The people's voice. [volume] (Helena, Mont.) 1939-1969, 1943-04-30
REPORT OF WORK
In SUPREME
COURT FOR week
DECISIONS:

| April IUth-Donald 4. Jordan v. Un-
employment Compensation Commits
sion. Appealed from District Court
of Lewis & Clark County, Helena
Unanimous opinion Of the court by
Chief Justice Howard A. Johnson.
Facts: Jordan, an employee of the
Stoltz Land & Lumber Company in
Flathead county, was temporarily I'M
employed because of a strike result
ing from a labor dispute, and filed
an unemployment compensation claim
for the first three days of his unem-
ployment. The Montana Unemploy-
ment Commission found that the labor
dispute was not caused by the en-
ployer's violation of the law. The
strike notice and other evidence
showed that the purpose was to OBJ
tain higher wages, vacations with pay,
the union shop" clause and other
advantages. Jordan contends that
there is evidence that the labor dis
pute was caused by the employers
violation of federal law
Law: The Montana Unemployment
Compensation law provides that com
pensation shall not be paid when the
unemployment results from a labor
dispute unless the dispute was caused
by the employers violation of a state
or federal law relating to collective
bargaining; and that on an appeal to
the courts the commissions findings
OF fact if supported by evidence shall
be conclusive and the courts juris-
diction shall be limited to questions
of law
Held: That since there was sub
stantial evidence supporting the COM
missions finding of fact as to the
cause of the labor dispute, the finding
was conclusive on the courts, whether
or not there was also evidence other
wise, the courts, as in an appeal from
jury verdict being limited to the
question whether there was substan-
tial evidence to sustain the findings
and not whether in the courts opinion
the evidence preponderated to that
result.
Held, further, that in view of the
statutory two weeks waiting period
the claim for the first three days of
unemployment could not have been
granted as matter of law
April 20th-Charles r. Rung v. In
dustraI Accident Board. Appealed
from Gallatin county, Bozeman. Opin-
ion of the majority by Justice Left
Erickson. Justice c. F. Morris dis
senting.
Facts: Plaintiff was compensated
by the Industrial Accident Board for
an injury received while employed at
the Flaming Arrow Ranch. Later.
more than six months after the acct
dent, he applied to the board to be
allowed an operating fee for a hernia
operation. The board refused to pay
the fee on the ground that the law
prohibited it from paying for an op-
Grafton had more than six months
after the injury.
Held: That the operation be paid
for since the section relied upon by
board, which requires operations with
N six months, does not include opera
ions for hernia.
April 23rd-The State of Montana
tx rel. Ernest krona " John j.
Holmes ct al. Original proceeding
lrising out of facts occurring in Lewis
md Clark county, Helena Opinion
~ Associate Justice C. F. Morris;
concurring opinions by Chief
Justice Howard A. Johnson and Hugh
Adalr; Associate Justice Albert An
lerson concurred in the result.
Facts: Prior to 1913 legislative ses-
ion the statute fixed the amount of
he Capitol janitors' salaries and the
preparation bills for such salaries
appropriated for salaries fixed by
aw.' The 1943 legislature changed
he statute to allow the amount of
he salaries to be fixed by the board
t examiners but neglected to change
ne wording of the appropriation bill
or b1ennium beginning July, 1913,
or did it provide an appropriation
OF such salaries "as fixed by the
GARD" from March to July first of
he present biennium. The board of
hammers refused to approve the
lain of the janitors and, one of them,
,rnest Krona, brought this proceed
lg
Held: Where the legislature made
for salaries fixed by
wv and at the same time changed
-ording of the law so that the sal
ries were fixed by the board of ex-
miners, it was held that the language
sed was surplusage when it appeared
lat it was the obvious intent of the
gislature that the moneys so ear
arked were to be used for payment
the janitors no matter how the
llaries were fixed
RIDERS:
lnAndreWs v. Smithson from Cas-
tde county, heretofore reported in
ese releases, the court ordered the
etition for rehearing denied after
lbstituting new opinion which did
IT change the result of the opinion
rmerly promulgated
Prepared and Released by:
PETER MELOY, Marshal
Supreme Court of Montana.