ofessional nurses. It may, however, include
those not engaged in manual labor, such as a school-teacher. The fact
that a workman furnishes tools and materials, or undertakes to do a
specified job will not prevent his being an employee. A deaconess,
living and working in a hospital and receiving an annuity to cover
clothing and expenses, is not an employee of the hospital," nor is an
employee of a religious home for the aged who works around the house
for which he is not paid any fixed amount. A director of a bank is not
an employee within the meaning of the acts under consideration.

To be an employee there must be a contract of service. This is not the
same thing as a contract for services. By the latter relationship one
is an independent contractor and excluded from the acts. The contract
of service need not be actually made, it may be implied, for example,
the case of a substitute who is engaged by an employee in accordance
with custom. A contract of service is not created by the relation of
landlord and tenant, carrier and passenger, bailor and bailee, nor by
professional service, nor by forming a partnership, nor by performing
manual labor beyond the employer's control. Whether a contract of
service arises from charitable work depends on the circumstances of
the particular case. State employees are within these acts in some
states, and excluded in others, likewise municipal employees. By the
federal act the term "laborer" is used to designate men who do work
that requires but little skill as distinguished from an artisan who
practices an industrial art. The act includes a storekeeper, an
inspector who performs no manual labor, a messenger in the government
printing office, the master of a dredge, the matron of an Indian
school, a transit man, a surveyor, a clerk engaged in office work, an
assistant veterinarian, a laboratory assistant, a dock master.

Compensation legislation is not limited to healthy employees. One's
previous physical condition is of no consequence in determining the
amount of relief to be afforded. Nevertheless, it is a circumstance to
be considered in ascertaining, when one has been injured, whether the
injury resulted from the work or from his health.

In some of the compensation acts minors are excluded, in other acts he
is protected by them. An apprentice who is qualifying himself to
operate an elevator is an employee within the Minnesota Act. Many of
the acts provide that the term employee