Carstens Packing Co. v. Unemployment Compensation Division of the Industrial Accident Board

GIVENS, J.,

dissenting. — This court in Carstens Packing Co. v. Industrial Accident Board, 123 P. (2d) 1001, held that appellant was not a covered employer under the unemployment compensation statute as it existed ■ prior to 1941.1 The present action arises under the emphasized proviso of the amendatory sec. 18-5, chap. 182, 1941 Session Laws, pp. 393-4, which provides:

“The term ‘covered employment’ shall not include—

(t% i\i i]? * •

“ (f) Services performed in the employ of an individual owner or tenant operating a farm in connection with the cultivation of soil, the production and harvesting…