Singer Sewing Mach. Co. v. State Unemployment Compensation Commission
Decision Date | 09 September 1941 |
Citation | 167 Or. 142,116 P.2d 744 |
Parties | SINGER SEWING MACH. CO. v. STATE UNEMPLOYMENT COMPENSATION COMMISSION et al. |
Court | Oregon Supreme Court |
Appeal from Circuit Court, Clackamas County; Earl C. Latourette Judge.
On rehearing.
Prior opinion adhered to.
For prior opinion, see 103 P.2d 708.
H Lawrence Lister, Asst. Atty. Gen., I. H. Van Winkle, Atty Gen., and Ralph H. Campbell, Asst. Atty. Gen., for appellants.
Walter L. Tooze, of Portland, for respondent.
Green, Boesen & Landye, of Portland, for Oregon State Federation of Labor, amici curiae.
Hart, Spencer, McCulloch & Rockwood, of Portland, amici curiae.
John W. Reynolds, A. F. Flegel, Jr., and A. S. Vosburg, all of Portland, amici curiae.
It is with regret that the determination of this case on rehearing has been so long delayed. Sickness and death have prevented a hearing by the full bench. It was deemed desirable by the writer, if possible, to have such a hearing and hence the delay. When further delay appeared to be futile, the case was set for argument and a hearing was had. Thereupon, both parties sought, and were granted, permission to file supplemental briefs. The last memorandum tendered was offered by plaintiff on July 24, 1941. This is said by way of explanation and not as a reflection upon the course taken by anyone.
There are five major grounds assigned for asking that the original opinion herein be overruled.
1. The findings of fact are erroneous and insufficient upon which to grant claimant's demand for compensation.
2. The statute, O.C.L.A. § 126-701 et seq., upon which the claim for compensation herein is based, is a taxing statute and must therefore be strictly construed.
3. That inasmuch as the state law was enacted in compliance with the provisions of the federal statutes imposing a tax, the state could not extend the scope of the relief afforded so that it would benefit others than those so affected by the federal act.
4. A proper construction of such statute necessarily results in holding that the common law relationship of master and servant must be shown to exist in order to entitle one performing services for the benefit of another to recover compensation under such statute; and
5. The overwhelming weight of authority is to the effect that under such statute and the circumstances attending claimant's services, claimant is merely an independent contractor and not entitled to prevail.
These grounds have been elaborated in the briefs of three amici curiae, and the plaintiff-respondent.
Omitting the title, the introductory paragraph and the decision, the findings of the commission are as follows:
With due respect for those who differ, the writer thinks that there is testimony of a substantial nature supporting the findings of the commission, and that such findings are sufficient upon which to base the relief granted to claimant by the commission.
The writer is also of the opinion that the taxing feature of the unemployment compensation legislation is incidental rather than controlling; that the paramount purpose is one of relief under the police power.
As to the effect of the federal legislation upon the construction to be given to a state statute, such as the one under consideration, the writer is indebted to Mr. Justice Seawelll of the Supreme Court of North Carolina for the following ruling:
"Once having entered the field of social security of this kind, the State Legislature was not required to conform in every respect to the national ideology on the subject as expressed in the...
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...171 Or. 93, 136 P.2d 426; Singer Sewing Machine Co. v. State Unemployment Compensation Comm., 167 Or. 142, 103 P.2d 708, 116 P.2d 744, 138 A.L.R. 1398. The cited cases in our opinion factually different from the instant case, and not controlling herein. Counsel for respondent contended in h......
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