State, Treadway v. (Okl. Cr. App.). State v. Urban (Kan.). 271 Tower v. Weinrub (Colo.). .1115 State, Watson v. (Okl. Cr. App.). 77 Town of Uniontown v. Klemgard (Wash.) 853 521 Treadway v. State (Okl. Cr. App.) 271 943 Trull, Bekins v. (Cal. App.)... 24 291 Tujague v. Superior Court of City and State Bank v. Almira Farmers' Warehouse Co. (Wash.) Turner-Tulsa Co. v. H. Schnell & Co. (Okl.) 918 817 State Bank v. Sheridan County (Mont.)..1097 State Board of Equalization, State v. (Okl.) 743 State Industrial Accident Commission, Dragicevic v. (Or.)... 354 760 359 Steele v. State (Okl. Cr. App.).. Twodot Fertilizer Co., Thompson v. (Mont.) 588 T. W. & L. O. Naylor Co. v. Bowman (Idaho) 347 Union Cent. Life Ins. Co., Vann v. (Okl.) 484 Union Portland Cement Co. v Morgan County (Utah).. Union School Dist. No. 2, of Sheridan County, v. Starrett (Kan.) United Eastern Mining Co. v. Hoffman (Ariz.) .1020 324 .1099 Stewart, People v. (Cal. App.). Stewart, State v. (Mont.). Stille, Hall Hotel Co. v. (Colo.). 504 221 366 125 United Negroes Protective Ass'n, City Council of City and County of Denver v. (Colo.) 598 Stocke, Torgerson v. (Mont.). .1096 Stockmen's Nat. Bank V. Sutherland (Mont.) 369 United States Fidelity & Guaranty Co. v. Industrial Commission of Colorado (Colo.) 624 Stolting, In re (Wash.). 405 United States Nat. Bank v. Chappell (Mont.) .1084 Stolting v. Kuykendall (Wash.) 405 United States Smelting. Refining & Mining Stoy, State v. (Kan.). 335 Street Rys. Advertising Co. v. Olympia Exploration Co. v. Wallapai Mining & Development Co. (Ariz.). 1109 Brewing Co. (Wash.).. 405 Urban, State v. (Kan.). 77 Supancic, State v. (Kan.). 306 Superior Court for Kitsap County, Lof Utah Fuel Co. v. Industrial Commission of Utah (Utah).... 681 gren v. (Wash.)... 156 State v. Superior Court of Washington for Walla Walla County (Wash.) Sumid v. Prescott (Ariz.). .1103 Superior Court for Lewis County, State v. (Wash.) Vandenberg v. Board of Education of Wichita (Kan.) 321 154 Superior Court in and for Mariposa County, Gerrior v. (Cal. App.)... Superior Court of California in and for City and County of San Francisco, Dowd v. (Cal. App.) 967 Vanlandingham v. Newberry (Okl.). 726 874 961 Superior Court of California in and for Solano County, Southern Pac. Co. v. (Cal. App.) 952 Wade v. Tacoma (Wash.). 99 Superior Court of City and County of San Francisco, Tujague v. (Cal. App.).. Superior Court of Stanislaus County, Newport v. (Cal.) Superior Court of Tulare County, Hobson v. (Cal. App.).... Walsh v. Wescoatt (Wash.) 160 456 Superior Court of Washington for Walla Walla County, State v. (Wash.). Ward v. Beatrice Creamery Co. (Okl.)... 872 Ware v. People (Colo.). 123 434 Sutherland, Stockmen's Nat. Bank V. Warner v. Synnes (Or.).. 362 Warren, People v. (Cal. App.). .1114 (Mont.) 369 Warren, Robbins v. (Okl.).. 929 38 Warshauer-McClure Sheep Co., Ortiz v., two cases (Colo.).. 612 510 Warshauer-McClure Sheep Co., Sanchez v. (Colo.) 612 .1046 Watkins v. Byrnes (Kan.). .1048 Synnes, Warner v. (Or.). 362 Watkins Co. v. Waldo (Kan.). .1051 Watson v. State (Okl Cr. App.) 521 Weathers v. Layton & Forsyth (Okl.)... 750 Webb, Adams v. (Okl.). 878 30 Weber, People v. (Cal. App.).. 180 Wehner v. Wehner (Cal. App.) 458 Teeters, Dyatt v. (Kan.). .1074 Weinrub, Tower v. (Colo.).. .1115 Thimgan, Alderman v. (Colo.). 620 Weitzel v. Weitzel (Ariz.). .1106 Thomas v. Mahin (Colo.). Thomas v. Noel (Okl.).. 793 Wellston Consol. School Dist. 1, Lincoln 480 County, v. Matthews (Okl.) 739 [Cases in which rehearings have been denied, without the rendition of a written opinion. since the publication of the original opinions in previous volumes of this Reporter.] CALIFORNIA Newman v. Newby, 221 P. 386. People v. Hale, 222 P. 148. Westervelt v. McCullough, 221 P. 661. NEVADA E. Reinhart Co. v. Oklahoma Gold Mining Co., 226 P. 902. Holtzman v. Bennett, 229 P. 1095. Holtzman v. Bennett, 229 P. 1097. Noyd, Ex parte, 227 P. 1020. Richmond Machine Corporation v. Bennett, 229 P. 1098. OKLAHOMA Andrew v. Gant, 228 P. 1104. Frazer v. Ardmore, 229 P. 143. See End of Index for Tables of Pacific Cases in State Reports t THE PACIFIC REPORTER VOLUME 230 ROMAN CATHOLIC ARCHBISHOP OF SAN 1. Master and servant such as Civ. Code, §§ 593-602, relative to religious corporations. 7. Religious societies 10-Powers of religious corporation construed with reference to objects. Powers of religious corporation, formed un417(7)-Finding of der Civ. Code, §§ 593-602, are construed with reference to its object. Industrial Commission whether workman was employee or independent contractor held conclusive. Whether Workman was employee or independent contractor within Workmen's Compensation Act is question of fact on which judgment of Industrial Commission is conclusive, where facts are disputed and becomes question of law only when there is but one inference from facts. 2. Master and servant 405 (2)-Finding workman shingling roof of parish church was employee sustained. Evidence held to sustain finding that workman shingling roof of parish church was employee and not contractor within Workmen's Compensation Act. In reviewing testimony before Industrial Commission any conflict therein must be resolved on side of findings. 4. Master and servant 362-To exclude employment from Compensation Act it must be both casual and not in course of employer's business. Employment must be both casual and not in course of business of employer to be excluded under Workmen's Compensation Act, § 8c. 5. Master and servant 403-Burden on employer to show claimant was independent contractor or work was not in course of employer's business. Under Workmen's Compensation Act, § 19(d) burden is on employer to show that compensation claimant was independent contractor or work was not in course of employer's busi ness. 6. Evidence 31-Judicial notice taken of existence of private corporations created by public law. Courts will take judicial notice of existence of private corporations created by public law 8. Evidence 22 (2)-Existence of corporation sole being shown, courts take judicial notice that it has rights and duties but not nature thereof. Existence of corporation sole being shown, courts take judicial notice that it has civil rights and duties but not of scope and nature thereof. 9. Master and servant 405 (2)-Failure of employer corporation to prove that its civil rights and duties did not include repairs of parish church held to justify compensation award. As contemplated by Workmen's Compensation Act, § 19(d), failure of Roman Catholic Archbishop to prove that his civil rights and duties as a corporation sole did not include repairs to parish church held to justify compensation award to shingler injured while pairing roof. In Bank. re Certiorari to Industrial Accident Commis sion. Proceedings under the Workmen's Compensation Act by Charles Laton Eubanks, claimant, opposed by the Roman Catholic Archbishop of San Francisco, a corporation sole, employer. The Industrial Accident Commission awarded compensation, and the employer brings certiorari. Affirmed. R. P. Wisecarver, of San Francisco, for petitioner. Warren H. Pillsbury, of San Francisco, for respondents. LAWLOR, J. An award was made by the Industrial Accident Commission in favor of Charles Laton Eubanks, whom we shall designate the applicant, and against the Roman Catholic Archbishop of San Francisco, a cor For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes 230 P.-1 Including the amount of the award accru poration sole, hereinafter referred to as peti-, visions of the Workmen's Compensation, Intioner. The award was in the amount of surance, and Safety Act of 1917." $583.24, and the additional sum of $20.83 per week, beginning with the 28th day of December, 1922, and until the termination of the disability of the applicant or the further order of the Commission. ing between the first and second decision a final award was made against the petitioner for $583.24, and the further sum of $20.83 per week. On May 15, 1923, the second decision was also amended by the addition of the following: The applicant applied to the Commission for the adjustment of his claim for compensation based on an injury sustained by him while he was reshingling a roof. It appears "The work contemplated upon which the emhe is a carpenter by trade, and was engaged ployee was engaged at the time of his injury by the Reverend Albert R. Bandini, a pastor 10 working days and at a labor cost of less than was to have been completed in not exceeding of the Roman Catholic Church in the coun- $100, and was after the injury to the applicant try territory which extended five miles out actually completed within such period and cost, of the city of Stockton. The headquarters and the applicant's employment was therefore of the pastor were at St. Michael's Church, casual. * Defendant Rev. Fr. Bandini some distance from a chapel at Linden up- was, at and about the time of the aforesaid on which the work was performed. The injury, and the contract of employment, the applicant claimed he worked one full day- agent of the employer, but was not himself the the afternoon of the day he was engaged employer and is neither a necessary nor propand the forenoon of the following day. er party to this proceeding." Shortly after 12 o'clock of the second day, back. in preparing to descend from the roof, the footing gave way, and he fell about 20 feet to the ground striking on his feet. The injuries he sustained were fractured bones in both feet and some injury to the muscles and ligaments in the left lower part of the It was found that he is totally disabled. The pastor was named as defendant in the application before the Industrial Accident Commission. Findings and an award were filed on October 19, 1922, at the first hearing, in effect as follows: That the applicant sustained injury occurring in the course of and arising out of his employment, and that the work of reshingling the roof of the chapel was not contemplated to be com pleted within 10 working days, the employment was not casual, and an award of $270.79 was made against the pastor, with the weekly sum of $20.83 until the termination of the disability or the further order of the Commission. A petition for rehearing was granted by the Commission, based on the contentions that the employment was casual, that the applicant was an independent contractor, and that there is newly discovered evidence. On December 6, 1922, the petitioner was joined as a proper party to the proceeding before the Commission upon the ground that he held the legal title to the property upon which the applicant was em ployed at the time of his injury. New evi dence was received by the Commission whose decision was filed on April 18, 1923, in which it was found that- The record before the Commission upon which the findings, amended and additional findings, and amended award were based shows that the applicant, on June 6, 1922, went to the free bureau of employment in the city of Stockton, and there secured a shingling job at the said Roman Catholic chapel at Linden. The pastor discussed with applicant the proposed job of reshingling, and after the terms were agreed upon he drove him out to the chapel. The applicant he testified he was to be paid $8 per day; started work shortly after the noon hour; of the church was to be reshingled, and the that it was a repair job, and the entire roof batten board and the ridge board were to be fixed; that the shingles were already at the church and supplied by the pastor; that the job called for 25,000 shingles; that he supplied his own tools, but that the ladders and scaffolds were already there; that he understood the pastor was bossing the job; that nothing was said about the total cost of the work, nor concerning the number of days he was to be employed, nor about retaining him on the job until it was completed, but he understood his employment was simply to be until he finished. "Q. Were you not supposed to complete the job out there? A. Not that I know of; I thought he might fire me like he did the first man. He started me off on the work. I was to roof the church in the regular way. Q. When were you to be paid A. Once a -every day or once a week? week, that is when I expected it"; that the old shingles had been taken off half the roof, and that he was to take off the other half himself; that about one-half day's work of shingling had been done by his predecessor; that the pastor told him there were about 25,000 shingles on the place and more "The employer was at said time a religious corporation sole, and the employee at the time of said injuries was engaged in the repair of the church building owned by said employer at Linden, Cal., and operated by it for the carrying out of the purposes of the organization of said employer among its parishioners at that point to come; that he could put on about 3,000 and such repair was therefore in the course of in one day; that it would take 1 day to clear the business of the employer, and both the off the shingles, 2 days to fix the ridge board |