See Ben Realty Co. v. Employment Security Commission

Mr. Justice McINTYRE,

dissenting.

I am unable to agree with may colleagues as to the result in this case. However, I think no useful purpose will be served by a lengthy discussion of our areas of disagreement.

It is clear and apparently undisputed that real estate salesmen do not and cannot obtain benefits under the Wyoming Employment Security Law, §§ 27-22 to 27-47, W. S.1957 — a situation which existed both before and after the 1963 amendment to § 27-25, requiring a recipient of benefits to have earnings in each week for 26 weeks. That being so, it is difficult for me to believe the legislature intended to assess a special purpose unemployment tax in such a manner that a whole class of persons for whose benefit the tax is levied would never be able to obtain benefits from the act.

I consider real estate salesmen independent contractors not covered by the Employment Security Law. Provisions of the Real Estate Brokers and Salesmen Act, §§ 33-344 to 33-355, W.S.1957, are not in pari materia *224with provisions of the Employment Security Law, and those provisions which treat real estate salesmen as employees for'purposes of the real estate laws should not be construed as making them employees for purposes of the unemployment laws.