Kleck v. Wayland, Civil 4017

• Decision Date: 06 May 1939
• Docket Number: Civil 4017
• Citation: 53 Ariz. 432,90 P.2d 179
• Parties: JACK KLECK, Appellant, v. W. ROY WAYLAND, JOHN J. DURKIN and J. J. TAYLOR, as Members of and Constituting the UNEMPLOYMENT COMPENSATION COMMISSION OF ARIZONA et al., Appellees
• Court: Arizona Supreme Court

90 P.2d 179

53 Ariz. 432

JACK KLECK, Appellant, v. W. ROY WAYLAND, JOHN J. DURKIN and J. J. TAYLOR, as Members of and Constituting the UNEMPLOYMENT COMPENSATION COMMISSION OF ARIZONA et al., Appellees

Civil No. 4017

Supreme Court of Arizona

May 6, 1939

APPEAL from a judgment of the Superior Court of the County of Maricopa. E. G. Frazier, Judge. Judgment affirmed.

Messrs Elliott & Glenn, for Appellant.

Mr George D. Locke, for Appellees.

OPINION

ROSS, C.J.

This is an action for a declaratory judgment to determine the question whether plaintiff is required to make contributions to the unemployment compensation fund created by chapter 13 First Special Session, Twelfth Legislature, 1936, and amended by chapter 68, Laws of 1937. This statute was enacted to adjust and harmonize the state's policy of social security with that of the national government as expressed in the Federal Social Security Act, 42 U.S.C.A., section 301 et seq. Under chapter 13, as amended every employer of three or more individuals for wages for as much as twenty weeks a calendar year, except the employment of agricultural labor, domestic service in a private home, and some other employments not necessary to mention, is required to make contributions to an unemployment compensation fund, calculated upon a named percentage of the wages paid his employees. Sections 7 and 19, chap. 13, as amended by secs. 5 and 9, chap. 68. And the defendant, Unemployment Compensation Commission of Arizona, is constituted the agency to administer the law. Section 11, chap. 13.

The plaintiff contends that the service he is now, and has been, rendering is agricultural and not commercial in its nature and that he should not be required to contribute to the unemployment compensation fund. We quote the part of plaintiff's complaint giving his residence and describing the kind of labor he and his employees perform and do:

"I. That the plaintiff now is, and at all times mentioned in this complaint was, a resident of the County of Maricopa, State of Arizona."

"III. That the plaintiff is now and for many years next last past continuously has been an employer of more than three employees who, under their respective contracts of employment with this plaintiff, from time to time perform labor for this plaintiff as follows:

"1. Clearing and grubbing lands preparatory to use of such lands for and only for the planting and growing of crops or orchards thereon.

"2. Levelling lands preparatory to the use of such lands for and only for the planting of and growing of crops or orchards thereon.

"3. Dragging lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"4. Floating lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"5. Ditching lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"6. Bordering lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"7. Plowing lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"8. Discing lands preparatory to the use of such lands for and only for the planting and growing of crops or orchards thereon.

"9. Generally preparing lands for and only for the planting and growing of crops or orchards thereon.

"10. Planting crops or orchards on lands for and only for the purpose of growing, maturing and harvesting crops or fruits therefrom.

"11. Drilling, sowing, broadcasting, and planting of seed on and in lands for and only for the purpose of growing crops thereon.

"12. Digging tanks, reservoirs, and catch basins in and on lands for and only for the purpose of impounding water to be used for and only for the growing of crops or orchards.

"13. Digging tanks, reservoirs and catch basins in and on lands for and only for the purpose of impounding water to be used for and only for the purpose of watering horses, cattle, sheep, goats, or other livestock.

"14. Placing, forming and fashioning earthern dams or check dams for the purpose of creating reservoirs, tanks and catch basins in and on lands for and only for the purpose of impounding water to be used for and only for the purpose of growing crops or orchards or for watering horses, cattle, sheep, goats, or other livestock, or for any one or all of such purposes.

"15. Operating mechanical tractors, scrapers, fresnos, plows, harrows, discs, drills or other mechanical implements for clearing, grubbing, leveling, dragging, floating, ditching, bordering, or plowing lands, or for planting, drilling, sowing, and broadcasting seed, all for and only for the purpose of growing crops or orchards on lands.

"16. Operating mechanical tractors, scrapers, fresnos, plows, and other mechanical implements in digging tanks, reservoirs and catch basins, or for fashioning earthen dams or check dams, all for the purpose of impounding water to be used for and only for the growing of crops or orchards, or for watering horses, cattle, sheep, goats or other livestock, or for any one or all of such purposes.

"17. Servicing and repairing, in the field, said mechanical tractors, scrapers, fresnos, plows, drills, harrows, discs, or other mechanical implements used for and only for one or more of the purposes aforesaid.

"18. Operating trucks for and only for the purpose of transmitting motor vehicle fuel oil and service parts and material for the refuling, oiling, repairing and servicing, in the field, said mechanical tractors, scrapers, fresnos, plows, drills, harrows, discs, or other mechanical implements used for and only for one or more of the purposes aforesaid.

"19. Repairing and servicing in a garage or repair shop maintained and operated for and only for the repair and servicing of said trucks and mechanical tractors, scrapers, fresnos, plows, and other mechanical implements used for and only for one or more of the purposes aforesaid.

"20. Superintending and directing one, several or all of the occupations hereinbefore enumerated and described.

"21. Maintaining a central office and keeping the books of account of this plaintiff in respect of said employees of this plaintiff and their...