Larson v. Callahan Canning Co.

MORGAN, J.,

Dissenting. — The decision in the foregoing opinion is based on the theory that there is a conflict in the evidence and on I. C. A., sec. 43-1408, therein quoted. The portion of that section which attempts to limit courts to a review of questions of law violates Idaho Constitution, art. 1, sec. 18, art. 2, and art. 5, sec. 13, and, if the legislature in enacting the Workmen’s Compensation Law attempted to create a court, it also violates art. 5, see. 2. These sections are as follows:

Art. 1, sec. 18: “Courts of justice shall be open to every person, and a speedy remedy afforded for…