Who is not an artisan or laborer

A foreman or superintendent who directs the work of others and whose work is mental and administrative or executive. Re Joseph Little, Op. Sol. Dep. C. & L., p. 60.

A dock master, having the care of a dock and the supervision of the dock force. Re G. W. Trahey, Id., p. 87.

A laboratory assistant engaged in making tests of materials in a chemical laboratory. Re William H. Ransom, Id., p. 85.

An assistant veterinarian, engaged in treating sick animals, giving medicine and dressing wounds. Re J. R. Brown, Id., p. 85.

A surveyor. Re A. H. Shappard, Id., p. 80.

A transit man. Re J. M. Grant, Id., p. 76.

A pilot on a snag boat. Re J. D. Hays, Id., p. 68.

A master or pilot of a steamer used in river and harbor work. Re A. T. Jones, Id., p. 68.

A telegrapher and shipping clerk engaged in work of a clerical nature. Re P. M. Whiteman, Id., p. 66.

A concrete inspector engaged in inspecting and directing

The cases generally decide that a superintendent is not a laborer within the meaning of any law, although foremen have been held to be laborers in several cases. Willamette Falls Transp. Co. v. Remick, 1 Oreg. 169; Short v. Medberry, 29 Hun, 39; Flaggstaff Silver Min. Co. v. Cullins, 104 U. S. 176; Capron v. Strout, 11 Nev. 304; Welch v. Ellis, 15 Can., L. T. 148.

That a superintendent is not a laborer was held in Mo. etc. R. Co. v. Baker, 14 Kan. 567; Nelson v. Withrow, 14 Mo. App. 270; Boyle v. Min. Co., 9 New Mex. 237; Blakey v. Blakey, 27 Mo. 39; Cole v. McNeil, 99 Ga. 250; Osborne v. Jackson, 11 Q. B. D. 619; Cocking v. Ward, 48 S. W. Rep. 287; Malcomson v. Wappoo Mills, 86 Fed. Rep. 192; Krauser v. Ruckel, 17 Hun, 463.

In a few cases it has been held that a superintendent is a laborer. Pendergast v. Yandes, 124 Ind. 159.

In the last-mentioned case the decision was made under a statute which preferred debts due to laborers, and it was held that a man employed by a gas company to have the sole superintendence of digging the trenches and laying the pipes, and with full authority to hire and discharge employés, was a laborer.

An assistant superintendent has been held to be a laborer. Willamette Falls Trans. Co. v. Remick, 1 Oreg. 169.

Services and employments without the act

the work of others. Re J. C. Cunningham, Id., p. 63; s. c. on reconsideration, but reaching the same conclusion, p. 64.

A draftsman whose duties resemble those of a clerk or artist. Re A. F. Reeves, Id., p. 54.

A ship draftsman whose duties are to design work and lay the same out for the different tradesmen and inspect the work when it is completed. Re H. L. Meeker, Id., p. 56.

A draftsman, who at the time of the injury was at work in a photograph gallery, and at work with a large vertical camera. (To steady the camera stand a pig of lead weighing about 100 lbs. was used, and in adjusting this weight it slipped from its position, falling about two feet and striking the wrist of the claimant, causing severe strains and contusions). Re W. G. Moore, Id., p. 56.

An employé whose occupation was given as "recorder" and whose duties consisted of "entering in a note book notes of survey work of the party to which he is assigned, reducing soundings, and assisting occasionally in platting notes." Re J. J. Corrigan, Jr., Id., p. 44.

A clerk engaged in office work. Re E. V. Alcee, Id., p. 42. A clerk whose duties "consisted of visiting the various sub-offices, work, and items of floating plant, inspecting, counting, and checking all public property." Re T. G. Prioleau, Id., p. 43.

A clerk acting as postmaster, who, while going for mail, was struck by a train. Re G. E. La Mire, Id., p. 43.

15. Piece workers.

A plate printer in the Bureau of Engraving and Printing, paid by the piece, is an employé of the United States and not a mere contractor. Re A. E. Clark, Op. Sol. Dep. C. & L., p. 34.

16. Services and employments without the Act.

The following services and employments have been held to be without the operation of the Federal Act:

Services and employments without the Act

A carpenter working in improvements to the water-supply system at West Point. Re Finlay Mackay, Op. Sol. Dep. C. & L., p. 138.

A rural mail carrier. Re D. H. Morgan, Id., p. 139.

A lineman employed by the Signal Corps of the Army. Re A. J. Lawrence, Id., p. 140.

An elevator conductor in a local Federal building. Re James Cassidy, Id., p. 142.

An electrician's helper employed in an executive department at Washington. Re A. W. Fowler, Id., p. 142.

A stevedore employed in the Army transport service. Re Michael Hogan, Id., p. 142.

A laborer employed in a local customhouse. Re N. C. Washington, Id., p. 143.

A pilot in the service of the Quartermaster's Department of the War Department. Re T. C. Pent, Id., p. 143.

A painter employed by an Indian agent at an Indian school. Re Ray Cadwalader, Id., p. 144.

A laborer employed in painting at an Army barracks. Re J. A. Posey, Id., p. 145.

A launch operator in the Quartermaster's Department of the War Department. Re Joseph Eaton, Id., p. 145.

A deck hand on a vessel attached to Governor's Island, N. Y. Re A. J. Cowan, Id., p. 146.

A laborer employed at a National park. Re Albert Johnson Id., p. 147.

A laborer employed in the construction of a power plant in the Congressional buildings. Re G. H. Smith, Id., p. 148. A powder man employed by the Government Road Commission of Alaska. Re M. D. McCormick, Id., p. 148.

A laborer employed by the United States in the work of raising the "Maine." Re Manuel Fernandez, Id., p. 149. A seaman on a vessel of the Naval Auxiliary Service. Re Sigurd Evenson, Id., p. 149.

A quartermaster on a lighthouse tender. (Law since amended.) Re J. A. Veseth, Id., p. 147.

"Injury shall continue for more than fifteen days"

A seaman employed on a lighthouse tender. (Law since amended.) Re O. R. Hansen, Id., p. 141.

A lighthouse keeper. (Law since amended.) Re Samuel Jewell, Id., p. 144.

An employé engaged in repairing a lighthouse beacon. (Law since amended.) Re August Michel, Id., p. 139.

17. Independent contractor.1

The owners of a power boat chartered to the Government and operated by the owner in its service is an independent contractor and is not an employé of the United States. Re John Hanson, Op. Sol. Dep. C. & L., p. 36.

18. Employé of contractor.

A workman employed by a Government contractor is not employed by the Government and is not entitled to receive compensation from the Government under the Federal Compensation Act. Re R. Lipscomb, Op. Sol. Dep. C. & L., p. 34.

19. "Injury shall continue for more than fifteen days."

Unless the incapacity lasts more than fifteen days compensation cannot be allowed. Re W. S. Frates, Op. Sol. Dep. C. & L., p. 416.

An injury continues for more than fifteen days if the period of disability lasts for full fifteen days in addition to the day of the injury; the day of injury cannot be disregarded without extending the period limit to sixteen days. Re Seymore Fogg, Id., p. 415.

When the days of incapacity, whether consecutive or in broken periods, amount to more than fifteen out, counting intervening Sundays and holidays, the law operates to grant compensation. Re O. P. Wells, Id., p. 421.

Where the accident causing the injury occurred at ten

1 See Chapter 5.

Negligence or misconduct

o'clock on the morning of December 15th, and the claimant was able to resume work on the morning of December 31st, it was held that the injury continued for more than fifteen days and that the claimant was entitled to compensation. Re H. A. Thompson, Id., p. 418.

Where an injury happened at 3 P. M. on January 4th and the claimant worked on the 5th but was unable to work on the 6th and was away from work from January 6th to January 20th, both days inclusive, it was held that the injury continued for more than fifteen days within the meaning of the Act, and that the claimant was entitled to compensation. Re Elemo Osborne, Id., p. 419.

An employé who is so injured that he can never resume work on which he was engaged at the time of the injury, but who after fourteen days after incapacity, is able to resume work by accepting an assignment to a character of work with which his injury does not materially interfere, and who does so resume work, may receive compensation for the time lost even though it may not amount to more than fifteen days. Re A. D. Davis, Id., p. 422.

An employé who is physically able to resume work within fifteen days after the injury, but who is prevented from actually resuming work until 18 days thereafter because of holidays or lack of work, is not entitled to compensation. Re Jack Avery, Id., p. 423; Re Alexander Jackson, Id., p. 424.

Where a workman is injured and pneumonia supervenes which is not in any way connected with the injury, and by reason thereof he is incapacitated more than fifteen days, he is not entitled to compensation if the injury itself would not have caused him to be incapacitated for fifteen days. Re Joseph Broughton, Id., p. 434.

20. Negligence or misconduct.

Under the Federal Act compensation is denied when the injury is caused by the "negligence or misconduct" of the employé. The rule of "contributing negligence" is not