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Pennsylvania

Vol. XI.

HARRISBURG, PA., AUGUST 28, 1925

No. 35

THE STATE GOVERNMENT

Plans have been completed for two additional tours of the counties for inspection of State institutions and offices and to meet State employes by Governor Pinchot after conclusion of that now under way through southwestern Pennsylvania. Each of the coming tours will include from twelve to fifteen counties, the next beginning September 17th and the final October 5th. Some special tours for institutions in Philadelphia and vicinity and Allegheny county will be arranged later.

Most of the State Boards on vacation will resume sessions in September. The Board of Pardons will meet September 16th and the Sanitary Waters and Water and Power Resources Boards will return to regular dates.

Bids will be opened September 10th for the sale of $20,000,000 of State roads bonds.

September 1st over $4,000,000 will be paid out as school appropriations to second and third class districts from the general fund of the State Treasury.

The Public Service Commission will resume executive sessions September 8th and is arranging a series of arguments for late September and October. An important decision given this week on rights of municipalities to control trackage rights of street railways or their subsidiaries appears in this issue. Two hearings with the Interstate Commerce Commission have been arranged for October.

September 22nd has been definitely fixed by the Highway

Department for the second September opening of bids. AnOctober date is possible.

Discussion of plans for a survey of soft coal drainage has been started at the Capitol, but is as yet in a very indefinite form. Progress is being made in other studies. State and National governments will unite in a survey of the Allegheny and Monongahela Valleys for flood prevention purposes.

September 28th has been set by the Supreme court as the date for hearing argument in the Public Service quo warranto cases to be held at Pittsburgh. The answers have been filed.

The Public Service Commission has continued applications for charters for electric companies in Potter county, protests having been made on four by the General Gas and Electric Company. The charters are asked for rural companies. No change of policy on new companies has been announced as yet by the Giant Power Board.

The State Mines Department has reoccupied quarters formerly held by it in the North wing of the State Capitol and the Water and Power Board and Geological Survey Bureau are now with the Forests and Waters Department.

The 274 persons passing Pennsylvania medical examinations under supervision of the Department of Public Instruction came from thirty-one American, eight European and three Canadian colleges or universities.

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ARCHIE SMITH v. P. & R. C. & I. CO. Workmen's compensation-Road improvement-Wagon— Scraper-Repairs-Injury-Casual employmentRegular course of business.

The defendant had a contract to repair roads. It used in this business wagons and scrapers. One of each of these needing repairs the plaintiff was engaged as a carpenter solely to do the necessary work. While so engaged he was injured, losing several fingers.

Held: The plaintiff was a casual employe not engaged in the regular course of the business of the employer. No regular employe was charged with such work and in doing it the plaintiff was not doing the regular work of the defendant but work incidental to its regular business. Hence no award of compensation can be made for the injuries received.

In the Superior Court of Pennsylvania. No. 263 October Terin, 1924. Appeal from the Court of Common Pleas of Schuylkill County. Reversed.

The appellant is a property owner in Butler Township, Schuylkill County, and availing itself of the provisions of the Act of July 14, 1917, P. L. 840, had entered into a contract with the townships to keep the public roads in repair, and had a number of men regularly employed in work upon the roads. Part of the appliances and machines used upon the roads were dump wagons and scrapers. The plaintiff was a carpenter, who lived and had a shop at Lavelle, Schuylkill County, doing work for such individuals and companies as employed him, by the day at carpenters' wages, and also work for which he had a contract price. In March 1923, the foreman of the defendant in charge of the work on the road went to the plaintiff and told him that he wanted to have a road wagon repaired and the wheelwright

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