larson; J. E. Burke Of
Minot, appeared in behalf o. Henry