Englebretson

This is a proceeding in certiorari, under the provisions of the Workmen’s Compensation Law of 1913, to review certain proceedings of the Industrial Accident Commission, taken upon the application of Mary Smith and J. L. Smith, for compensation for an injury claimed to have been suffered by accident to one James M. Wells while he was in the employ of the petitioner Englebretson.

All the questions presented relating to the validity of the Workmen’s Compensation Law, under the constitution of this state "and of the United States, have been determined in favor of the commission by our decision in Western Indemnity Co. v. Pillsbury, ante, p. 686, [ 151 Pac. 398 ], decided August 4, 1915, (S. F. No. 7134), and they need not be considered here The questions here presented, relating to the validity of the order of the commission, depend upon the terms and effect of the compensation act itself.

Wells was working for Englebretson, assisting in operating a scraper used in constructing a railroad embankment. His work was that of driving the team of horses attached to the scraper. Another man loaded, dumped, and handled the scraper itself. Other teams drawing dump wagons were also engaged in…