Luton v. Department of Labor & Industries

This is an appeal from a judgment of the superior court reversing a final order of the joint board of the department of labor and industries and directing the department to restore the claimant to her right to a pension under the workmen’s compensation act.

The appeal presents a mixed question of law and fact. During the period between May 4, 1928, and December 15, 1929, Ed Luton was the marshal of the town of Hamilton. An ordinance of the town, .adopted in 1891, fixed the salary of the marshal at sixty dollars per month. That ordinance has never been repealed. Owing to the disappearance of…