Decedent was the town superintendent of highways of the employer-town and was killed while in the performance of his duties. The award is contested on the ground that he held an elective office and was an independent public officer and that, therefore, the Workmen's Compensation Law did not apply to him. Award unanimously affirmed, with one bill of costs to the claimant and the State Industrial Board, to be divided between them equally, and disbursements, on the authority of section 54, subdivision 6, Workmen's Compensation Law, and Matter of Dann v. Town of Veteran ( 254 App. Div. 462; affd., 278 N.Y. 461).