Stoll

On September 28, 1937, a heavy timber fell upon Charles Stoll while he was engaged in reinforced concrete work. In an application for workmen’s compensation, he claimed to have received injuries to his right chest and also that his right shoulder and back had been severely *441 wrenched. Bight months later, and before any decision had been made upon his application, he died. His minor child, by a guardian ad litem, was then substituted for him as the applicant in the proceeding, and the Industrial Accident Commission made an award of compensation based upon a finding that Stoll had been totally disabled for one month following the accident. The commission also found that any disability sustained by him subsequent to that caused by the accident was due to tuberculosis, which was neither proximately caused nor exacerbated by his injury or by any injury arising out of and in the course of his employment. Upon a rehearing the commission affirmed the findings and award which it had previously made.

The present proceeding was then commenced. It was alleged as grounds for the issuance of the writ, that the Commission acted without and in excess of its powers and jurisdiction; that the…