Kohler v. Industrial Commission

ELLETT, Justice

(concurring).

I concur but wish to point out one further ground as a basis therefor: When the legislature passed the act in question, it *296surely knew that it is a common thing for parents to assist their young, married children.

This is such a customary activity on the part of parents that the legislators, without question, were aware of it and wisely provided for all the funds from workmen’s compensation to be given to children who marry early, without diminution. At the same time, the legislators would not be likely to provide that all the funds given in lieu of the husband’s daily wages would be used for a wife who remarries. This difference between helping children and a widow who remarries seems to be so great as to prevent any question of a constitutional discrimination between children of a deceased party and his remarried widow.