What is a manufacturing establishment

Op. Sol. Dep. C. & L., p. 89; letter of Comptroller Tracewell to the Auditor for the State and other departments, March 18, 1909; Id., p. 625; 15 Comptroller's Decisions, p. 554.

The Bureau of Engraving and Printing. Re A. E. Clark, Id., p. 92.

A carpenter and machine shop connected with an Indian industrial school at which mission furniture is made. Re F. A. P. Clarke, Id., p. 105.

The mechanical plant of the Smithsonian Institution, at which steam power and electric light are generated, and cases, cages and museum furniture are made. Re Albert Strong, Id., p. 104.

The mail-bag repair shop of the Post Office Department at which a variety of mail equipment is made. Re M. A. Kennedy, Id., p. 103.

An electric light and power plant of an executive department, at which ice is also made. Re Jacob Pyrah, Id., p. 101.

A blacksmith shop, at which bolts, frills and other articles and tools used in irrigation work are made and repaired. Re H. L. Fenton, Id., p. 99.

The Jeffersonville Depot, where a number of articles of quartermaster's supplies are manufactured, and a painter, engaged in painting one of the buildings, although not engaged in portion of the manufacturing, is entitled to compensation when injured, under the terms of the Federal Act. Re George Worthington, Id., p. 98.

An Army Quartermaster's depot, at which clothing and tents are made, and an employé of such an establishment is entitled to compensation although not engaged in manufacturing operations. Re J. V. Nicholas, Id., p. 97. In the lastmentioned case the employé at the time of the injury was engaged in loading a truck away from the depot at a wharf on the Delaware River.

A saw mill at Fort Meade, at which lumber is sawed and dressed and shingles are made. Re Leander Herron, Id., p. 96.

A lighthouse depot at which a material portion of the work

Employé of manufacturing establishment working elsewhere

consists in the manufacture and repair of materials, appliances and vessels. Re G. W. Wygant, Id., p. 90; Re George Bell, Id., p. 92.

9. What is not a manufacturing establishment.

The following have been held not to be manufacturing establishments within the meaning of the Federal Act:

An aqueduct and filtration plant, the function of which is to collect, purify and deliver city water. Re J. W. Schlosser, Op. Sol. Dep. C. & L., p. 105.

A laboratory used only for making tests of materials. Re E. J. Meissner, Id., p. 103.

A naval observatory; nor is it an arsenal or navy yard. Re John Lamkin, Id., p. 100.

A lighthouse tender, a vessel attached to a lighthouse depot and used in transporting workmen and supplies, and in the placement and upkeep of aids to navigation. Re John Lambert, Id., p. 94; Re J. A. Veseth, Id., p. 94.

The local office of the Weather Bureau at Detroit, although a printing press is there operated, Re William H. McAllister, Id., p. 93.

A storekeeper-gauger of the Internal-Revenue Service is not employed in a manufacturing establishment. Re S. J. Roberts, Id., p. 99.

Hauling and trucking oats from car to dock by a laborer in the Army Quartermaster's Department, is not work in or in connection with a manufacturing establishment. Re J. B. Gray, Id., p. 90. Nor is the driving of piles by an employé of the Bureau of Fisheries at work about a lobster pound work done in a manufacturing establishment. A. H. Feltis, Id., p. 95.

Re

10. Employé of manufacturing establishment working elsewhere.

An employé of a manufacturing establishment is entitled to compensation although at work elsewhere at the time of injury. Re I. R. Melling, Op. Sol. Dep. C. & L., p. 101.

Nature of work, not title, fixes status of employé

11. Artisans or laborers only covered by Act.

Artisans or laborers only among employés of the United States are covered by the Federal Statute. Re Joseph Little, Op. Sol. Dep. C. & L., p. 66. In the last-mentioned case it was urged that an employé of the Government who was engaged in a hazardous employment was entitled to compensation even though he was not an artisan or a laborer. This contention, however, was not sustained, it being held that only artisans or laborers employed in certain occupations which could be designated hazardous employments come within the provisions of the Act.

12. Nature of work, not title, fixes status of employé.

The nature of the work performed by the employé and not the title given him in his appointment determines the question of whether or not he comes within the terms of the compensation Act, as an artisan or laborer. Re William G. Crandall, Op. Sol. Dep. C. & L., p. 58. The fact that an employé is designated as a messenger is not material, but his status under the Federal Compensation Act will be determined by his actual duties. Re S. J. Mullins, Id., p. 40; Albert Donaldson, Id., p. 41; re John Jackson, Id., p. 41. An employé who is designated as a "general foreman" but whose duties are in reality those of "foreman" in actual charge of laborers at work, is a laborer within the meaning of the Act, and is entitled to compensation. Re J. D. Black, Id., p. 61.

A laborer is one who performs manual labor. Ho King, 14 Fed. R. 724. A laborer is one who labors with physical powers and under the direction of another, at fixed wages. Kansas City v. McDonald, 80 Mo. App. 444.

A sanitary inspector in the Canal Zone was injured while "inspecting canal cut for mosquito larvæ." The question of whether or not he was a laborer was reserved and does not seem to have been subsequently decided. Re I. W. Pickett, Op. Sol. Dep. C. & L., p. 62.

Who is an artisan or laborer

13. Who is an artisan or laborer.

The following have been held to be artisans or laborers within the meaning of the Federal Act:

A working foreman of laborers. Re Wm. L. Kline, Op. Sol. Dep. C. & L., p. 75.

A rigger and diver.

p. 86.

Re Fritzihoff Lagerholm, Id.,

An acting inspector, normally a working foreman of laborers. Re P. J. Keating, Id., p. 73.

A time inspector (under special circumstances). Re E. H. Van Sittert, Id., p. 72.

An employé who was designated as an inspector, and whose duty consisted of accompanying scows containing dredging material to the dumping grounds at sea, it being necessary for him to board the scows from the tug in the open sea. Re M. T. J. Green, Id., p. 83.

An employé, designated an inspector, engaged in marking and passing cross-ties, piling, and lumber, and without any duty of supervision or superintendence. Re S. W. Baker, Jr., Id., p. 82.

A rodman with a surveying party, also acting as chainman and axman. Re E. R. Williams, Id., p. 70.

An employé designated on the pay rolls as a "surveyman," who was engaged in assisting surveyors employed in construction of river and harbor work, whose work consisted of acting as transit man, levelman, chainman and axman. Re C. E. Hott, Id., p. 71.

A storeroom clerk in the Canal Zone. Re Dudley Inniss, Id., p. 63.

A packer in the Mare Island Navy Yard, who was required to handle and arrange stock in the store room for the purpose of putting all the articles of one kind together and to check and list them. Re William G. Crandall, Id., p. 58.

A watchman on a Government dredge engaged in river and harbor work. Re Sam. Peffer, Id., p. 53.

A policeman or watchman. Re J. P. Golden, Id., p. 50.

Who is not an artisan or laborer

A shipkeeper in the Charlestown Navy Yard. Re B. G. Pedrick, Id., p. 53.

A sailor working on a dredge and assisting in dredging Re L. T. Zacias, Id., p. 44; Re Marcus Vulicas, Id.,

work. p. 45.

An employé appointed as a special laborer messenger engaged in the work of a laborer or messenger, except when detailed to clerical work. Re Frank Adler, Id., p. 45; s. c. p. 46; s. c. p. 47; s. c. p. 48; decision of the Comptroller of the Treasury, p. 49.

A messenger, but who at the time of the injury was driving a delivery wagon of the Printing Office. Re Albert Donaldson, Id., p. 41.

An employé designated a messenger who engaged in work of the laboring class. Re S. J. Mullins, Id., p. 40. In the last-mentioned case the employé was caring for a horse in the stables connected with the arsenal, and the horse kicked him, causing injuries which disabled him for a period of fifteen days.

A boy fourteen years of age was employed as a messenger in the construction and engineering department in the Canal Zone and received $30 a month as wages. He operated a telephone and worked as a messenger at a booth located near a junction of a certain dump track of the Canal Commission with the Panama Railroad line, and he reported to the dispatcher trains passing that point and delivered to the train crews such orders as were given him by the dispatcher or yardmaster. He was killed in crossing the tracks. It was held that he was an artisan or laborer within the meaning of the Federal Compensation Act and that his mother was entitled to compensation as a dependent. Re John Jackson, Id., p. 41.

14. Who is not an artisan or laborer.

The following have been held not to be artisans or laborers within the meaning of the Federal Act: