McCain, Comm. of Labor v. Crossett Lumber Company

I dissent from the majority opinion on the following grounds:

I. This case is controlled by Act 155 of 1937, rather than by Act 391 of 1941, and, under the provisions of Act 155, as construed in the case of McKinley, Commissioner of Labor, v. R. L. Payne Son Lumber Company, 200 Ark. 1114, 143 S.W.2d 38, the services involved were those of employees and not independent contractors.

II. This suit is in reality against the state, and, as such, is forbidden by the constitution of Arkansas.

In the trial of the case at bar, no evidence was heard; but it was agreed that it should be determined upon the…