(dissenting in part and concurring in part) :
I dissent as to what the majority calls the ultimate issue. The accident did not arise out of and in the course of employment. Whether it be travel allowance or subsistence or any *410other negotiated fringe benefit, does not make it in the course-of employment as far as industrial accidents are concerned.
I concur on the issue of constitutionality of section 92-616, K.C.M.1947.