Show widow of df mining man refused compensation the state industrial commission on tuesday denied compensation i under the utah workmen a corn com pens atlon act to mrs elizabeth who made application in behalf of herself and her daugh ter helen the appu cant Is the widow of john wester dahl former superintendent of th thi gintic tintic standard mine at dividend who was killed at a store on the mine property the night of march 9 1921 the crime was incident to a sensational robbery of the store which was leased and operated by J H manson entered the store during the progress of the rob bery but appeared to think that some joke was being played he asked for a cigar and when told to hold up his hands he complied with the request but a second or two later the robbers started shooting ana and the superintendent was killed though the commission is anant in its decision to the effect that the widow Is not entitled to compensation the members reach this conclusion by devious routes chairman P A thatcher and 0 F mcshane members of the commis sion cdon held that the evidence shows that entered the store to buy the cigar he asked tor for when he was shot down they conclude on clude therefore that the shooting did not arise out of or in the course of cm em and therefore that the commission has no jurisdiction ovar the case W M knerr knorr however holds that the findings of the commission should show that as mine superintendent was on duty at all times of the day and that he was at the time and had been all day in lease could be cancelled it it found that the law was being vio atea in the store commissioner knerr however tolls tells that the commission should controlled by the decision of 0 supreme court in the como case como was a coal miner who killed according to the surmise a fellow workman who was committed to the state hospital as insane the commission awarded dependents of como corn com sensation pens pensa atlon tion but the supreme court re versed this action it seems to me writes mr knerr that the injury caused to was the wilful act of i third person but that it was not directed against mr be N cause of his employment it do dos s not appear that had any conversation with the persona persons who killed him regarding the workings of the gintic standard mining corn com pany were it not tor for the court courts s decision in the como case 1 I should be obliged to conclude that s widow and children were entitled to compensation as provided in the state industrial act |