1913 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 
 Gift of 
 Eenoer-Moss Co.
 
 A TREATISE 
 
 ON 
 
 THE LAW OF 
 
 COMPENSATION 
 FOR INJURIES TO WORKMEN 
 
 UNDER MODERN, INDUSTRIAL 
 STATUTES 
 
 BY 
 JAMES HARRINGTON BOYD, A.M.,Sc.D. (Princeton) 
 
 Chairman of the Ohio Employers' Liability Commission 
 and Member of the Toledo Bar 
 
 IN TWO VOLUMES 
 
 VOL.1 
 
 INDIANAPOLIS 
 
 THE BOBBS- MERRILL COMPANY 
 PUBLISHERS
 
 \9I3
 
 PREFACE 
 
 During the last four years Workmen's Compensa- 
 tion and Industrial Insurance Laws, creating the 
 new and fundamental principle of compensation and 
 insurance for injuries to workmen, have been enacted 
 into statutes by the United States, with special relation 
 to Federal employes, and by many of the states of the 
 Union. Special commissions to investigate the subject 
 and report recommendations have been appointed by 
 many of the state legislatures and it seems not un- 
 reasonable to predict and it is to be hoped that within a 
 decade the principle will have been accepted by all the 
 states. 
 
 The principle of compensation is of German origin 
 and is an evolution of the thought and purposes of the 
 philosophers, economists and statesmen of that great 
 nation. Its merits have been established by more than 
 thirty years of practical and successful operation on a 
 large scale in that country. Substantially all the civilized 
 nations of the world have followed the German plan. 
 
 It is the purpose of the author to point out and dis- 
 tinguish the characteristics of the different remedies for 
 the relief of injured workmen the Common Law Rem- 
 edy, Employers' Liability Laws, Workmen's Compen- 
 sation and Insurance Acts ; to show the economic effects 
 of the operation of such laws from an ethical, social and 
 political point of view; to trace the historical evolution 
 of these laws; to analyze their constituent elements 
 and point out the fundamental legal principles upon 
 
 iii 
 
 67071 8
 
 IV PREFACE. 
 
 which these laws must be founded under our constitu 
 tional limitations and finally to give a complete account 
 of the schemes of procedure and administration em- 
 ployed in the practical operation of these laws in our 
 country. If permanency is to be assured legal principles 
 must be based upon sound economic conclusions. 
 
 It is both a duty and a pleasure to acknowledge the 
 indebtedness of the author to the various officials and 
 boards charged with the administration of the law in 
 the various states and the officials of the Department of 
 Commerce and Labor, for many courtesies and substan- 
 tial help in the preparation of this work. These services 
 have been freely rendered and have largely consisted 
 in the careful and painstaking reading of the proof of 
 the chapters relating to their respective jurisdictions, in 
 the tender of the useful sets of forms with which these 
 chapters are enriched, and many valuable suggestions 
 as to the presentation of the subject-matter of the work. 
 
 The author likewise acknowledges his indebtedness 
 to the Department of Commerce and Labor for the use 
 he has been able to make of the material assembled by 
 the department in its fourth special report written and 
 edited by the scholarly John Graham Brooks. He is 
 under similar obligations to R. J. Gary for his Brief on 
 the Power of Congress in Respect to Industrial Insur- 
 ance, and to the writings of Charles R. Henderson on 
 Industrial Insurance. 
 
 Space will not permit the citation of a complete bibli- 
 ography of sources of information. Aside from the foot- 
 notes a fairly comprehensive bibliography will be found 
 in the 24th Annual Report of the Department of Com- 
 merce and Labor and in Frankel and Dawson's book 
 on Industrial Insurance in Europe. 
 
 The subject of Workmen's Compensation and In- 
 surance has largely engrossed the attention of the author 
 for some twenty years, during which time he has spent
 
 PREFACE. V 
 
 two years in Europe where he first familiarized him- 
 self with the practical operation of the systems in the 
 countries of their origin. He submits the results of these 
 years of study and labor to students of modern industrial 
 economics and to the bar of this country, which is large- 
 ly charged with the administration and interpretation 
 of the laws, confident that these pages have vindicated 
 the enactment of these laws, that their scope is better 
 understood and that an adequate administrative pro- 
 cedure in the light of the present state of the subject 
 has been developed. 
 
 JAMES HARRINGTON BOYD. 
 Toledo, December 2, 1912.
 
 TABLE OF CONTENTS 
 
 VOLUME ONE. 
 
 CHAPTER I. 
 
 DISTINCTIONS BETWEEN THE COMMON LAW, EMPLOYER'S 
 LIABILITY LAWS, WORKMEN'S INDUSTRIAL INSURANCE 
 LAWS, AND WORKMEN'S COMPENSATION LAWS AS REM- 
 EDIES FOR COMPENSATING WORKMEN INJURED IN THE 
 DUE COURSE OF THEIR EMPLOYMENT. 
 
 Sec. 
 
 1. The common-law system of 
 
 employer's liability prior 
 to the employer's liability 
 and workmen's compensa- 
 tion and insurance laws. 
 
 2. The system of employer's 
 
 liability prior to the work- 
 men's insurance and com- 
 pensation acts. 
 
 Sec. 
 
 3. The distinguishing charac- 
 
 teristics of employer's lia- 
 bility laws. 
 
 4. The modern conception of 
 
 the employer's liability. 
 
 6. The distinguishing charac- 
 teristics of workmen's com- 
 pensation acts. 
 
 6. The distinguishing charac- 
 teristics of workmen's in- 
 dustrial insurance laws. 
 
 CHAPTER II. 
 
 HISTORICAL SKETCH OF DEVELOPMENT OF WORKMEN'S 
 INDUSTRIAL INSURANCE AND WORKMEN'S COMPENSA- 
 TION LAWS IN THE UNITED STATES. 
 
 Sec. 
 
 7. Inception of movement for 
 
 these laws. 
 
 8. Previous investigation of 
 
 the problem. 
 
 9. The Chicago conference of 
 
 employer's liability and 
 workmen's compensation 
 commissions. 
 10. Subjects discussed. 
 
 Sec. 
 
 11. Conclusions of the Chicago 
 
 conference. 
 
 12. The work of the State com- 
 
 missions. 
 
 13. Executive recommendations. 
 
 14. The Federal employer's lia- 
 
 bility and workmen's com- 
 pensation commission. 
 
 Vll
 
 Vlll TABLE OF CONTENTS 
 
 CHAPTER III. 
 
 BRIEF HISTORICAL REVIEW OF THE GERMAN PLAN OF 
 INSURANCE OF WORKMEN AGAINST ACCIDENTS, THE 
 BRITISH COMPENSATION ACT, AND THE OPERATION OF 
 THE SYSTEMS OF EMPLOYERS' LIABILITY IN GREAT 
 BRITAIN AND THE UNITED STATES. 
 
 Sec. Sec. 
 
 15. Chronological development 18. British compensation legisla- 
 
 of the subject. tion. 
 
 16. The insurance message of 19. Some characteristics of Ger- 
 
 Emperor William I. man insurance legislation. 
 
 17. German industrial insurance 
 
 acts. 
 
 CHAPTER IV. 
 
 THE ORIGIN AND DEVELOPMENT OF COMPULSORY INDUS- 
 TRIAL INSURANCE FOR WORKMEN IN THE GERMAN 
 STATES-SICK INSURANCE, ACCIDENT INSURANCE, AND 
 INVALIDITY AND OLD-AGE PENSIONS. 
 
 Sec. Sec. 
 
 20. Conditions in Germany 27. Basis of compulsory insur- 
 
 which induced considera- ance. 
 
 tion of the subject. 28. German system described. 
 
 21. Influence of Fichte and 29. The relation of the German 
 
 Hegel. industrial insurance law to 
 
 22. Views of Sismondi. Socialism. 
 
 23. Views of Winkelblech. 30. Development of the insur- 
 
 24. Views of Schaeffle, father of ance idea from the early 
 
 compulsory state insur- guilds. 
 
 ance. 31. Miners' societies (Knapp- 
 
 25. Views of Wagner. schaf tskassen) . 
 
 26. State insurance a matter of 32. Ethical basis of system. 
 
 German origin. 
 
 CHAPTER V. 
 
 THE ECONOMIC BASIS OF COMPULSORY INDUSTRIAL INSUR- 
 ANCE AND COMPENSATION LAWS FOR INJURED WORK- 
 MEN. 
 
 Sec. Sec. 
 
 33. Statement of problem from 35. Statistical experience under 
 
 the economic standpoint. compulsory state insurance 
 
 34. Statistical studies exhibiting in Germany. 
 
 effects of old and new sys- 
 tems of compensation.
 
 TABLE OF CONTENTS. 
 
 IX 
 
 Sec. 
 
 36. The question of fault and 
 
 prevention of accidents 
 compensation German sta- 
 tistics. 
 
 37. Experience in New York. 
 
 38. The Pittsburgh survey. 
 
 39. The Wisconsin bureau of 
 
 statistics. 
 
 40. The report of the Illinois 
 
 commission. 
 
 41. Ohio statistics. 
 
 42. Average amount received in 
 
 settlement in Ohio under 
 old system. 
 
 43. Attorney fees under old sys- 
 
 tem in Ohio. 
 
 44. Social and economic results 
 
 of accidents. 
 
 45. Liability insurance statistics 
 
 in Ohio. 
 
 Sec. 
 
 46. German statistics ana- 
 
 lyzed. 
 
 47. Classification of causes of 
 
 accidents in Germany. 
 
 48. Miscellaneous data. 
 
 49. Statistical results of the per 
 
 cent, of workingmen who 
 receive compensation un- 
 der the common law and 
 liability laws. 
 
 50. Fundamental economic con- 
 
 clusions. 
 
 51. Remedies proposed German 
 
 and English plans. 
 
 52. Specific provision against 
 
 the economic insecurity of 
 workingmen in the United 
 States. 
 
 53. Argument for joint contribu- 
 
 tion by employer and em- 
 ploye". 
 
 CHAPTER VI. 
 
 THE NEW YORK WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 54. New York law first con- 
 
 strued. 
 
 55. Nature and scope of the 
 
 New York act. 
 
 56. Text of the New York stat- 
 
 ute Labor Law art. 14a. 
 
 57. Construction of the law by 
 
 the court of appeals. 
 
 Sec. 
 
 58. Argument for constitution- 
 
 ality of act. 
 
 59. Reasons for upholding view 
 
 of court. 
 
 59a. New York General Liability. 
 Law with compensation 
 features. 
 
 CHAPTER VII. 
 
 THE MONTANA WORKMEN'S INSURANCE ACT. 
 
 Sec. 
 
 60. Its nature and construction 
 by the Supreme Court. 
 
 61. Questions presented to the 
 court. 
 
 Sec. 
 
 62. The constitutionality of the 
 act. 
 
 63. The effect of the decision. 
 
 64. Text of the Montana Insur- 
 ance Act.
 
 TABLE OF CONTENTS. 
 
 CHAPTER VIII. 
 
 AN ANALYSIS OF THE PRINCIPLES OF THE LEGAL BASIS 
 OF COMPULSORY INSURANCE AND COMPENSATION LAWS. 
 
 Sec. Sec 
 
 65. Introductory. 83. 
 
 66. The nature and remedial pro- 
 
 visions of insurance laws. 
 
 67. Nature of the obligation im- 
 
 posed. 84. 
 
 68. Nature of the obligation im- 85. 
 
 posed German view. 
 
 69. The relationship between em- 
 
 ployer and employe under 86. 
 common-law and liability 
 acts. 87. 
 
 70. The relationship between em- 
 
 ployer and employe under 88. 
 insurance and compensa- 
 tion acts. 89. 
 
 71. Validity as to employer 
 
 Deprivation of defenses. 90. 
 
 72. Validity as to employe. 
 
 73. Validity as to employe- 
 
 Vested rights in remedies 91. 
 withdrawn. 
 
 74. Validity as to the State- 
 
 Public interest. 
 
 75. The problem of industrial in- 92. 
 
 surance. 
 
 76. Whether these laws infringe 
 
 constitutional limitations. 93. 
 
 77. Insurance acts sustainable 
 
 against constitutional ob- 
 jections under analogous 94. 
 decisions. 
 
 78. Analogous decisions Appli- 
 
 cation to insurance acts. 
 
 79. Analogous decisions Bank 
 
 depositors' guarantee acts. 95. 
 
 80. Analogous decisions Sheep- 
 
 dog fund cases. 
 
 81. Analogous decisions Whis- 96. 
 
 ky cure cases. 
 
 82. Analogous decisions Farm- 
 
 er's fund cases. 
 
 These laws an exercise of 
 taxing power Attributes 
 and limitations of taxing 
 power. 
 
 Subjects of taxation. 
 
 Similarity of attributes of 
 general taxation and emi- 
 nent domain. 
 
 Necessity that purpose of tax 
 be a public purpose. 
 
 The public purpose for which 
 taxes may be levied. 
 
 Public purpose determined 
 by Legislature. 
 
 Necessity of benefit as condi- 
 tion to right to tax. 
 
 Necessity of return of benefit 
 to one paying to special 
 fund. 
 
 Whether conditions of equal- 
 ity and uniformity are sat- 
 isfied in insurance and 
 compensation acts. 
 
 Whether contract clauses of 
 constitutions are violated 
 Uniform operation of laws. 
 
 Insurance and compensation 
 laws a proper exercise of 
 police powers. 
 
 Whether laws open to objec- 
 tion of lack of uniformity 
 of operation and equality 
 of protection Classifica- 
 tion. 
 
 Legislature in its enactments 
 limited only by State Fed- 
 eral constitutions. 
 
 Nature of administration of 
 compensation acts.
 
 TABLE OF CONTENTS. 
 
 XI 
 
 Sec. 
 
 97. Nature of administration of 
 compensation acts wheth- 
 er executive or judicial 
 Due process. 
 
 Sec. 
 
 98. Deprivation of right to trial 
 
 by jury. 
 
 99. Whether act may be optional. 
 
 CHAPTER IX. 
 
 SUMMARY OF FOREIGN COMPENSATION LAWS. 
 
 Sec. 
 
 100. Outline of foreign work- 
 
 men's compensation laws. 
 
 101. Austrian schedule. 
 
 102. Belgian schedule. 
 
 103. British Columbia schedule. 
 
 104. Cape of Good Hope sched- 
 
 ule. 
 
 105. Denmark schedule. 
 
 106. Finland schedule. 
 
 107. French schedule. 
 
 108. German schedule of com- 
 
 pensation and scope of act. 
 
 109. Great Britain schedule. 
 
 110. Greek schedule of compen- 
 
 sation and scope of act. 
 
 111. Hungarian schedule. 
 
 112. Italian schedule. 
 
 Sec. 
 
 113. Luxenburg schedule. 
 
 114. Netherlands schedule. 
 
 115. New Zealand schedule. 
 
 116. Norwegian schedule of 
 
 compensation and scope of 
 act. 
 
 117. Queensland schedule of 
 
 compensation and scope 
 of act. 
 
 118. Russian schedule. 
 
 119. South Australian schedule. 
 
 120. Swedish schedule. 
 
 121. Spanish schedule. 
 
 122. West Australia schedule of 
 
 compensation and scope of 
 act 
 
 CHAPTER X. 
 
 THE WASHINGTON WORKMEN'S INSURANCE ACT. 
 
 Sec. 
 
 123. The nature and scope of 
 
 the Washington industrial 
 insurance act. 
 
 124. The workmen's insurance 
 
 act with its construction 
 by the board. 
 
 125. Proposed amendment. 
 
 126. Constitutionality of the act. 
 
 127. Opinion of the court. 
 
 128. Rules and directions. 
 
 129. Rules and directions for 
 
 employers. 
 
 130. Rules and directions for 
 
 workmen. 
 
 Sec. 
 
 131. Form of general directions 
 
 to employe's to be posted 
 on all floors of plant. 
 
 132. Formal procedure List of 
 
 forms. 
 
 133. Form of report of actual 
 
 payroll, (a) 
 
 134. Form of contractor's state- 
 
 ment of wages, (b) 
 
 135. Form of monthly statement 
 
 of city, (c) 
 
 136. Form of notice of assess- 
 
 ment, (d)
 
 XI 1 
 
 TABLE OF CONTENTS. 
 
 Sec. Sec. 
 
 137. Form of elective adoption 154. 
 
 of the provisions of act. 
 (e) 
 
 138. Form of demand for first 
 
 quarterly payment re- 155. 
 quired by act. (f) 
 
 139. Form of monthly statement. 156. 
 
 (g) 
 
 140. Alphabetical list of indus- 
 
 tries with rates and classi- 
 fication, (h) 
 
 141. Form of instructions to cit- 
 
 ies, counties, school, port, 157. 
 waterway, drainage, or 
 other municipal corpora- 
 tion, (i) 
 
 142. Form of letter of instruc- 158. 
 
 tions to the employers and 
 employes, (j) 
 
 143. Form of employer's report 159. 
 
 of accident to employe with 
 chart, (k) 
 
 144. Workmen's claim for com- 160. 
 
 pensation. (1) 
 
 145. Form of instructions to in- 
 
 jured workman. (1) 161. 
 
 146. Form of report of attending 
 
 physician with charts, (m) 162. 
 
 147. Form of surgical discharge 
 
 report, (n) 
 
 148. Form of report of witnesses. 
 
 (o) 
 
 149. Surgeon's special report 163. 
 
 with charts, (p) 
 
 150. Form of proof of death by 
 
 physician, (q) 
 
 151. Form of proof of death by 164. 
 
 undertaker, (r) 
 
 152. Form of dependent's claim 165. 
 
 for compensation, (s) 
 
 153. Affidavit to foregoing form. 166. 
 
 Form of affidavit of claim- 
 ant for compensation 
 Survivors of deceased 
 workmen, (t) 
 
 Form of summary and 
 award, (u) 
 
 Form of partial payment 
 voucher Permanent par- 
 tial disability Full pay- 
 ment Total temporary 
 disability Partial pay- 
 ment, (v) 
 
 Form of partial payment 
 voucher Total temporary 
 disability Monthly al- 
 lowance, (vv) 
 
 Form of pension voucher 
 Permanent total disabil- 
 ity, (w) 
 
 Form of pension voucher 
 Survivors of deceased 
 workman, (ww) 
 
 Form of burial expense 
 voucher Account of de- 
 ceased workman, (x) 
 
 Form of final settlement 
 voucher, (y) 
 
 Form of election to receive 
 compensation and assign- 
 ment of claim Injuries 
 by defaulting employer. 
 (z) 
 
 Election to receive com- 
 pensation and assignment 
 of claim Injury by other 
 than employer, (zz) 
 
 Statistical reports on the 
 operation of the act. 
 
 Review of the first eight 
 months' operation of act. 
 
 Official state safety bulle- 
 tin.
 
 TABLE OF CONTENTS. 
 
 Xlll 
 
 CHAPTER XL 
 
 THE OHIO WORKMEN'S INSURANCE ACT. 
 
 Sec. Sec. 
 
 167. The nature of the Ohio 184. 
 
 Workmen's Insurance act. 
 
 168. Ohio act an insurance act. 185. 
 
 169. Ohio act an indirectly com- 
 
 pulsory act. 
 
 170. Employer's liability under 
 
 the act. 
 
 171. The statute and its inter- 186. 
 
 pretation by the board and 
 the attorney-general. 
 
 172. The decision of the Su- 
 
 preme Court of Ohio sus- 
 taining the law. 187. 
 
 173. Workshop and factory in- 
 
 spection and regulation 188. 
 act. 
 
 174. Rules of procedure before 189. 
 
 the state liability board of 
 awards. 190. 
 
 175. Procedure as to employers. 
 
 176. Forms of applications and 191. 
 
 notices to be used by em- 
 ployers covered by the 
 act. 
 
 177. Form of application for 
 
 classification of industry 192. 
 and for premium. 
 
 178. Form of supplementary re- 
 
 port Accident experience. 
 
 179. Form of notice of employer 
 
 to employe's. 193. 
 
 180. A comparison of premium 
 
 rates under the Ohio law 194. 
 with liability insurance 
 rates under compensation 195. 
 laws. 
 
 181. Procedure as to injured em- 196. 
 
 ploye"s. 
 
 182. Form of procedure on no- 197. 
 
 tices in general. 
 
 183. Form of first notice of in- 198. 
 
 Jury, (a) 
 
 Form of first notice of 
 death, (b) 
 
 Formal procedure for pro- 
 curing medical, nurse, and 
 hospital services and med- 
 icines, without compensa- 
 tion. 
 
 Form of application for 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with- 
 out compensation, (a) 
 
 Form of physician's fee 
 bill, (b) 
 
 Form of druggist's cost 
 bill, (c) 
 
 Form of employer's certifi- 
 cate and oath, (d) 
 
 Form of certificate and 
 oath of lay witness, (e) 
 
 Formal procedure to obtain 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with 
 compensation. 
 
 Form of application for 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with 
 compensation, (a) 
 
 Form of employer's certifi- 
 cate and oath, (b) 
 
 Form of physician's fee 
 bill, (c) 
 
 Form of druggist's cost 
 bill, (d) 
 
 Form of medical fee bill 
 and hospital charges, (e) 
 
 Form of certificate and 
 oath of lay witness, (f) 
 
 Formal procedure to obtain 
 compensation in case of 
 permanent total disability.
 
 XIV 
 
 TABLE OF CONTENTS. 
 
 Sec. 
 199. 
 
 200. 
 201. 
 202. 
 203. 
 204. 
 205. 
 
 206. 
 
 207. 
 208. 
 
 209. 
 210. 
 211. 
 
 Sec. 
 
 Form of application for 212. 
 money to pay for medical, 
 nurse and hospital serv- 213. 
 ices and medicines, with 
 compensation, (a) 214. 
 
 Form of employer's certifi- 
 cate and oath, (b) 215. 
 
 Form of physician's fee 
 bill, (c) 
 
 Form of druggist's cost 
 bill, (d) 
 
 Form of medical fee bill 216. 
 and hospital charges, (e) 
 
 Form of certificate and oath 
 of lay witness, (f) 
 
 Forms to obtain money to 
 pay for medical, hospital 217. 
 and funeral expenses on- 
 ly. 218. 
 
 Form of application for 
 money paid for medical, 
 nurse and hospital serv- 219. 
 ices and medicines and 
 for funeral expenses, with- 
 out award, (a) 220. 
 
 Form of undertaker's certi- 
 ficate of death and cost 221. 
 bill, (b) 
 
 Form of lay witness's cer- 222. 
 tificate in proof of death, 
 (c) 223. 
 
 Form of physician's certifi- 
 cate in proof of death, (d) 224. 
 
 Form of employer's certifi- 
 cate and oath, (e) 225. 
 
 Form of physician's fee 
 bill, (f) 
 
 Form of druggist's cost 
 bill, (g) 
 
 Form of medical fee bill 
 and hospital charges, (h) 
 
 Form of certificate and oath 
 of lay witness, (i) 
 
 Form of procedure to ob- 
 tain compensation and 
 money to pay for medi- 
 cal, hospital and funeral 
 expenses. 
 
 Form of application for 
 money paid for medical, 
 nurse and hospital serv- 
 ices and medicines and for 
 funeral expenses, (a) 
 
 Form of proof of depend- 
 ents, (b) 
 
 Form of undertaker's certi- 
 ficate of death and cost 
 bill, (c) 
 
 Form of lay witness's cer- 
 tificate in proof of death, 
 (d) 
 
 Form of physician's certifi- 
 cate in proof of death, (e) 
 
 Form of employer's certifi- 
 cate and oath, (f) 
 
 Form of physician's fee 
 bill, (g) 
 
 Form of druggist's cost 
 bill, (h) 
 
 Form of medical fee bill and 
 hospital charges, (i) 
 
 Form of certificate and 
 oath of lay witness, (j) 
 
 CHAPTER XII. 
 
 THE WISCONSIN WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 226. Nature and scope of Wis- 
 
 consin act. 
 
 227. Text of Wisconsin work- 
 
 men's compensation act 
 with construction of its 
 provisions. 
 
 Sec. 
 
 228. The opinion of the Supreme 
 Court of Wisconsin sus- 
 taining constitutionality 
 of act.
 
 TABLE OF CONTENTS. 
 
 XV 
 
 Sec. Sec. 
 
 229. Decisions of commission 
 
 Construction of word "em- 
 ployment." 
 
 230. Decisions of commission 241. 
 
 Powers of commission 
 Review of awards Con- 
 struction of word "em- 
 ployment." 242. 
 
 231. Decisions of commission 
 
 Construction of "wilful 243. 
 misconduct." 
 
 232. Decisions of commission 244, 
 
 Construction of word 
 "support." 245. 
 
 233. Decisions of commission 
 
 Construction of "casual 
 employment" and time of 
 serving "notice." 246. 
 
 234. Decisions of commission 
 
 Meaning of "support" "de- 
 pendents." 
 
 235. Procedure under the act 247. 
 
 Rules of practice. 
 
 236. Circular 1 letter to employ- 
 
 ers by the commission in 248. 
 explanation of its rules of 
 practice. 249. 
 
 237. Formal procedure under 
 
 Wisconsin act. 250. 
 
 238. Form of employer's written 
 
 acceptance, (a) 251. 
 
 239. Form of employer's notice 252. 
 
 of withdrawal from oper- 
 ation of act. (b) 253. 
 
 240. Form of notice that em- 
 
 ployer has filed notice of 
 
 election to become sub- 
 ject to provisions of act. 
 (c) 
 
 Form of notice by employ- 
 er to the commission of 
 compliance with the law. 
 (d) 
 
 Form of first report of ac- 
 cident, (e) 
 
 Form of supplementary re- 
 ports on accident, (f) 
 
 Form of answer to appli- 
 cation, (g) 
 
 Form of notice by employe 
 that he elects to be sub- 
 ject to provisions of act. 
 (h) 
 
 Form of notice of employe" 
 upon entering employ- 
 ment that he elects not to 
 be subject to act. (i) 
 
 Form of notice to employer 
 of claim for injury under 
 act.(j) 
 
 Form of application for ad- 
 justment of claim, (k) 
 
 Form of accident report of 
 casualty company. (1) 
 
 Form of notice of hearing, 
 (m) 
 
 Form of subpoena, (n) 
 
 Form of admission of serv- 
 ice, (o) 
 
 Form of notice of the entry 
 of findings and award 
 made by commission, (p) 
 
 CHAPTER XIII. 
 
 NEW JERSEY COMPENSATION ACT. 
 
 Sec. 
 
 254. Nature and scope of act. 
 
 255. Text of New Jersey work- 
 
 men's compensation act. 
 
 256. Text of supplementary act 
 
 saving existing contracts. 
 
 Sec. 
 
 257. Text of act creating the 
 employer's liability com- 
 mission.
 
 TABLE OF CONTENTS. 
 
 Sec. 
 
 258. Text of act requiring re- 
 
 ports of industrial acci- 
 dents to be made to the 
 Department of Labor. 
 
 259. Construction of act and 
 
 procedure thereunder. 
 
 Sec. 
 
 260. Form of accident blank for 
 
 report by employer. 
 
 261. Form of report by insur- 
 
 ance company to commis- 
 sioner of Labor on acci- 
 dent and compensation 
 paid. 
 
 CHAPTER XIV. 
 
 THE CALIFORNIA WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 262. The nature and scope of 275. 
 
 the act. 
 
 263. The California act and its 
 
 construction by the board. 276. 
 
 264. Reports of industrial acci- 
 
 dents. 277. 
 
 265. Rules of practice of the in- 
 
 dustrial accident board of 
 California. 278. 
 
 266. Th formal procedure un- 
 
 der the act. 
 
 267. Forms to be used by em- 279. 
 
 ployers. 
 
 268. Form of employer's writ- 
 
 ten acceptance of the pro- 
 visions of the act. (a) 280. 
 
 269. Form of employer's with- 
 
 drawal of acceptance of 281. 
 provisions of the act. (b) 
 
 270. Form of notice that em- 
 
 ployer has accepted the 282. 
 
 compensation provisions 
 
 of the act. (c) 283. 
 
 271. Form of employer's first 
 
 report of accident to em- 284. 
 ploy 6. (d) 
 
 272. Form of employer's supple- 285. 
 
 mental report of accident 
 
 to employe, (e) 286. 
 
 273. Forms for employe's. 
 
 274. Form of notice by employe 
 
 of election not to be sub- 287. 
 ject to the provisions of 
 the act. (f) 
 
 Form of notice to employer 
 of claim for compensation 
 for injury under act. (g) 
 
 Forms for hearings before 
 board. 
 
 Form of notice of filing of 
 application for adjust- 
 ment of claim, (h) 
 
 Form of notice of hearing 
 of application for adjust- 
 ment of claim, (i) 
 
 Form of subpoena for wit- 
 ness to appear before in- 
 dustrial accident board, 
 (j) 
 
 Forms to be used by physi- 
 cians. 
 
 Form of physician's report 
 of accident to employe, 
 (k) 
 
 Form of request for report 
 of accident. (1) 
 
 Form of request for fuller 
 report of accident, (m) 
 
 Form of notice to doctor to 
 file report, (n) 
 
 Forms to be used by casual- 
 ty companies. 
 
 Form of first accident re- 
 port of casualty company, 
 (o) 
 
 Form of supplemental ac- 
 cident report of casualty 
 company, (p)
 
 TABLE OF CONTENTS. 
 
 XV11 
 
 CHAPTER XV. 
 
 THE NEVADA WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 288. Nature and scope of the 
 
 act. 
 
 289. Procedure Boards of ar- 
 bitration. 
 
 Sec. 
 290. 
 
 Text of the Nevada Work- 
 men's compensation law. 
 
 CHAPTER XVI. 
 
 THE KANSAS WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 291. Nature and scope of the 
 act. 
 
 292. Text of the Kansas com- 
 
 pensation act. 
 
 Sec. 
 
 293. Formal procedure under 
 
 the act. 
 
 294. Form of election of em- 
 
 ployer to come within the 
 provisions of the act. 
 
 CHAPTER XVII. 
 
 THE NEW HAMPSHIRE WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 295. The nature and scope of 
 
 the act. 
 
 296. Text of the New Hampshire 
 
 compensation act. 
 
 297. Administration of the New 
 
 Hampshire workmen's 
 compensation act. 
 
 298. Formal procedure List of 
 
 forms. 
 
 Sec. 
 
 299. Form of declaration of em- 
 
 ployer, (a) 
 
 300. Form of report of indus- 
 
 trial accident to bureau of 
 labor, (b) 
 
 301. Form of supplemental re- 
 
 port of industrial accident 
 to bureau of labor, (c) 
 
 CHAPTER XVIII. 
 
 THE MASSACHUSETTS WORKMEN'S COMPENSATION ACT. 
 
 Sec. 
 
 302. Nature and scope of the 
 Massachusetts workmen's 
 compensation act. 
 
 803. Text of the Massachusetts 
 compensation act. 
 
 304. Text of an act to authorize 
 certain mutual insurance 
 companies to transact the 
 business of employers' 
 
 Sec. 
 
 liability insurance, so- 
 called. 
 
 305. Text of an act relative to 
 the insurance of com- 
 pensation to employfis for 
 personal injuries received 
 in the course of their em- 
 ployment.
 
 XV111 
 
 TABLE OF CONTENTS. 
 
 Sec. 
 
 306. Text of an act to authorize 
 
 certain advances from the 
 treasury of the common- 
 wealth to the Massachu- 
 setts employe's' insur- 
 ance association. 
 
 307. Opinion of the supreme ju- 
 
 dicial court sustaining 
 constitutionality of com- 
 pensation act. 
 
 308. Rules of Industrial Acci- 
 
 dent Board. 
 
 309. Formal procedure List of 
 
 forms. 
 
 310. Form of notice to em- 
 
 ploye's, (a) 
 
 311. Form of notice of claim of 
 
 common-law rights, (b) 
 
 312. Form of notice of waiver 
 
 or rights under common 
 law previously claimed. 
 (O 
 
 313. Form of agreement for re- 
 
 deeming liability by pay- 
 ment of lump sum. (d) 
 
 314. Form of notice that an em- 
 
 ployer has ceased to be a 
 subscriber, (e) 
 
 315. Form of notice to industrial 
 
 accident board that an in- 
 
 Sec. 
 
 jured employ^ has refused 
 to submit himself to an 
 examination, (f) 
 
 316. Form of notice to employe" 
 
 from industrial accident 
 board relative to his re- 
 fusal to submit himself to 
 an examination, (g) 
 
 317. Form of agreement in re- 
 
 gard to compensation. 
 (h) 
 
 318. Form of claim for com- 
 
 pensation for injury, (i) 
 
 319. Form of notice of injury. 
 
 (j) 
 
 320. Form of report of commit- 
 
 tee on arbitration, (k) 
 
 321. Form of application for re- 
 
 view of claim before full 
 board. (1) 
 
 322. Form of notice assessing 
 
 cost of proceedings before 
 arbitration committee up- 
 on party prosecuting or 
 defending same without 
 reasonable grounds, (m) 
 
 323. Form of receipt on account 
 
 of compensation, (n) 
 
 324. Form of settlement re- 
 
 ceipt, (o)
 
 THE LAW 
 
 OF 
 
 COMPENSATION AND INSURANCE 
 
 FOR 
 
 INJURIES TO WORKMEN 
 
 CHAPTER I. 
 
 DISTINCTIONS BETWEEN THE COMMON LAW, EMPLOYER^ 
 LIABILITY LAWS, WORKMEN^ INDUSTRIAL INSURANCE 
 LAWS, AND WORKMEN'S COMPENSATION LAWS AS REME- 
 DIES FOR COMPENSATING WORKMEN INJURED IN THE DUE 
 COURSE OF THEIR EMPLOYMENT. 
 
 Sec. Sec. 
 
 1. The common law system of 3. The distinguishing character- 
 
 employer's liability prior to istics of employer's liability 
 
 the employer's liability and laws. 
 
 workmen's compensation and 4. The modern conception of the 
 
 insurance laws. employer's liability. 
 
 2. The system of employer's lia- 5. The distinguishing character- 
 
 bility prior to the workmen's istics of workmen's compen- 
 
 insurance and compensation sation acts. 
 
 acts. 6. The distinguishing character- 
 
 istics of workmen's indus- 
 trial insurance laws. 
 
 1. The common law system of employer's lia- 
 bility, prior to the liability, and compensation and in- 
 surance laws. Today, at common law, the employer's 
 duty to his employe is to use ordinary and reasonable 
 care for the safety of his employe while he is performing 
 his work. That duty includes : 
 
 (a) The duty to provide a reasonably safe place to 
 work.
 
 I WORKMEN S COMPENSATION AND INSURANCE. 2 
 
 (b) The duty to provide reasonably safe tools and 
 
 appliances. 
 
 (c) The duty of being reasonably careful in hiring 
 
 agents and servants fit for work they are to do. 
 
 (d) The duty of providing suitable and reasonable 
 
 rules for carrying on the work. 
 
 (e) The duty to warn and instruct youthful and inex- 
 
 perienced servants as to the dangers of the em- 
 ployment. 
 
 If a workman be injured by reason of the failure of these 
 duties he may recover from his employer full compensation 
 for his injuries, the amount of damages to be determined by 
 a jury in the usual legal proceedings. Such a right of action 
 is based upon the negligence or fault of the employer. This 
 is the fundamental principle of the present common-law 
 system brought down from the common law of England 
 and which no statute of States or the Federal Govern- 
 ment had changed up to the time of the enactment of 
 compensation acts. 
 
 The employer has, however, certain defenses to any ac- 
 tion brought at common law, as it now exists, by an 
 employe who has been injured in the due course of his 
 employment, and which constitute a special body of so- 
 called judge made law. 
 
 (1) THE DEFENSE OF CONTRIBUTORY NEGLIGENCE. 
 
 Contributory negligence is the negligence of a servant 
 which is a contributing and proximate cause of his injury, 
 and the burden is generally upon the employe in any 
 action for compensation for injuries received to prove 
 not only the negligence of the employer, but that he 
 himself was exercising ordinary care and was free from 
 negligence, directly contributing to the injury. 1 
 
 ir The reasons for this rule are thus stated by Judge Thompson: 
 "The rule that contributory negligence bars a recovery is said 
 to be founded on (1) the mutuality of the wrong; (2) the impolicy
 
 3 DISTINCTIONS BETWEEN SYSTEMS. I 
 
 The employe injured by his employer's neglect is 
 therefore placed in the same position as a stranger so 
 injured. 
 
 (2) THE FELLOW SERVANT RULE. 
 
 The fellow servant rule, as announced in the earlier deci- 
 sions of our Supreme Courts, precludes the recovery by 
 one servant for any injury occasioned by the negligence 
 of another engaged in the same general business, if 
 there had been ordinary care and diligence observed by 
 the master in the selection of servants. 2 
 
 This fellow servant rule is a special rule which applies 
 only to the status of employment and has its origin in a 
 decision by Lord Abinger in the Court of Exchequer in 1837, 
 in the case of Priestly v. Fowler (3 M. & W. 1), and 
 finally settled in England by the House of Lords in 
 1858 in Barstonhill Coal Co. v. Reid (3 Macq. House 
 of Lords Cases, 266). It was followed in all of the 
 states of the union up to the time of the enactment of 
 employers' liability laws. 8 
 
 The Priestly case, decided by Lord Abinger, was not a 
 case of injury in a hazardous employment such as a factory 
 or a railroad, but a simple case where a butcher's helper was 
 injured by a wagon driver hired by the same employer. The 
 judge regarded it a hardship to hold the butcher liable for 
 the injury which had no real relation to any fault of the 
 butcher, because the helper could have guarded against the 
 injury as well as the butcher. This hardship appealed to 
 Lord Abinger and he decided in favor of the butcher. 
 
 Lord Abinger's opinion reads as follows: "It is ad- 
 
 of allowing a party to recover for his own wrong; (3) the policy 
 of making personal Interests of parties depend on their own pru- 
 dence and care." 1 Thomp. Neg. (2d ed.), 168. 
 
 2 Columbus, C. & I. C. R. Co. v. Troesch, 68 III. 545. 
 
 3 See also the case of Murray v. South Carolina Ry. Co., McMul- 
 lan's Law, (S. Car.) 385, where the question was raised in South. 
 Carolina in 1837 and decided against the employe".
 
 I WORKMEN'S COMPENSATION AND INSURANCE. 4 
 
 mitted that there is no precedent for the present action by a 
 servant against a master. We are, therefore, to decide the 
 question upon general principles, and in doing so we are at 
 liberty to look at the consequences of a decision the one way 
 or the other. 
 
 "If the master be liable to the servant in this action the 
 principle of that liability will be found to carry up to an 
 alarming extent. He who is responsible by his general 
 duty, or by the terms of his contract for all the consequences 
 of negligence in a matter in which he is the principal, is re- 
 sponsible for the negligence of all his inferior agents. If 
 the owner of the carriage is therefore responsible for the 
 sufficiency of his carriage to his servant, he is responsible for 
 the negligence of his coachmaker, or his harnessmaker or 
 his coachman. The footman, therefore, who rides behind 
 the carriage, may have an action against his master for a 
 defect in the carriage, owing to the negligence of the coach- 
 maker or for a defect in the harness, arising from negli- 
 gence of the harnessmaker, or for drunkenness, neglect 
 or want of skill in the coachman; nor is there any reason 
 why that principle should not, if applicable in this class of 
 events, extend to many others. The master, for example, 
 would be liable to the servant for the negligence of the 
 chambermaid, for putting him into a damp bed ; for that of 
 the upholsterer for sending him a crazy bedstead; whereby 
 he was made to fall down while asleep and injured himself; 
 for the negligence of the cook in not properly cleaning the 
 copper vessels used in the kitchen; of the butcher, in sup- 
 plying the family with meat of a quality injurious to the 
 health; of a builder for a defect in the foundation of the 
 house, whereby it fell and injured both the master and the 
 servant by the ruins. 
 
 "The inconvenience, not to say the absurdity, of these 
 consequences affords sufficient argument against the ap- 
 plication of this principle to the present case. But, in 
 truth, the mere relation of the master and the servant
 
 5 DISTINCTION BETWEEN SYSTEMS. 2 
 
 never can imply an obligation on the part of the master 
 to take more care of the servant than he may reason- 
 ably be expected to do of himself. He is no doubt 
 bound to provide for the safety of his servant, in the 
 course of his employment, to the best of his judgment, 
 information and belief. The servant is not bound to 
 risk his safety in the service of his master, and may, if 
 he thinks fit, decline any service in which he reasonably 
 apprehends injury to himself; and in most of the cases 
 in which danger may be incurred, if not all, he is just as 
 likely to be acquainted with the probability and extent 
 of it as the master." 4 
 
 3. THE DEFENSE OF ASSUMPTION OF RISK. 
 
 The so-called "assumption of risk rule" is closely related 
 to the fellow servant rule, the former rule really embracing 
 the latter. Under this principle every risk which an 
 employment involves after a master has done every- 
 thing that he is bound to do for the purpose of securing 
 the safety of his servants (including the employment 
 of other servants) is assumed, as a matter of law, by 
 each of those servants. The risks which are thus con- 
 > sidered to have been assumed, are those which are com- 
 monly described as "ordinary." It is the settled doc- 
 trine of the law that the servant may reasonably be 
 presumed to foresee that he will be exposed to the ordi- 
 nary risks of the business in which he engages, although 
 it may involve unusual or extraordinary hazards. 
 
 The courts are wont to say that there is an "assump- 
 tion of the risk," or an "implied contract," however, in 
 the average case and that is merely a formula of words 
 which the rule of the law happens to take. Even in 
 dangerous employments there is usually no contract be- 
 tween the employer and the workman concerning the 
 
 4 PrlestJey v. Fowler, 3 M. & W. 1.
 
 2 WORKMEN'S COMPENSATION AND INSURANCE. 6 
 
 risk. Hazard of an employment does not fix the price 
 of wages, they are fixed by competition. 
 
 The common law system of employers' liability has 
 been developed along the same lines in the United 
 States and Great Britain, during the period in which 
 modern manufacturing with its factory system was re- 
 placing hand labor. It has been well said that "the de- 
 velopment has been profoundly influenced by the belief 
 of the courts that the necessity of profit in industrial 
 enterprises demanded protection even at the expense 
 of damage to certain industries. " 4a 
 
 2. The system of employer's liability prior to the 
 insurance and compensation acts. The system of lia- 
 bility of employers in the States of the United States 
 and the United States, speaking generally, is founded 
 upon fault. That is, an employe who is injured while 
 employed can only recover damages from his employer 
 when the jury finds that the employer was negligent 
 and that his negligence caused the accident. Even 
 then the employe may not recover in case he was 
 negligent and his negligence contributed to the cause of 
 the injury, or the negligence of a fellow workman caused 
 the injury, or he assumed that risk while working. 
 
 For injury due to the inherent hazards of the em- 
 ployment and accidents due to an act of God or for 
 which the blame can not be fixed, the employer is not 
 liable. 
 
 These fundamental principles of the common law 
 were accepted and enforced by all the* courts of this 
 country until the enactment of Workmen's Insurance 
 and Compensation Laws by Montana, New York, Wash- 
 ington, Ohio, Wisconsin, Massachusetts, New Jersey, 
 
 * a See Report of the Employer's Liability Commission of Ohio, 
 Part I, p. XVIII.
 
 7 DISTINCTION BETWEEN SYSTEMS. 3 
 
 Illinois, Kansas, California, Michigan, Nevada, New 
 Hampshire, Rhode Island, Maryland, Arizona and the Fed- 
 eral Government. 
 
 Prior to the enactment of Workmen's Insurance and 
 Compensation Acts, the legal relation of the employer 
 and his employes in the States and the United States 
 were governed by the common law as modified by statu- 
 tory liability laws. 
 
 Although there have been enacted, chiefly during 
 the last ten years, Employer's Liability Laws by the 
 United States and many of the States, they have not 
 essentially changed the fundamental principles of the 
 common law in this respect. The legal relation of em- 
 ployer and employe at common law in both England and 
 United States prior to 1837 in no way differed from that 
 of a stranger and there were no special rules respecting 
 employers' liability. If A was injured on account of 
 B's neglect and not by his own fault, B was bound to 
 compensate A whether A was an employe or not. Since 
 1837 the Courts have* made special rules respecting the 
 liability for accidents in employment. The reason which 
 the courts have assigned for this special body of judge 
 made law is that they are exercising their duty in inter- 
 preting the contract of employment. It is to be noted 
 that this body of purely judge made law was in process 
 of making for about seventy years before compensation 
 acts 'of any kind were passed in the States of the United 
 States, or by the Federal government. 
 
 3. The distinguishing characteristics of employ- 
 er's liability laws. It should be noted, that for two 
 hundred and fifty years after the Magna Charta was 
 adopted, it was the law of England that one was 
 liable to those injured by his acts or by the 
 acts of persons or things for which he was responsible 
 whether the cause of the injury was attributable to the 
 fault of the defendant or not. The first suggestion that
 
 3 WORKMEN'S COMPENSATION AND INSURANCE. 8 
 
 freedom from fault might excuse in such a case was 
 made in 1466, but this rule did not become fully settled 
 in England until 1891. In America there were decisions 
 to this effect from 1820 and after, the most important 
 decisions having been made between 1830 and 1850. 5 
 
 In a later chapter on The Economic Basis of Work- 
 men's Insurance and Compensation Acts, 6 it is shown 
 that an injured workman does not on the old idea of 
 fault have a cause of action, in theory, against his em- 
 ployer, in to exceed eighteen per cent of all the cases, 
 taken collectively, and in practice this per cent falls be- 
 low twelve per cent. Impressed by this hardship upon 
 injured workmen and their dependents, congress and 
 the legislatures of some thirty of the States of the United 
 States have enacted, within the last ten years, a number 
 of employer's liability acts which have largely abrogated 
 the common law defenses, set out in the preceding sec- 
 tion. 
 
 The following States have by statute abrogated the 
 defense of fellow servant either by general statute or in 
 particular industries (usually railroads) : Arkansas, 
 Colorado, Florida, Georgia (since 1855), Iowa, Kansas, 
 Minnesota, Missouri, Montana, Nebraska, Nevada, 
 North Carolina, North Dakota, Oklahoma, South Da- 
 kota, Texas, Wisconsin. 6 * The Colorado statute is the 
 most striking example of this class since it completely 
 eliminates the defense of fellow servant in every em- 
 ployment. 7 
 
 5 See "The New York Workmen's Compensation Act Decision" 
 by Dean James Parker Hall, in The Journal of Political Economy, 
 Vol. XLV, No. 8, October, 1911, p. 698. 
 
 6 Chapter V. 
 
 6a The best available summary of the laws of the other states 
 appears in the Bulletin of the United States Bureau of Labor, No. 
 74 of January, 1908. 
 
 7 This statute has been upheld as constitutional in Vindicator, 
 Min. Co. v. Firstbrook, 36 Colo. 498.
 
 9 DISTINCTION BETWEEN SYSTEMS. 4 
 
 In the following States the defense of fellow servant 
 is modified without being abrogated: California, Missis- 
 sippi, Maryland, Ohio, Oregon, South Carolina, Utah,. 
 Virginia. 
 
 In some or all of the States named, modifications of 
 the common law have been adopted along the following 
 lines (by statutes or by decision as to the common law) : 
 
 (1) Adopting the doctrine of comparative negli- 
 gence which allows a recovery notwithstanding contribu- 
 tory negligence, provided it is less in degree than the 
 negligence of the master. 
 
 (2) Changing the burden of proof of contributory 
 negligence, from the plaintiff to the defendant, which 
 has always been the rule in the Federal Courts and some 
 States. 
 
 (3) Taking away the defense of the assumption of 
 risks when the risk assumed was caused by the fault or 
 negligence of the employer. 
 
 4. The modern conception of employer's lia- 
 bility. The old methods of manufacture, and even 
 many of the old industries, have become obsolete and 
 have been superseded by rapid, complicated and hazard- 
 ous methods growing out of improvements directed to- 
 wards the cheapening of products, and the ancient re- 
 lation of employer and employe, under which the em- 
 ploye generally worked beneath the eyes of the em- 
 ployer, has ceased to exist. 
 
 In modern times the employer has little personally 
 to do with the employe, and necessarily their mutual per- 
 sonal interest is no longer the same. 
 
 Notwithstanding the great changes in the character 
 of the employment and in the hazards, there has been 
 for years practically no change in the law governing the 
 relation; so that thoughtful persons are almcst unani- 
 mously of the opinion that the law now governing em-
 
 4 WORKMEN'S COMPENSATION AND INSURANCE. 10 
 
 ployer and employe, with respect to injuries done to the 
 latter, in hazardous industrial occupations, is unjust to 
 both employer and employe and a source of unfair op- 
 pression to the employer and a cause of unmerited hard- 
 ship to the employe. 
 
 Many suggestions have been made as to a remedy, 
 but commissions on Employer's Liability are strongly 
 of the opinion that the industry itself should bear the 
 burden and not the employe. The industry now bears 
 the burden of the wearing out and destruction of ma- 
 chinery necessarily resulting from its use, and civiliza- 
 tion now demands that the industry bear also the bur- 
 den of the wearing out and destruction of the efficiency 
 of the human machines without which the industry could 
 not survive. In bringing this about, radical changes in 
 the law governing employer and employe must be made. 
 When a man's life is lost, or his efficiency decreased 
 through injury in his employment, humanity demands 
 that his dependents in case of his death, and he himself 
 in case of injury, shall be cared for. This care must be 
 given either by the community at large, or by the in- 
 dustry in which he was engaged when injured. 
 
 We have not progressed so far in this country that 
 the State will care for everybody except for charity's 
 sake; but as the injured employe must be cared for, and 
 as the ancient legal fiction of assumption of the risk in 
 the dangerous employment of modern industry is unjust 
 to the employe, it seems fitting that some device spread- 
 ing this burden throughout the whole industry shall be 
 created, and the employer protected from oppression by 
 law suits and prolonged litigation, and the employer re- 
 lieved from the necessity of seeking redress in the courts 
 for loss of ability to earn a livelihood, of which he has 
 been deprived by accident. Nor is this in any sense 
 charity, but only simple justice. 
 
 A change in the law should insure to the employe
 
 II DISTINCTION BETWEEN SYSTEMS. 5 
 
 quick, practically immediate relief by way of support and 
 medical attendance, coupled with an assurance of future 
 support. 
 
 Some objection might be made to imposing this 
 obligation upon the industry, upon the ground that the 
 employe should bear his share of the burden, in view 
 of the fact that such a scheme is practically in the nature 
 of accident insurance ; but it seems more feasible to im- 
 pose the whole burden upon industry because, like all 
 the other losses growing out of depreciation in machin- 
 ery and in the plant and other expenses, this added 
 charge will be taken care of in the prices obtained by 
 the employer for the products of the industry. 8 
 
 5. The distinguishing characteristics of work- 
 men's compensation acts. During the years 1910, 
 1911, 1912, there have been passed Workmen's Com- 
 pensation Acts in eleven states of the United States and 
 fay the United States government as follows: 
 
 The New York Law enacted in session of 1910 and 
 held unconstitutional March 24, 1911 ; 
 
 The New Jersey Law approved April 4, 1911, and 
 took effect July 4, 1911; 
 
 The Wisconsin Law passed session of 1911 and be- 
 came operative September 1, 1911; 
 
 The California Law enacted session of 1911 and be- 
 came operative September 1, 1911; 
 
 The Kansas Law enacted by the session of 1911 and 
 took effect January 1, 1912; 
 
 The Illinois Law passed at the session of 1911 and 
 became operative May 1, 1912; 
 
 The Michigan Law passed at the session of 1912 and 
 took effect September 1, 1912; 
 
 The Arizona Act took effect September i, 1912. 
 
 8 Report of Employer's Liability Commission of Ohio, Part I, p. 
 XV.
 
 6 WORKMEN'S COMPENSATION AND INSURANCE. 12 
 
 The Nevada Law passed at session of 1911 and be- 
 came operative July 1, 1911 ; 
 
 The New Hampshire Law approved April 15, 1911, 
 and took effect January 1, 1912; 
 
 The Rhode Island and Providence Plantation Law 
 approved April 29, 1912, and took effect October l r 
 1912, and 
 
 The Federal Compensation Acts of May 30, 1908; 
 March 4, 1911; March n, 1912, to provide compensation 
 to injured government employes on and after August 
 1, 1908. 
 
 The employer is personally liable for the compensa- 
 tions to be paid an injured worker under both systems, Em- 
 ployers' Liability Laws and Workmen's Compensation Acts. 
 In the case of Compensation Acts, however, the only 
 negligence recognized on the part of either the employer 
 or employe, speaking generally, is that of wilful negli- 
 gence. Where the employer is guilty of this form of 
 negligence, he is penalized; where the wilful negligence 
 is that of the employe, he is denied his compensation or 
 is penalized or has his compensation reduced. In com- 
 pensation acts the amount of the compensation is deter- 
 mined within a maximum and minimum limit by speqi- 
 fied schedules of compensation fixed in the law and are 
 graded on a basis of a certain percentage of the loss or 
 impairment of the injured worker's average weekly 
 wage. Jury trials are either largely or wholly eliminated, 
 and the compensation to which the injured worker is 
 entitled under the act is determined by a board of arbi- 
 tration, a judge of some court or a board of awards cre- 
 ated or specified by the act. 
 
 6. The distinguishing characteristics of work- 
 men's industrial insurance laws. Workmen's Indus- 
 trial Insurance Acts have been passed in five States as 
 follows :
 
 J3 DISTINCTION BETWEEN SYSTEMS. 6 
 
 The Ohio Act enacted in May, 1911, and became oper- 
 ative January 1, 1912; 
 
 The Washington Act was passed March, 1911, and be- 
 came operative October 1, 1911: 
 
 The Massachusetts Law approved July 28, 1911, and 
 took effect July 1, 1912; and 
 
 The Montana Mining Law approved March 4, 1909, 
 and declared unconstitutional by the Supreme Court of 
 Montana, November, 1911. 
 
 The Maryland Act. became operative April 15, 1912. 
 
 The enactment of Compensation Acts and Workmen's 
 Industrial Insurance Laws, in particular, introduce reme- 
 dies for the compensation of injured workmen, which on 
 principle are new to the jurisprudence of the United States. 
 
 There are fundamental differences between the prin- 
 ciples of Workmen's Industrial Insurance and those of 
 Employer's Liability Laws or Compensation Acts of the 
 type of the English, New York or Wisconsin Acts. The 
 injured workman's claim under a state insurance act is 
 against a fund which is created by contributions paid by 
 employers, employes and the State or by any of them, 
 in the form of an insurance premium which is collected 
 "by the taxing power of the State through the exercise of 
 its police power. The employer's liability to his em- 
 ployes on account of personal injuries occurring in the due 
 course of their employment, is discharged when he has 
 paid the premiums provided by the act. The right of 
 trial by jury is entirely eliminated in such cases, except- 
 ing the case where the employe is denied compensation 
 of any kind and in that case he may sue the board of 
 administration created by the act and have his case tried 
 before a jury as heretofore but can not sue his employer. 
 No negligence of any kind is recognized either on the 
 part of the employer or employe, speaking generally, 
 excepting the wilful negligence on the part of either. 
 In case the employer caused the accident by wilful act or
 
 6 WORKMEN'S COMPENSATION AND INSURANCE. 14, 
 
 by disregarding Factory Inspection acts and orders, he 
 is subjected to some kind of penalty, and in case the in- 
 jured worker wilfully caused the accident for the pur- 
 pose of obtaining compensation, he is denied any com- 
 pensation or has it reduced or is penalized. The com- 
 pensation is paid in installments and based upon a cer- 
 tain percentage, usually 50 to 60 per cent. of the 
 impairment of wages caused by the accident. The act usual- 
 ly fixes the length of time that such compensation may run. 
 and also a maximum and minimum total compensation. In 
 the enactment of these statutes the State exercises its police 
 power for the protection of the peace, safety and general 
 welfare of the public. 9 
 
 The primary object of industrial insurance for work- 
 men is to provide a reasonable compensation which shall 
 be paid without fail and at a minimum cost of adminis- 
 tration, to the injured worker and his dependents, at 
 stated intervals, so that his dependents shall not, in 
 case they are minors, suffer in attaining a normal de- 
 velopment which is necessary for self-support, and in 
 order that neither the injured workman or his depend- 
 ents shall become public charges, by reason of bodily in- 
 juries which the worker received in the due course of his 
 employment. 
 
 From the standpoint of the public, the effect of a 
 serious bodily injury received by such a workman, is 
 the same whether the cause of the injury is attributable 
 to the negligence of the employer or to that of his em- 
 ploye, or that of a fellow-workman, or is caused by an 
 act of God. It is assumed that the case is very rare that 
 either the employer or his employe will wilfully cause 
 an injury covered by such a law. 
 
 9 For full discussion of Insurance acts see Chapters IV, VII, X, 
 XI, XVII.
 
 CHAPTER II. 
 
 HISTORICAL SKETCH OF DEVELOPMENT OF WORKMEN'S 
 INDUSTRIAL INSURANCE AND WORKMEN'S COMPENSA- 
 TION LAWS IN THE UNITED STATES. 
 
 Sec. Sec. 
 
 7. Inception of movement for 11. Conclusions of the Chicago 
 
 these laws. conference. 
 
 8. Previous investigation of the 12. The work of the State corn- 
 
 problem, missions. 
 
 9. The Chicago conference of 13. Executive recommendations. 
 
 employer's liability and work- 14. The Federal employer's lia- 
 men's compensation com- bility and workmen's com- 
 missions, pensation commission. 
 
 10. Subjects discussed. 
 
 7. Inception of movement for these laws. The 
 movement for the enactment of more just and humane 
 laws to take the place of the outgrown common-law 
 remedy for the compensation of workmen for injuries 
 received in the course of their employment became wide- 
 spread in the United States about the beginning of this 
 century. The movement received its first legislative 
 recognition in New York when the Legislature of that 
 state passed an act 1 which authorized the appointment 
 of a commission "to inquire into the working of a law 
 in the State of New York relative to the liability of em- 
 ployers to employes for industrial accidents and into the 
 comparative efficiency, cost, justice, merit and defects of 
 the laws in other states and countries relative to the 
 same subject and as to causes of accidents to employes." 
 
 Pursuant to the statute a commission of fourteen 
 members was appointed in May, 1909, three from the 
 Senate, five from the Assembly and six from industrial 
 and professional walks of life, all of whom were eminent- 
 
 1 Laws 1909, eh. 518. 
 
 15
 
 8 WORKMEN'S COMPENSATION AND INSURANCE. 16 
 
 ly qualified for the work to be done. This commission 
 made its report to the legislature in March, 1910, and 
 the bills reported by the commissioner were virtually 
 adopted by the legislature with but few dissenting 
 votes, there being only four dissenting votes in the 
 House against it. The bill is in the form of a compul- 
 sory workmen's compensation law affecting eight classes 
 of hazardous employments. A copy of the law and the 
 opinion of the Court of Appeals holding the act uncon- 
 stitutional are given in a later chapter. 2 The conclusions 
 of the report of the New York commission respecting 
 the important economic and sociological principles of 
 law involved in their investigations are fully set forth in 
 this opinion. 
 
 8. Previous investigation of the problem. Every 
 civilized nation in Europe and many other nations in 
 other parts of the world except the United States have 
 discarded the old system of Employer's Liability based 
 upon fault and substituted a system under which every 
 industry bears the burden of relieving the distress caused 
 by injuries to workers in any given industry practically 
 without litigation. The German system of insuring the 
 workers in all of its industries against sickness, accidents 
 and old age, was inaugurated during the period from 
 1883 to 1887, a full discussion of which will be found in 
 a later chapter. 3 
 
 Great Britain enacted her Compensation Act in 
 1897 and the same was amended and broadened in its 
 scope in 1900, 1906 and supplemented in March, 1912 by 
 David Lloyd-George's Insurance Law against sickness, 
 old-age and out-of-work. 3a The prime mover in the adop- 
 tion of the German system was Prince Bismarck. In 
 
 2 See Chapter VI. 
 
 3 See Chapter IV. 
 
 3* National Insurance Act, 1911, 1, 2 Geo. 5, ch. 55.
 
 17 DEVELOPMENT IN UNITED STATES. 8 
 
 England these laws were ably championed by Lord 
 Salisbury and Mr. Chamberlin. 
 
 The subject first attracted the attention of legislative 
 agents in the United States in 1893 when the investiga- 
 tion of the German system by John Graham Brooks was 
 published in The Fourth Special Report of the Com- 
 missioner of Labor of the United States, Carroll D. 
 Wright. In 1898 William Franklin Willoughby pub- 
 lished a careful study of foreign industrial insurance, and 
 in 1900 the report of the Commissioner of Labor of New 
 York 4 contained an intelligent study and report upon the 
 experience of European nations with this kind of insur- 
 ance and compensation for injured workers. The Com- 
 mission which was appointed to investigate the subject 
 in Massachusetts in 1904, recommended the adoption of 
 a plan modeled after the English Compensation Act of 
 1897, but the bill reported by the commission was not 
 passed. A commission in Illinois recommended a work- 
 men's compensation law of a similar nature in 1907. 
 This bill in like manner failed of passage. A commis- 
 sion was appointed in Connecticut in 1908 to investigate 
 the same subject but it was unable to reach any definite 
 conclusions. 
 
 During the year 1910 congress and the legislatures of 
 Massachusetts, Minnesota, New Jersey, Connecticut, 
 Ohio, Illinois, Wisconsin, Montana, and Washington 
 authorized the creation of commissions to investi- 
 gate employers liability laws and the various plans for 
 the compensation of injured workmen, with the result 
 that commissions were appointed in all of these states 
 and by July, 1911, were engaged in their investigations. 
 
 9. The Chicago conference of employer's liability 
 and workmen's compensation commissions. In 1910 
 
 4 Senate Documents, 123d Session, 1900, Vol. 10, Part II, written 
 by Adna F. Weber. 
 
 2~ BOYD VV C
 
 9 WORKMEN'S COMPENSATION AND INSURANCE. 18 
 
 there was held in Chicago a Conference of Commission- 
 ers on Compensation for Industrial Accidents from 
 United States government, Illinois, Massachusetts, 
 Minnesota, Montana, New Jersey, New York, Ohio, 
 "Washington, Wisconsin, Connecticut and the committee 
 on Uniform State Laws and United States Bureau of 
 Labor. This conference met November 10, 1910, and 
 remained in session for three days. Its officers were H. 
 V. Mercer, of Minneapolis, chairman, and Amos T. San- 
 ders, Clinton, Mass., secretary. The various commis- 
 sions and their membership were as follows : 
 United States Employers' Liability Commission: 
 
 William Warner, U. S. S., Chairman; Charles J. 
 Hughes, Jr., U. S. S. ; William G. Brantley, M. C. ; 
 Edwin Denby, M. C. ; W. C. Brown, President N. Y. 
 Central R. R. ; D. L. Cease, Editor The Railroad 
 Trainman; Launcelot Packer, Secretary. 
 Illinois Employers' Liability Commission, 317 Fisher 
 
 Building, Chicago, 111. : 
 
 Charles Piez, Chairman; *Edwin R. Wright, Secre- 
 tary; Samuel A. Harper, Attorney; Mason B. Star- 
 ring; *E. T. Bent; M. J. Boyle; Patrick Carr; John 
 Flora; *George Golden; R. E. Conway, East St. 
 Louis, 111.; Daniel J. Gorman, Peoria, 111.; P. A. 
 Peterson, Rockford, 111. 
 
 Massachusetts Commission on Compensation for Indus- 
 trial Accidents, State House, Boston, Mass.: 
 *James A. Lowell, Chairman, Boston; *Amos T. 
 Saunders, Secretary, Clinton; *Magnus W. Alex- 
 ander, Boston; *Henry Howard, Boston; *Joseph A. 
 Parks, Fall River; *Carroll W. Doten, Chief Investi- 
 gator, Boston. 
 Minnesota Employes' Compensation Commission: 
 
 *H. V. Mercer, Minneapolis, Minn.; *Geo. M. Gil- 
 lette, Minneapolis, Minn. ; *W. E. McEwen, St. Paul, 
 Minn.
 
 19 DEVELOPMENT IN UNITED STATES. 9 
 
 Employers' Liability Commission of Montana: 
 
 *Judge W. L. Holloway, Chairman, Helena, Mont.; 
 
 Neill Collins, Anaconda, Mont. ; J. C. Loweny, Butte, 
 
 Mont.; J. H. Hall, Helena, Mont.; H. G. Miller, 
 
 Kalispell, Mont. ; C. W. Goodale, Butte, Mont. ; J. E. 
 
 McNally, Butte, Mont.; W. F. Meyer, Deer Lodge, 
 
 Mont. 
 New Jersey Employers' Liability Commission: 
 
 *Wm. B. Dickson, President, New York, N. Y.; J. 
 
 William Clark, Newark, N. J. ; John T. Cosgrove, 
 
 Elizabeth, N. J. ; Samuel Botterill, East Orange, N. 
 
 J.; Walter E. Edge, Atlantic City, N. J.; Edw. K. 
 
 Mills, Morristown, N. J. ; *Dr. Albert A. Snowden, 
 
 Secretary, Roselle Park, N. J. 
 
 New York Commission on Employers' Liability, Etc., 
 Metropolitan Life Building, New York: 
 
 *J. Mayhew Wainwright, Chairman; Henry R. 
 
 Seager, Vice-Chairman; Frank C. Platt; Howard R. 
 
 Bayne; Alfred D. Lowe; George A. Voss; Frank B. 
 
 Thorn; Cyrus W. Phillips; Edward D. Jackson; 
 
 George W. Smith; Philip Titus; Otto M. Eidlitz; 
 
 John Mitchell; Joseph P. Cotton, Jr., Counsel; 
 
 Crystal Eastman, Secretary. 
 Employers' Liability Commission of Ohio: 
 
 *James Harrington Boyd, Chairman, Toledo, Ohio; 
 
 J. W. Perks, Springfield, Ohio ; *W. J. Rohr, Cincin- 
 nati, Ohio; *W. J. Winans, Galion, Ohio; *J. P. 
 
 Smith, Cleveland, Ohio. 
 Commission on Compensation for Industrial Accidents 
 
 of Washington: 
 
 Harold Preston, Counsel, Seattle, Wash.; Paul E. 
 
 Page, E. S. Jones, J. A. Falconer, Clarence Parker, 
 
 Jas. Anderson, George Von Eschen, F. B. Hubbard, 
 
 Peter Henretty, J. H. Wallace. 
 Wisconsin Industrial Insurance Committee: 
 
 *A. W. Sanborn, Chairman, Ashland, Wis. ; E. T.
 
 io WORKMEN'S COMPENSATION AND INSURANCE. 20 
 
 Fairchild, Milwaukee, Wis. ; John J. Blaine, Boscobel, 
 Wis. ; Wallace Ingalls, Racine, Wis. ; C. B. Culbert- 
 son, Stanley, Wis. ; Walter D. Egan, Superior, Wis. ; 
 George G. Brew, West Milwaukee, Wis. ; *Paul J. 
 Watrous, Secretary. 
 
 Connecticut Special Delegate: 
 
 *Walter S. Schutz, Hartford, Conn. 
 
 Special Committee on Uniform Laws to Prepare a Uni- 
 form Workmen's Compensation Law: 
 *Hollis R. Bailey, Chairman, 19 Congress Street, 
 Boston; Charles Thaddeus Terry, Secretary, 100 
 Broadway, New York; *Aldis B. Browne, 1419 F 
 Street, N. W., Washington, D. C. ; John R. Hardin, 
 Prudential Building, Newark, N. J. ; Peter W. Meld- 
 rim, 15 Bay Street, West, Savannah, Ga. ; George 
 Whitelock, 1407 Continental Trust Building, Balti- 
 more, Md. ; *John H. Wigmore, Dean, Northwestern 
 University School of Law, Northwestern University 
 Building, Chicago, 111. 
 
 United States Bureau of Labor: 
 
 *Charles P. Neill, Commissioner of Labor, Washing- 
 ton, D. C. ; *L. W. Chaney. 4a 
 
 10. Subjects discussed. The work of this con- 
 ference covered seven sessions during which were dis- 
 cussed the following fourteen propositions relating to 
 workmen's compensation : 
 
 1. What employments shall the act cover? 
 
 2. Shall all injuries be covered, irrespective of 
 negligence ? 
 
 3. Shall all persons engaged in such employments 
 be included? 
 
 4. Shall compensation be paid in a lump sum or in 
 installments? 
 
 5. Amount and duration of compensation? 
 
 4a The starred (*) members were present at Conference.
 
 21 DEVELOPMENT IN UNITED STATES. II 
 
 6. Length of waiting period? 
 
 7. Shall dependents include aliens and illegitimate 
 relations? 
 
 8. Shall employes contribute? 
 
 9. Shall it be permissible for employers to substi- 
 tute voluntary schemes? 
 
 10. Method of determination of controversies? 
 
 11. Nature of scheme: Compensation, insurance, 
 or State insurance, (a) Voluntary, (b) Compulsory? 
 
 12. Repeal of other laws? 
 
 13. Constitutionality? 5 
 
 11. Conclusions of the Chicago conference. The 
 
 conclusions of this conference were drafted into a law, 
 the fundamental provisions of which may be briefly 
 stated as follows: The act provides a compulsory and 
 exclusive remedy, with a waiting period of two weeks 
 during which time the injured workman may be allowed 
 compensation by way of medical attendance and hospi- 
 tal bills and funeral expenses not to exceed $100.00; it 
 covers all hazardous employments and the compensation 
 to be paid to injured workers or dependents is based 
 upon 50% of the loss of wages caused by the injury 
 without regard to fault or negligence excepting malici- 
 ous negligence, payments to be made monthly and to 
 continue so long as the disability lasts, not to exceed 
 three hundred weeks, and lump sum payments to be 
 made at the discretion of the Board of Advisors; the 
 compensation in any case not to be more than $10.00 
 per week and in case of death or total disability not less 
 than $5.00 per week; in case of death the compensation 
 to dependents shall continue not longer than three hun- 
 
 5 See page 29 of Proceedings of Commissions on Compensation 
 for Industrial Accidents, Chicago, Nov. 10, 12, 1910, published by 
 Amos T. Saunders, Secretary, Clinton, Massachusetts, 1910.
 
 12 WORKMEN'S COMPENSATION AND INSURANCE. 22 
 
 dred weeks and in case of total disability so long as total 
 disability lasts not to exceed 300 weeks. 6 
 
 12. The work of the State commissions. Since 
 the Chicago Conference of Commissions and during the 
 year 1911 and the first six months of 1912 the legisla- 
 tures of the states of Ohio, Washington and Massachu- 
 setts have enacted Workmen's Industrial Insurance 
 Laws and New Hampshire, New Jersey, Illinois, Michi- 
 gan, Wisconsin, Kansas, Nevada, Rhode Island and 
 California have enacted Workmen's Compensation Acts. 
 During the spring of 1909 the Montana legislature en- 
 acted an Insurance Compensation law affecting the em- 
 ployes of mines only. Similar commissions are now at 
 work on the recommendation of compensation acts in 
 other states and are required to report to their re- 
 spective legislatures. 
 
 13. Executive recommendations. Since 1908, the 
 subject of workmen's compensation has received fre- 
 quent consideration from Congress with respect to the 
 employes of employers who are engaged in interstate 
 commerce and in the government service. President 
 Roosevelt on January 31, 1908, sent a message to the 
 Congress in which he advocated the passage of such laws 
 to bring relief to injured workers in such employments 
 and indicated at the same time the duty of the legis- 
 latures of the several States in this respect. In that 
 message the President said, "I also very urgently advise 
 that a comprehensive act be passed providing for com- 
 pensation by the government to all employes injured in 
 the government service" * * * and further, "The same 
 broad principle which should apply to the government 
 should ultimately be made applicable to all private em- 
 ployers. Where the nation has the power it should en- 
 act the laws to this effect. Where the States alone have 
 
 6 See Proceedings Chicago Conference cited above.
 
 23 DEVELOPMENT IN UNITED STATES. 14 
 
 the power they should enact the laws" 7 * * * Governor 
 Hughes, of New York in his 1909 annual message advo- 
 cated the enactment of like legislation for the protection 
 of injured employes. 
 
 14. The Federal employers' liability and work- 
 men's compensation commission. 711 This Commission 
 authorized and created pursuant to a joint resolution 8 
 of Congress, conducted extensive investigations during 
 the year 1910 and 1911 and inquired into the economic 
 conditions affecting employes of railroads engaged in 
 interstate commerce only. The commission conducted 
 hearings in Washington and Chicago and made their re- 
 port to Congress in December, 1911, and recommended 
 a workmen's compensation law obligatory and exclusive 
 in nature affecting the employes of railroads engaged in 
 interstate commerce only. 9 
 
 7 The Federal Workmen's Compensation Act affecting employes 
 of the Government service, was passed by Congress and approved by 
 President Roosevelt, May 30th, 1908. 
 
 7a See Chapter XXII. 
 
 8 Approved June 25, 1910. 
 
 9 See message of the President, transmitting the report of the 
 Employer's Liability and Workmen's Compensation Commission, 
 Senate Document No, 338, 62d Congress, 2d Session.
 
 CHAPTER III. 
 
 BRIEF HISTORICAL REVIEW OF THE GERMAN PLAN OF 
 INSURANCE OF WORKMEN AGAINST ACCIDENTS, THE 
 BRITISH COMPENSATION ACT, AND THE OPERATION OF 
 THE SYSTEMS OF EMPLOYERS' LABILITY IN GREAT 
 BRITAIN AND THE UNITED STATES, 
 
 Sec. Sec. 
 
 15. Chronological development of 18. British compensation legisla- 
 the subject. tion. 
 
 16. The insurance message of 19. Some characteristics of Ger- 
 
 Emperor William I. man insurance legislation. 
 
 17. German industrial insurance 
 acts. 
 
 15. Chronological development of the subject. 
 
 Frederick the Great claimed to be especially the king of 
 the poor, and also claimed the right to use the state in 
 any way he saw fit for their protection and uplifting. 
 The Prussian law of a century ago acknowledged the 
 famous right to work and to a living. The state, in its 
 very nature, is the guardian of the weaker classes. In 
 the common law of that time it is stated: 
 
 "It is the duty of the state to provide sustenance and 
 support of those of its citizens who cannot provide sus- 
 tenance for themselves. Work adapted to their strength 
 and capacities shall be supplied to those who lack means 
 and opportunities of earning a livelihood for themselves 
 and those dependent upon them. 
 
 "Those who from laziness, love of idleness, or other 
 irregular proclivities, do not choose to employ the means 
 offered them of earning a livelihood, shall be kept to use- 
 ful work by compulsion and punishment under proper 
 control. 
 
 "The State is entitled and is bound to take such mea- 
 sures as will prevent the destitution of its citizens and 
 check excessive extravagance. 
 
 25
 
 I 15 WORKMEN'S COMPENSATION AND INSURANCE. 26 
 
 "The police authorities of every place must provide 
 for all poor and destitute persons whose subsistence can- 
 not be insured in any other way." 1 
 
 In this connection it is to be noted that prior to 1837 
 the principles of the common law of negligence or fault 
 formed the only basis of recovery by a workman from 
 his employer, on account of an accident to him. 
 
 In that year Priestly v. Fowler, 2 was decided, estab- 
 lishing the fellow servant rule, which relieves the master 
 from liability for an injury received by a servant in the 
 course of his employment, the cause of which was due to 
 the negligence of a fellow servant engaged in the same 
 employment. 
 
 Prussia, on November 3, 1838, took the initial step 
 in recognizing the new principle of the liability of em- 
 ployers to provide compensation for industrial accidents. 
 It was applicable to railroads only, but the act made the 
 companies liable for accidents to passengers as well. 
 The companies had only the defenses that the negligence 
 of the person injured and an act of God was the cause 
 of the accident. 
 
 Only four years later Judge Shaw, of Massachusetts, 3 
 laid down the doctrine of assumed risks. 
 
 In 1854 statutes were passed in Prussia compelling 
 certain classes of employers to contribute one-half of the 
 subscriptions to the fund of the sick associations formed 
 according to local statutes. 
 
 It was also required that independent mechanics and 
 manufacturers advance the contributions of their 
 journeymen and assistants, with the proviso of charging 
 it to the next payment of wages. As compensation for 
 their share in the payment, the employer was assured a 
 
 1 Fourth Special Report of the Commission of Labor of the United 
 States, 1893, page 26. 
 
 2 3 M. & W. 1. 
 
 SFarwell v. Boston, etc., R. Co., 4 Met. (Mass.) 49.
 
 27 REVIEW OF GERMAN PLAN. 15 
 
 corresponding influence over the administration of the 
 fund. 
 
 Several German States, as Brunswick, Mecklenburg 
 and Saxony, went even further than Prussia in demand- 
 ing that all employers should belong to some kind of 
 mutual sick association. 4 
 
 The act of June 21, 1869, for the North German Con- 
 federacy had the effect of releasing the bond of com- 
 pulsory contributions to the sick fund by employers pro- 
 vided by the act of 1854. 
 
 In 1876 there were in all Prussia 5,239 compulsory 
 societies, with 869,204 members. In 1880 the Prussian 
 official statistics showed 839,602 members, belong- 
 ing to registered friendly societies, 220,000 to the miners' 
 societies, and 200,000 to non-registered friendly socie- 
 ties, in all, 1,259,602, at most out of 2,400,000 of those 
 employed in mines and all industries which came within 
 the law. Though there was still everywhere possibility 
 of local compulsion, the act of 1876 relating to friendly 
 and active societies had made it so little effective as to 
 leave these scant results. One-half of those for whom 
 the societies (Sickness, Relief and Burial) were meant 
 were still uninsured. "The only good result of the act 
 of 1876 was to make it wholly clear to all who cared to 
 know the facts, that the most dependent class could only 
 be reached by the strong hand of the state." 5 
 
 Two years before the passing of the first insurance 
 law that of sickness, it was said by Bismarck, in ex- 
 plaining the first draft of the accident bill, "It is the duty 
 of humanity and Christianity, for the state to interest 
 itself to a great degree in those of its members who need 
 help. It is the duty of the state to cultivate beneficent 
 institutions; this will be no novelty but a further solu- 
 
 * Fourth Special Report of the Commission of Labor of United 
 States, 1893, p. 35. 
 
 5 Fourth Special Report, p. 36.
 
 1 6 WORKMEN'S COMPENSATION AND INSURANCE. 28 
 
 tion of the modern idea of the state, a result of Christian 
 morality; in accordance with such, the state should not 
 merely discharge the duties of self-defense, but those 
 also of a positive character in promoting the welfare 
 of all its members, and especially of the weak and 
 needy." 6 
 
 In 1871 Germany enacted the famous employers' lia- 
 bility act, through which mine owners were made liable 
 for death or accident that could be proved in any way, 
 directly or indirectly, the fault of the owner. This law 
 excludes the two defenses, assumption of the risk and 
 fellow servant rules. Endless bitterness was not only 
 caused by the workings of this law but extreme delays 
 occurred in the settlement of cases, and the dissatisfac- 
 tion here was only a part of that which showed itself 
 throughout most of Germany. 7 
 
 The excuse given for the failure of the voluntary 
 insurance act of 1876 was "Singly we are too weak to 
 carry out this insurance. It costs so much time and 
 money, so that our competitors who do not insure, get 
 an instant advantage over us who do not object to the 
 extra burden if all of our rivals are compelled to bear it 
 also." 8 
 
 16. The insurance message of Emperor William 
 I. Emperor William I came to Bismarck's support and 
 gave his famous message on November 17, 1881, to the 
 Reichstag. This message is called "The monument of 
 the New Social Era." The Emperor said: 
 
 "We consider it our Imperial duty to impress upon 
 the Reichstag the necessity of furthering the welfare 
 of the working people. We should review with in- 
 
 6 Die Reden von Fuerst Von Bismarck im Preussischen Landtage 
 und in Deutschen Reichstag 1881-1883 besorgt Horst Kohl, Neunter 
 Band (1893), Seite 9. 
 
 7 Fourth Special Report, p. 43. 
 
 8 Fourth Special Report, p. 46.
 
 29 REVIEW OF GERMAN PLAN. I/ 
 
 creased satisfaction the manifold successes, with which 
 the Lord has blessed our Reign, could we carry with us 
 to the grave the consciousness of having given our 
 country an additional and lasting assurance of internal 
 peace, and the conviction that we have rendered the 
 needy that assistance to which they are justly entitled. 
 
 "Our efforts in this direction are certain of the ap- 
 proval of all the federated governments, and we confi- 
 dently rely on the support of the Reichstag, without 
 distinction of parties. In order to realize these views 
 a bill for the insurance of workmen against industrial 
 accidents will first of all be laid before you, after which a 
 supplementary measure will be submitted providing for 
 a general organization of industrial sick relief insurance. 
 
 "But likewise those who are disabled in consequence 
 of old age and invalidity possess a well founded claim 
 to a more ample relief on the part of the State than 
 they have hitherto enjoyed. To devise the fittest ways 
 and means for making such provisions, however diffi- 
 cult, is one of the highest obligations of every com- 
 munity based on the moral foundations of Christianity. 
 A more intimate connection with the actual capability 
 of the people, and a mode of turning these to account, 
 incorporated societies, under the patronage and with 
 the aid of the State, will, we trust, develop a scheme to 
 solve which the State alone would be unequal. " 8a 
 
 17. German Industrial Insurance Acts. The end 
 sought by these reformers was that a workingman, un- 
 fitted for work by sickness, accident, invalidity or old 
 age, should have a legal right to due and just provi- 
 sion, in order not to be compelled to rely upon public 
 charity. This could only be attained by a system of 
 general and compulsory insurance, based on mutuality 
 
 8a Dr. George Zacher's Guide to Workmen's Insurance of the Ger- 
 man Empire, pp. 1, 2.
 
 1 8 WORKMEN'S COMPENSATION AND INSURANCE. 30 
 
 and self-administration. 9 After 50 sittings the bill for 
 sick insurance passed on May 31, 1883, with a majority 
 of 117 votes. It did not include, at first, employes en- 
 gaged in agriculture but it was contemplated, ultimately 
 to include practically all employments. 
 
 Afterwards the following accident insurance laws 
 were passed: 
 
 (1) The so-called fundamental law of July 6, 1884, 
 for Industry, Transport Trades, Telegraph, the Army 
 and Navy. 
 
 (2) The "Agricultural Law" of May 5, 1886, for 
 Agriculture and Forestry. 
 
 (3) The "Building Law," July 11, 1887, for Build- 
 ing Trades so far not insured. 
 
 (4) The "Marine Law," July 13, 1887, for Naviga- 
 tion. 
 
 18. British compensation legislation. In Eng- 
 land the first employers' liability act was passed in 1880. 
 The most important provision of this law was the ex- 
 tension of the principle of the vice principal, but the re- 
 lief appears to have been slight and unsatisfactory. The 
 unimpaired rigor of the rule as to the assumption of 
 risk became more in evidence as the use of safety ap- 
 pliances became more general and the number of acci- 
 dents traceable to the employers' negligence fewer; so 
 that after an unsuccessful attempt by Mr. Asquith, in 
 1893, to do away with the "Common Employment" rule 
 and the implied contract of assumption of the risk, the 
 time became ripe for the introduction of Mr. Chamber- 
 lain's Workmen's Compensation act, the gist of which 
 is to provide unfailing and universal compensation for 
 workingmen's injuries, without regard to negligence, 
 which passed in 1897. 
 
 9 Dr. George Zacher, Guide to the Workmen's Insurance of the 
 German Empire, p. 3.
 
 3 1 REVIEW OF GERMAN PLAN. IQ 
 
 The efficiency of the British compensation act as 
 compared with the employers' liability act is shown by 
 the figures in 1904 which disclose that there were 3,065 
 deaths of employes in industrial accidents covered by 
 the compensation act and of these 524 came before the 
 county courts and but 112 were brought under the em- 
 ployers' liability act. 
 
 19. Some characteristics of German insurance 
 legislation. In Germany the compensation is fixed 
 officially, after an investigation by the police and by the 
 organs of the trade associations without delay. Against 
 the decisions of the trade association the entitled person 
 may appeal within a month for an arbitration court of 
 two representatives chosen by the employer and two 
 by the employes, with a state official as chairman. The 
 arbitration courts have been established and working 
 since 1901, for both accident and invalidity insurance. 10 
 
 As it is evident that both the trade associations and 
 their individual members have a strong interest in di- 
 minishing the chances of accidents, the law confers on 
 the trade associations, the important privilege of recom- 
 mending regulations for the prevention of accidents. By 
 such regulations not only the employers can be com- 
 pelled, under penalty of higher assessments, to adopt 
 the necessary measures for safety but also the workmen 
 may be forced by fines to follow these rules. 
 
 "As regards the participation of the insured work- 
 men in the organization of the Trade Associations, they 
 are neither members of the Associations nor have they 
 to bear any of the corporate burdens. They have, how- 
 ever, to take on themselves a portion of the aggregate 
 liabilities caused by accidents, in so far as, together with 
 
 10 Dr. George Zacher's Guide to Workmen's Insurance of the 
 German Empire, p. 13.
 
 19 WORKMEN'S COMPENSATION AND INSURANCE. 32 
 
 the employers they contribute to the sick relief club, to 
 which, for practical reasons, the care of patients is left 
 during the first thirteen weeks of illness ("waiting 
 time": about six and two-thirds percent of the whole 
 burdens of Sick Insurance, i. e. four and one-half per- 
 cent to the charge of the workmen). But the statistical 
 calculations made show that the contributions of the 
 workmen to the Accident Insurance stay in an inverse 
 ratio to the contributions of the employers to the Sick- 
 ness Insurance, for while the workmen, on their part, 
 bear only eight percent of the entire burden for the acci- 
 dents, the employers have to contribute four times as 
 much (thirty-three and one-third percent) to the Sick- 
 ness Insurance. From these reciprocal relations it fol- 
 lows as a necessity, that the employers should partici- 
 pate in the management of the Sick Associations, and 
 that to the employes in their turn, must be conceded a 
 share in the administration of the accident insurance. 
 Accordingly the law permits representatives of the 
 workmen, elected by them, to take part in the discus- 
 sion of preventive regulations, and in the police investi- 
 gations of accident cases, as well as in the proceedings 
 of the Arbitration Courts and of the Imperial Insurance 
 Office; on all these occasions the workmen enjoy the 
 same rights as the representatives of the employers, and 
 the law guarantees them the free exercise of this honor- 
 ary co-operation."
 
 CHAPTER IV. 
 
 THE ORIGIN AND DEVELOPMENT OF COMPULSORY INDUS- 
 TRIAL INSURANCE FOR WORKMEN IN THE GERMAN 
 STATES-SICK INSURANCE, ACCIDENT INSURANCE, AND 
 INVALIDITY AND OLD-AGE PENSIONS. 
 
 Sec. Sec. 
 
 2C. Conditions in Germany which 27. Basis of compulsory insur- 
 
 induced consideration of the ance. 
 
 subject. 28. German system discribed. 
 
 21. Influence of Fichte and 29. The relation of the German 
 Hegel. industrial insurance law to 
 
 22. Views of Sismondi. Socialism. 
 
 23. Views of Winkelblech. 30. Development of the insurance 
 
 24. Views of Schaeffle, father of idea from the early guilds, 
 compulsory state insurance. 31. Miners' societies (Knapp- 
 
 25. Views of Wagner. schaftskassen) . 
 
 26. State insurance a matter of 32. Ethical basis of system. 
 German origin. 
 
 20. Conditions in Germany which induced con- 
 sideration of the subject. Germany was the pioneer of 
 Workmen's Insurance against the economic insecurity 
 arising out of the modern wage system. This was 
 brought about by the peculiar condition which sur- 
 rounded the German workmen and the peasant classes. 
 The governments of the several German states, which 
 ultimately were to constitute the German Empire, were 
 monarchial in form. Their absolutism remained sub- 
 stantially intact until the creation of the constitutional 
 government which brought into existence the German 
 Empire. For this reason individualism had little oppor- 
 tunity to develop in Germany and industrial freedom 
 among the working classes had been strangled. Indi- 
 vidualism and industrial freedom developed in the latter 
 part of the eighteenth century and the first half of the 
 nineteenth century and was brought about and advanced 
 by the discussion of German philosophers, as to what 
 
 33 
 
 3 BOYD W C
 
 2i WORKMEN'S COMPENSATION AND INSURANCE. 34 
 
 should be the duties of the state to its citizens. This 
 doctrine attained an advanced state of development with 
 the enactment of insurance against sickness, accidents 
 and old age during the period 1883-1889. 
 
 21. Influence of Fichte and Hegel. The philoso- 
 phers Fichte and Hegel planted the germ of socialistic 
 doctrine which took root during that period and which 
 has since been developed by the German socialists to so 
 high a degree. Concerning the influence of these writ- 
 ers it is said by John Graham Brooks : "The three laws 
 of insurance against sickness, accident, and old age and 
 invalidity confessedly rest upon a conception of society 
 which is sharply opposed to what is loosely called in- 
 dividualism, or laissez faire. In the portentous mass of 
 this insurance literature the thought is constantly ex- 
 pressed that the weaker members of society will be ex- 
 cluded from all that accords with our usual sense of 
 justice and fair dealing until the centers of social in- 
 fluence, of which the first and most powerful is the 
 state, become imbued with the idea that a large propor- 
 tion of the misfortunes, sickness, accident, and prema- 
 ture age are social in origin rather than individual ; that 
 a vast part of these evils spring, not from the fault of 
 the individual, but from sources over which the individ- 
 ual has little or no control. The philosopher Fichte ap- 
 plies this thought with such eloquent power to the duty 
 of the state as to result in a distinct practical change of 
 the state's attitude." 1 
 
 The social philosopher Lassalle shaped much social 
 legislation in Germany. He was greatly influenced by 
 two books written by Fichte, one in 1796, the other, Der 
 geschlossene Handelsstaat, 1800. Lassalle quotes many 
 sentences from this latter work about the duties of the 
 State which in all essentials are the same as the innum- 
 
 1 Fourth Special Report of Commissioner of Labor, 1893, p. 19.
 
 35 GERMAN COMPULSORY INSURANCE. 22 
 
 erable utterances that filled the discussion upon state 
 insurance during the years which immediately preceded 
 the enactment of these laws. 
 
 The State, according to Fichte's conception, "is not 
 to be negative nor to have mere police function, but to 
 be filled with Christian concern, especially for the weaker 
 members. The conceptions of property and contract 
 are such as compel such intervention on the part of the 
 superior authority in order to realize the ends of justice 
 and equality among men." It is necessary to deal with 
 these things in order to understand the theory of the 
 State's duty to which Bismarck and the economists con- 
 stantly made their appeals during the period of agitation 
 which preceded this legislation. 
 
 22. Views of Sismondi. Sismondi, another of the 
 powerful writers on this subject, said in 1819: "We re- 
 gard the government as having the duty of protecting 
 the weak against the strong." He contrasts sharply the 
 permanent interests of society as a whole with fluctuat- 
 ing personal and private interests amidst which the weak 
 and ignorant may go to the wall. Precisely as in the 
 case of Professor Winkelblech he seems to have been 
 converted to this view by a journey through certain in- 
 dustrial centers of Europe. He describes the unhappy 
 condition of the laborers in the manufacturing centers, 
 adding at the close: "I became persuaded that govern- 
 ments were upon the wrong road." "A state may be 
 very miserable indeed even though a few individuals 
 gather colossal fortunes." 
 
 23. Views of Winkelblech. Professor Winkel- 
 blech, prior to 1850, 2 in criticising the liberal school, 
 maintained "the necessity of a general obligatory insur- 
 ance as alone adequate to protect laborers in their strug- 
 gle with the conditions of the great industries." He 
 
 2 Organization of Labor, Vol. II, p. 328.
 
 24 WORKMEN'S COMPENSATION AND INSURANCE. 36 
 
 saw in this a sure way of helping on toward a greater 
 equality of conditions, and above all, that such insur- 
 ance would free labor from the haunting sense of inse- 
 curity, which was one of the chief evils to be remedied. 
 
 24. Views of Schaeffle, father of compulsory state 
 insurance. Dr. Schaeffle is called the father of compul- 
 sory state insurance. He conceived the plan in the year 
 1867 or prior thereto. He advanced the idea of such 
 insurance in his work on Kapitalismus und Socialismus. 3 
 As Joseph Chamberlain has since done in England, he 
 maintained that the existing charity administration 
 was not only a vicious sort of communism at its worst, 
 but did not even begin to reach its end. Even if state 
 insurance was socialistic, it was less harmfully so, in 
 Schaeffle's opinion, than the existing forms of charity. 
 In place of the old charity he demanded a "nationalized 
 general self-provision for the whole life" (planmassige 
 Selbstfiirsorge fur das ganze Leben). The expense must 
 be paid by the employer, but would in his opinion be- 
 come a part of the cost of production. Though the la- 
 borers pay the contributions, their minimum wage would 
 rise by that amount. He found in this compulsory in- 
 surance a close analogy to compulsory education, an 
 argument also used by those who have pleaded in Eng- 
 land for old age pensions. 
 
 25. Views of Wagner. The same arguments were 
 made against this interference by the State for the pro- 
 tection of the weak that are made today against the 
 compulsory workmen's compensation acts that are being 
 adopted. These laws were opposed because they were 
 socialistic and paternalistic. The second, strongest op- 
 position was that of private insurance companies of 
 whom Professor Wagner said "Your own selfish in- 
 terests blind you to the merits of a question whose only 
 
 3 pp. 700-702, 731.
 
 37 GERMAN COMPULSORY INSURANCE. 26 
 
 decision can come from the higher ground of general 
 social welfare." 
 
 The most forceful leader of the social political econo- 
 mists, whose agitation covered a period of sixteen years 
 prior to the passage of the insurance laws, was Professor 
 Wagner. His point of view is concisely stated in the 
 following quotation: 4 
 
 "Perhaps the most prominent thought in this rela- 
 tion is Wagner's assertion that the great mass of weaker 
 laborers will not be helped out of their condition by the 
 free struggle of private business interests. He holds 
 that these masses are unable to cope with the conditions 
 which capitalistic production imposes upon them. His 
 reaction against the current economic individualism is 
 sharp and direct. The State has here not merely an 
 exceptional task to perform, but the permanent duty of 
 strengthening the laborer in his struggle. Not only 
 should co-operative groups in every form be favored, 
 but trade organizations as well. There is no limit, ex- 
 cept the purely practical one, to the State's duty of in- 
 terference. The very meaning of the 'social question' 
 to Wagner is this putting of the laborer into a position 
 where the struggle for existence can be made as fair as 
 the nature of the problem admits. That the odds are 
 now greatly against the weaker workers is not only ad- 
 mitted, but vigorously maintained. Neither private in- 
 terest, nor charity, nor self-help is adequate to do this 
 work of evening up conditions. The State, inspired by 
 strong moral purpose, must act a bold and positive part 
 in this programme." 
 
 26. State insurance a matter of German origin. 
 
 State insurance was long an economic and social theory 
 before it became a fact, and the general principles to 
 which the theory appealed for its sanction were used in 
 
 * Fourth Special Report, p. 23.
 
 2 WORKMEN'S COMPENSATION AND INSURANCE. 38 
 
 Austria, France and England with frank acknowledg- 
 ment that Germany had originated the idea out of which 
 it all grew. 5 * * * 
 
 27. Basis of compulsory insurance. These ideas, 
 respecting the duty of the State to the weaker members 
 of society, point to the same conclusion as are deduced 
 by Chief Justice Waite in Munn v. Illinois, 94 U. S. 113, 
 in which he announced the conditions under which a 
 public interest arose in the property of a person or cor- 
 poration owing to the manner in which the property 
 was used and consequently when and to what extent the 
 State through the exercise of its police powers had a 
 right to exercise its taxing power to take private prop- 
 erty and to interfere with private contracts for the pro- 
 tection of the health, safety and general welfare of the 
 public. To a greater extent can this be done by the 
 government of the Dominion of Canada, under the Brit- 
 ish North America Act, Section 92, paragraph 13. 
 
 The views of Wagner in this report are set forth in 
 the following paragraphs : 6 
 
 "Public revenue to be so raised as to allow of the 
 'communistic' character of public bodies, above de- 
 scribed, being developed wherever decided objections, 
 consequent upon the peculiar circumstances of the case, 
 do not exist. This 'communistic' character to be 
 strengthened in favor of the poorer and socially weaker 
 classes, with whom the economic and social struggle for 
 existence and for social advancement is severest, by 
 means of a system of administrative measures calculated 
 especially to benefit them, yet the cost of which shall be 
 defrayed by the general revenue and taxes; but this 
 'communistic' character of State activity to be weaker 
 where the interests of the well-to-do and richer classes 
 
 5 Fourth Special Report, p. 24. 
 Fourth Special Report, p. 25.
 
 39 GERMAN COMPULSORY INSURANCE. 2/ 
 
 of society come especially or exclusively into question. 
 Here expenditures should be rather covered by a just 
 system of taxes including taxes based on the principle 
 of taxation according to benefit than by the use of the 
 general revenue. This implies the regulation of the 
 post, telegraph, and railway tariffs, judicial charges, 
 school fees, etc. 
 
 Taxation to be so adjusted that, besides fulfilling its 
 primary function, that of providing the revenue needed 
 to cover public requirements, it may, as well as possible, 
 fulfill a not less important indirect purpose, which is 
 twofold: (1) Regulative interference with the distribu- 
 tion of the income and wealth of private persons, so far 
 as that distribution is the product of free economic in- 
 tercourse, as by the medium of prices, wages, interest, 
 and rent, with a view to counteracting the harshness, 
 injustice and excessive privileges caused by the distri- 
 bution obtaining in this intercourse; (2) and at the same 
 time regulative interference, supported necessarily by 
 further administrative measures, and eventually by com- 
 pulsion (as in the domain of industrial insurance) in 
 private consumption. This latter can be done by mak- 
 ing the lower classes provide by means of direct and 
 indirect taxes, especially indirect (excise), which in 
 this connection are often very suitable the revenue 
 necessary for administrative purposes calculated to ben- 
 efit them, this being affected by diverting income which 
 they may be applying to improper, perhaps injurious, or 
 at the least, less necessary and wholesome purposes 
 (e. g., drink) to purposes more beneficial to society, the 
 class, or the individual." 
 
 Not only is every principle upon which such a step 
 as compulsory industrial insurance could be based stated 
 in the foregoing quotation but it stands in direct and 
 unbroken line with the economic traditions of the Prus- 
 sian monarchy.
 
 28 WORKMEN'S COMPENSATION AND INSURANCE. 40 
 
 It is to be further noted in commenting upon the 
 quotation given above from Wagner, that his plan of 
 governmental regulation affecting both the rich and 
 the poor, provided for the taxing of both the rich and 
 the poor in an equitable manner so as to correct the evils 
 to which each class is inclined. 
 
 For example, under item (1), his plan of taxation 
 which provided for the taxation of "income and wealth" 
 his theory was that "so far as income resulted from 
 economic intercourse, taxes should be levied with a view 
 to counteracting the harshness, injustice and excessive 
 privileges caused by the distribution obtaining in this 
 intercourse." 
 
 But note also in like manner under item (2) of his; 
 plan of taxation that he would tax the poor by indirect 
 taxation in such a manner as would correct their im- 
 provident tendencies, characteristic of them, and he in- 
 cludes compulsory industrial insurance among his regu- 
 lative plans of interference. 
 
 The great significance of these theories of Wagner 
 is the following: The Industrial Insurance which has- 
 been developed in Germany along the above lines is 
 based upon the theory not that the employer is to make 
 a contribution to the employe but that the funds neces- 
 sary to be raised to carry out the German plan of in- 
 dustrial insurance shall be raised so that both the em- 
 ployer class and employe class shall contribute to the 
 funds to the extent that each class is presumed to be 
 equitably benefited in the establishment of a new econo- 
 mic return. 
 
 28. German system described. Professor Charles 
 R. Henderson 7 describes the German system as follows : 
 "It is sometimes asserted that the German system of 
 workingmen's insurance is nothing better than a dis- 
 
 7 Industrial Insurance in the United States, 2nd ed., p. 7.
 
 41 GERMAN COMPULSORY INSURANCE. 28 
 
 guised form of poor relief, a kind of gift from above paid 
 by the government at the expense of taxpayers to pre- 
 vent rebellion of the 'lower classes.' The classic mes- 
 sage of the emperor 8 gives a more just interpretation of 
 the purpose of the 'social policy' of the nation. The de- 
 mand is made on the basis of the duty to the people and 
 the common welfare, because health, security and free- 
 dom from dependence are not a mere class interest but 
 belong of right to all. Those who risk the greatest dan- 
 ger to life and limb should not be left to carry the entire 
 cost of that hazard. 
 
 Insurance is not poor relief but common justice, a 
 method of fairly distributing the extraordinary costs of 
 civilization. Since such insurance never has been made 
 general and never can be made general by any voluntary 
 scheme, the government, the agent of the common in- 
 telligence, conscience and will, intervenes far enough to 
 enforce obligation, to regulate the method and to insure 
 the rights of all concerned. Thus in the United States 
 the government, under the right of eminent domain, 
 takes landed property for a consideration and gives it 
 to railroads for right of way or as subsidy; and in turn 
 prescribes the terms on which a railway corporation can 
 enjoy these special privileges. Thus also the federal 
 government grants privileges to certain banks and con- 
 trols the method of their administration. In Germany 
 the government seeks in its insurance laws to encourage 
 and stimulate the interest of both the employers and 
 employes in the system. The entire system is based on 
 the principles of mutual benefit, self-government and 
 local initiative. Both employers and employes have a 
 right to participate in the administration and judicial 
 application of the law, as both share equitably in the 
 cost. It is not state insurance, but insurance on the 
 
 8 Ante, 16.
 
 28 WORKMEN'S COMPENSATION AND INSURANCE. 42 
 
 basis of mutuality and self-government, under the regu- 
 lation of law. It is precisely in this administration that 
 the working-men feel themselves to be free agents and 
 intelligent participants in the affairs of their country. 
 There is no taint of charity from first to last; each man 
 pays his share of the cost, has a voice in the control and 
 can set up a legal claim when he needs his benefits. All 
 this removes the insurance system by the diameter of 
 the moral world from poor relief and private charity. 
 
 The German system does not make other forms of 
 protection superfluous, since it simply provides for the 
 necessities of existence; it does not remove the motive 
 for forming trade unions and fraternal societies, nor for 
 investing in extra insurance in life insurance companies, 
 nor for savings. All these organizations of thrift flour- 
 ish in Germany." And again he says : 9 
 
 "It is sometimes asserted in advance of proof that 
 accident, sickness, and old age insurance is a burden 
 upon the capital, industry, and commerce of a nation. As 
 Germany is the country which annually does more than 
 other nations in this direction it seems not unfair to men- 
 tion the fact that the years of trial of her system of in- 
 surance have been precisely the years in which that 
 nation has forged to the front rank in the world of manu- 
 factures and commerce. The nation has grown rich and 
 the workingmen have improved their condition so that 
 they are not anxious to emigrate as formerly. On all 
 these points we have several recent publications which 
 reveal the situation with a wealth of statistical evi- 
 dence." 
 
 In another authoritative work 10 occurs the following 
 comment on this scheme of industrial insurance: 
 
 "It may be briefly described as follows : In carrying 
 
 9 Henderson Industrial Insurance, p. 6. 
 
 10 Frankel & Dawson on Workmen's Insurance in Europe, p. 9. 
 (Prepared under Russell Sage Foundation.)
 
 43 GERMAN COMPULSORY INSURANCE. 28 
 
 on any given industry for the benefit of those who will 
 enjoy the products or the services supplied thereby, 
 there will be, on the whole, taking into account all the 
 various establishments engaged in those industries, a 
 more or less stable aggregate amount of loss and dam- 
 age occasioned by industrial accidents. While each par- 
 ticular accident, considered by itself, might appear to 
 have been preventable if an extraordinary degree of 
 caution had been exercised, it will also appear, when the 
 losses are spread over the entire industry, and especially 
 when the experience of many years is combined, that 
 there is a more or less steady ratio between the financial 
 loss and the financial value of the entire product, indi- 
 cating that accidents are governed by laws of probabil- 
 ity and are to a certain degree inevitable. 
 
 In other words, this loss or damage, as much as loss 
 or damage by destruction of material, by wear and tear 
 of machinery, etc., is a part of the cost of the commodity 
 in the production of which the workingman was em- 
 ployed at the time the accident took place. 
 
 It follows that the workingman, or his family in the 
 event of his death, should be compensated in a reason- 
 able amount for the consequences of an industrial acci- 
 dent; not in order that some one shall be mulcted, on 
 the ground that he was at fault, but in order that this 
 portion of the cost of the product or services shall not be 
 transferred from the employer and the ultimate con- 
 sumer to the workingman and his family, crushing them 
 in many cases, and eventually shifting the burden to the 
 community in the most undesirable form of charity." 
 Further along 11 the authors say: 
 
 "As stated above, the new statutes provide for in- 
 demnification of workingmen for the consequences of 
 industrial accidents on the principle that their cost 
 
 11 Henderson Industrial Insurance, p. 18.
 
 29 WORKMEN'S COMPENSATION AND INSURANCE. 44 
 
 should fall upon the employer, not as a punishment, nor 
 because he was negligent, but merely to throw the bur- 
 den ultimately on those who enjoy the product." 
 
 29. The relation of the German Industrial Insur- 
 ance Law to Socialism. The Prussian government 
 prior to the war of 1870-71 entertained no anxiety about 
 socialism. It had cause for anxiety, however, when the 
 socialist vote increased from 350,000 in 1874 to about 
 500,000 in 1877. 12 
 
 Lassalle's type of practical socialism (productive co- 
 operation of associations) from the time of the Socialis- 
 tic congress of 1875 gave way more and more to the 
 Marx type which attacked the then existing industrial 
 order with its wage system, private rent and interest. 
 They ceased to talk about the co-operative association 
 of Lassalle's type. Following the two attempts on the 
 life of the German Emperor in 1878, Bicmarck had dras- 
 tic laws passed prohibiting meetings, suppressing clubs 
 and publications active in the propagation of the Marx 
 doctrines. The quotation below not only shows what 
 the Marx doctrine was but what the government was 
 striking at. 
 
 "The endeavors of social democracy are aimed at 
 the practical realization of the radical theories of mod- 
 ern socialism and communism. According to these 
 theories the present system of production is uneconomi- 
 cal, and must be rejected as an unjust exploitation of 
 labor by capital. Labor is to be emancipated from capi- 
 tal; private capital is to be converted into collective 
 capital; individual production, regulated by competition, 
 is to be converted into systematic co-operative produc- 
 tion ; and the individual is to be absorbed in society. The 
 social democratic movement differs greatly from all 
 humanitarian movements in that it proceeds form the 
 
 12 Fourth Special Report, p. 27.
 
 45 GERMAN COMPULSORY INSURANCE. 2Q 
 
 assumption that the amelioration of the condition of the 
 working classes is impossible on the basis of the present 
 social system, and can only be attained by the social 
 revolution spoken of. This social revolution is to be 
 effected by the co-operation of the working classes of all 
 states with the simultaneous subversion of the existing 
 constitutions. The movement has especially taken this 
 revolutionary and international character since the foun- 
 dation of the International Workingmen's association in 
 London in September, 1864. * * * It is, in fact, a 
 question of breaking away from the legal development 
 of civilized states and of the complete subversion of the 
 prevailing system of property. The organization of the 
 proletariat, the destruction of the existing order of state 
 and society, and the establishment of the socialistic com- 
 munity and the socialistic state by the organized prole- 
 tariatthese are the avowed aims of social democracy. 
 The well organized socialistic agitation, carried on 
 by speech and writings with passionate energy, is in 
 accord with these ends. This agitation seeks to dis- 
 seminate amongst the poor and less educated classes of 
 the population discontent with their lot as well as the 
 conviction that under the present regime their condition 
 is hopeless, and to excite them as the "disinherited" to 
 envy and hatred of the upper classes. The moral and 
 religious convictions which hold society together are 
 shattered; reverence and piety are ridiculed; the legal 
 notions of the masses are confused; and respect for the 
 law is destroyed. The most odious attacks and abuse 
 which are leveled at the German empire and its con- 
 stitutions at royalty and the army, whose glorious his- 
 tory is slandered give the socialist agitation in this 
 country a specifically anti-national stamp; for it 
 estranges the minds of the people from native customs 
 and from the fatherland. The representations which are 
 given, both by spoken and written word, of former revo-
 
 2Q WORKMEN'S COMPENSATION AND INSURANCE. 46 
 
 lutionary events and the glorification of well known 
 leaders of revolution, as well as the acts of the Paris 
 commune, are calculated to excite revolutionary desires 
 and passions and to dispose the masses to acts of vio- 
 lence. The law of self-preservation, therefore, compels 
 the state and society to oppose the social democratic 
 movement with decision; and above all, the state is 
 bound to protect the legal system which is threatened 
 by social democracy, and to put restraints upon socialis- 
 tic agitation. True thought can not be repressed by 
 external compulsion; the movements of minds can only 
 be overcome in intellectual combat. Still, when such 
 movements take wrong ways and threaten to become 
 destructive, the means for their extension can and should 
 be taken away by legal means. 
 
 The socialistic agitation, as carried on for years, is a 
 continued appeal to violence and to the passions of the 
 masses with a view to the subversion of state and social 
 order. The state can check such an enterprise as this 
 by depriving social democracy of its most important 
 means of agitation and by destroying its organization; 
 and it must do this unless it is willing to surrender its 
 existence, and unless there is to grow up amongst 
 the population the conviction either that the state is im- 
 potent or that the aims of social democracy are justifi- 
 able. * * * Social democracy has declared war 
 against the state and society, and has proclaimed their 
 subversion to be its aim. It has forsaken the ground of 
 equal right for all, and it can not complain if the law 
 should only be exercised in its favor to the extent con- 
 sistent with the security and order of the state." 13 
 
 While Bismarck admired Lassalle's doctrines and 
 aims he recognized a vital difference between them and 
 those of Marx. He took a bold stand against the doc- 
 is Fourth Special Report, p. 27.
 
 47 GERMAN COMPULSORY INSURANCE. 30 
 
 trines of Marx and as boldly stood with Las'salle in say- 
 ing "the state shall be put fearlessly at the disposal of 
 the laboring classes" and presented to the Reichstag his 
 elaborate scheme of compulsory insurance for the work- 
 ing masses. 
 
 30. Development of the insurance idea from the 
 early guilds. We have next to briefly point out the 
 facts of the origin and development of Industrial Insur- 
 ance by the German guild of a special type called Knapp- 
 Schaftskasse. For five hundred years there have exist- 
 ed in Germany certain guilds which are privileged so- 
 cieties of employers (Handwerkmeisters) or masters 
 for their own benefit as well as for the benefit of their 
 journeymen and apprentices. There were connected 
 with these guilds benefit societies, relief, burial, and sick 
 associations. 
 
 It must be noted that the development of industry 
 in Germany is of so much later date than in England or 
 America that some illustrations must be given in order 
 to appreciate the bearing of trade legislation upon social 
 questions. 
 
 Industry with a world market had attained such a 
 development in 1802 in England as to bring into exist- 
 ence the first interference with the freedom of industry 
 the Morals and Health act. In 1832 the Reform Bill 
 was enacted. During this period of 30 years, the popu- 
 lation of cities in England, like Manchester, had on an 
 average increased 150 per cent. The earlier economic 
 students could not foresee the conditions which this new 
 grouping of population would bring upon society. Dur- 
 ing the period of 1802 to 1844 many acts were passed in 
 England first to protect working-children, then later for 
 the protection of working-women. Scarcely a law has 
 been passed to guard the safety of the apprentice, the 
 child, the woman, or of poor men in dangerous employ-
 
 30 WORKMEN'S COMPENSATION AND INSURANCE. 48 
 
 ments, that has not been long and stubbornly fought 
 upon theoretical grounds as to the nature of trade, of 
 economic law, or of natural law. Today humane princi- 
 ples of legislation have been so far developed in respect 
 to legislation demanded for any set of workmen as to 
 make the inquiry one not concerning economic or natur- 
 al law but rather concerning the plain practical exigen- 
 cies of the health and safety of the laborers. Two gen- 
 erations passed away before this position was reached 
 even by statesmen! 
 
 This principle of insurance has never been denied in 
 Germany, except in part by those, who, during the period 
 from 1830 to 1870, were the followers of Adam Smith 
 and known as the Manchester party in Germany. They 
 exercised a powerful and beneficial influence upon the 
 economic policy of that country. 
 
 However, beginning with the compulsory industrial 
 insurance legislation of 1883, legislation of this kind has 
 freed itself almost wholly from this economic liberalism. 
 It should be noted, however, that among the achieve- 
 ments of this school there should be mentioned: the 
 Tariff Union; Uniformity in Weights and Measures; 
 the doing away with imprisonment for debt and the 
 usury laws; the removal of marriage restrictions, of 
 river tolls, and "especially the larger freedom intro- 
 duced into the whole body of trade regulations (Gewer- 
 beordnung), together with the Freiziigigkeit (the right 
 to go about the country as one likes), against which 
 principle, ominously enough, powerful voices are now 
 more and more heard." 14 
 
 Bismarck rejected the liberal and voluntary indus- 
 trial policy and appealed to the earlier and older social 
 legislation which preceded the liberal legislation. * 
 
 1* Fourth Special Report, p. 31.
 
 49 GERMAN COMPULSORY INSURANCE. 30 
 
 John Graham Brooks describes the conditions sur- 
 rounding the worker and his guilds as follows : 
 
 "A state of serfdom practically existed in Bavaria 
 until 1808. Freedom to choose one's handicraft, even, 
 was not allowed in other parts of Germany until 1810. 
 Until the revolution of 1848 countless petty restrictions 
 hemmed in the life of the laborer as well as of industry 
 in general. The most advanced part of Germany, Prus- 
 sia, only brought in liberty for the laborer to move freely 
 from town to town (Freiziigigkeit) in 1842. Though 
 the laws of Stein and Hardenburg had done so much to 
 destroy the old guilds, they yet dragged lumbrously 
 along until the Prussian trade regulations of 1845, which 
 mark so important a change in this history as to demand 
 closer consideration. The law of 1842, allowing laborers 
 to pass freely from one place to another, introduced 
 changes as great as the Stein legislation of 1811, which 
 broke down so many of the old guild privileges. From 
 a condition under which the choice of a trade was for 
 the laborer and not by him, to conditions under which 
 he could freely elect his craft, the difference was pro- 
 found. In many parts of Germany the old trade mono- 
 polies existed in such form as to make the free develop- 
 ment of trade impossible. Not only was competition 
 shut out in the more considerable trades of tinning and 
 milling, but especially in the minor provinces, such 
 monopolies extended to the smaller trades of the barber 
 and chimney-sweep. That these special privileges of the 
 guilds would all have been swept away if the Stein leg- 
 islation had been allowed to do its work is evident. The 
 irew freedom was feared, however, and the trade regu- 
 lations of 1845 are a protest against the destruction of 
 vested rights. That portion of the trade laws which 
 more especially concerns us recognizes two kinds of 
 
 4 BOYD W C
 
 30 WORKMEN'S COMPENSATION AND INSURANCE. 50 
 
 sick associations the apprentice society and the guild 
 (Innung). 
 
 In section 144 the apprentices and assistants are 
 permitted to retain their mutual benefit societies, but it 
 is reserved to change and adapt them to new and exist- 
 ing circumstances. New societies may also be formed 
 under conditions fixed by government. An apprentice 
 is not allowed to be excluded from such a society be- 
 cause he does not work with a member of a guild (sec- 
 tion 169). To the guilds is also given the right to form 
 sick, burial and relief societies, as well as savings banks, 
 though they are not compelled to form such society for 
 every branch of industry. It will be seen that these laws 
 of 1845, in reacting against those forces which threatened 
 to destroy the guilds, yet endeavored to preserve as 
 much liberty, self-government, and self-discipline as 
 was possible in an effort to save the guilds and continue 
 their work. The workmen also were frightened by the 
 loss of a powerful influence which the guild had secured 
 to them. Before 1845 they expressed fears such as 
 would be felt by trade unionists of today if their rights 
 of organizing were threatened. The conservative 
 character of the law is, however, seen in such provisions 
 as that which compels those who form a guild to prove 
 their capacity before some authorized body of exam- 
 iners, as the academy of arts or the committee appointed 
 for such purpose. Consent to enter a guild might be 
 refused by the communal authorities to criminals, to 
 bankrupts, to those residing where a similar guild al- 
 ready exists, etc. All persons in mechanical trades who 
 belong to no guild could by local statute be formed into 
 an 'inferior guild.' The community is here supreme 
 over the decisions of the individual. Although the elite 
 workmen were freed from compulsion to join such so- 
 cieties, the less able workmen were so far under con-
 
 51 GERMAN COMPULSORY INSURANCE. 3! 
 
 strain! that they must give satisfactory reason before 
 the authorities why they failed to form or join some 
 benefit society." 15 
 
 31. Miners' societies (Knappschaftskassen). The 
 
 fundamental principles of workmen's insurance as illus- 
 trated by the miners societies are thus pointed out by 
 Mr. Brooks: 
 
 "An illustration may now be given from among the 
 miner's societies (Knappschaftskassen) which will illus- 
 trate in more detail the actual working of the insurance 
 principle. In this bit of history is to be seen almost 
 every feature, good and bad, which the imperial scheme 
 now presents. These societies provided for sickness, 
 accident, burial, and also granted pensions to orphans, 
 widows, and invalids, thus covering even more than 
 the state laws now cover. In its later development the 
 mining society was administered by a committee com- 
 posed half of employers, half of laborers. The contri- 
 butions were also divided between both. The employer 
 was made responsible for the entire sum, being allowed 
 later to deduct the laborers' share from the wages when 
 paid. Thus it is seen why this special form of associa- 
 tion was chosen by the government as a type upon which 
 to build the imperial structure." 16 
 
 32. Ethical basis of system. Reviewing the long 
 and serious strife which attended the development of 
 the principles of compulsory workmen's insurance dur- 
 ing the period of 1790 to 1854 it is important to recognize 
 the incontestable fact of history, that these laws were 
 the outgrowth of the ethical elements of sympathy, pity, 
 and good will, playing so important a part as to mould 
 
 15 Fourth Special Report, 1893, p. 31. 
 ie Fourth Special Report, p. 37.
 
 32 WORKMEN'S COMPENSATION AND INSURANCE. '52 
 
 first the customs and then the laws of their primitive 
 insurance societies. Here Mr. Brooks further observes: 
 "Nothing is more obvious than the fact that mere 
 business did not alone dictate those first regulations that 
 made the strong and the fortunate willingly help to bear 
 the burden of the weak. The opponents of state insur- 
 ance make no issue as to this fact; they only insist that 
 the state cannot, from its very nature, carry out and 
 enforce such principles as those upon which universal 
 insurance rests. The believers in such state insurance 
 carry over the ethical idea, that already existed in the 
 small free group, into the state asserting that the state, 
 with compulsory powers, is alone competent to secure 
 the blessing of such insurance to the whole masses of 
 the people. Thus there is a distinct issue of fact rather 
 than of theory. From the thirteenth century to the 
 time of Frederick the Great, nothing like compulsory 
 insurance, even in small mines, can be said to have ex- 
 isted. Until the Prussian law of 1854 there was no gen- 
 eral state compulsion for miners." 17 
 
 17 Fourth Special Report, p. 39.
 
 CHAPTER V. 
 
 THE ECONOMIC BASIS OF COMPULSORY INDUSTRIAL INSUR- 
 ANCE AND COMPENSATION LAWS FOR INJURED WORK- 
 MEN. 
 
 Sec. 
 
 33. Statement of problem from 
 the economic standpoint. 
 
 34. Statistical studies exhibiting 
 effects of old and new sys- 
 tems of compensation. 
 
 35. Statistical experience under 
 compulsory State insurance 
 in Germany. 
 
 36. The question of fault and 
 prevention of accidents 
 compensation German sta- 
 tistics. 
 
 37. Experience in New York. 
 
 38. The Pittsburgh survey. 
 
 39. The Wisconsin bureau of sta- 
 tistics. 
 
 40. The report of the Illinois 
 commission. 
 
 41. Ohio statistics. 
 
 42. Average amount received in 
 
 settlement in Ohio under old 
 system. 
 
 43. Attorney fees under old sys- 
 
 tem in Ohio. 
 
 Sec. 
 
 44. Social and economic results 
 of accidents. 
 
 45. Liability insurance statistics 
 in Ohio. 
 
 46. German statistics analyzed. 
 
 47. Classification of causes of 
 accidents in Germany. 
 
 48. Miscellaneous data. 
 
 49. Statistical results of the per 
 cent, of workingmen who re- 
 ceive compensation under the 
 common law and liability 
 laws. 
 
 50. Fundamental economic con- 
 clusions. 
 
 51. Remedies proposed German 
 and English plans. 
 
 52. Specific provision against the 
 economic insecurity of work- 
 ingmen in the United States. 
 
 53. Argument for joint contribu- 
 
 tion by employer and em- 
 ploye. 
 
 33. Statement of problem from the econo- 
 mic standpoint. It is proposed in this chapter to present 
 the economic basis for the substitution of a new remedy, 
 namely, compulsory industrial insurance for working- 
 men, or workmen's compensation acts, in lieu of the 
 common and statutory liability law remedies, as a means 
 for compensating workmen who are injured in course 
 
 of their employment. 
 
 53
 
 34 WORKMEN'S COMPENSATION AND INSURANCE. 54 
 
 It will be shown not only that the common (and lia- 
 bility) law remedy in its present form does not furnish 
 compensation of any kind in to exceed 12% of the cases 
 of injuries to employes, and even in those cases in which 
 compensation is paid, the compensation paid does not 
 on the average exceed one-fifth of what is regarded as 
 adequate compensation, but also that no modification of 
 the common law remedy can be made whereby these re- 
 sults will be materially improved. Hence that the old 
 common law remedy must be abandoned and a new 
 remedy substituted therefor. 
 
 34. Statistical studies exhibiting effects of old and 
 new systems of compensation. In the evolution of eco- 
 nomic and sociological problems of a nation, already 
 largely industrialized, gross inequalities in the material 
 condition of the different classes of its citizens arise, 
 and when the public mind becomes conscious of the 
 hardships flowing from these inequalities, the legislative 
 and judicial arms of the state are called upon to regulate, 
 to equalize, and to adjudicate equitably such econpmic 
 abuses and hardships. 
 
 The first steps to be taken in adjusting and relieving 
 society of the said abuses are to inquire into and deter- 
 mine what the exact causal facts are, from which flow 
 these abuses, before the legislative and judicial arms of 
 the State can formulate and apply a just and equitable 
 remedy. It is the determination of the causal facts of 
 these economic abuses and the magnitude of their evil 
 effects that constitute the most difficult step to accom- 
 plish, and upon the clear determination of which the 
 legislatures and the courts of last resort insist first upon 
 knowing, before they will enact and sustain the putting 
 into operation of an adequate remedy for the injurious 
 economic abuses involved in this problem.
 
 55 ECONOMIC BASIS. 35 
 
 Therefore, the discussion of "what provisions can be 
 made for workingmen and their dependents, to avoid 
 the economic insecurity which accompanies the modern 
 wage system," resolves itself into the following plan: 
 
 (A) The location and determination of the causal 
 facts and their fundamental characteristics which pro- 
 duce the economic insecurity of workingmen, and char- 
 acteristics which accompany the modern wage system, 
 shall first be analyzed. 
 
 (B) The remedy to cure these economic inequalities 
 and in what way the legislative and judicial authorities 
 of the States can put the proposed remedy into opera- 
 tion and perpetuate the same. 
 
 35. Statistical experience under compulsory State 
 insurance in Germany. In 1887 there were insured 
 against sickness and accidents in Germany 3,861,560 
 workingmen among 319,453 establishments, 1 and the 
 number of notices of accidents was 106,001. A special 
 analysis of the different elements of the causes of these 
 accidents will be found in the following section. 
 
 Persons 
 
 In 1907, these were Insured In Germany against accidents: 2 Insured 
 Industrial, building, and marine trade associations 
 
 (associations, 66; establishments, 637,118) 9,018,367 
 
 Agriculture and forestry trade associations (associa- 
 tions, 48; establishments, 4,710,401) 11,189,071 
 
 State executive boards (boards, 535) 964,589 
 
 21,172,027 
 
 In 1897 there were Insured In Germany against accidents In 
 the same associations and 409 State executive boards, 
 In round numbers 18,500,000 
 
 36. The question of fault and prevention of acci- 
 dents Compensation German statistics. The follow- 
 
 1 Fourth Special Report of the Commissioner of Labor, 1893, p. 82. 
 
 2 Frankel and Dawson, Worklngman's Insurance In Europe, 1910, 
 p. 101.
 
 3 WORKMEN S COMPENSATION AND INSURANCE. 56 
 
 ing table shows the accident statistics of industries for 
 the three years, 1887, 8 1897 3 and 1907, 4 under the Ger- 
 man law: 
 
 1887 
 By fault of Per cent. 
 
 Employer 20.47 
 
 Employe 26.56 
 
 Both parties 8.01 
 
 1897 
 
 Per cent. 
 17.30 
 29.74 
 10.14 
 
 1907 
 
 (46,000 
 
 accidents) 
 
 Per cent. 
 
 16.81 
 
 28.89 
 
 9.94 
 
 Due to negligence of the parties 55.04 
 
 Due to inevitable risks of the in- 
 dustries and other causes 44.96 
 
 100.00 
 
 57.18 
 
 42.82 
 
 100.00 
 
 55.64 
 
 44.36 
 
 100.00 
 
 This table, covering a period of 20 years of exper- 
 ience, shows not only the elements of fault which enter 
 into the problem, but also supplies a valuable basis for 
 further improvement of preventive measures, since from 
 55 to 57 per cent, of all accidents are due either to the 
 fault of the employer, employe, or their combined negli- 
 gence. 
 
 It is of interest in this connection that the tables of 
 the Minnesota and Wisconsin labor departments ascribe 
 from 40 to 50 per cent, of all industrial accidents, on the 
 average, as due solely to the inevitable risks of the busi- 
 ness. The Austrian tables show 70 per cent, are attri- 
 buted to this cause. 5 
 
 It is first to be noted that this table represents the 
 experience of the operation of the compulsory German 
 State Insurance Law, for a period of 25 years, under the 
 operation of which, from 4,000,000 to 21,000,000 work- 
 ingmen and their dependents engaged in all possible in- 
 
 3 Dr. George Zacher, Introduction to Workmen's Insurance in 
 Germany, p. 14. 
 
 4 Bulletin of Bureau of Labor, 1908, p. 120 and 47. 
 
 5 Report of the New York Commission, p. 25.
 
 57 ECONOMIC BASIS. 36 
 
 dustrial, governmental, and agricultural occupations of 
 a great nation, with respect to the determination of the 
 element of fault entering into the causes of accidents to 
 workmen. We shall define the natural hazard of any 
 occupation by the equation: 
 
 Inevitable risk -j- combined negligence of both em- 
 ployer and employe=natural hazard. 
 
 From this table it follows : 
 
 1887 1897 1907 
 
 Fault of both parties 8.01 10.14 9.94 
 
 Inevitable risks . _ 44.96 42.82 44.36 
 
 Natural hazard 52.97 52.96 54.30 
 
 Average, 53.41 per cent. 
 
 During the period 1887-1897 there were put under 
 the operation of the .German law the workingmen em- 
 ployed in the occupations of agriculture, forestry, build- 
 ing trades, to the number of 12,250,000, who heretofore 
 were not insured. 6 This large class of workingmen were 
 the most ignorant and poorest trained of all the work- 
 ingmen insured under the law. It will be seen that the 
 per cent, of the causes of accidents attributable to the 
 negligence of the employe increased from 26.56 per cent, 
 in 1887 to 29.74 per cent, in 1897, an increase of almost 
 3 per cent. During the next decade, 1897-1907, this ele- 
 ment of fault fell from 29.74 per cent, to 2'8.89 per cent, 
 while the number of such workingmen remained practi- 
 cally at the 12,000,000 mark. This is due to a gradual 
 improvement of the ways and means of preventing acci- 
 dents so carefully studied in Germany. 
 
 The superior intelligence of the employers made a 
 more marked improvement in the reduction of the ele- 
 ment of fault due to the employer's negligence. 
 
 Thus the causes of accidents attributable to the em- 
 
 Frankel and Dawson, Worklngmen's Insurance In Europe, p. 101.
 
 36 WORKMEN'S COMPENSATION AND INSURANCE. 58 
 
 ployer in 1887 was 20.47 per cent; in 1897 it fell to 17.30 
 per cent; and during the next decade it fell to 16.81 per 
 cent in 1907. But, notwithstanding these improvements 
 in the reduction of the element of fault, yet the per cent 
 of the causes of accidents due to natural hazard remains 
 practically constant, as shown, at 53.41 per cent. 
 
 This leads us to the first fundamental conclusion of 
 primary evidence in our problem: 
 
 That no matter how careful the employer is, or how 
 careful the employe may be, or how high the efficiency 
 of the State may rise in the application of ways and 
 means in the prevention of accidents, the natural hazard 
 remains practically constant. That on the average from 
 52 per cent to 53 per cent of the causes of all accidents 
 are due to the natural hazard of the business. 
 
 This is the first element of insecurity of workingmen 
 under the modern wage system, for the reason that an 
 injured workman can not recover at all in an action at 
 law for damages on account of an accident received 
 while working for his master until he can prove that his 
 master was negligent and that such negligence was a 
 contributing cause to his injury. 
 
 The object of giving an injured workman a cause of 
 action for injuries is not only to compensate the work- 
 man especially in the case of death or total disability, 
 but principally to furnish some compensation to his 
 dependents, who might become public charges when 
 their means of support are cut off by such an accident. 
 
 The entire equity side of our courts has been built 
 up on the theory that justice should be done between 
 man and man when the common law does not furnish 
 any remedy or does not furnish an adequate remedy. 
 
 Here in this problem there is the one element alone 
 of 52 per cent of all cases of injury for which the com- 
 mon law does not presume to furnish any relief at all
 
 59 ECONOMIC BASIS. 36 
 
 none for the injured workman and none for the depend- 
 ents who, in most of such cases, must be supported by 
 the community in which they live. This leads us to the 
 second fundamental conclusion of primary evidence in 
 our problem. 
 
 The table shows that the element of the causes of ac- 
 cidents which were attributable to the workingmen's 
 own negligence (taking the workmen of a State or Na- 
 tion as a whole) is on the average: 1/3 (26.56 per cent+ 
 29.74 per cent+28.89 per cent) =28.39 per cent. 
 
 The effect on dependents is just the same whether 
 the cause of the injury was due to the negligence of the 
 employe, to that of the employer, or to the natural haz- 
 ard of the business. The common law in theory denies 
 the injured workman relief in all of these cases, to-wit, 
 28.39 per cent, and, further, there is no cause of action 
 at all in the 53.41 per cent of the cases due to the natural 
 hazard. Or in the combination of the two elements, 
 natural hazard and negligence of the workmen, that is, 
 in 81.80 per cent of the cases of injury the common law 
 does not presume to furnish any compensation either to 
 the workman or his dependents. 
 
 The third conclusion of primary evidence in our 
 problem relating to the economic insecurity of the work- 
 ingman under the modern wage system in the United 
 States is: 
 
 That the per cent of cases of injuries to working- 
 men, the causes of which are attributable to the negli- 
 gence of the employer, is on the average but 18.20 per 
 cent of the cases. 
 
 It is susceptible of proof that the foregoing elements 
 of negligence of employer, employe, and natural hazard 
 are practically the same in the United States as they are 
 in Germany. 
 
 It will be hereafter shown in presenting the "Statis- 
 tical experience of workingmen under the common law
 
 37 WORKMEN'S COMPENSATION AND INSURANCE. 60* 
 
 and liability laws in the United States," that while in 
 theory the common-law remedy furnishes compensa- 
 tion in 18.20 per cent, of cases of injuries to working- 
 men, that, however, in practice that compensation in 
 any amount is paid in less than 6 per cent, to less than 
 \2 l /2 per cent, of the cases, and then only in amounts 
 about one-fifth of adequate compensation. 
 
 37. Experience in New York. During the years 
 1906, 1907 and 1908, ten insurance companies, which 
 keep employers' liability records, doing business in 
 New York, 7 received in premiums from 
 
 Employers $23,524,000 
 
 Paid to injured employes 8,560.000 
 
 Waste $14,964,000' 
 
 Nothing could more strikingly set forth the waste 
 of the present system. Only 36.34 per cent of what em- 
 ployers pay in premiums for liability insurance is paid 
 in settlement of claims and suits. Thus, for every $100 
 paid out by employers for protection against liability to 
 their injured workmen, less than $37 is paid to those 
 workmen ; $63 goes to pay the salaries of attorneys and 
 claim agents whose business it is to defeat the claims of 
 the injured, to the cost of soliciting business, to the cost 
 of administration, to court costs, and to profit. 
 
 Out of this 36.34 per cent the injured employe must 
 pay his attorney. The same report shows that the at- 
 torney gets 26.13 per cent of what is paid to the injured 
 employe. This investigation covers 46 cases where the 
 recovery was above $1,500 each. In small recoveries the 
 attorney fees take a larger proportion. This report 
 shows that not more than somewhere between 20 and 25 
 per cent of the money paid by the employing class goes 
 
 7 First report of the Employers' Liability Commission, New York, 
 p. 31.
 
 6 1 ECONOMIC BASIS. 38 
 
 actually into the pockets of injured workmen for their 
 dependent families in death cases. 
 
 38. The Pittsburgh survey. 7 * The investigation 
 recently conducted in Allegheny county, Pa., under the 
 direction of the Pittsburgh survey showed that out of 
 355 cases of men killed in industrial accidents, all of 
 whom were contributing to the support of others and 
 two-thirds of whom were married, 89 of the families left 
 received not more than $100, and 61 families received 
 something more than this $100. In other words, 57 per 
 cent, of these families were left by their employers to 
 bear the entire burden of income loss and granting that 
 all unknown claims would be decided for the plaintiffs, 
 then only 26 per cent, received in compensation for the 
 death of a regular income provided more than $500, a 
 .sum which would approximate one year's income of the 
 lowest paid of the workers killed. 
 
 The proportion of the loss borne by employers in in- 
 jury cases does not differ greatly from that in death 
 cases. 
 
 Thus, out of 288 injury cases, of the married men 
 alone, 56 per cent received no compensation; of single 
 men contributing to the support of others, 69 per cent 
 received no compensation; of single men without de- 
 pendents, 80 per cent received no compensation. 
 
 39. The Wisconsin bureau of statistics. The 
 
 great financial losses borne by the workmen are set forth 
 by the Wisconsin bureau of labor and statistics in the 
 
 following report of 306 non-fatal cases of injuries : 
 
 Cases. Per cent. 
 
 Beceived' nothing from employer 72 23.5 
 
 Received amount of doctor bill only 99 32.4 
 
 Received amount of part of doctor bill only 15 4.9 
 
 Received something in addition to doctor bills 91 29.7 
 
 Received something but not doctor bills 29 9.5 
 
 Total 306 100.0 
 
 TIn Work Accidents and their Cost by Crystal Eastman, Chari- 
 ties and the Commons, March, 1909.
 
 40 WORKMEN'S COMPENSATION AND INSURANCE. 62 
 
 In other words, we may say that in two-thirds of the 
 cases part or all of the doctor bills were paid, but in less 
 than one-third was anything more paid, and in about 
 one-fourth of the cases nothing whatever was paid. 
 
 Of 131 non-fatal cases in Wisconsin, concerning 
 which reports were secured by factory inspectors, the 
 following disposition was made: 
 
 Cases. Per cent. 
 
 Received nothing from employer 28 21.37 
 
 Received doctor bills only 56 42.75 
 
 Received something doctor bills 10 7.63 
 
 Received something, but not doctor bills 34 25.96 
 
 Not settled _ 3 2.29 
 
 Total 131 100.00 
 
 40. The report of the Illinois commission. The 
 employers' liability commission of the State of Illinois 
 has recently made a report of its investigation of indus- 
 trial accidents and employers' liability at a cost of 
 $10,000. 8 
 
 More than 5,000 individual accidents were investi- 
 gated and recorded, together with comparative figures 
 and analysis. A few words as to what the report shows 
 may be of value : 
 
 Six hundred and fourteen fatal accidents are re- 
 corded. 
 
 The families of 214 of these workers received nothing 
 in return for the loss of the bread-winner. 
 
 One hundred and eleven damage suits are pending in 
 court. 
 
 Twenty-four cases have been settled through court 
 proceedings. 
 
 Two hundred and eighty-one families settled direct 
 with the employer. 
 
 Skilled railroad employes, in settlement for death 
 
 8 The summary which follows, is taken from statistics prepared 
 by Edwin R. Wright, Secretary of the Commission.
 
 63 ECONOMIC BASIS. 4O 
 
 claims, averaged about $1,000; steel workers, $874; rail- 
 road laborers, $617; skilled building tradesmen, $348; 
 skilled electric railway employes, $310; unclassified 
 workmen, $311; miscellaneous trades, $292; packing- 
 house employes, $234; general laborers, $154; mine 
 workers, $155; electric railway laborers, $75; teamsters, 
 none ; building laborers, none. 
 
 A further summary may be offered. Of every 100 
 industrial accidents, 15 go to court 7 are lost and 8 are 
 won. Ninety-two injuries out of every one hundred re- 
 ceive no compensation. This includes both fatal and 
 non-fatal accidents. 
 
 Another interesting feature is this : A thorough search 
 through the record reveals 53 fatal cases of recent date. 
 In fatal cases the usual defenses of the employer the 
 fellow-servant doctrine, assumption of the risk, etc. 
 did not apply or there would not have been a recovery 
 at all. 
 
 For these the very pick of industrial cases the 
 average recovery for death was only $1,877.36. Of this 
 an average amount of $750.95 was paid to attorneys or 
 expended in court fees, etc., leaving an actual payment 
 of $1,126.41 to the family of the dead worker. Thirty- 
 four widows were compelled to seek employment and 65 
 children left school to help keep the wolf from the door. 
 
 41. Ohio statistics. The following table shows 
 the results of investigations of the economic effects of 
 industrial accidents on workingmen and their depend- 
 ents, for the period of 1905-1910, in Cuyahoga county 
 (Cleveland), Ohio, prepared under the direction of the 
 author for the Ohio legislature. 9 
 
 o See Report of the Employers' Liability Commission of Ohio, Pt. 
 I, pp. XXXV-XLIV.
 
 42 WORKMEN'S COMPENSATION AND INSURANCE. 64 
 
 TABLE SHOWING PER CENT RECEIVING SETTLEMENT IN 
 FATAL CASES. 
 
 
 cases 
 
 at 
 
 's-t 
 <U 
 
 a 
 o 
 
 ^ ^ 
 
 t: n< 
 
 4_> ^j 
 
 O 4- 1 
 
 03 
 
 S? 
 
 03 
 
 g 
 
 ft 
 
 mmon 
 
 S 
 
 E 
 i 
 
 L 
 
 n 
 
 
 
 B 
 
 ^ 
 
 [^ O 
 
 ei 
 
 o 
 
 fi 
 
 
 
 Civil status of 
 decedent. 
 
 *-t 
 o 
 
 8 
 
 I 
 
 il b 
 
 a ? 
 
 S 2 ^ 
 
 ^55 fl fci 
 
 S -M p 
 
 fl& O 
 
 M 
 
 a o 
 
 J3 "^ 
 
 i 
 
 ecuring 
 
 w 
 
 s 
 
 
 s 
 
 g g 
 
 i- 1 d 
 
 
 ". 1 
 |1 
 
 
 >i 
 
 rj y 
 
 jj ^ 
 
 * bo -M 
 
 cc 
 
 09 
 
 i 
 
 
 
 i 
 
 55 o 
 
 _ , .^j 
 
 a ^ 
 
 
 o 2 
 
 
 
 
 
 
 A) 
 
 III 
 
 S P 
 K M O 
 
 ^ 
 
 .at 
 
 <?* "5 
 
 CU 03 
 
 fc M 
 
 04 5 
 
 Married 
 
 
 115 
 
 37 
 
 10 
 
 
 i 
 
 41.7 
 
 58.3 
 
 Single _ 
 
 
 60 
 
 14 
 
 
 
 i 
 
 25.0 
 
 75.0 
 
 Total 175 51 10 2 36.0 64.0 
 
 A settlement was made with the dependents in 36 
 per cent of all the cases, and in 42 per cent of those in 
 which the decedent left a widow. In practically all of 
 these cases an amicable settlement was made with the 
 representative of the deceased, appointed by the probate 
 court, either out of court in the first instance or after the 
 institution of a suit. 
 
 42. Average amount received in settlement in 
 Ohio under old system. An examination of 285 fatal 
 cases proved that the average amount paid per case was 
 $838.61. In 176 of these cases the decedent left a widow, 
 and the average settlement was $1,056. The exact fig- 
 ures are given in the following table: 
 
 TABLE SHOWING AVERAGE AMOUNT RECEIVED IN DEATH 
 
 CASES. 
 
 Average 
 
 Civil status of decedent. Number amount 
 
 of cases. received. 
 
 Married 176 $1,056,51 
 
 Single 109 485.87 
 
 Total 285 $ 838.61 
 
 The amount received varied from funeral expenses 
 to $5,000. In the case of the dependents of 109 single
 
 05 ECONOMIC BASIS. 42 
 
 workingmen killed, the average amount received was 
 
 $485.87. 
 
 TABLE SHOWING AVERAGE AMOUNT OF SETTLEMENT OF 
 
 FATAL CASES WITHIN SPECIFIED LIMITS, AS 
 
 DISCLOSED BY COURT RECORDS. 
 
 Average. 
 
 Range of amount Court in which settlement No. of amount of 
 
 of settlement. was made. cases. settlement. 
 
 Up to $300 Common pleas court 15 $ 178.93 
 
 United States circuit court 4 187.50 
 
 Probate court 116 ' 161.05 
 
 Total 135 . $ 163.83 
 
 $300 to $1,000 Common pleas court 14 $ 542.85 
 
 United States circuit court 10 587.54 
 
 Probate court 83 507.78 
 
 Total 107 $ 519.81 
 
 $1,000 to $2,000__Common pleas court 8 $1,231.25 
 
 United States circuit court 14 1,290.00 
 
 Probate court 49 1,270.59 
 
 Total 71 $1,269.98 
 
 $2,000 to $4,000 Common pleas court 6 $2,241.67 
 
 United States circuit court 7 2,364.28 
 
 Probate court 29 2,704.13 
 
 Total 42 $2,581.13 
 
 $4,000 and over Common pleas court 1 $4,500.00 
 
 United States circuit court 6 5,419.17 
 
 Probate court 8 4,687.74 
 
 Total 15 $4,991.66 
 
 Total in common pleas court 45 $ 915.20 
 Total in United States circuit 
 
 court 40 1,775.26 
 
 Total in probate court 285 838.61 
 
 Total . 370 
 
 $ 949.19 
 
 These conclusions are deduced from this table. 
 
 5 BOTD W C
 
 43 WORKMEN'S COMPENSATION AND INSURANCE. 66 
 
 First. That the total amount of compensation re- 
 ceived by the dependents of 313 workingmen out of a 
 total number of 370 killed (or 87.86 per cent) of those 
 receiving settlement is $165,905.35, which is only 47.81 
 per cent of the total amount, $351,200.35, paid to the de- 
 pendents of the 370 workingmen killed; that the total 
 amount of compensation received by the dependents of 
 57 of these 370 workingmen killed (or 12.14 per cent of 
 those receiving settlement) is $183,295, which is 52.19 
 per cent of the total amount paid the dependents of the 
 370 workers. 
 
 Second. That on the average in Ohio, taking the 
 best 15 cases out of the 370 families left dependent by 
 death of the breadwinners, receive on the average $4,- 
 991.66. Deducting now (see next section) 25 per 
 cent for attorney fees and $300 for doctors' bills, funeral 
 expenses, and interest due to delays in making settle- 
 ments (assuming that the largest damages are paid to 
 the earners of the largest wages), we have $3,443.75 as 
 the maximum compensation paid under the present sys- 
 tem on an average for each of the best 4 cases out of 
 100 families left dependent when the head of the family 
 is killed in industrial employment. The obligatory in- 
 dustrial insurance act passed by both houses of the Leg- 
 islature of Ohio in May, 1911, provides a maximum of 
 $3,400 and a minimum of $1,500, and doctors' bills and 
 hospital expenses not to exceed $200 in all cases. 
 
 43. Attorney fees under old system in Ohio. It 
 was intended to give in the following table an accurate 
 idea of what per cent, of the amount of settlement is re- 
 tained by the plaintiff's attorney as remuneration for 
 his services. Specific amounts were ascertained in so 
 few cases however that the table as given will be mis- 
 leading unless taken with a few grains of allowance. The 
 great majority of the cases included in it were settled 
 either out of court or before going to trial. The aver-
 
 67 ECONOMIC BASIS. 44 
 
 age for these cases is shown to be about 24 per cent, 
 and this includes both fatal and non-fatal cases. 
 
 The table shows that approximately one-fourth of 
 the amount received was paid out as plaintiffs' attorney 
 fees and as court costs. 
 
 TABLE SHOWING ATTORNEY PEES UNDER OLD SYSTEM IN 
 
 OHIO. 
 
 o 
 
 1 
 
 M 
 
 
 
 H 
 
 O 
 
 
 a 
 
 
 
 a 
 
 
 
 Court. a 
 
 02 
 
 
 
 5 
 
 h 
 
 1* 
 
 a 
 
 
 I * 
 
 03 
 
 C3 O 
 
 3 B 
 
 8 
 
 3 6 
 2 o 
 
 g 
 
 {3 
 
 
 o -g 
 
 Jj 
 
 O 
 
 .2 
 
 -2 
 
 H i 
 
 H 13 
 
 
 
 Common pleas 
 
 53 
 
 $78,500 
 
 $20,650.82 
 
 263 
 
 United States circuit court 
 
 13 
 
 56,850 
 
 14,100.00 
 
 24.6 
 
 Probate Court 
 
 88 
 
 97,862 
 
 19,918.73 
 
 20.3 
 
 
 
 
 
 
 44. Social and economic results of accidents. An 
 individual investigation to determine the social and eco- 
 nomic conditions of families deprived by industry of their 
 breadwinners was made in 86 cases. The results, as 
 compiled in the following table, show that nearly 56 per 
 cent, of the widows were compelled to go to work, and 
 at an average weekly wage of $5.51. Altogether in 
 these homes there were 178 children, about 70 per cent, 
 of whom were under twelve years; 59 per cent, of the 
 others were forced to go to work. The wretched condi- 
 tion in which some of these families were found can not 
 be depicted by means of tables. 
 
 TABLE SHOWING SOCIAL AND ECONOMIC CONDITIONS OF 
 WIDOWS AND CHILDREN. 
 
 WIDOWS. 
 
 
 >mpelled 
 
 Q 
 
 o 
 
 02 
 
 
 4-* 
 *M 
 
 o 
 
 
 
 
 s 
 
 -' 
 
 I 
 
 irtained. 
 
 1 
 
 o 
 
 4-1 
 O 
 
 
 3 
 
 
 
 1 
 
 
 B 
 
 i 
 
 
 
 c. 
 
 
 
 o 
 
 
 ^ 
 
 
 a 
 
 h 
 
 
 
 
 o 
 
 -w 
 g 
 
 ! 
 
 s 
 
 Id 
 o 
 o 
 
 * 
 
 eS 
 
 2 
 
 g 
 
 o 
 
 E 
 o 
 & 
 
 o 
 
 2 Si 
 
 0; tO 
 
 s 
 
 
 9 
 
 5< 
 
 O 
 
 
 
 > 
 
 fc 
 
 s 
 
 
 
 
 I 
 
 p. ~ 
 < ^ 
 
 Widow's homes visited. 86 48 55.8 38 79.2 $5.51
 
 45 WORKMEN'S COMPENSATION AND INSURANCE. 68 
 
 CHILDREN. 
 
 Number to go to 
 Ages. Number. work. 
 
 Per cent. 
 
 Under 12 124 ._ 00 
 
 12 to 18 45 27 or 60 
 
 IS to 21 9 5 or 55 
 
 Total 178 32 
 
 Fifty-six per cent, of the widows visited and 18 per 
 cent, of the children were forced to go to work to earn 
 a livelihood as a result of the industrial accidents. 
 
 45. Liability insurance statistics in Ohio. In 
 
 making settlements of 65,800 accidents covering a period 
 of about eight years, in Cleveland, Ohio, the Aetna Lia- 
 bility Insurance Co. made payments of any kind in only 
 6 per cent, of the cases. 10 
 
 46. German statistics analyzed. In 1887 there 
 were insured in Germany 3,861,560 workingmen among 
 319,453 establishments, and the number of notices of 
 accidents was 106,001. The German analysis of the 
 15,970 accidents which incapacitated workmen for more 
 than 13 weeks shows: 
 
 That 19.76 per cent, of the 15,970 or 3,156 injuries, 
 were attributable to the fault of the employers. That 
 25.64 per cent, of the 15,970, or 4,094 injuries, were at- 
 tributable to the fault of the injured. That 54.60 per 
 cent, of the 15,970, or 8,720 injuries, were attributable to 
 the combined fault of the injured and employer, and in- 
 evitable risk when at work. 11 Thus 80.24 per cent, of 
 15,970, or 12,814 injuries were attributable to the fault 
 of the employe and the inherent dangers of the industry. 
 Now, 18.51 per cent, of these 12,814 were killed, 2,372; 
 17.70 per cent, of these 12,814 were totally disabled, 
 
 10 See Report of Ohio Employers' Liability Commission, Pt. 
 II, p. 208. 
 
 n Fourth Special Report of the Commission of Labor, 1893, p. 83. 
 See also Table following page.
 
 69 ECONOMIC BASIS. 46 
 
 2,268; 50.88 per cent, of these 12,814 were partly dis- 
 abled, 6,520. 
 
 CAUSES OF ACCIDENTS IN 1887.12 
 
 Attributable causes. Per cent. Number 
 Fault of employer : 
 
 Insufficient apparatus for protection 10.64 1,700 
 
 Defective arrangement for carrying on business 7.03 1,122 
 
 Lack of directions or improper ones 2.09 334 
 
 Total 19.76 3,156 
 
 Fault of injured : 
 
 Awkwardness or inattention 16.49 2,634 
 
 Disobedience to orders 5.17 825 
 
 Heedlessness 1.98 316 
 
 Failure to make use of protective apparatus 1.76 281 
 
 Unsuitable clothing .24 38 
 
 Total 25.64 4,094 
 
 Fault of the employed and injured 4.45 711 
 
 Fault of third person, particularly a co-laborer 3.28 524 
 
 No fault which can be assigned 3.47 554 
 
 Inevitable risk when at work 43.40 6,931 
 
 Of these 12,814, 12.91 per cent, were incapacitated 
 for a time longer than 13 weeks, 1,654. 
 
 It follows, therefore, that out of 15,970 employes 
 whose injuries lasted more than 13 weeks, the common- 
 law remedies would give 3,156 employes such compensa- 
 tion as a jury would assess after a trial and all appeals 
 were settled. 18 But the common law does not pretend 
 to compensate dependents of the 2,372 killed in these 
 accidents where the cause of death could not be at- 
 tributed wholly to the fault of the employer. Nor does 
 the common law pretend to compensate the 2,268 in- 
 jured workmen who were disabled for life, the fault not 
 being attributable to the employer. Nor does the com- 
 
 12 Fourth Special Report of the Commission of Labor, 1893, p. 
 83. 
 
 is Schonberg, Hanbuch, Vol. II, XXII, pp. 737-748.
 
 47 WORKMEN'S COMPENSATION AND INSURANCE. 70 
 
 mon law offer any remedy for compensating the 6,520 
 injured workmen who were partially disabled, the fault 
 thereof not being traceable to the employer. 
 
 RESULTS OF ACCIDENTS IN 1887. 
 
 Results. Per cent. No. 
 
 Death 18.51 2,956 
 
 Incapacity for a time longer than 13 weeks 12.91 2,061 
 
 Lasting incapacity for work: 
 
 Entire 17.70 2,827 
 
 Partial 50.88 8,126 
 
 Total 68.58 10,953 
 
 47. Classification of causes of accidents in Ger- 
 many. A classification of the causes of accidents to 
 46,000 employes collected by the German imperial insur- 
 ance office for the year 1907 shows the following re- 
 sults. 14 
 
 1. Due to negligence or fault of employer 16.81 
 
 2. Due to joint negligence of the employer and injured 
 
 employe 4.66 
 
 3. Due to negligence of co-employe's (fellow servants) 5.28 
 
 4. Due to "acts of God" 2.31 
 
 5. Due to fault or negligence of employe 28.89 
 
 6. Due to inevitable accidents connected with the employment- 42.05 
 
 Total 100.00 
 
 These figures grouped to correspond to those for one year, 1887 
 are: 
 
 1. Cause of accident attributable to employer 16.81 
 
 2. Cause of accidents attributable to employe 28.89 
 
 3. Due to the inherent risks of the business... _ 54.30 
 
 Total 100.00 
 
 The agricultural laborers were admitted to insurance 
 after 1887, and the act was made to cover a large addi- 
 tional class of less intelligent laborers. 
 
 48. Miscellaneous data. The 19,000,000 work- 
 ingmen who earn on an average less than $500 per 
 
 i* Bulletin Bureau of Labor, January, 1908.
 
 71 ECONOMIC BASIS. 48 
 
 annum, with their families, represent a population of 
 60,000,000 people. 
 
 Every civilized nation has decided that the product 
 of labor of a given generation must support all during 
 that time. 15 . 
 
 Looked at from a purely commercial standpoint, that 
 of rearing of men and women for the purpose of pro- 
 ductive laborers, the elements of cost and waste have 
 been studied with accurate results. 
 
 There is the rearing of the children to the age of self- 
 support, with the result that 13 per cent die during that 
 period; during the assumed productive life of wage 
 earners, it is estimated that the loss from death is 25 
 per cent in the United States. 16 The loss through sick- 
 ness is 6 per cent. 17 Then you must add the cost, in 
 money and time, of accidents and the support of the 
 aged. 
 
 Under these conditions, it is claimed that the con- 
 tract of labor through some inadvertence is made as 
 though sickness, accident, invalidity, and old age had 
 been permanently banished from the earth; that the 
 daily wage is sufficient only for daily necessities; that a 
 man entitled to support for a lifetime unwillingly con- 
 sents to a wage based upon a portion of that lifetime, 
 for the competition in the field of labor is among the 
 strong, the able-bodied, the efficient. 18 
 
 We are surprised when told that Germany's poorer 
 classes, though less favored by circumstances, maintain 
 a higher level of well-being and far higher level of vital- 
 ity than those of the United States and England. 19 
 
 In industries outside of agriculture, for the sake of 
 
 is F. A. Walker, The Wage Question, p. 34. 
 
 i F. A. Walker, Wages, p. 35. 
 
 i? C. S. Loch, Insurance and Savings, p. 50. 
 
 18 A. W. Lewis, State Insurance, p. 7. 
 
 19 A- Shodwell. Industrial Insurance, Vol. 2, p. 453.
 
 48 WORKMEN'S COMPENSATION AND INSURANCE. 72 
 
 comparison we might take $600 per annum as a mini- 
 mum wage, based upon a family of five. 20 
 
 In Massachusetts during a period of great prosper- 
 ity with the necessary attendant cost of living, out of 
 300,000 adult workmen, only two-fifths received as much 
 as $12 per week. Making only proper allowance for 
 unemployment, this would amount to considerably less 
 than $600 per year. 21 It has been said that the 18,000,- 
 000 wage earners of the United States receive an aver- 
 age wage of only $400 per annum. 22 
 
 It is said that one-half of the families of the country 
 and nine-tenths of those in the cities and industrial com- 
 munities are propertyless ; that in a group of States, in- 
 cluding Massachusetts, one-fifth are in poverty; 23 that 
 one-twentieth are paupers; 24 that one-eighth of the 
 families hold seven-eighths and one per cent hold over 
 one-half of the property of the country; 25 and that 71 
 per cent of the people hold 5 per cent of the wealth; 28 
 that one-eighth of the families receive over one-half of 
 the total income; and that two-fifths of the better-paid 
 laborers receive more than the remaining three-fifths. 27 
 
 We can derive no comfort from the statistics of sav- 
 ings-bank deposits. Take Massachusetts, where there 
 seems to be an average deposit of about $300. Investi- 
 gation shows that, while far the largest number of de- 
 
 20 J. A. Ryan, A Living Wage, p. 150. 
 
 21 Compare Massachusetts Labor Bulletin, No. 44, December, 1906, 
 p. 430, with thirty-seventh annual report, 1906, Massachusetts Bureau 
 of Statistics of Labor, pp. 279-281. 
 
 22 Address before American Association for Advancement of 
 Science, December 27, 1906, by H. L. Call. 
 
 23 Hunter, pp. 43-60. 
 
 24 R. T. Ely, in North American Review, Vol. 152, p. 398. 
 
 25 C. P. Spahr, Present Distribution of Wealth in the United 
 States, p. 69. 
 
 2 O. K. Holmes, in Political Science Quarterly, Vol. Ill, p. 593. 
 27 G. K. Holmes, in Political Science Quarterly, Vol. Ill, pp! 128- 
 129.
 
 73 ECONOMIC BASIS. 48 
 
 posits belong to the wage-earning class, the deposits of 
 thirteen-fourteenths of the whole number are but slight- 
 ly larger than those of the remaining one-fourteenth; 
 that in a typical bank the average deposit of wage-earn- 
 ers was less than $75. 28 
 
 In England "it took 25 years of legislation to re- 
 strict a child of 9 to 69 hours per week." 29 "It took 75 
 years to ascertain that the factory act, instead of weak- 
 ening, had strengthened her in the world's rivalry." 30 
 
 The assumption of any function by the State, like 
 that of compulsory public education, is based upon high- 
 er grounds than compassion for a class. On what 
 grounds does the State regulate the cholera, bubonic 
 plague, and build and maintain institutions for paupers 
 and for the insane? Why not begin higher up and pre- 
 vent pauperism and assist those who do work of the 
 nation and must fight its battles, who can not protect 
 themselves from having an eye put out or an arm or leg 
 cut off or their lives crushed out? 
 
 The fourth element which enters into the determina- 
 tion of the economic insecurity of workingmen under 
 the modern wage system is the following: While, theo- 
 retically, injured workmen have a cause of action at law 
 against their employers in 18.19 per cent, of the cases of 
 injuries to them, we learn further from this table that 
 the per cent of accidents the causes of which are attri- 
 butable to the combined negligence of the employer and 
 employe is 9.94 per cent, and from the German statis- 
 tics we learn that the portion of this 9.94 per cent which 
 is due to the negligence of fellow servants is 5.28 per 
 cent. But in the cases which come under the fellow- 
 servant rule the injured workmen can not recover. Sub- 
 
 28 Massachusetts Bureau of Labor Statistics, Third Annual Report, 
 pp. 304-313 ; Fourth Annual Report, p. 192. 
 
 29 Hutchinson and Harrison, p. 21. 
 
 so Traill, Social England, Vol. VI, p. 825.
 
 49 WORKMEN'S COMPENSATION AND INSURANCE. 74 
 
 tracting 5.28 per cent from the 18.19 per cent there is 
 left only 12.91 per cent of the cases in which injured 
 workmen can theoretically recover under the common 
 and liability laws for personal injuries received while 
 at work. See table 47. 
 
 49. Statistical results of the per cent, of work- 
 ingmen who receive compensation under the common 
 law and liability laws. Prior to the adoption of com- 
 pulsory State insurance in Germany, under the opera- 
 tion of common and liability laws injured workingmen 
 received compensation in only 10 per cent, of the 
 cases. 81 
 
 By reference to the preceding tables of results in 
 the different States and making allowance for the rot- 
 ting of evidence between the time of the accident and 
 that of the trial of the case, the statistics of the practical 
 operation of the workingman's ability to recover com- 
 pensation in the United States verifies the German stat- 
 istics that he can theoretically recover in from 6 to 12 
 per cent, of the cases. 
 
 The fifth element which enters into the determina- 
 tion of the "economic insecurity of workingmen under 
 the modern wage system" is gathered from the miscel- 
 laneous data. The preceding section shows: 
 
 (a) That in the rearing of children to the age of 
 self-support 13 per cent die during that period; (b) 
 That in the United States during the assumed produc- 
 tive life of wage earners it is estimated that the loss 
 from death is 25 per cent; (c) That the loss of wages 
 through sickness of workingmen is 6 per cent., say- 
 ing nothing about the cost of supporting the aged, etc. 
 
 Lastly, there is still the very important sixth element 
 of the said insecurity that is, the average compensa- 
 
 31 Fourth Special Report of Commissioner Wright, 1893.
 
 75 ECONOMIC BASIS. 50 
 
 lion received by the dependents of a workman killed 
 while at work under the present wage system. 
 
 Take the most favorable cases, called court cases; 
 .for example, in the Ohio table in a preceding sec- 
 tion. 33 The average compensation received by the fam- 
 ily of the worker in fatal cases is $949. Deducting 25 
 per cent for attorney fees and $212 for funeral expenses 
 and the costs of delay of settlement, and you have a net 
 compensation of $500. Under the Ohio law, just passed, 
 the workman receiving the average wages of $12 per 
 week would receive $2,400. 34 Thus the small per cent 
 who receive any compensation under the present wage 
 system receive on the average about one-fifth of what 
 is regarded as a reasonably adequate compensation. 
 
 50. Fundamental economic conclusions. The 
 
 foregoing statistical studies show conclusively that 
 (and to what extent) the social and economic or- 
 der of the people of the United States is gravely 
 threatened in the permanency of its security by the 
 economic insecurity of the workingmen which accom- 
 panies the modern wage system under the operation of 
 the prevailing common and liability laws through which 
 workingmen must seek compensation when they are 
 injured in the due course of their employment. 
 
 Further, it should be said that the ultimate object of 
 compulsory State insurance for workingmen is to con- 
 serve the normal capacity of the average worker of all 
 the classes of workingmen and to maintain the same at 
 the highest possible efficiency. 
 
 ss See 41. 
 
 s-* In the opinion of the writer the scientific and economic value 
 to society of the statistical results which are set forth in Section 36 
 are, of all the economic statistics known to the writer, of the great- 
 est importance; and that the conclusions derived by means thereof 
 are new discoveries in the field of political economy.
 
 5i WORKMEN'S COMPENSATION AND INSURANCE. 76 
 
 51. Remedies proposed German and English 
 plans. The German plan of insurance against accidents 
 had paid out $802,000,000 during the last 20 years end- 
 ing in 1904. Of this total sum $555,750,000 was paid on 
 account of sick insurance, $232,750,000 on account of 
 accidents, and $13,500,000 on account of invalidism and 
 old age. 
 
 To the fund necessary to make these payments the 
 employer contributed $424,500,000. The employes con- 
 tributed $377,000,000 and the Imperial Government paid 
 a portion of the cost of administration and a small por- 
 tion of the funds necessary to take care of invalidism and 
 old age (50 marks in each case insured). 
 
 The general rules are, in respect to the raising of 
 the insurance fund, that the employes should pay two- 
 thirds of the fund necessary to take care of sick insur- 
 ance, which lasts for 13 weeks, and the employers pay 
 one-third. In the case of accident insurance the em- 
 ployers pay about 85 per cent, and the employes 15 per 
 cent. In the case of invalidism and old-age insurance 
 the Imperial Government pays $12.50 for each person 
 insured, and the remainder of the fund is paid half and 
 half by the employers and employes. 
 
 The German plan in 1907 had 27,172,000 working- 
 men insured against sickness, accidents, and old age out 
 of a population of 62,000,000 people. 
 
 Now, briefly, the English plan, which in 1908 had 
 13,000,000 workingmen insured, is the following: 
 
 In case of death, the compensation paid is at most 
 three years' wages, at 300, or $1,460, with a minimum 
 payment of three years' wages at 150, or $730. In 
 case of disability which lasts longer than one week the 
 compensation paid is one-half week's average wage, not 
 to exceed $4.87, as long as the disability lasts. Respon- 
 sibility for the payment of the compensation rests sole- 
 ly on the employers, and they are not required to insure.
 
 77 ECONOMIC BASIS. 51 
 
 In both the German and English plans the rules of con- 
 tributory negligence, assumption of risk, and the fellow- 
 servant rules are abolished, and the only kind of negli- 
 gence recognized is that of malicious negligence on the 
 part of the employer or employe. 
 
 Now, the common law does not presume to furnish 
 .a plan of relief except where it can be proven that the 
 defendant is at fault; therefore the common law does 
 not presume to furnish any relief for something like 80 
 per cent of all workingmen injured and killed in the 
 United States, and the lowest estimate of the number 
 of persons injured and killed in the industrial accidents 
 in 1909 is 536,000 people. 
 
 In the battle of Gettysburg, which lasted three days 
 in actual righting, there were killed and wounded and 
 missing 43,500 soldiers, and if, therefore, you were to 
 have a battle of Gettysburg in one of each of 12 divi- 
 sions of the United States, one in one month, say, in the 
 neighborhood of Boston, and the next month in the 
 neighborhood of New York City, a third at Washington, 
 a fourth at New Orleans, a fifth at Cincinnati, one at 
 Pittsburgh, a seventh at Chicago, one at St. Louis, one 
 in Minneapolis, one in Denver, one at Portland, Ore., 
 and wind up at the end of the year at San Francisco, 
 you would not create quite the damage and destruction 
 which takes place in the conduct of our industries for 
 one year; yet the common law does not pretend to fur- 
 nish any relief or remedy, except in those cases in which 
 the employer is negligent, and the best figures indicate 
 that it does not exceed 20 per cent of all injuries, and 
 even the part of that relief which reaches the employes 
 is less than one-fifth of what the employers pay out to 
 protect themselves against the liability arising out of 
 injuries to workingmen in industrial accidents.
 
 52 WORKMEN'S COMPENSATION AND INSURANCE. 78 
 
 52. Specific provision against the economic in- 
 security of workingmen in the United States. Legisla- 
 tive agents and those best informed on the subject of 
 compensating the workingmen injured in the due course 
 of their employment agree that the most just and effi- 
 cient remedy is that known as industrial insurance along 
 the lines of the German plan, or a workman's compensa- 
 tion act along the lines of the British act. 
 
 Perhaps the most concrete illustration of the adap- 
 tation of the German plan of industrial insurance to the 
 compensation of injured workmen now in operation in 
 the United States is the Ohio workman's compensation 
 act. The following statistical data is taken from the 
 report of the experts for the Ohio commission which 
 was prepared by Emile E. Watson, investigator in 
 chief. 35 The facts and the Ohio law are fairly typical 
 of the conditions and the proposed remedies in respect 
 to industrial insurance as they exist today in the United 
 States. They are of the highest scientific importance. 
 The results are briefly summarized in the following 
 paragraphs : 36 
 
 1. (a) Under the old system the Ohio workman 
 who was killed while at his employment got an average 
 settlement of $958X36^100, or $344.88. 
 
 (b) Under the new workmen's compensation plan 
 he will receive an average settlement of $2,444. 
 
 2. (a) Under the former system the widow and 
 the children of the injured are obliged to pay 24 per 
 cent of this $344.88 to lawyers and to the courts, (b) 
 Under the workmen's compensation plan they will re- 
 ceive all the $2,444, not having to pay a penny for at- 
 torney or court costs. 
 
 3. (a) Under the old system only 36 per cent of 
 
 35 Report of the Employers' Liability Commission of Ohio, Pt. I, 
 p. XXXV. 
 
 se See tables in 41-45.
 
 79 ECONOMIC BASIS. 52 
 
 those workingmen who were killed while at their work 
 received anything at all, leaving 64 per cent absolutely 
 without compensation, (b) Under the workmen's com- 
 pensation plan every workingman killed, not by his own 
 wilful carelessness, or in other words, by suicide, will re- 
 ceive full compensation, meaning that from 80 to 95 
 per cent are to receive compensation. 
 
 4. (a) Under the old system, of this 36 per cent 
 who actually received anything at all 60 per cent got 
 somewhere between $50 and $500, and 12 per cent of 
 those injured got more than 50 per cent of the total 
 amount that was paid out for injuries, (b) Under the 
 new system not only will the 80 to 95 per cent receive on 
 an average of $2,444 each, but the difference in wages ; 
 for instance, where the workman receives a wage of $2 a 
 day and is killed, his widow and children will receive a 
 compensation of $2,444, whereas the widow and children 
 of the workman who receives $3 a day will get $3,400. 
 
 5. (a) Under the old system, where the workman 
 was killed the widow and children of the 36 per cent who 
 got anything at all had to wait from one to five years 
 before they got it, in which period the widow buried 
 her husband, the wages of the husband stopped 
 coming in on Saturday night, and the mother was 
 forced from her home to the washtub, or the scrub rag, 
 and part of the children were taken from school to live 
 a life of slavery and drudgery; they were forced to 
 live in hovels because rent was cheap there, and in this 
 way tuberculosis and other diseases were contracted, 
 (b) Under the workmen's compensation plan there is 
 no delay whatever the $2,444 (the average compensa- 
 tion received) being paid at once. As a rule this amount 
 is not to be paid in a lump sum, but in the same manner 
 as the husband received his regular weekly wage. In 
 this way the widow will not be forced to lower the stand- 
 ard of living for herself and her children, and she will be
 
 I 52 WORKMEN'S COMPENSATION AND INSURANCE. 80 
 
 shielded from the washtub and the scrub rag and be 
 enabled to keep her children in school until she has edu- 
 cated them. 
 
 6. (a) The old system results in 56 per cent of 
 the widows and 18 per cent of the children of the in- 
 jured workman going to work in order to earn a liveli- 
 hood, because of the great mass who receive nothing 
 and because of the court delay and costs involved to 
 those who actually do receive something, (b) The work- 
 men's compensation plan will result in not more than 
 10 per cent of the mothers and 4 per cent of the children 
 going to work as a result of the death of the bread- 
 winner, because there will be from 80 to 95 per cent who 
 will receive compensation of a uniform nature an aver- 
 age compensation of $2,444 without any costs and 
 without any delay in securing the same. 
 
 Every employer covered by the act, who fails to 
 come under this workmen's compensation plan is denied 
 the protection of the fellow-servant, contributory negli- 
 gence, and assumed risk doctrines. 
 
 The employe who is working under an employer 
 who has come under the compensation plan is required 
 to accept terms of settlement as prescribed by the com- 
 pensation plan. 
 
 The State is made custodian of a fund which is 
 created for the purpose of taking care of all claims 
 which arise under the workmen's compensation plan. 
 The employer contributes ninety and the employe ten 
 per cent, of this fund. 
 
 53. Argument for joint contribution by employer 
 and employe. The argument for making both employer 
 and employe a party to this fund is that both parties 
 may stand in vital relation to it, every employer will 
 take it as his business to force the careless employer to 
 most carefully protect his men because to the extent
 
 8l ECONOMIC BASIS. 53 
 
 that accidents are increased or diminished his premium 
 is increased or diminished; likewise the employe, being 
 a party to this fund, makes it his business to whip his 
 fellow-workingmen into exercising care, because to the 
 degree that the workingman is careless his premium is 
 increased. 
 
 Broadly speaking, the end sought to be attained by 
 all constitutions, statutes and court decisions is the 
 correction of economic inequalities which arise during 
 the process of the evolution of organized society. 37 
 
 37 That these new remedies do no violence to existing constitu- 
 tions is well shown by Mr. Justice Marshall in his concurring opin- 
 ion in the case of Borgnis v. Falk Co., 147 Wisconsin 327, 133 N. W. 
 224-5, which sustained the constitutionality of the Wisconsin act. He 
 says: 
 
 "So, in short, I think the law in question is a reasonably appro- 
 priate means to effect a constitutional purpose ; that the Constitution 
 needs no bending whatever in order to sustain it in its essential 
 features, and none would be proper if the contrary were the case. 
 
 "The foregoing I can but regard out of harmony with this, in its 
 letter : 'Changed social, economic and governmental conditions and 
 ideals of the time, as well as the problems the changes have produced, 
 must largely enter into the consideration and become influential fac- 
 tors in the settlement of problems of construction and interpreta- 
 tion' so far as it is pregnant with the thought that the fundamental 
 law is judicially changeable. The words 'problems' of 'construction' 
 and 'interpretation' I think were unfortunately used, if the thought 
 was merely of problems of whether new enactments to cope with 
 new conditions are within or without the legitimate field of legislative 
 activity, having regard to appropriateness of means to effect a con- 
 stitutional end. The latter might be, as I have suggested, at one 
 time and not a half century theretofore, because changed conditions 
 may render an end legitimate, within the unchangeable scope of the 
 fundamental law, which earlier was not, or the selected means to 
 effect that end might be reasonably appropriate at one time, though 
 not so a century, more or less, theretofore. * * * 
 
 "True, the old remedies for losses mentioned have been inefficient 
 and wasteful. They are, economically speaking, unscientific and have 
 always been. It is more apparent now than formerly by reason of 
 greater and more numerous modern activities and methods, that is 
 all. In truth, the infirmity from an economic standpoint, and from 
 the standpoint of man's duty to his fellowmen, has always existed, 
 though the quantum of regrettable results and useless waste has 
 g BOYD w c
 
 53 WORKMEN'S COMPENSATION AND INSURANCE. 82 
 
 greatly Increased by the multiplication of human activities and 
 physical instrumentalities. 
 
 "So it will be seen, I think, that while particular means may be 
 reasonably appropriate to a legitimate purpose under some condi- 
 tions characterizing a particular period, and not have been at a 
 prior time, no change In the Constitution is involved in remedying 
 the misfit. The end being proper the legitimacy of means may be 
 dependable upon conditions, the question turning more on matter of 
 fact than anything else. The change of mere means does not require 
 a fundamental change, so long as legitimacy of end and reasonable 
 appropriateness of means shall be kept efficiently In view."
 
 CHAPTER VI. 
 
 THE NEW YORK WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 54. New York law first con- 58. Argument for constltution- 
 strued. ality of act. 
 
 55. Nature and scope of the New 59. Reasons for upholding view 
 York act. of court. 
 
 56. Text of the New York 59a. New York General Liability 
 statute Labor Law art. 14a. Law with compensation fea- 
 
 57. Construction of the law by tures. 
 the Court of Appeals. 
 
 54. New York law first construed. The New 
 York law is the first of the compensation laws to receive 
 a construction by a court of last resort in this country. 1 
 The Montana law was first enacted, but its construction 
 by the supreme court of that state was not announced 
 until after the court of appeals of New York had spoken. 
 
 55. Nature and scope of the New York act. This 
 statute made it compulsory on the part of the employer 
 to pay the prescribed compensations to all workmen who 
 should receive injuries while in tW due course of their 
 employment in any of eight specified hazardous occupa- 
 tions. But the employes engaged in these occupations 
 were given the option of accepting the limited and classi- 
 fied compensations provided or to sue at law as they 
 might have done prior to the passage of the act. The 
 law recognizes no negligence on the part of the em- 
 ployes accepting such as is due to "the serious and wilful 
 misconduct of the workmen." It was passed by the 
 Legislature in 1910 and declared unconstitutional by the 
 court of appeals on March 24th, 191 1. 2 
 
 1 Ives v. South Buffalo Railway Co., 201 N. Y. 271, 94 N. E. 431, 34 
 L. R. A. (N. S.) 161 n. 
 
 2 Ives v. South Buffalo Railway Co., 201 N. Y. 271, 94 N. E. 431, 
 34L.R. A. (N. S.) 162 n.
 
 56 WORKMEN'S COMPENSATION AND INSURANCE. 84 
 
 56. Text of the New York statute Labor Law 
 article 14a. 
 
 Section 215. Application of article. This article 
 shall apply only to workmen engaged in manual or me- 
 chanical labor in the following employments, each of 
 which is hereby determined to be especially dangerous, 
 in which from the nature, conditions or means of prose- 
 cution of the work therein, extraordinary risks to the life 
 and limb of workmen engaged therein are inherent, nec- 
 essary or substantially unavoidable, and as to each of 
 which employments it is deemed necessary to establish 
 a new system of compensation for accidents to workmen. 
 
 1. The erection or demolition of any bridge or 
 building in which there is, or in which the plans and 
 specifications require, iron or steel framework. 
 
 2. The operation of elevators, elevating machines 
 or derricks or hoisting apparatus used within or on the 
 outside of any bridge or building for the conveying of 
 materials in connection with the erection or demolition 
 of such bridge or building. 
 
 3. Work on scaffolds of any kind elevated twenty 
 feet or more above the ground, water, or floor beneath 
 in the erection, construction, painting, alteration or re- 
 pair of building, bridges or structures. 
 
 4. Construction, operation, alteration or repair of 
 wires, cables, switchboards or apparatus charged with 
 electric currents. 
 
 5. All work necessitating dangerous proximity to 
 gunpowder, blasting powder, dynamite or any other ex- 
 plosives, where the same are used as instrumentalities of 
 the industry. 
 
 6. The operation on steam railroads of locomotives, 
 engines, trains, motors or cars propelled by gravity or 
 steam, electricity or other mechanical power, or the con- 
 struction or repair of steam railroad tracks and road 
 beds over which such locomotives, engines, trains, mo- 
 tors or cars are operated.
 
 85 NEW YORK ACT. 56 
 
 7. The construction of tunnels and subways. 
 
 8. All work carried on under compressed air. 
 Section 216. Definitions The words, "employer," 
 
 "workman" and "employment," or their plurals, used in 
 this article, shall be construed to apply to all the em- 
 ployments above described. 
 
 Section 217. Basis of liability. If, in the course of 
 any of the employments above described, personal in- 
 jury by accident arising out of and in the course of the 
 employment after this article takes effect is caused to 
 any workman employed therein, in whole or in part, or 
 the damage or injury caused thereby is in whole or in 
 part contributed to by 
 
 a. A necessary risk or danger of the employment or 
 one inherent in the nature thereof; or 
 
 b. Failure of the employer of such workmen or any 
 of his or its officers, agents or employes to exercise due 
 care, or to comply with any law affecting such employ- 
 ment; then such employer shall, subject as hereinafter 
 mentioned, be liable to pay compensation at the rates 
 set out in section two hundred and nineteen-a of this 
 title; provided that the employer shall not be liable in 
 respect of any injury which does not disable the work- 
 man for a period of at least two weeks from earning full 
 wages at the work at which he was employed, and pro- 
 vided that the employer shall not be liable in respect of 
 any injury to the workman which is caused in whole or 
 in part by the serious and wilful misconduct of the work- 
 man. 
 
 Section 218.. Rights of action not affected. The 
 right of action for damages caused by any such injury, 
 at common law or under any statute in force on January 
 one, nineteen hundred and ten, shall not be affected by 
 this article, and every existing right of action for negli- 
 gence or to recover damages for injuries resulting in 
 death is continued, and nothing in this article shall be
 
 56 WORKMEN'S COMPENSATION AND INSURANCE. 86 
 
 construed as limiting such right of action, but in case 
 the injured workman, or in event of his death his execu- 
 tor or administrator, shall avail himself of this article, 
 either by accepting any compensation hereunder in 
 accordance with section two hundred and nineteen-a 
 hereof, or by beginning proceedings therefor in any 
 manner on account of any such injury, he shall be barred 
 from recovery in and deemed thereby to have released 
 every other action at common law or under any other 
 statute on account of the same injury after this article 
 takes effect. In case after such injury the workman, or 
 in the event of his death his executor or administrator, 
 shall commence any action at common law or under any 
 statute other than this article against the employer 
 therefor he shall be barred from all benefit of this arti- 
 cle in regard thereto. 
 
 Section 219. Notice of accident. No proceedings 
 for compensation under this article shall be maintained 
 unless notice of the accident as hereinafter provided has 
 been given to the employer as soon as practicable after 
 the happening thereof and before the workman has vol- 
 untarily left the employment in which he was injured, 
 and during such disability, but no want or defect or in- 
 accuracy of a notice shall be a bar to the maintenance 
 of proceedings unless the employer proves that he is 
 prejudiced by such want, defect or inaccuracy. Notice 
 of the accident shall state the name and address of the 
 workman injured, the date and place of the accident, and 
 in simple language the physical cause thereof, if known. 
 The notice may be served personally or by sending it 
 by mail in a registered letter addressed to the employer 
 at his last known residence or place of business. 
 
 Section 219-a. Scale of compensation. The amount 
 of compensation shall be in case death results from in- 
 jury: 
 
 a. If the workman leaves a widow or next of kin at
 
 8/ NEW YORK ACT. 56 
 
 the time of his death wholly dependent on his earnings, 
 a sum equal to twelve hundred times the daily earnings 
 of such workman at the rate at which he was being paid 
 by such employer at the time of the injury subject as 
 hereinafter provided, and in no event more than three 
 thousand dollars. Any weekly payments made under 
 this article shall be deducted in ascertaining such 
 amount. 
 
 b. If such widow or next of kin at the time of his 
 death are in part only dependent upon his earnings, 
 such proportionate sum not exceeding that provided in 
 subdivision a as may be determined according to the in- 
 jury to such dependents. 
 
 c. If he leaves no dependents, the reasonable ex- 
 penses of his medical attendance and burial, not exceed- 
 ing one hundred dollars. 
 
 Whatever sum may be determined to be payable 
 under this article in case of death of the injured work- 
 man shall be paid to his legal representative for the 
 benefit of such dependents, or if he leaves no such de- 
 pendents, for the benefit of the persons to whom the ex- 
 penses of medical attendance and burial are due. 
 
 2. Where total or partial incapacity for work at any 
 gainful employment results to the workman from the 
 injury, a weekly payment commencing at the end of the 
 second week after the injury and continuing during such 
 incapacity, subject as herein provided, equal to fifty per 
 centum of his average weekly earnings when at work 
 on full time during the preceding year during which he 
 shall have been in the employment of the same em- 
 ployer, or if he shall have been in the employment of the 
 same employer for less than a year, then a weekly pay- 
 ment of not exceeding three times the average daily 
 earnings on full time for such less period. In fixing the 
 amount of the weekly payment, regard shall be had to 
 the difference between the amount of the average earn-
 
 56 WORKMEN'S COMPENSATION AND INSURANCE. 88 
 
 ings of the workman before the accident and the aver- 
 age amount he is able to earn thereafter as wages in the 
 same employment or otherwise. In fixing the amount 
 of the weekly payment, regard shall be had to any pay- 
 ment, allowance or benefit which the workman may 
 have received from the employer during the period of 
 his incapacity, and in the case of partial incapacity the 
 weekly payment shall in no case exceed the difference 
 between the amount of the average weekly earnings of 
 the workman before the accident and the average weekly 
 amount which he is earning or is able to earn in the same 
 employment or otherwise after the accident, but shall 
 amount to one-half of such difference. In no event shall 
 any compensation paid under this article exceed the 
 damage suffered, nor shall any weekly payment paya- 
 ble under this article in any event exceed ten dollars a 
 week or extend over more than eight years from the 
 date of the accident. 
 
 Section 219b. Medical examinations. Any work- 
 man entitled to receive weekly payments under this 
 article is required, if requested by the employer, to sub- 
 mit himself for examination by a duly qualified medical 
 practitioner or surgeon provided and paid for by the em- 
 ployer, at a time and place reasonably convenient for 
 the workman, within three weeks after the injury, and 
 thereafter at intervals not oftener than once in six 
 weeks. If the workman refuses to submit to such ex- 
 amination, or obstructs the same, his right to weekly 
 payments shall be suspended until such examination has 
 taken place, and no compensation shall be payable dur- 
 ing or for account of such period. 
 
 Section 219c. Incompetency of workman. In case 
 an injured workman shall be mentally incompetent at 
 the time when any right or privilege accrues to him un- 
 der this article, a committee or guardian of the incom- 
 petent appointed pursuant to law may, on behalf of such
 
 89 NEW YORK ACT. 56 
 
 incompetent, claim and exercise any such right or pri- 
 vilege with the same force and effect as if the workman 
 himself had been competent and had claimed or exer- 
 cised any such right or privilege; and no limitation of 
 time in this article provided for shall run so long as said 
 incompetent workman has no committee or guardian. 
 
 Section 219d. Settlement of disputes. Any ques- 
 tion which may arise under this act shall be determined 
 either by agreement or by arbitration as provided in the 
 Code of Civil Procedure or by an action at law as herein 
 provided. In case the employer fails to make compensa- 
 tion as herein provided, the injured workman, or his 
 committee or guardian, if such be appointed, or his exe- 
 cutor or administrator, may then bring an action to re- 
 cover compensation under this article in any court hav- 
 ing jurisdiction thereof, or in any court which would 
 have had jurisdiction of an action for recovery 
 of damages for negligence for the same injury between 
 the same parties. This article, however, shall not be 
 construed as extending the jurisdiction of any such 
 court to award judgment for an amount greater than 
 now allowed by law. Such action shall be conducted in 
 the same manner as actions at law for the recovery of 
 damages for negligence. The judgment in such action 
 if in favor of the plaintiff shall be for a sum equal to the 
 amount of payments then due and prospectively due 
 under this article. Such action must be commenced 
 within six months after the happening of the accident 
 or in case of the death of the workman by such accident 
 within six months after the appointment of his legal 
 representative in this state, or in the event of his physi- 
 cal incapacity, within six months after the removal 
 thereof, or in the event of weekly payments by the em- 
 ployer hereunder, within six months after such pay- 
 ments have ceased. In such action by an executor or 
 administrator the judgment may provide the proper-
 
 56 WORKMEN'S COMPENSATION AND INSURANCE. 90 
 
 tions of the award or the costs to be distributed to or 
 between the several dependents. If such determination 
 is not made it shall be determined by the surrogate's 
 court, in which such executor or administrator is ap- 
 pointed, in accordance with this article, on petition of 
 any party interested on such notice as such court may 
 direct. 
 
 Section 219-e. Preferences and exemptions. Any 
 person entitled to weekly payments under this article 
 against any employer shall have the same preferential 
 claim therefor against the assets of the employer as al- 
 lowed by law for a claim by such person against such 
 employer for unpaid wages or personal services. Weekly 
 payments due under this article shall not be assignable 
 or subject to levy, execution or attachment. 
 
 Section 219-f. Attorneys' liens. No claim of an 
 attorney at law for any contingent interest in any re- 
 covery under this article for services in securing such 
 recovery or for disbursements shall be an enforceable 
 lien on such recovery, unless the amount of the same be 
 approved in writing by a justice of the Supreme Court, 
 or in case the same be tried in any court, by the justice 
 presiding at such trial. 
 
 Section 219-g. Liability of principal contractors. 
 If an employer who shall be the principal enters into a 
 contract with an independent contractor to do part of 
 such employer's work, or if such contractor enters into 
 a contract with a sub-contractor to do all or any part of 
 the work comprised in such contractor's contract with 
 the employer, the said principal shall be liable to pay 
 to any workman employed in the execution of the 
 work any compensation under this article which he 
 would have been liable to pay if that workman had been 
 immediately employed by him; and where compensa- 
 tion is claimed from or proceedings are taken against 
 the principal then, in the application of this article, ref-
 
 91 NEW YORK ACT. 57 
 
 ferences to the principal shall be substituted for ref- 
 erences to the employer, except that the amount of 
 compensation shall be calculated with reference to the 
 earnings of the workman under the contractor or em- 
 ployer by whom he is immediately employed. Where 
 .such principal is liable to pay compensation he shall be 
 entitled to be indemnified by any person who would 
 have been liable to pay compensation to the workman 
 independently of this section. Nothing in this section 
 .-shall be construed as preventing a workman from re- 
 covering compensation under this article from the con- 
 tractor or sub-contractor, instead of the principal; nor 
 .shall this section apply in any case where the accident 
 shall occur elsewhere than on, or in, or about the prem- 
 ises on which the principal has undertaken to execute 
 the work or which are otherwise under his control or 
 management. 
 
 57. Construction of the law by the Court of Ap- 
 peals. The statute was declared unconstitutional by 
 the Court of Appeals in the case, Ives v. South Buffalo 
 Railway Company. 3 This case came to the court on 
 appeal from a judgment of the Appellate Division of the 
 'Supreme Court, in the fourth department, which af- 
 firmed a final judgment in favor of the plaintiff entered 
 upon a decision at Special Term sustaining a demurrer 
 to the defenses pleaded in the answer. 
 
 The complaint alleges, in substance, that on the sec- 
 ond day of April, 1910, while the plaintiff was engaged 
 in his work as a switchman on defendant's steam rail- 
 road, he was injured solely by reason of a necessary 
 risk or danger of his employment; that at the time 
 of the commencement of the action he had been totally 
 incapacitated for labor for a period of three weeks, 
 and that such incapacity would continue for four weeks 
 
 3201 N. T. 271, 94 N. E. 431, 34 L. R. A. (N. S.) 162 n.
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 92 
 
 longer and demands judgment for compensation in ac- 
 cordance with the provisions of said act for a period of 
 five weeks. The answer, after admitting all the allega- 
 tions of the complaint, pleaded as a defense the uncon- 
 stitutionality of article 14-a of the Labor Law, upon the 
 ground that it contravenes certain provisions of the 
 Federal and State Constitutions. The plaintiff de- 
 murred to this defense on the ground that it was insuffi- 
 cient in law upon the face thereof. The issue of law 
 thus presented was tried at Special Term, where the de- 
 murrer was sustained. Final judgment was entered 
 upon this decision, and the defendant appealed to the 
 Appellate Division, where the judgment was affirmed 
 by a divided court. 
 
 The opinion by Mr. Justice Werner is as fol- 
 lows: In 1909 the legislature passed a law (Ch. 518) 
 providing for a commission of fourteen persons, six of 
 whom were to be appointed by the governor, three by 
 the president of the senate from the senate, and five by 
 the speaker of the assembly from the assembly, "to 
 make inquiry, examination and investigation into the 
 working of the law in the State of New York relative 
 to the liability of employers to employes for industrial 
 accidents, and into the comparative efficiency, cost, jus- 
 tice, merits and defects of the laws of other industrial 
 states and countries, relative to the same subject, and 
 as to the causes of the accidents to employes." The act 
 contained other provisions germane to the subject and 
 provided for a full and final report to the legislature of 
 1910, if practicable, and if not practicable, then to the 
 legislature of 1911, with such recommendations for leg- 
 islation by bill or otherwise as the commission might 
 deem wise or expedient. Such a commission was ap- 
 pointed and promptly organized by the election of offi- 
 cers and the appointment of sub-committees, the chair- 
 man being Senator Wainwright, from whom it has tak-
 
 93 NEW YORK ACT. 57 
 
 en the name of the "Wainwright Commission," by which 
 it is popularly known. No word of praise could overstate 
 the industry and intelligence of this commission in deal- 
 ing with a subject of such manifold ramifications and of 
 such far-reaching importance to the state, to employers 
 and to employes. We cannot dwell in detail upon the 
 many excellent features of its comprehensive report, 
 because the limitations of time and space must neces- 
 sarily confine us to such of its aspects as have a neces- 
 sary relation to the legal questions which we are called 
 upon to decide. As the result of its labors the commis- 
 sion recommended for adoption the bill which, with 
 slight changes, was enacted into law by the legislature 
 of 1910, under the designation of article 14-a of the 
 Labor Law. This act is modeled upon the English 
 Workmen's Compensation Act of 1897, which has since 
 been extended so as to cover every kind of occupational 
 injury. Our commission has frankly stated in its report 
 that the classification of the industries which will be 
 immediately affected by the present statute is only ten- 
 tative, and that other more extended classifications will 
 probably be recommended to the legislature for its 
 action. 
 
 The statute, judged by our common-law standards, 
 is plainly revolutionary. Its central and controlling fea- 
 ture is that every employer who is engaged in any of 
 the classified industries shall be liable for any injury to 
 a workman arising out of and in the course of the 
 employment by "a necessary risk or danger of the em- 
 ployment or one inherent in the nature thereof; * * * 
 provided that the employer shall not be liable in respect 
 of any injury to the workman which is caused in whole 
 or in part by the serious and wilful misconduct of the 
 workman." This rule of liability, stated in another 
 form, is that the employer is responsible to the em- 
 ploye for every accident in the course of the employ-
 
 57 WORKMENis COMPENSATION AND INSURANCE. 94 
 
 ment, whether the employer is at fault or not, and 
 whether the employe is at fault or not, except when the 
 fault of the employe is so grave as to constitute serious 
 and willful misconduct on his part. The radical charac- 
 ter of this legislation is at once revealed by contrasting 
 it with the rule of the common law, under which the em- 
 ployer is liable for injuries to his employe only when the 
 employer is guilty of some act or acts of negligence 
 which caused the occurrence out of which the injuries 
 arise, and then only when the employe is shown to be 
 free from any negligence which contributes to the occur- 
 rence. The several judicial and statutory modifications 
 of this broad rule of the common law we shall further 
 on have occasion to mention. Just now our purpose is- 
 to present in sharp juxtaposition the fundamentals of 
 these two opposing rules, namely, that under the com- 
 mon law an employer is liable to his injured employe- 
 only when the employer is at fault and the employe- 
 is free from fault; while under the new statute the em- 
 ployer is liable, although not at fault, even when the em- 
 ploye is at fault, unless this latter fault amounts to seri- 
 ous and wilful misconduct. The reasons for this depart- 
 ure from our long-established law and usage are sum- 
 marized in the language of the commission as follows: 
 
 "First, that the present system in New York rests- 
 on a basis that is economically unwise and unfair, and. 
 that in operation it is wasteful, uncertain and productive 
 of antagonism between workmen and employers. 
 
 "Second, that it is satisfactory to none and tolerable 
 only to those employers and workmen who practically 
 disregard their legal rights and obligations, and fairly 
 share the burden of accidents in industries. 
 
 "Third, that the evils of the system are most marked 
 in hazardous employments, where the trade risk is high 
 and serious accidents frequent. 
 
 "Fourth, that, as matter of fact, workmen in the
 
 95 N W YORK ACT. 57 
 
 dangerous trades do not, and practically cannot, provide 
 for themselves adequate accident insurance, and, there- 
 fore, the burden of serious accidents falls on the work- 
 men least able to bear it, and brings many of them and 
 their families to want." 
 
 This indictment of the old system is followed by a 
 statement of the anticipated benefits under the new 
 statute as follows: "These results can, we think, be 
 best avoided by compelling the employer to share the 
 accident burden in intrinsically dangerous trades, since 
 by fixing the price of his product the shock of the acci- 
 dent may be borne by the community. In those em- 
 ployments which have not so great an element of dan- 
 ger, in which, speaking generally, there is no such im- 
 perative demand for the exercise of the police power of 
 the state for the safeguarding of its workers from desti- 
 tution and its consequences, we recommend, as the first 
 step in this change of system, such amendment of the 
 present law as will do away with some of its unfairness 
 in theory and practice, and increase the workman's 
 chance of recovery under the law. With such changes 
 in the law we couple an elective plan of compensation 
 which, if generally adopted, will do away with many of 
 the evils of the present system. Its adoption will, we 
 believe, be profitable to both employer and employe, and 
 prove to be the simplest way for the State to change its 
 system of liability without disturbance of industrial con- 
 ditions. Not the least of the motives moving us is the 
 hope that by these means a source of antagonism be- 
 tween employer and employed, pregnant with danger 
 for the State, may be eliminated." 
 
 This quoted summary of the report of the commis- 
 sion to the legislature, which clearly and fairly epito- 
 mizes what is more fully set forth in the body of the re- 
 port, is based upon a most voluminous array of statis- 
 tical tables, extracts from the works of philosophical
 
 I 57 WORKMEN'S COMPENSATION AND INSURANCE. 96 
 
 writers and the industrial laws of many countries, all of 
 which are designed to show that our own system of deal- 
 ing with industrial accidents is economically, morally 
 and legally unsound. Under our form of government, 
 however, courts must 'regard all economic, philosophical 
 and moral theories, attractive and desirable though they 
 may be, as subordinate to the primary question whether 
 they can be moulded into statutes without infringing 
 upon the letter or spirit of our written constitutions. In 
 that respect we are unlike any of the countries whose 
 industrial laws are referred to as models for our guid- 
 ance. Practically all of these countries are so-called 
 constitutional monarchies in which, as in England, there 
 is no written constitution, and- the Parliament or law- 
 making body is supreme. In our country the Federal 
 and State Constitutions are the charters which demark 
 the extent and the limitations of legislative power; and 
 while it is true that the rigidity of a written constitution 
 may at times prove to be a hindrance to the march of 
 progress, yet more often its stability protects the people 
 against the frequent and violent fluctuations of that 
 which, for want of a better name, we call public opinion. 
 With these considerations in mind we turn to the 
 purely legal phases of the controversy for the purpose 
 of disposing of some things which are incidental to the 
 main question. The new statute, as we have observed, 
 is totally at variance with the common-law theory of the 
 employer's liability. Fault on his part is no longer an 
 element of the employe's right of action. This change 
 necessarily and logically carries with it the abrogation 
 of the "fellow-servant" doctrine, the "contributory negli- 
 gence" rule, and the law relating to the employe's as- 
 sumption of risks. There can be no doubt that the first 
 two of these are subjects clearly and fully within the 
 scope of the legislative power ; and that as to the third,
 
 97 NE W YORK ACT. 
 
 this power is limited to some extent by constitutional 
 provisions. 
 
 The "fellow-servant" rule is one of judicial origin 
 engrafted upon the common law for the protection of 
 the master against the consequences of negligence in 
 which he has no part. In its early application to simple 
 industrial conditions it had the support of both reason 
 and justice. By degrees it was extended until it became 
 evident that under the enormous expansion and infinite 
 complexity of our modern industrial conditions the rule 
 gave opportunity, in many instances, for harsh and tech- 
 nical defenses. In recent years it has been much re- 
 stricted in its application to large corporate and indus- 
 trial enterprises, and still more recently it has been 
 modified and, to some extent abolished, by the Labor 
 Law and the Employers' Liability Act. 
 
 The law of contributory negligence has the support 
 of reason in any system of jurisprudence in which the 
 fault of one is the basis of liability for injury to another. 
 Under such a system it is at least logical to hold that 
 one who is himself to blame for his injuries should not 
 be permitted to entail the consequences upon another 
 who has not been negligent at all, or whose negligence 
 would not have caused the injury if the one injured had 
 been free from fault. It may be admitted that the rea- 
 son of the rule is often lost sight of in the effort to ap- 
 ply it to a great variety of practical conditions, and that 
 its efficacy as a rule of justice is much impaired by the 
 lack of uniformity in its administration. In the admir- 
 alty branch of the Federal courts, for instance, we have 
 what is known as the rule of comparative negligence 
 under which, when there is negligence on both sides, it 
 is apportioned and a verdict rendered accordingly. In 
 many of the states contributory negligence is a defense 
 which must be pleaded and proved by the defendant, 
 and in some states it has been entirely abrogated by 
 
 7 BOYD W C
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 98 
 
 statute. In our own state the plaintiff's freedom from 
 contributory negligence is an essential part of his cause 
 of action which must be affirmatively established by 
 him, except in cases brought by employes under the 
 Labor Law, by virtue of which the contributory negli- 
 gence of an employe is now made a defense which must 
 be pleaded and proved by the employer; and under the 
 Employers' Liability Act which provides that the em- 
 ploye's continuance in his employment after he has 
 knowledge of dangerous conditions from which injury 
 may ensue, shall not, as matter of law, constitute con- 
 tributory negligence. 
 
 Under the common law the employe was also held 
 to have assumed the ordinary and obvious risks incident 
 to the employment, as well as the special risks arising 
 out of dangerous conditions which were known and ap- 
 preciated by him. This doctrine, too, has been modified 
 by statute so that under the Labor Law and the Em- 
 ployers' Liability Act the employe is presumed to have 
 assented to the necessary risks of the occupation or em- 
 ployment and no others; and these necessary risks are 
 defined as those only which are inherent in the nature 
 of the business and exist after the employer has exer- 
 cised due care in providing for the safety of his em- 
 ployes, and has complied with the laws affecting or regu- 
 lating the business or occupation for the greater safety 
 of employes. 
 
 We have said enough to show that the statutory 
 modification of the "fellow-servant" rule and the law of 
 "contributory negligence" are clearly within the legis- 
 lative power. These doctrines, for they are nothing 
 more, may be regulated or even abolished. This is true 
 to a limited extent as to the assumption of risk by the 
 employe. In the Labor Law and the Employers' Liabil- 
 ity Act, which define the risks assumed by the employe, 
 there are many provisions which cast upon the em-
 
 99 N W YORK ACT. 57 
 
 ployer a great variety of duties and burdens unknown 
 to the common law. These can doubtless be still fur- 
 ther multiplied and extended to the point where they 
 deprive the employer of rights guaranteed to him by 
 our Constitutions, and there, of course, they must stop, 
 as we shall endeavor to demonstrate later on. 
 
 Passing now to the constitutional objections which 
 are presented against the new statute, we will first elim- 
 inate those which we regard as clearly or probably un- 
 tenable. The appellant argues and the respondent ad- 
 mits that the new statute cannot be upheld under the 
 reserved power of the legislature to alter and amend 
 charters. It is true that the defendant in the case at bar 
 is a railroad corporation, but the act applies to eight 
 enumerated occupations or industries without regard to 
 the character of the employers. They may be corpora- 
 tions, firms or individuals. Nowhere in the act is there 
 any reference to corporations. The liability sought to 
 be imposed is based upon the nature of the employment 
 and not upon the legal status of the employer. It is, 
 therefore, unnecessary to decide how far corporate lia- 
 bility may be extended under the reserved power to 
 alter or amend charters, except as that question may be 
 incidentally discussed in considering the police power 
 of the state. 
 
 The appellant contends that the classification in this 
 statute, of a limited number of employments as danger- 
 ous, is fanciful or arbitrary, and is, therefore, repugnant 
 to that part of the fourteenth amendment to the Federal 
 Constitution which guarantees to all our citizens the 
 equal protection of the laws. Classification, for pur- 
 poses of taxation, or of regulation under the police 
 power, is a legislative function with which the courts 
 have no right to interfere unless it is so clearly arbitrary 
 or unreasonable as to invade some constitutional right. 
 A state may classify persons and objects for the purpose
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 100 
 
 of legislation provided the classification is based on 
 proper and justifiable distinctions (St. John v. New 
 York, 201 U. S. 633, 26 Sup. Ct. 554, 50 L. ed. 896; Mis- 
 souri Pac. Ry. Co. v. Mackey, 127 U. S. 205, 8 Sup. Ct. 
 1161, 32 L. ed. 107; Minneapolis & St. L. Ry. Co. v. 
 Herrick, 127 U. S. 210, 8 Sup. Ct. 1176, 32 L. ed. 109; 
 Chicago, K. & W. R. R. Co. v. Pontius, 157 U. S. 209, 15 
 Sup. Ct. 585, 39 L. ed. 675), and for a purpose within the 
 legislative power. There can be no doubt, we think, 
 that all of the occupations enumerated in the statute are 
 more or less inherently dangerous to a degree which 
 justifies such legislative regulation as is properly within 
 the scope of the police power. We need not look for 
 illustration or authority outside of the Labor Law to 
 which this new statute has been added. The whole of 
 that law which precedes the latest addition is devoted 
 to restrictions and regulations imposed upon employers 
 in specified occupations or conditions for the conserva- 
 tion of the health, safety and morals of employes. These 
 restrictions and regulations do not affect all employers 
 alike in all occupations, nor are they designed to have 
 that effect. The mandate of the Federal Constitution 
 is complied with if all who are in a particular class are 
 treated alike. (Missouri Pac. Ry. Co. v. Humes, 115 U. 
 S. 512, 523, 6 Sup. Ct. 110, 29 L. ed. 463 ; Barbier v. Con- 
 nolly, 113 U. S. 27, 5 Sup. Ct. 357, 28 L. ed. 923; Soon 
 King v. Crowley, 113 U. S. 703, 5 Sup. Ct. 730, 28 L. ed. 
 1145; Magound v. Illinois Trust & Sav. Bank, 170 U. S. 
 283, 294, 77 N. E. 970, 8 L. R. A. (N. S.) 314, 112 Am. 
 St. 628; People ex rel. Hatch v. Reardon, 184 N. Y. 
 431; People ex rel. Farrington v. Mensching, 187 N. 
 Y. 8, 16, 79 N. E. 884, 10 L. R. A. (N. S.) 625), and that, 
 we think, is the effect of this classification. 
 
 Another objection urged against the statute is that 
 it violates section 2 of article 1 of our State Constitution
 
 IOI NEW YORK ACT. 57 
 
 which provides that "The trial by jury in all cases in 
 which it has been heretofore used shall remain inviolate 
 forever." This objection is aimed at the provisions of 
 sections 219-a and 219-d of the statute, which relate to 
 the "scale of compensation" and "settlement of dis- 
 putes," and has no reference to the fundamental ques- 
 tion whether the attempt to impose upon the employer 
 a liability when he is not at fault, constitutes a taking 
 of property without due process of law. In other words, 
 the objection which we are now considering bears solely 
 upon the question whether the two last-mentioned sec- 
 tions of the statute deprive the employer of the right to 
 have a jury fix the amount which he shall pay when his 
 liability to pay has been determined against him. If 
 these provisions relating to compensation are to be con- 
 strued as definitely fixing the amount which an employer 
 must pay in every case where his liability is established 
 by the statute, there can be no doubt that they consti- 
 tute a legislative usurpation of one of the functions of a 
 common-law jury. In all cases where there is a right 
 to trial by jury there are two elements which necessarily 
 enter into a verdict for the plaintiff: 1. The right to re- 
 cover. 2. The amount of the recovery. It is as much 
 the right of a defendant to have a jury assess the dam- 
 ages claimed against him as it is to have the question of 
 his liability determined by the same body. (East Kings- 
 ton v. Towle, 48 N. H. 57, 97 Am. Dec. 575, 2 Am. Rep. 
 174; Wads worth v. Union Pacific Ry. Co., 18 Colo. 600, 
 33 Pac. 515, 23 L. R. A. 812, 36 Am. St. 309;- Fair- 
 child v. Rich, 68 Vt. 202, 34 Atl. 692.) This part of the 
 statute, in its present form, has given rise to conflicting 
 views among the members of the court, and, since the 
 disposition of the questions which it suggests is not 
 necessary to the decision of the case, we do not decide it. 
 Thus far we have considered only such portions of 
 the statute as we deem to be clearly within the legisla-
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 102 
 
 tive power, and one as to which there is difference of 
 opinion. This we have done because we desire to pre- 
 sent no purely technical or hypercritical obstacles to any 
 plan for the beneficent reformation of a branch of our 
 jurisprudence in which, it may be conceded, reform is a 
 consummation devoutly to be wished. In this spirit 
 we have called attention to those features of the new 
 statute which might be upheld as consonant with legis- 
 lative authority under our constitutional limitations, as 
 well as to the sections upon which we are in doubt. We 
 turn now to the two objections which we regard as fatal 
 to its validity. 
 
 This legislation is challenged as void under the four- 
 teenth amendment to the Federal Constitution and 
 under section 6, article 1 of our State Constitution, 
 which guarantee all persons against deprivation of life, 
 liberty or property without due process of law. We shall 
 not stop to dwell at length upon definitions of "life," 
 "liberty," "property" and "due process of law." They 
 are simple and comprehensive in themselves and have 
 been so often judicially defined that there can be no 
 misunderstanding as to their meaning. Process of law 
 in its broad sense means law in its regular course of 
 administration through courts of justice, and that is but 
 another way of saying that every man's right to life, 
 liberty and property is to be disposed of in accordance 
 with those ancient and fundamental principles which 
 were in existence when our constitutions were adopted. 
 "Due process of law implies the right of the person af- 
 fected thereby to be present before the tribunal which 
 pronounces judgment upon the question of life, liberty 
 or property in its most comprehensive sense; to be 
 heard by testimony or otherwise, and to have the right 
 of controverting by proof every material fact which 
 bears upon the question of right in the matter involved. 
 If any question of fact or liability be conclusively pre-
 
 103 NE W YO R K ACT. 57 
 
 sumed against him this is not due process of law." (Zieg- 
 ler v. S. & N. Ala. R. R. Co., 58 Ala. 594.) Liberty has 
 been authoritatively defined as "the right of one to use 
 his faculties in all lawful ways, to live and work where 
 he will, to earn his livelihood in any lawful calling, and 
 to pursue any lawful trade or avocation" (Matter of 
 Jacobs, 98 N. Y. 98, 106, 50 Am. Rep. 636) ; and the 
 right of property as "the right to acquire, possess and 
 enjoy it in any way consistent with the equal rights of 
 others and the just exactions and demands of the State." 
 (Bertholf v. O'Reilly, 74 N. Y. 509, 515, 30 Am. Rep. 
 323.) The several industries and occupations enumer- 
 ated in the statute before us are concededly lawful 
 within any of the numerous definitions which might be 
 referred to, and have always been so. They are, there- 
 fore, under the constitutional protection. One of the 
 inalienable rights of every citizen is to hold and enjoy 
 his property until it is taken from him by due process 
 of law. When our constitutions were adopted it was 
 the law of the land that no man who was without fault 
 or negligence could be held liable in damages for in- 
 juries sustained by another. That is still the law, ex- 
 cept as to the employers enumerated in the new statute, 
 and as to them it provides that they shall be liable to 
 their employes for personal injury by accident to any 
 workman arising out of and in the course of the em- 
 ployment which is caused in whole or in part, or is con- 
 tributed to, by a necessary risk or danger of the employ- 
 ment or one inherent in the nature thereof, except that 
 there shall be no liability in any case where the injury 
 is caused in whole or in part by the serious and wilful 
 misconduct of the injured workman. It is conceded 
 that this is a liability unknown to the common law and 
 we think it plainly constitutes a deprivation of liberty 
 and property under the Federal and State Constitutions, 
 unless its imposition can be justified under the police
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 104 
 
 power which will be discussed under a separate head. In 
 arriving at this conclusion we do not overlook the cogent 
 economic and sociological arguments which are urged 
 in support of the statute. There can be no doubt as to 
 the theory of this law. It is based upon the proposition 
 that the inherent risks of an employment should in jus- 
 tice be placed upon the shoulders of the employer, who 
 can protect himself against loss by insurance and by 
 such an addition to the price of his wares as to cast the 
 burden ultimately upon the consumer; that indemnity 
 to an injured employe should be as much a charge upon 
 the business as the cost of replacing or repairing dis- 
 abled or defective machinery, appliances or tools; that, 
 under our present system, the loss falls immediately 
 upon the employe who is almost invariably unable to- 
 bear it, and ultimately upon the community which is- 
 taxed for the support of the indigent; and that our pres- 
 ent system is uncertain, unscientific and wasteful, and 
 fosters a spirit of antagonism between employer and 
 employe which it is to the interests of the state to re- 
 move. We have already admitted the strength of this, 
 appeal to a recognized and widely prevalent sentiment,, 
 but we think it is an appeal which must be made to the 
 people and not to the courts. The right of property rests 
 not upon philosophical or scientific speculation nor upon 
 the commendable impulses of benevolence or charity, 
 nor yet upon the dictates of natural justice. The right 
 has its foundation in the fundamental law. That can be 
 changed by the people, but not by legislatures. In a 
 government like ours theories of public good or neces- 
 sity are often so plausible or sound as to command 
 popular approval, but courts are not permitted to forget 
 that the law is the only chart by which the ship of state 
 is to be guided. Law as used in this sense means the 
 basic law and not the very act of legislation which de- 
 prives the citizen of his rights, privileges or property.
 
 IO5 NEW YORK ACT. 57 
 
 Any other view would lead to the absurdity that the 
 constitutions protect only those rights which the legis- 
 tures do not take away. If such economic and sociolo- 
 gic arguments as are here advanced in support of this 
 statute can be allowed to subvert the fundamental idea 
 of property, then there is no private right entirely safe, 
 because there is no limitation upon the absolute dis- 
 cretion of legislatures, and the guarantees of the con- 
 stitution are a mere waste of words. (Wynehamer v. 
 People, 13 N. Y. 378; Taylor v. Porter, 4 Hill 140, 145, 
 40 Am. Dec. 274; Norman v. Heist, 5 Watts & Serg. 
 193, 40 Am. Dec. 493; Hake v. Henderson, 4 Dev. 15.) 
 As stated by Judge Comstock in the case of Wyneham- 
 er v. People, "these constitutional safeguards, in all 
 cases, require a judicial investigation, not to be gov- 
 erned by a law specially enacted to take away and de- 
 stroy existing rights, but confined to the question 
 whether, under the pre-existing rule of conduct, the 
 right in controversy has been lawfully acquired and is 
 lawfully possessed." (P. 395.) If the argument in sup- 
 port of this statute is sound we do not see why it cannot 
 logically be carried much further. Poverty and misfor- 
 tune from every cause are detrimental to the state. It 
 would probably conduce to the welfare of all concerned 
 if there could be a more equal distribution of wealth. 
 Many persons have much more property than they 
 can use to advantage and many more find it impossible 
 to get the means for a comfortable existence. If the 
 legislature can say to an employer, "you must compen- 
 sate your employe for an injury not caused by you or 
 by your fault," why can it not go further and say to the 
 man of wealth, "you have more property than you need 
 and your neighbor is so poor that he can barely sub- 
 sist; in the interest of natural justice you must divide 
 with your neighbor so that he and his dependents shall 
 not become a charge upon the State?" The argument
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 106 
 
 that the risk to an employe should be borne by the em- 
 ployer, because it is inherent in the employment may 
 be economically sound, but it is at war with the legal 
 principle that no employer can be compelled to assume 
 a risk which is inseparable from the work of the em- 
 ploye, and which may exist in spite of a degree of care 
 by the employer far greater than may be exacted by the 
 most drastic law. If it is competent to impose upon an 
 employer, who has omitted no legal duty and has com- 
 mitted no wrong, a liability based solely upon a legisla- 
 tive fiat that his business is inherently danger- 
 ous, it is equally competent to visit upon him a special 
 tax for the support of hospitals and other charitable in- 
 stitutions, upon the theory that they are devoted largely 
 to the alleviation of ills primarily due to his business. In 
 its final and simple analysis that is taking the property 
 of A and giving it to B, and that cannot be done under 
 our constitutions. Practical and simple illustrations of 
 the extent to which this theory of liability might be car- 
 ried could be multiplied ad infinitum, and many will 
 readily occur to the thoughtful reader. There is, of 
 course, in this country no direct legal authority upon 
 the subject of the liability sought to be imposed by this 
 statute, for the theory is not merely new in our system 
 of jurisprudence, but plainly antagonistic to its basic 
 idea. The English authorities are of no assistance to 
 us, because in the king's courts the decrees of the Par- 
 liament are the supreme law of the land, although they 
 are interesting in their disclosures of the paternalism 
 which logically results from a universal employers' lia- 
 bility based solely upon the relation of employer and 
 employe, and not upon fault in the employer. There 
 are a few American cases, however, which clearly state 
 the legal principle which, we think, is applicable to the 
 case at bar, and with a brief reference to them we shall 
 close this branch of the discussion. In the nitroglycer-
 
 IO/ NEW YORK ACT. 57 
 
 ine case (Parrot v. Wells, Fargo & Co., 15 Wall. 524, 
 21 L. ed. 206) the plaintiff, who was the common land- 
 lord of the defendants and other tenants, sought to 
 hold the defendants liable for damages occasioned to 
 the premises occupied by the other tenants, by an ex- 
 plosion of nitroglycerine which had been delivered to 
 the defendants as common carriers for shipment. It 
 appeared that the defendants were innocently ignorant 
 of the contents of the packages containing the danger- 
 ous explosives, and that they were guilty of no negli- 
 gence in receiving or handling them. Upon these facts 
 the Federal Supreme Court held that it was a case of 
 unavoidable accident for which no one was legally re- 
 sponsible. In Ohio & Mississippi Ry. Co. v. Lackey (78 
 111. 55, 20 Am. Rep. 259) the question was whether the 
 railroad company was liable under a statute which pro- 
 vided that "every railroad company running cars within 
 this State shall be liable for all the expense of the coro- 
 ner and his inquest, and the burial of all persons who 
 may die on the cars, or who may be killed by collision 
 or other accident occurring to such cars, or otherwise." 
 In speaking of the effect of that section of the law Mr. 
 Justice Breese observed : "An examination of the sec- 
 tion will show that no default, or negligence of any kind, 
 need be established against the railroad company, but 
 they are mulcted in heavy charges if, notwithstanding 
 all their care and caution, a death should occur on one 
 of their cars, no matter how caused, even if by the 
 party's own hand. Running of trains by these corpora- 
 tions is lawful and of great public benefit. It is not 
 claimed that the liability attaches for the violation of 
 any law, the omission of any duty or the want of proper 
 care or skill in running their trains. The penalty is not 
 aimed at anything of this kind. We say penalty, for it 
 is in the nature of a penalty, and there is a constitutional 
 inhibition against imposing penalties where no law has
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 108- 
 
 been violated or duty neglected. Neither is pretended 
 in this case, nor are they in contemplation of the statute. 
 A passenger on a train dies from sickness. He is a man 
 of wealth. Why should his burial expenses be charged to 
 the railroad company? There is neither reason nor 
 justice in it ; and if he be poor, having not the means for 
 a decent burial, the general law makes ample provision 
 for such cases." To the same effect are the numerous 
 cases arising under statutes passed by different states 
 imposing upon railroad corporations absolute liability 
 for killing or injuring upon their rights of way horses, 
 cattle, etc., by running over them, in which this liability 
 was held to constitute a deprivation of property with- 
 out due process of law. (Jensen v. Union Pacific Ry. 
 Co., 6 Utah 253, 21 Pac. 994, 4 L. R. A. 724; Ziegler v. 
 South & North Alabama Ry. Co., 58 Ala. 594; Birming- 
 ham Ry. Co. v. Parsons, 100 Ala. 662, 13 So. 602, 27 
 L. R. A. 263, 46 Am. St. 92; Bielingbery v. Mon- 
 tana Union Ry. Co., 8 Mont. 271, 20 Pac. 314, 2 L. R. A. 
 813; Schenk v. Union Pacific Ry. Co., 5 Wyo. 430, 40' 
 Pac. 840; Catril v. Union Pacific Ry. Co., 2 Idaho 576, 
 21 Pac. 416.) 
 
 A different interpretation has been given to statutes 
 imposing upon railroad corporations the duty to fence 
 their rights of way, under which the liability is imposed 
 for failure to obey the command of the statutes. (Quack- 
 enbush v. Wisconsin Ry. Co., 62 Wis. 411, 22 N. W. 519; 
 Missouri Pac. Ry. Co. v. Humes, 115 U. S. 512, 6 Sup. 
 Ct. 110, 29 L. ed. 463; Minneapolis & St. L. Ry. Co. v, 
 Beckwith, 129 U. S. 26, 9 Sup. Ct. 207, 32 L. ed. 585.) 
 "But even such statutes," says Black in his work on Con- 
 stitutional Law (2d ed. p. 351), "cannot go beyond the 
 imposition of such a penalty in cases where the fault lies 
 at the door of the company. If the law attempts to make 
 such companies liable for accidents which were not 
 caused by their negligence or disobedience of the law,
 
 IO9 NEW YORK ACT. 57 
 
 but by the negligence of others or by uncontrollable 
 causes, or does not give the company an opportunity to 
 .show these facts in its own defense, it is void." 
 
 We conclude, therefore, that in its basic and vital 
 features the right given to the employe by this statute, 
 does not preserve to the employer the "due process" of 
 law guaranteed by the constitutions, for it authorizes the 
 taking of the employer's property without his consent 
 and without his fault. So far as the statute merely 
 creates a new remedy in addition to those which existed 
 before it is not invalid. The state has complete control 
 over the remedies which it offers to suitors in its courts 
 even to the point of making them applicable to rights 
 -or equities already in existence. It may change the 
 common law and the statutes so as to create duties and 
 liabilities which never existed before. It is true, as 
 stated by Mr. Justice Brown in Holden v. Hardy (169 
 U. S. 366, 385, 386), that "the law is, to a certain extent, 
 a progressive science; that in some of the states meth- 
 ods of procedure, which at the time the constitution 
 was adopted were deemed essential to the protection 
 and safety of the people, or to the liberty of the citizen, 
 have been found to be no longer necessary; that restric- 
 tions which had formerly been laid upon the conduct of 
 individuals, or of classes of individuals, had proved detri- 
 mental to their interests; while, upon the other hand, 
 certain other classes of persons, particularly those en- 
 gaged in dangerous or unhealthful employments, have 
 teen found to be in need of additional protection. Even 
 before the adoption of the constitution, much had been 
 done toward mitigating the severity of the common law, 
 particularly in the administration of its criminal branch. 
 * * * The present century has originated legal reforms 
 of no less importance. The whole fabric of special plead- 
 ing, once thought to be necessary to the elimination of 
 the real issue between the parties, has crumbled to
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. no 
 
 pieces. The ancient tenures of real estate have been 
 largely swept away, and land is now transferred almost 
 as easily and cheaply as personal property. Married 
 women have been emancipated from the control of their 
 husbands and placed upon a practical equality with them 
 with respect to the acquisition, possession and transmis- 
 sion of property. Imprisonment for debt has been abol- 
 ished. Exemptions from execution have been largely 
 added to, and in most of the states homesteads are ren- 
 clered incapable of seizure and sale upon forced proc- 
 ess. Witnesses are no longer incompetent by reason 
 of interest, even though they be parties to the litiga- 
 tion. Indictments have been simplified, and an indict- 
 ment for the most serious of crimes is now the simplest 
 of all. In several of the states grand juries, formerly 
 the only safeguard against a malicious prosecution, have 
 been largely abolished, and in others the rule of unanim- 
 ity, so far as applied to civil cases, has given way to 
 verdicts rendered by a three-fourths majority." The 
 power of the state to make such changes in methods 
 of procedure and in substantive law is clearly recog- 
 nized. (Hurtado v. California, 110 U. S. 516, 4 Sup. Ct. 
 Ill, 292, 28 L. ed. 232; Hayes v. Missouri, 120 U. S. 68, 
 7 Sup. Ct. 350, 30 L. ed. 578; Missouri Pac. R. Co. v. 
 Mackey, 127 U. S. 205, 8 Sup. Ct. 1161, 32 L. ed. 107; 
 Hallinger v. Davis, 146 U. S. 314, 13 Sup. Ct. 105, 36 L. 
 ed. 986; Matter of Kemmler, 136 U. S. 436, 10 Sup. Ct. 
 930, 34 L. ed. 519; Duncan v. Missouri, 152 U. S. 377, 
 14 Sup. Ct. 570, 38 L. ed. 485.) We repeat, however, 
 that this power must be exercised within the constitu- 
 tional limitations which prescribe the law of the land. 
 "Due process of law" is process due according to the 
 law of the land, and the phrase as used in the fourteenth 
 amendment of the Federal Constitution with reference to 
 the power of the states means the general law of the 
 several states as fixed or guaranteed by their constitu-
 
 Ill NEW YORK ACT. 57 
 
 tions. As stated by Mr. Webster, in the Dartmouth 
 College case, "the law of the land is the general law; 
 the law which hears before it condemns, which proceeds 
 upon inquiry and renders judgment only after trial." 
 
 If we are warranted in concluding that the new 
 statute violates private right by taking the property of 
 one and giving it to another without due process of 
 law, that is really the end of this case. But the auspices 
 under which this legislation was enacted, no less than 
 its intrinsic importance, entitle its advocates to the 
 fullest consideration of every argument in its support, 
 and we, therefore, take up the discussion of the police 
 power under which this law is sought to be justified. 
 The police power is, of course, one of the necessary at- 
 tributes of civilized government. In its most compre- 
 hensive sense it embraces the whole system by which 
 the state seeks to preserve the public order, to prevent 
 offenses against the law, to insure to citizens in their 
 intercourse with each other the enjoyment of their own 
 so far as is reasonably consistent with a like enjoyment 
 of rights by others. Under it persons and property are 
 subjected to all kinds of restraints and burdens in order 
 to secure the general comfort, health and prosperity 
 of the state. But it is a power which is always subject 
 to the constitution, for in a constitutional government 
 limitation is the abiding principle, exhibited in its high- 
 est form in the constitution as the deliberative judg- 
 ment of the people, which moderates every claim of 
 right and controls every use of power. In the language 
 of Chief Justice Shaw, in Commonwealth v. Alger (7 
 Cush. (Mass.) 85): "It is much easier to perceive and 
 realize the existence and sources of this power than to 
 mark its boundaries or prescribe limits to its exercise." 
 It covers a multitude of things that are designed to pro- 
 tect life, limb, health, comfort, peace and property ac- 
 cording to the maxim sic utere tuo ut alienum non
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 112 
 
 laedas, but its exercise is justified only when it appears 
 that the interests of the public generally, as distin- 
 guished from those of a particular class, require it, and 
 when the means used are reasonably necessary for the 
 accomplishment of the desired end, and are not unduly 
 oppressive. (Lawton v. Steele, 152 U. S. 133, 137, 14 
 Sup. Ct. 499, 38 L. ed. 385; Colon v. Lisk, 153 N. Y. 188, 
 196, 47 N. E. 302, 60 Am. St. 609; Wright v. Hart, 182 N. 
 Y. 330, 75 N. E. 404, 2 L. R. A. (N. S.) 338.) In order to 
 sustain the legislation under the police power the courts 
 must be able to see that its operation tends in some de- 
 gree to prevent some offense or evil, or to preserve pub- 
 lic health, morals, safety and welfare. If it discloses no 
 such purpose, but is clearly calculated to invade the lib- 
 erty and property of private citizens, it is plainly the 
 duty of the courts to declare it invalid, for legislative 
 assumption of the right to direct the channel into which 
 the private energies of the citizen may flow, or legisla- 
 tive attempt to abridge or hamper the right of the citi- 
 zen to pursue, unmolested and without unreasonable 
 regulation, any lawful calling or avocation which he 
 may choose, has always been condemned under our 
 form of government. Concrete illustrations of what 
 may and what may not be done under the police power 
 are to be found in this very Labor Law of which the 
 new statute is a part. As this statute stood before arti- 
 cle 14-a was added, it regulated electric work, the opera- 
 tion of elevators, work on scaffolds, work with explo- 
 sives and compressed air, the construction of tunnels 
 and railroad work. It regulated the hours of work in 
 certain employments; it directed the payment of wages 
 in cash at specified periods ; it provided for the protec- 
 tion of employes engaged in the erection of buildings; 
 it compelled the employer to guard dangerous and ex- 
 posed machinery; to construct fire escapes and venti- 
 lating appliances; to provide toilet facilities, pure drink-
 
 113 NEW YORK ACT. 57 
 
 ing water and sanitary arrangements; it prohibited the 
 employment of women, and of children under certain 
 ages, in specified occupations; it regulated the hours of 
 'labor of minors; it modified the fellow-servant rule, the 
 law of contributory negligence and the assumption of 
 risks; and, in short, it imposed upon the employer many 
 restrictions and duties which were unknown to the 
 common law. Broadly classified, all these and similar 
 statutory provisions which are designed, in one way or 
 another, to conserve the health, safety or morals of the 
 employes, and to increase the duties and responsibili- 
 ties of the employer, are rules of conduct which properly 
 fall within the sphere of the police power. (Holden v. 
 Hardy, 169 U. S. 366, 18 Sup. Ct. 383, 42 L. ed. 780; Mis- 
 souri Pac. Ry. Co. v. Mackey, 127 U. S. 205, 8 Sup. Ct. 
 1161, 32 L. ed. 107.) But the new addition to the Labor 
 Law is of quite a different character. It does nothing 
 to conserve the health, safety or morals of the employes, 
 and it imposes upon the employer no new or affirma- 
 tive duties or responsibilities in the conduct of his busi- 
 ness. Its sole purpose is to make him liable for injuries 
 which may be sustained wholly without his fault, and 
 solely through the fault of the employe, except where 
 the latter fault is such as to constitute serious and will- 
 ful misconduct. Under this law, the most thoughtful 
 and careful employer, who has neglected no duty, and 
 whose workshop is equipped with every possible appli- 
 ance that may make for the safety, health and morals 
 of his employes, is liable in damages to any employe 
 who happens to sustain injury through an accident 
 which no human being can foresee or prevent, or. which, 
 if preventable at all, can only be prevented by the rea- 
 sonable care of the employe himself. That this is the un- 
 mistakable theory and purpose of the act is made per- 
 fectly plain by the recital in section 215, which sets 
 forth that from the nature, conditions or means of pro- 
 
 g BOYJ> W C
 
 57 WORKMEN S COMPENSATION AND INSURANCE. 1 14 
 
 secution of the work in the employments which are 
 classified as dangerous, "extraordinary risks to the life 
 and limb of workmen engaged therein are inherent, 
 necessary or substantially unavoidable, and as to each 
 of which employments it is deemed necessary to estab- 
 lish ar new system of compensation for accidents to 
 workmen." And to make the matter still more plain, 
 the learned counsel for the commission argues in his 
 brief that "if it is competent for the legislature to say 
 to the employer in a dangerous trade, 'use the utmost 
 care in giving your workmen safe work, so that no act 
 of yours, or implement of yours, or work that you set 
 them to do shall hurt them, and if you fail you shall be 
 liable in damages,' if it is competent to make such a 
 law, then it is equally competent to say as in this new 
 act directly, 'you shall be responsible for all damages 
 caused by unsafe condition of work,' and that is just 
 what the liability for trade risks under the new act 
 means." In this argument the learned counsel ignores, 
 or at least misses, as we think, the vital distinction be- 
 tween legislation which imposes upon an employer a 
 legal duty, for the failure to perform which he may be 
 penalized or rendered liable in damages, and legislation 
 which makes him liable notwithstanding he has faith- 
 fully observed every duty imposed upon him by law. 
 At pages 46 and 47 of the report of the commissioners 
 are quoted the several pertinent provisions of our State 
 Constitution. (Art 1, sec. 18; art. 1, sec. 2; art. 1, sec. 1 ; 
 art. 1, sec. 6.) With reference to these, the commis- 
 sioners say: "It is obvious, on a mere reading, that the 
 first section makes it impossible for the legislature to 
 enact any law which will take away from the represen- 
 tatives of an injured workman the right of action there 
 named for injuries causing death, nor can the legislature 
 limit it in any way. It is equally obvious, it seems to 
 us, that it was the intention of the second section of
 
 115 NEW YORK ACT. 57 
 
 the Constitution (Art. 1, sec. 2), to provide that in all 
 controversies in the courts of law either side should 
 finally have a right to a jury trial on the question of lia- 
 bility, and however successful or unsuccessful jury trials 
 may be in cases of employer's liability, or in other cases, 
 that solemn mandate of the Constitution cannot be set 
 aside. The third and fourth sections of the Constitution 
 above quoted are practically those which, like the four- 
 teenth amendment of the Federal Constitution, provide 
 for due process of law in all legislation, that is, speaking 
 generally, which prohibit the passage by the legislature 
 of such legislation as shall arbitrarily deprive any of the 
 citizens of the state of life, liberty or property." 
 
 These are interesting and salient admissions, but the 
 ease with which these constitutional provisions are 
 brushed aside is startling. Continuing, the commis- 
 sioners say: "But we regard it as settled that the legis- 
 lature has power, if it so chooses, to change or abrogate 
 the common law on employer's liability, or the Em- 
 ployers' Liability Act, or any other statutes in regard 
 thereto. * * * The legislature of this state, in the 
 exercise of its general powers, * * * has in the 
 past so legislated as to prescribe that employers in New 
 York industries, shall conduct their business, use their 
 machines and use their property in such ways as shall 
 conduce to the safety of the employes and the preven- 
 tion of accident and disease. Such is the whole purpose 
 of the Labor Law. * * * We are of opinion that it 
 is competent for the legislature to take a further step 
 and provide conditions of the carrying on of such dan- 
 gerous industries not at the moment conditions as to 
 the method of carrying them on but conditions pro- 
 viding that any man in the state who carries on such 
 dangerous trades shall be liable to make compensation 
 to the employes injured either by the fault of the em- 
 ployer, or by those unavoidable risks of the employ-
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 116 
 
 ment. The effect of such a statute would be to reverse 
 the common-law doctrine that the employe assumes the- 
 risk of his employment." 
 
 With all due respect to the members of the com- 
 mission we beg to observe that the statute enacted in 
 conformity with their recommendations, does not stop 
 at reversing the common law; it attempts to reverse the 
 very provisions of the Constitution which, the commis- 
 sioners admit, are obviously beyond the reach of the leg- 
 islature. We cannot understand by what power the leg- 
 islature can take away from the employer a constitu- 
 tional guaranty of which the employe may not also be 
 deprived. If it is beyond the power of the legislature to 
 take from the representatives of deceased employes 
 their rights of action under the Constitution, by what 
 measure of power or justice may the legislature assume 
 to take from the employer the right to have his liability 
 determined in an action at law? Conceding, as we do, 
 that it is within the range of proper legislative action 
 to give a workman two remedies for a wrong, when 
 he had but one before, we ask, by what stretch of the 
 police power is the legislature authorized to give a 
 remedy for no wrong? If, before the passage of this 
 law, the employer had a right to a jury trial upon the 
 question of liability, where and how did he lose it? Can 
 it be taken from him by the mere assertion that this 
 statute 'only reverses the common-law doctrine that the 
 employe assumes the risk of his employment? It would 
 be quite as logical and effective to argue that this legis- 
 lation only reverses the laws of nature, for in everything 
 within the sphere of human activity the risks which are 
 inherent and unavoidable must fall upon those who are 
 exposed to them. We must admit that what the legis- 
 lature may prohibit it may absolutely control. Where 
 the right to exist, as in case of corporations, depends 
 upon the will of the legislature, that right may be grant-
 
 NEW YORK ACT. 57 
 
 ed subject to prescribed conditions. In such a case an 
 employer may be made an insurer of the safety of his 
 employes as a condition of the permission to engage in 
 business. But when an industry or calling is per se 
 lawful and open to all, and, therefore, beyond the prohi- 
 bitive power of the legislature, the right of government- 
 al control is subject to such reasonable enactments as 
 are directly designed to conserve health, safety, com- 
 fort, morals, peace and order. (Lochner v. New York, 
 198 U. S. 45, 25 Sup. Ct. 539, 49 L. ed. 937.) For the fail- 
 ure of an employer to observe such regulations the leg- 
 islature may unquestionably enact direct penalties or 
 create presumptions of fault which, if not rebutted by 
 proof, may be regarded as sufficient evidence of liability 
 for damages. That must be the extreme limit of the 
 police power, for just beyond is the Constitution which, 
 in substance and effect, forbids that a citizen shall be 
 penalized or subjected to liability unless he has violated 
 some law or has been guilty of some fault. 
 
 The limitations of the police power are illustrated in 
 a great variety of cases. In Matter of Jacobs (98 N. Y. 
 98, 99, 50 Am. Rep. 636), it was held that an act was 
 void which made it a misdemeanor to manufacture ci- 
 gars or prepare tobacco in certain tenements. In People 
 v. Marx (99 N. Y. 377, 2 N. E. 29, 52 Am. Rep. 34), this 
 court condemned an act absolutely prohibiting the man- 
 ufacture or sale of oleomargarine, upon the ground that 
 it interfered with a lawful industry, not injurious to the 
 public and not fraudulently conducted, although in a 
 later case (People v. Arensberg, 105 N. Y. 123, 11 N. E. 
 277, 59 Am. Rep. 483), another statute relating to the 
 same subject was upheld because it was directly aimed 
 at a designed and intentional imitation of dairy butter. 
 In People v. Gillson (109 N. Y. 389, 404, 17 N. E. 343, 4 
 Am. St. 465) it was held that a statute was not within 
 the police power which prohibited the sale or dis-
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 118 
 
 posal of any article of food upon any representation or 
 inducement that anything else will be delivered as a gift, 
 prize, premium or reward to the purchaser. The ground 
 of the decision was that it was not a health law ; that it 
 was not designed to prevent the adulteration of food, 
 and that it was not in the power of the legislature to 
 convert an innocent act into a crime. In Colon v. Lisk 
 (153 N. Y. 188, 47 N. E. 302, 60 Am. St. 609) the 
 statute under consideration provided for the summary 
 seizure of any boat or vessel, used by one person in in- 
 terfering with the oysters or shell fish of another, and 
 for its forfeiture and sale. It was held that the statute 
 sanctioned an unauthorized confiscation of private prop- 
 erty for the mere protection of private rights and was 
 not within the police power of the state. In People v. 
 Hawkins (157 N. Y. 1, 51 N. E. 257, 68 Am. St. 736, 
 42 L. R. A. 490) this court decided that a statute was 
 void which made it a misdemeanor to sell or expose for 
 sale any goods made in a penal institution unless they 
 were labeled "convict made." In People v. Orange 
 County Road Com. Co. (175 N. Y. 84, 67 N. E. 129, 65 
 L. R. A. 33) it was held that the state cannot dictate to 
 independent contractors on state work the hours of 
 labor which they shall prescribe for their employes, 
 where there was nothing in the character of the work 
 or in the provisions of the contract to justify legislative 
 interference. In Beardsley v. N. Y., L. E. & W. R. R. 
 Co. (162 N. Y. 230, 56 N. E. 488) what is known as the 
 "Mileage Book Act," which required railroad companies 
 to issue mileage books and provided a penalty for re- 
 fusal, was unconstitutional as to railroad corporations in 
 existence at the time of its enactment, because it was an 
 illegal invasion of the vested property rights of such cor- 
 porations. In Schnaier v. Navarre Hotel & I. Co. (182 
 N. Y. 88, 74 N. E. 561, 108 Am. St. 790, 70 L. R. A. 
 722) the court pronounced invalid a statute which pro-
 
 119 NEW YORK ACT. 57 
 
 vided that it should be unlawful for a copartnership to 
 engage in the business of employing a master plumber 
 unless each and every member thereof shall have regis- 
 tered, after examination and certification by an exam- 
 ining board of plumbers. In People v. Marcus (185 N. 
 Y. 257, 77 N. E. 1073, 13 Am. St. 902, 7 L. R. A. (N. 
 S.) 282), it was held that a section of the Penal Code 
 was void which provided, in substance, that no person 
 shall make the employment of another, or the contin- 
 uance of such employment, conditional upon the em- 
 ploye's not joining or becoming a member of a labor 
 organization. In People v. Williams (189 N. Y. 131, 
 134, 81 N. E. 778, 121 Am. St. 854, 12 L. R. A. (N. 
 S.) 1130), this court condemned that part of the Labor 
 Law which prohibited the employment of an adult fe- 
 male in a factory before six o'clock in the morning or 
 after nine o'clock in the evening, and held that it was 
 not a proper exercise of the police power, since it had no 
 reference to the number of hours of labor or to the 
 healthfulness of the employment. 
 
 We have yet to consider certain special cases upon 
 which the exponents of this new law have planted their 
 faith and hope, and these run along such divergent lines 
 as to indicate, more clearly than anything else, the ab- 
 sence of any sound legal theory upon which this legisla- 
 tion can be sustained. These cases are cited in support 
 of the contention that the common law and our statutes 
 furnish many illustrations of legal liability without fault, 
 but we shall endeavor by analysis to show how inappli- 
 cable they are to the questions now before the court. 
 The case of Marvin v. Trout (199 U. S. 212, 224, 26 Sup. 
 Ct. 31, 34, 50 L. ed. 157) arose under an Ohio statute 
 which subjected premises used for gambling to a lien 
 for money lost in gambling. The statute forbade gam- 
 bling, and the court very properly argued that "The 
 power of the state to enact laws to suppress gambling
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 120 
 
 cannot be doubted, and, as a means to that end, we have 
 no doubt of its power to provide that the owner of the 
 building in which gambling is conducted, who know- 
 ingly looks on and permits such gambling, can be made 
 liable in his property which is thus used, to pay a judg- 
 ment against those who won the money, as is provided 
 in the statute. * * * The liability of the owner of 
 the building to make good the" loss sustained, under the 
 circumstances set forth in the statute, was clearly part 
 of the means resorted to by the legislature for the pur- 
 pose of suppressing the evil in the interests of the public 
 morals and welfare." (P. 224.) A more cogent illustra- 
 tion of the undoubted application of the police power 
 cannot be found. In the interest of good morals it is not 
 merely the right but the duty of the state to suppress 
 gambling, and the case, so far from being an authority 
 for the idea of liability without fault, proceeds directly 
 upon the theory that the owner was at fault in permit- 
 ting his premises to be used for an illegal purpose. Then 
 there is the case of Bertholf v. O'Reilly (74 N. Y. 509, 
 30 Am. Rep. 323), in which this court upheld the so- 
 called "Civil Damage act" which gave to every husband, 
 wife, parent, guardian, employer or other person who 
 should be injured in person or property or means of 
 support by any intoxication of any person, a right of 
 action against any person who by selling or giving away 
 intoxicating liquors caused the intoxication, in whole or 
 in part, and subjecting to the same liability any person 
 or persons owning or renting or permitting the occupa- 
 tion of any building or premises with knowledge that 
 intoxicating liquors were to be sold thereon. In that 
 case, as in the case of Marvin v. Trout (supra), the con- 
 trolling principle was that the state had the right to pro- 
 hibit and, therefore, the absolute right to control. As 
 Judge Andrews pertinently observed, "the right of the 
 state to regulate the traffic in intoxicating liquors, with-
 
 121 NEW YORK ACT. 5/ 
 
 in its limits, has been exercised from the foundation of 
 the government, and is not open to question. The state 
 may prescribe the persons by whom and the conditions 
 under which the traffic may be carried on. It may im- 
 pose upon those who act under its license such liabili- 
 ties and penalties as in its judgment are proper to se- 
 cure society against the dangers of the traffic and indi- 
 viduals against injuries committed by intoxicated per- 
 sons under the influence of or resulting from their in- 
 toxication.'' (P. 517.) The defendant in that case, it is 
 true, was not the licensee, but he had rented his prem- 
 ises for the traffic in intoxicating liquors knowing that 
 they were to be so used. Upon that feature of the case 
 Judge Andrews said: "The liability imposed ^tipon the 
 landlord for the acts of the tenant is not a new princi- 
 ple in legislation. His liability only arises when he has 
 consented that the premises may be used as a place for 
 the sale of liquors. He selects the tenant, and he may, 
 without violating any constitutional provision, be made 
 responsible for the tenant's acts connected, with the use 
 of the leased property." (P. 525.) That is very far from 
 being a case of liability without fault. The enactment 
 of the "Civil Damage Act" was clearly within the police 
 power, and the liability imposed did not deprive either 
 the tenant or the landlord of "due process of law," for 
 each had the right to his day in court and an opportunity 
 to disprove the facts upon which the statutory right of 
 action depended. Let us suppose, however, that the 
 statute had gone so far as to provide that the mere 
 fact of selling liquor by the tenant, or the mere fact 
 of renting the premises for that purpose by the landlord, 
 should be deemed conclusive proof of the intoxication 
 of the person to whom the liquor was sold, and of the 
 fact that the person bringing the suit had suffered injury 
 thereby, so that the person sued could not be heard 
 to deny or disprove his responsibility for the intoxi-
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 122 
 
 cation or the injuries resulting therefrom. Would 
 that be "due process of law?" Suppose that the Ohio 
 statute, which was also clearly within the general scope 
 of the police power, had imposed upon the landlord a 
 liability for money lost in gambling on his premises 
 without his knowledge of the purpose for which the 
 building was used, and had declared that evidence of the 
 mere loss of the money should be sufficient to sustain a 
 judgment against him. That would clearly be a case of 
 liability without fault; but what court, controlled by 
 constitutional limitations, would render such a judg- 
 ment? We are referred to the case of Chicago, Rock 
 Island & Pacific Railway Co. v. Zernecke (183 U. S. 582, 
 22 Sup. Ct. 229, 46 L. ed. 339) as an illustration of liabil- 
 ity without fault. We think that case has no analogy to 
 the case at bar. There a statute of Nebraska imposed 
 upon railroad corporations a liability for all injuries to 
 passengers except when occasioned by the criminal neg- 
 ligence of the person injured, or when the injury was 
 sustained in the violation of some express rule or regu- 
 lation of the corporation. The point decided in that case 
 was that this rule of liability was a part of the very stat- 
 ute under which the corporation took its charter. The 
 defendant in the case at bar is a railroad corporation, 
 and as such may be subject to state regulations which 
 would not apply to other corporations or to individuals, 
 but we are not now concerned with that question, since 
 the statute before us has reference to employers in 
 their relations with their employes, and not to railroads 
 in their service to the public. 
 
 In support of this new statute we are also asked to 
 consider the supposed analogies of the law of deodands; 
 the common-law liability of the husband for the torts of 
 his wife; the liability of the master for the acts of his 
 servant, and the liability of a ship for the care and main- 
 tenance of sick or disabled seamen. From the historical
 
 123 NEW YORK ACT. ' 57 
 
 point of view, these subjects might be very entertain- 
 ingly elaborated, but for the practical purposes of this 
 discussion they may be very briefly disposed of. If the 
 law of deodands was ever imported into this country it 
 has never, to our knowledge, found expression in a sin- 
 gle statute or judicial decision. It was one of those 
 primitive conceptions of justice under which a chattel 
 which caused the death of a human being was forfeited 
 to the king. We are unable to see what bearing it can 
 have upon the question whether, under our Constitu- 
 tions, it is due process of law to render a man liable for 
 damages when he has been guilty of no fault. Quite as 
 far-fetched seems the argument based upon the com- 
 mon-law liability of the husband for the torts of his wife. 
 Under the common-law unity of husband and wife, the 
 latter was presumed to act under the compulsion of the 
 former; and the wife could never be sued alone. As the 
 marriage vested the husband with the personal prop- 
 erty of the wife, it was simply logical that he should pay 
 her obligations. So with the liability of the master for 
 the acts of his servant, the whole theory is expressed in 
 the maxim qui facit per alium facit per se. He who acts 
 through another acts himself. How do these illustra- 
 tions support the principle of liability without fault? 
 Could a husband or master be held liable under the com- 
 mon law when the wife or servant had been guilty of no 
 wrong? Would the common law have denied to the hus- 
 band or master the right to provide that no tort had 
 been committed by the wife or servant? The admiralty 
 cases of The Osceola (189 U. S. 158, 23 Sup. Ct. 483, 47 
 L. ed. 760), The City of Alexandria (17 Fed. 399), 
 and the case of Scarff v. Metcalf (107 N. Y. 211, 13 N. E. 
 796, 1 Am. St. 807) seem to us equally inapplicable 
 as authorities for the proposition that the law recognizes 
 liability without fault. It is common knowledge that 
 the contracts and services of seamen are exceptional in
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 124 
 
 character. A seaman engages for the voyage. He is 
 subject to physical discipline, and exposed to hardships 
 and dangers peculiar to the sea. He is, in effect, a co- 
 adventurer with the master, and shares in the risks of 
 shipwreck and capture, often losing his wages by cas- 
 ualties which do not affect workmen on land. For these 
 and many other obvious reasons the maritime law has 
 wisely and benevolently built up peculiar rights and 
 privileges for the protection of the seaman which are 
 not recognizable in the common law. When he is sick 
 or injured he is entitled to be cared for at the expense 
 of the ship, and for the failure of the master to perform 
 his duty in this regard, the ship or the owner is liable. 
 That is a right given to the seaman, and a duty enjoined 
 upon the master, by the plainest dictates of justice, 
 which arises out of the necessities of the case ; and, be- 
 cause of the reason of the rule, the right and duty cease 
 when the contract has terminated and the seaman has 
 been returned to the port of shipment or discharge, or 
 has been furnished with means to do so. But beyond 
 this duty on the part of the master or owner, there 
 seems to be no liability whatever for injuries sustained 
 by the seaman in the course of his work. We think it 
 may confidently be asserted that within the whole range 
 of the maritime law there will be found no rule which 
 renders master, owner or ship liable in damages for an 
 injury sustained by the seaman without fault on the part 
 of any one, or without any fault except his own. The 
 case of Scarff v. Metcalf (107 N. Y. 211, 13 N. E. 796, 1 
 Am. St. 807) was not disposed of upon any such 
 theory, but was based upon the neglect of the master to 
 perform the duty of caring for the injured seaman im- 
 posed by the maritime law. The legal status of seamen 
 is clearly illustrated in the case of Robertson v. Baldwin 
 (165 U. S. 275, 17 Sup. Ct. 326, 41 L. ed. 715), where it 
 was held that compulsory personal service of a seaman
 
 NEW YORK ACT. 57 
 
 in performance of his contract was not a violation of the 
 thirteenth amendment to the Federal Constitution for- 
 bidding slavery or involuntary servitude. In that case 
 the learned justice who wrote for the court suggested 
 that enforced service under a seaman's contract was not 
 involuntary within the Constitution, although the don- 
 tract would not be enforced by the courts. But in the 
 later case of Clyatt v. United States (197 U. S. 207, 25 
 Sup. Ct. 429, 49 L. ed. 726) it was held that peonage or 
 enforced service, whether under a voluntary contract of 
 .service or not, was involuntary servitude and forbidden 
 by the Constitution in all cases save those arising out of 
 the exceptional relations of the seaman to his ship, the 
 child to its parents, and the apprentice to his master. In 
 the review in Robertson v. Baldwin (supra), of the 
 various decisions in admiralty, it is made quite clear that 
 the courts have always regarded seamen as irresponsi- 
 ble to a degree which makes them incapable of fully 
 protecting their own rights. With the power given to 
 the employer of seamen to compel specific performance 
 of their contracts, there are imposed certain obligations 
 unknown to any other relation. It is a relation which 
 rests on affirmative law and not on natural right. We 
 -can find no analogy between a case arising out of such a 
 relation and one in which an adult of sound mind and 
 capable of freely contracting for himself voluntarily 
 enters upon employment from which he is at liberty to 
 withdraw whenever he will. 
 
 Great reliance is placed upon the case of St. Louis 
 & San Francisco Ry. Co. v. Mathews (165 U. S. 1, 17 
 Sup. Ct. 243, 41 L. ed. 611) in support of the contention 
 that there may be liability where there is no delin- 
 quency. That was an action brought by an owner of 
 land adjoining the defendant's railroad to recover dam- 
 ages for the destruction of his dwelling house and other 
 buildings, caused by fire which spread from sparks emit-
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 126 
 
 ted by the defendant's locomotives. The action was 
 brought under a statute of the state of Missouri which 
 provided that "each railroad corporation, owning or 
 operating a railroad in this state, shall be responsible in 
 damages to every person and corporation whose prop- 
 erty may be injured or destroyed by fire communicated, 
 directly or indirectly, by locomotive engines in use upon 
 the railroad owned or operated by such railroad corpora- 
 tion; and each such railroad corporation shall have an 
 insurable interest in the property upon the route of the 
 railroad owner or operated by it, and may procure in- 
 surance thereon in its own behalf, for its protection 
 against such damages." The statute was upheld as being 
 within the legislative power of the state. That decision 
 is amply supported by a number of reasons which have 
 no application to the controversy at bar. To begin with, 
 the Constitution of Missouri contained a clause, which 
 was in force when the railroad company obtained its 
 charter, providing that "the exercise of the police power 
 of the state shall never be abridged, or so construed as 
 to permit corporations to conduct their business in such 
 manner as to infringe the equal rights of individuals, or 
 the general well-being of the state." (Missouri Const., 
 art. 12, sec. 5.) Another ample reason is found in the 
 fact that railroads alone "have the privilege of taking a 
 narrow strip of land from each owner, without his con- 
 sent, along the route selected for the track, and of 
 traversing the same at all hours of the day and night, 
 and at all seasons whether wet or dry, with locomotive 
 engines that scatter fire along the margin of the land 
 not taken, thereby subjecting all combustible property 
 to extraordinary hazard of loss."'(Grissell v. Housatonic 
 R. R. Co., 54 Conn. 447, 9 Atl. 137, 1 Am. St. 138.) 
 Then, again, "the right to use the agencies of fire and 
 steam in the movement of trains is derived from legisla- 
 tion of the state; and it certainly cannot be denied that
 
 I2/ NEW YORK ACT. 57 
 
 it is for the state to determine what safeguards must 
 be used to prevent the escape of fire, and to define the 
 extent of the liability for fires resulting from the opera- 
 tion of trains by means of steam locomotives. This is a 
 matter within state control." (Hartford Ins. Co. v. Chi., 
 Mil. & St. Paul Ry. Co., 62 Fed. 904.) A legisla- 
 ture may, if it chooses, make it a condition of the right 
 to run carriages propelled by the agency of fire, that the 
 corporation employing them shall be responsible for all 
 injuries which fire may cause. (Ingersoll & Quigley v. 
 Stockbridge & Pittsfield R. R. Co., 8 Allen 438; Grand 
 Trunk Ry. 'Co. v. Richardson, 9 U. S. 454, 23 L. ed 356.) 
 And, finally, these statutes are designed to protect the 
 rights of those who have no contractual relations to 
 the corporations which inflict the injury. In such a case, 
 when both parties are equally faultless, the legislature 
 may properly consider it to be just that the duty of in- 
 suring private property against loss or injury caused by 
 the use of the dangerous instruments should rest upon 
 the railroad company, which employs the instruments 
 and creates the peril for its own profit, rather than upon 
 the owner of the property who has no control over or 
 interest in these instruments. Quite aside from the con- 
 siderations which support such a statutory liability 
 against railroad corporations, it may be added that it is 
 in no sense an extension of the rule of the common law 
 to modern conditions, but in reality a return to the ori- 
 ginal common-law doctrine under which every person 
 who permitted fire started by him to escape beyond his 
 house or close was liable to every one who suffered loss 
 or injury thereby. The severity of that early English 
 rule was moderated by numerous statutes, among which 
 are 6 Anne and 14 Geo. III. As to these two last-men- 
 tioned statutes it has been held that they became by- 
 adoption a part of the common law of this state (Thomp- 
 son's Negligence, vol. 1, p. 148 et seq., notes under "Lia-
 
 I 57 WORKMEN'S COMPENSATION AND INSURANCE. 128 
 
 bility for Damages by Fire," and Webb v. R., W. & O. 
 R. R. Co., 49 N. Y. 420, 426, 10 Am. Rep. 389), under 
 which neither individuals nor corporations are liable for 
 escaping fire unless there is negligence. (Clark v. Foot, 8 
 Johns. 421; Bennett v. Scutt, 18 Barb. 347, 349; Stuart 
 v. Hawley, 22 Barb. 619, 621 ; RadclifFs Exrs. v. Mayor, 
 etc., of Brooklyn, 4 N. Y. 195, 200, 53 Am. Dec. 357; Cal- 
 kins v. Barger, 44 Barb. 424; Sheldon v. Hudson R. R. 
 R. Co., 14 N. Y. 219, 67 Am. Dec. 155; Steinweg v. Erie 
 Ry., 43 N. Y. 123, 127, 3 Am. Rep. 673.) The cited cases 
 arising out of injuries inflicted by animals of known 
 dangerous or vicious propensities, and the liability which 
 has often been imposed for the maintenance of private 
 nuisances, we shall not discuss, for we think they are 
 governed by well-settled principles which clearly have 
 no application to the questions now before us. 
 
 In the addenda to the instructive brief of the counsel 
 for the commission our attention is called to three de- 
 cisions of the Federal Supreme Court which have been 
 'but recently decided and not yet officially reported. 
 (Noble State Bank v. Haskell, 219 U. S. 104, 31 Sup. Ct. 
 186, 55 L. ed. 112) ; Assaria State Bank v. Dolley, 219 U. 
 S. 121, 31 Sup. Ct. 189, 55 L. ed. 123), and Engel v. 
 O'Malley, 219 U. S. 128, 31 Sup. Ct. 190, 55 L. ed. 128.) 
 These cases, it is contended, strongly support the valid- 
 ity of the legislation which we are condemning because, 
 as counsel asserts, they go directly to the ultimate 
 question: "Is the act an unreasonable regulation 
 of the status of employment?" We have tried to 
 make it clear that in our judgment this statute 
 is not a law of regulation. It contains not a single pro- 
 vision which can be said to make for the safety, health 
 or morals of the employes therein specified, nor to im- 
 pose upon the enumerated employers any duty or obli- 
 gation designed to have that effect. It does not affect 
 the status of employment at all, but writes into the
 
 129 NEW YORK ACT. 57 
 
 contract between the employer and employe, without 
 the consent of the former, a liability on his part which 
 never existed before and to which he is permitted to in- 
 terpose practically no defense, for he can only escape 
 liability when the employe is injured through his own 
 wilful misconduct. That is a defense which needs no 
 legislative sanction, since it would be abhorrent to the 
 most primitive notions of justice to permit one to im- 
 pose liability for his wilfully self-inflicted injuries upon 
 another who is wholly free from responsibility for them. 
 The case of Engel v. O'Malley (supra) is so clearly dis- 
 tinguishable from the case at bar that we need only 
 state the facts to mark the contrast. The Engel case 
 arose under a New York statute which provides that in- 
 dividuals and firms shall not engage in the business of 
 receiving deposits for safe-keeping or for transmission, 
 or for any other purpose, or in the business of banking, 
 without first obtaining from the state comptroller a li- 
 cense. The same statute further provides that appli- 
 cants for such a license must pay a prescribed fee, give 
 bonds and submit to other restrictions. We have already 
 passed upon the constitutionality of certain parts of 
 that statute (Laws 1907, ch. 185) in Musco v. United 
 Surety Co. (196 N. Y. 459, 465, 90 N. E. 171, 173, 134 
 Am. St. 851), which was an action upon a bond 
 given under it, and have held that "the regulation of the 
 business of receiving deposits is plainly within the power 
 possessed by the state to regulate the conduct of various 
 pursuits when necessary for the protection of the pub- 
 lic." (P. 465.) The portion of the statute under consid- 
 eration in the last cited case was plainly directed against 
 an obvious evil which vitally affected the public welfare. 
 The city of New York is the gateway through which 
 this country admits each year thousands of poor and 
 ignorant immigrants who deal with individuals and firms 
 engaged in the business of exchanging domestic for for- 
 
 9 BOYD W C
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 130 
 
 eign money, receiving deposits and transmitting remit- 
 tances to foreign ports. It is a business which may, and 
 probably does, attract some irresponsible and mercen- 
 ary adventurers. A law designed to regulate and safe- 
 guard such a business in a way which affects no constitu- 
 tional property rights, is plainly within the police power 
 of the state. That is all that was involved in the Musco 
 case, and that is the extent to which this court has passed 
 upon the constitutionality of the New York statute 
 (Laws 1907, ch. 185). It need hardly be argued that a 
 law passed under the guise of such a purpose, but hav- 
 ing in fact no relation to it, and accomplishing nothing 
 to make the business of receiving deposits more safe, 
 would be as far beyond the sphere of the police power as 
 an amendment to the Banking Law requiring banks and 
 bankers to protect their customers, to whom they pay 
 moneys, against thefts or other physical losses thereof; 
 or an amendment to the Labor Law which would com- 
 pel the industrial employers to give each employe a va- 
 cation on full pay during two months of every year. 
 
 As to the cases of Noble State Bank v. Haskell (219 
 U. S. 104, 31 Sup. Ct. 186, 55 L. ed. 112) and Assaria 
 State Bank v. Dolley (219 U. S. 121, 31 Sup. Ct. 189, 55 
 L. ed. 123) we have only to say that if they go so far as 
 to hold that any law, whatever its effect, may be upheld 
 because by the "prevailing morality" or the "strong and 
 preponderant opinion" it is deemed "to be greatly and 
 immediately necessary to the public welfare," we cannot 
 recognize them as controlling of our construction of our 
 own Constitution. That the business of banking in the 
 several states may be regulated by legislative enactment 
 is too obvious for discussion. That the extent to which 
 such state regulation may be carried must depend upon 
 the difference in constitutional provisions is also plain. 
 How far these late decisions of the Federal Supreme 
 Court are to be regarded as committing that tribunal
 
 NEW YORK ACT. 57 
 
 to the doctrine that any citizen may be deprived of his 
 private property for the public welfare we are not pre- 
 pared to decide. All that it is necessary to affirm in the 
 case before us is that in our view of the Constitution of 
 our state the liability sought to be imposed upon the 
 employers enumerated in the statute before us is a tak- 
 ing of property without due process of law, and the 
 statute is, therefore, void. 
 
 The judgment of the Appellate Division should be 
 reversed and judgment directed for the defendant, with 
 costs in all courts. 
 
 Cullen, Ch. J., Gray, Haight, Willard Bartlett, Chase 
 and Collin, JJ., concur; Cullen, Ch. J., also files an opin- 
 ion, with whom Willard, Bartlett, J., concurs. 
 
 Judgment reversed, etc. 
 
 A concurring opinion was written by Chief Justice 
 Cullen, in which he said: 
 
 I concede that the legislature may abolish the rule 
 of fellow-servant as a defense to an action by employe 
 against the employer. Indeed, we have decided that in 
 upholding the so-called Barnes Act (Schradin v. N. Y. 
 C. & H. R. R. R. Co., 194 N. Y. 534, 87 N. E. 1126.) I 
 concede that the legislature may also abolish as a de- 
 fense the rule of assumption of risk and that of contribu- 
 tory negligence unless the accident proceed from the 
 wilful act of the employe. I concede that in a work, 
 occupation or business of such a nature that the legisla- 
 ture might prohibit its pursuit or exercise altogether, 
 the legislature may prescribe terms under which it may 
 be carried on. Plainly, this litigation does not present 
 such a case. The legislature could not revoke the fran- 
 chise it had previously given to the defendant to oper- 
 ate a railroad. (People v. O'Brien, 111 N. Y. 1, 18 N. E. 
 692, 7 Am. St. 68, 2 L. R. A. 255, ) I am not pre- 
 pared to deny that where the effects of the work, even 
 though prosecuted carefully, go beyond a person's own
 
 57 WORKMEN'S COMPENSATION AND INSURANCE. 132 
 
 property and injure third persons in no way connected 
 therewith, the person for whose account the work is 
 done may be held liable for injuries occasioned thereby. 
 I also concede the most plenary power in the legislature 
 to prescribe all reasonable rules for the conduct of the 
 work which may conduce to the safety and health of per- 
 sons employed therein. But I do deny that a person em- 
 ployed in a lawful vocation, the effects of which are con- 
 fined to his own premises, can be made to indemnify an- 
 other for injury received in the work unless he has been 
 in some respects at fault. I am not impressed with the 
 argument that "the common law imposed upon the 
 employe entire responsibility for injuries arising out of 
 the necessary risks or dangers of the employment. The 
 statute before us merely shifts such liability upon the 
 employer." It is the physical law of nature, not of gov- 
 ernment, that imposes upon one meeting with an injury, 
 the suffering occasioned thereby. Human law cannot 
 change that. All it can do is to require pecuniary in- 
 demnity to the party injured, and I know of no princi- 
 ple on which one can be compelled to indemnify an- 
 other for loss unless it is based upon contractual obli- 
 gation or fault. It might as well as argued in support 
 of a law requiring a man to pay his neighbor's debts, 
 that the common law requires each man to pay his own 
 debts, and the statute in question was a mere modifica- 
 tion of the common law so as to require each to pay 
 his neighbor's debts. It is urged that the legislation 
 before us can be upheld on the decision of the Supreme 
 Court of the United States in Noble State Bank v. Has- 
 kell (219 U. S. 104, 111, 31 Sup. Ct. 186, 188, 55 L. ed. 
 112.) In support of the claim there is cited from the 
 opinion the following: "It may be said in a general way 
 that the police power extends to all the great public 
 needs. (Camfield v. United States, 167 U. S. 518, 17 Sup. 
 Ct. 864, 42 L. ed. 260.) It may be put forth in aid of
 
 133 NEW YORK ACT. 57 
 
 what is sanctioned by usage, or held by the prevailing 
 morality or strong and preponderant opinion to be 
 greatly and immediately necessary to the public wel- 
 fare." (P. 111.) It is here possible that the doctrine of 
 these two sentences would justify the statute be- 
 fore us and possibly any legislation, if only sup- 
 ported by a sufficient popular demand, but it is 
 both unfair and unsafe to exempt fragmentary sen- 
 tences from the opinion of a court and interpret 
 them apart from the context of the whole opin- 
 ion. However that may be, the decision in the Noble 
 Bank case is not controlling upon this court in the con- 
 struction of the Constitution of our own state, and I am 
 not disposed to accept it, at least, until it has received 
 the approval of a majority of the court. I concur with 
 Judge Werner that the act, as applicable to the case be- 
 fore us, cannot be considered as an exercise of the power 
 of the state to regulate corporations. The act is gen- 
 eral, not confined to corporations, and even if it were, I 
 think its effect would be a deprivation of property not 
 authorized by the reserved power to regulate. 
 
 As to corporations hereafter formed, the question is 
 very different. The franchise to be a corporation is not 
 one inherent in the citizen, but proceeds solely from the 
 bounty of the legislature, and for that reason the legisla- 
 ture may dictate the terms on which it will be granted 
 and require the acceptance of the provisions of this act 
 as a condition of incorporation. (Purdy v. Erie R. R. 
 Co., 162 N. Y. 42, 56 N. E. 508, 48 L. R. A. 669; Minor 
 v. Erie R. R. Co., 171 N. Y. 566, 64 N. E. 454; People 
 ex rel. Schurz v. Cook, 110 N. Y. 443, 18 N. E. 113; 148 
 U. S. 397, 13 Sup. Ct. 645, 37 L. ed. 498; Chicago, R. I. 
 & Pac. R. Co. v. Zernecke, 183 U. S. 582, 22 Sup. Ct. 229, 
 46 L. ed. 839. Even in the case of existing corporations, 
 the corporate existence of all those created since the 
 Constitution of 1846 may be revoked by the legislature,
 
 58 WORKMEN'S COMPENSATION AND INSURANCE. 134 
 
 though the property rights of such corporations and 
 their special franchises other than the one to be a cor- 
 poration, can not be impaired. (Const., art. VIII, 1; 
 Lord v. Equitable Life Assur. Socy., 194 N. Y. 212, 87 N. 
 E. 443, 22 L. R. A. (N. S.) 420.) The property and fran- 
 chise would have to be managed by the owners as part- 
 ners or tenants in common, and the legislature might re- 
 quire as a condition of the continued right to be a cor- 
 poration that before the expiration of a reasonable 
 period the provisions of the statute should also be ac- 
 cepted by them. They are in the condition of a tenant at 
 will who, when the landlord raises the rent, must either 
 comply with his terms or, after the expiration of a rea- 
 sonable time prescribed by a notice to quit, surrender his 
 rights under the lease. But individual citizens, following 
 the ordinary vocation of life, asking no favors of the gov- 
 ernment, whether a corporate or other franchise, but 
 only the protection of life and property, which every 
 government owes to its citizens, and guilty of no fault, 
 can not be compelled to contribute to the indemnity of 
 other citizens who, by misfortune or the fault of them- 
 selves or others, have suffered injuries, except by the 
 exercise of the power of taxation imposed on all, at least 
 all of the same class, for the maintenance of public char- 
 ity. Of course, I am not now referring to obligations 
 springing from domestic relations. 
 
 Cullen, Ch. J., Gray, Haight, Willard, Bartlett, Chase 
 and Collin, JJ., concur; Cullen, Ch. J., also files an opin- 
 ion, with whom Willard, Bartlett, J., concurs. 
 
 Judgment reversed, etc. 
 
 58. Argument for constitutionality of act. The 
 argument of former President Roosevelt, the Wain- 
 wright Commission, The Outlook and those who have 
 contended for the constitutionality of the New York 
 Workmen's Compensation Law is, perhaps, best stated
 
 135 NEW YORK ACT. 58 
 
 by James Parker Hall, Dean of the University of Chi- 
 cago Law School. 4 The fundamental ground on which 
 the New York Court based its decision against the con- 
 stitutionality of the act was that it authorized the taking 
 of the property of the employer "without due process of 
 law" in violation of Fourteenth Amendment to the Fed- 
 eral constitution and a similar provision in the constitu- 
 tion of the state. Professor Hall argues that the act 
 does not take the property of the employer "without due 
 process." He says: 
 
 "Carriers and inkeepers (not protected by special 
 contract) are liable for goods destroyed without their 
 fault; the possessors of animals must keep them from 
 straying at their peril; the husband was absolutely liable 
 for the torts of his wife and the master for those of his 
 servant (within the scope of his authority), no matter 
 how carefully the servant was selected and instructed; 
 the person who had custody of a fire was liable for its 
 spread, regardless of fault (until the rule was altered by 
 statute) ; those who keep dangerous explosives do so at 
 their peril; the ship is liable for the care of sick and in- 
 jured sailors; persons who conduct blasting operations 
 do so at their peril as regards trespasses caused thereby; 
 one who digs in his land is absolutely liable for changes 
 thus caused in the surface of a neighbor's land, no mat- 
 ter how unforeseeable ; a landowner must keep his land 
 free from nuisances, even those created there by 
 strangers against his will and without his fault ; in some 
 jurisdictions one who brings on his land and keeps there 
 anything likely to escape and do damage (like a reser- 
 voir of water) is liable therefor, even though the escape 
 be without his fault ; and one who diverts the flow of sur- 
 face water may be held liable if, even without his fault, 
 his neighbor is flooded thereby. In addition to the 
 
 4 Journal of Political Economy, Vol. XIX, No. 8, October, 1911, 
 pp. 698-700.
 
 58 WORKMEN'S COMPENSATION AND INSURANCE. 136 
 
 above, which, as regards the defendant, are all in prin- 
 ciple cases of accidental injury without fault, there is the 
 great class of injuries caused by mistake, without fault, 
 as where one meddles with the person or property of an- 
 other, reasonably and in good faith thinking he has a 
 right to do so, when he has not. No fault of any kind 
 can be imputed to the defendant, but he is everywhere 
 held liable. 
 
 Statutes, too, have not infrequently imposed liabil- 
 ities without fault. Owners of dogs have been made 
 absolutely liable for damages done by them; drivers of 
 cattle have been made liable for injuries to roads; rail- 
 roads have been made liable for the unavoidable escape 
 of fire; it has been said carriers could be made abso- 
 lutely liable for injuries to passengers arising from the 
 operation of railroads; and banks have been compelled 
 to contribute toward each other's losses. Several state 
 courts have held unconstitutional laws making railways 
 absolutely liable for stock killed on the track, but a con- 
 trary view of this is apparently held by the United 
 States Supreme Court. Similar in principle seem to be 
 the important classes of cases where persons are liable 
 who, though wholly without fault, fail to avoid some 
 condition or result penalized by the law. Instances are 
 statutes absolutely requiring milk offered for sale to 
 meet a certain test, or railroads to have their car 
 couplings in a safe condition. It is no defense that a 
 cow's milk unforeseeably falls below the test, or that a 
 coupling unexpectedly becomes disabled between sta- 
 tions. 
 
 In the face of so large a number of instances of liabil- 
 ity without fault under our system of law, it can not be 
 successfully argued that a statute takes property with- 
 out due process of law merely because it imposes a new 
 liability of this character. The question instead must 
 be the more fundamental one: Does the statute seek
 
 137 NE W YORK ACT. 58 
 
 an end so unreasonable or arbitrary as not to be within 
 the legislative discretion? or, Has it sought a legitimate 
 end by similarly unreasonable or arbitrary means? If 
 these questions are answered in the negative, and the 
 statute violates no definite or historically well-settled 
 principles of private right, it should be held to be due 
 process. In the light of human experience during the 
 past generation throughout the civilized industrial 
 world, can a statute be said to be unreasonable or arbi- 
 trary that places upon the person conducting a hazard- 
 ous business the risk of personal injury to those em- 
 ployed in it? By a system of insurance this risk, like 
 those from fire, will at once be spread over the whole 
 industry, added to the cost of its product, and borne by 
 society, which also gets the benefit from the industry 
 and its hazards. 
 
 Some of the illustrations used by the New York 
 court in argument, if meant in full seriousness, show a 
 failure to appreciate the principle of the statute. For 
 instance, the court says: 
 
 "If the legislature can say to an employer, 'You must 
 compensate your employe for an injury not caused by 
 you or by your fault,' why can it not go farther and say 
 to the man of wealth, 'You have more property than you 
 need and your neighbor is so poor that he can barely 
 subsist ; in the interest of natural justice you must divide 
 with your neighbor so that he and his dependents shall 
 not become a charge upon the state?' " 
 
 And Chief Justice Cullen suggests that a law might 
 as well compel a man to pay his neighbor's debts as to 
 shift to him the risk of injury to men employed in his 
 hazardous employment. The difference between mak- 
 ing a business bear its own inherent risks, and making 
 well-to-do persons divide their property with the needy 
 generally or assume their debts is sufficiently obvious
 
 59 WORKMEN'S COMPENSATION AND INSURANCE. 138 
 
 even to the lay mind, and the use of such illustrations 
 sensibly weakens an opinion already unconvincing. 
 
 It is impossible to believe that this decision will stand 
 as the final interpretation of "due process of law" in 
 American constitutions applicable to workingmen's 
 compensation acts. As the United States Supreme 
 Court said in 1898 regarding the meaning of this consti- 
 tutional provision, 
 
 "In view of the fact that from the day Magna Charta 
 was signed to the present moment, amendments to the 
 structure of the law have been made with increasing fre- 
 quency, it is impossible to suppose that they will not con- 
 tinue, and the law be forced to adapt itself to new con- 
 ditions of society, and particularly the new relations be- 
 tween employers and employes, as they arise." 5 
 
 59. Reasons for upholding view of court. The 
 
 opinions of lawyers and publicists who espouse the 
 views of Professor Hall, and contend for the constitu- 
 tionality of the New York compensation act are bur- 
 dened with the assumption that there is no other remedy 
 which is adequate and available and which the Legisla- 
 ture of New York might not readily adopt and at the 
 same time come within the constitutional limitation of 
 "due process of law," and be sound from the standpoint 
 of economics. From the point of view of the author, 
 herein lies the error of their reasoning and the wisdom 
 of the constitutional limitations of the State and Federal 
 constitutions, and the wisdom in this respect of the opin- 
 ion of the Supreme Court of New York. 
 
 Good laws must rest ultimately upon sound eco- 
 nomic principles. Such a remedy is compulsory indus- 
 trial insurance for workmen which has been in operation 
 throughout continental Europe for twenty-five years 
 
 5 Holden v. Hardy, 169 U. S. 366, 387 : In this connection consult 
 the brief of Albert P. Thorn, Report of Employer's Liability Com- 
 mission of the United States, pt. 4, pp. 1281-1301. See further Hear- 
 ings before the Employer's Liability and Workmen's Compensation 
 Commission pursuant to Public Resolution, U. S. No. 4-5.
 
 139 NEW YORK ACT. 59 
 
 and has been enacted recently in Ohio, Massachusetts 
 and Washington. Compulsory industrial insurance 
 laws for workmen, state or mutual, which creates 
 a fund through the exercise of the taxing power 
 of the State comes within the constitutional lim- 
 itation of "due process of law." The states have 
 the right to enact such laws in the exercise of 
 their police powers for the protection of the health, 
 safety and the general welfare of the public. By 
 such laws the right of the employe to sue and of the em- 
 ployer to defend with his common-law defenses are ap- 
 propriated. The employes are given in return compen- 
 sation without regard to negligence, except willful 
 negligence, and the employer is given in return a dis- 
 charge from liability to suit, and this, without regard to 
 fault except in cases of malicious fault. 
 
 From the standpoint of economics, it must be kept 
 in mind that the number of employers who employ a few 
 men and who have a small amount of capital and all of 
 their credit invested in their business is very large. For 
 example, in Ohio, 50 per cent, of the employers employ 
 less than twenty men. Any remedy is insufficient which 
 does not furnish the employes of an employer of small 
 capital and of a few men as adequate and certain com- 
 pensation as it would the employes of the great employer 
 with many employes. A compensation act based upon 
 compulsory industrial insurance which provides a fund 
 through the exercise of the taxing power of the State 
 gives the employer of a few men as equitable protection 
 and his employes as certain and adequate compensation 
 as a compensation act of the form of the New York Act 
 would give the United States Steel Corporation and its 
 employes. 
 
 Whether a law is constitutional or not, depends ulti- 
 mately upon the fact that the law is supported by the 
 preponderating will of the people of the state whose
 
 59 WORKMEN'S COMPENSATION AND INSURANCE. 140 
 
 legislature enacted the law, and whether the preponder- 
 ating will of the people of a state continues to support 
 a law or not depends upon the accuracy with which the 
 law corrects the economic inequality which the people 
 desire to have cured. 
 
 59a. New York General Liability Law with com- 
 pensation features. 6 At the time the New York Work- 
 men's Compensation Law was enacted in 1910, there was 
 in existence a General Liability Law, 6 which contained 
 many compensation features. Though the compensa- 
 tion features of this statute have rarely been invoked, the 
 statute has not been repealed. The compensation pro- 
 visions of this statute are pointed out in a later chapter 
 on Matters Common to the Various American Com- 
 pensation Acts. 
 
 6 Labor Law, 1909, art 14, ch. 36 ; Laws 1910, amended ch. 352.
 
 CHAPTER VII. 
 
 THE MONTANA WOEKMEN'S INSURANCE ACT. 
 
 Sec. Sec. 
 
 60. Its nature and construction 62. The constitutionality of the 
 by the Supreme Court. act. 
 
 61. Questions presented to the 63. The effect of the decision, 
 court. 64. Text of the Montana Insur- 
 ance Act 
 
 60. Its nature and construction by the Su- 
 preme Court. The Montana Workmen's Insurance Act 
 was approved March 4th, 1909, and went into effect 
 October 1st, 1910, and its benefits were to commence 
 four months thereafter. This act provided for an in- 
 surance fund for the benefit of "all workmen, laborers, 
 and employes employed in and around any coal mines or 
 in and around any coal washeries in which coal is treated, 
 except office employes, superintendents and general 
 managers, in case of accidents occurring in the course 
 of their employment." It provided for a co-operative 
 fund, contributions thereto being made by employers 
 on the basis of the product of their mines, and by em- 
 ployes on the basis of their gross earnings. Fixed sums 
 were to be paid injured persons in case of disability, or 
 to their surviving dependents in case the injury resulted 
 in death. The administration of the law was committed 
 to the auditor of the State, the act being in large mea- 
 sure automatic in its operation. While obligatory upon 
 the employer and his workmen to make the payments 
 prescribed by the law, injured workmen or their depend- 
 ents might ignore the provisions of the law and sue for 
 damages under either statute or common law. 
 
 The constitutionality of the act was finally deter- 
 mined by the Montana Supreme Court in Cunningham v. 
 
 141
 
 6 1 WORKMEN'S COMPENSATION AND INSURANCE. 142 
 
 Northwestern Improvement Co. 1 in 1911. In the lower 
 court the right of the auditor to collect the assessments 
 provided for by the act was challenged by a coal mining 
 company and it refused to pay the sums due, where- 
 upon the auditor brought action in the court below on 
 an agreed statement of facts. The sole question in- 
 volved was the constitutionality of the act. The act 
 was sustained by the district court, whereupon the 
 Northwestern Improvement Co. appealed. This appeal 
 resulted in the reversal of the judgment of the lower 
 court, the law being declared unconstitutional on the 
 ground that, in permitting employes to waive their 
 rights under the insurance act and sue an employer who 
 had made the required contributions to the insurance 
 fund, there was not given to the employer that equal pro- 
 tection of the law which is his constitutional right. 
 
 61. Questions presented to the court. In this 
 case the questions considered were: 1. Can the statute 
 be upheld as a proper exercise of the police power of the 
 State? 2. Is the act an example of class legislation, in 
 that it singles out one particularly hazardous employ- 
 ment and subjects it to burdens not placed upon other 
 extra-hazardous employments within the State? 3. Is 
 the right to trial by jury denied? 4. Does the system 
 and machinery provided in the act constitute due proc- 
 ess of law? 5. Is the contention that the provision for 
 payment to an injured employe of his compensation in 
 a lump sum defeats the purpose of the act, viewed as a 
 police regulation, tenable? 6. Is the argument that the 
 act does not differentiate between a careful and a care- 
 less employer, valid ? 7. Is the claim that the act lodges 
 judicial powers in the State auditor, valid? 
 
 62. The constitutionality of the act. The court 
 sustained the constitutionality of the act in respect to 
 i 44 Mont. 108, 119 Pac. 554.
 
 143 MONTANA ACT. 62 
 
 all of the foregoing questions except the one raised in 
 the fourth. The court, in answering question No. 4, 
 held the act unconstitutional because it violated the "due 
 process of law" clause of the constitution of the United 
 States. The court, speaking through Mr. Justice Smith, 
 said: "It is therein contended that in reserving to the 
 employe his right to an action at law, the act denies to 
 the mine operator the equal protection of the laws. We 
 have decided that the fact that actions at law are not 
 abolished by the act is not, of itself, a sufficient reason 
 for declaring the statute unconstitutional. We do not 
 believe 'that for the purpose of determining the validity 
 of the tax it is necessary to find an immediate specific 
 benefit to the individual taxed/ as is maintained by some 
 writers on the subject. We think we have already 
 shown that if the act can be justified at all it must be 
 upon a much broader principle than that above indi- 
 cated. The duty to make payments as provided in sec- 
 tion 2 is absolute and unconditional. It can be enforced 
 by appropriate action. But after full compliance with 
 the terms of the act, the employer is not exonerated 
 from liability. He may still be sued and compelled to 
 pay damages in a proper case. No provision is made 
 for reimbursement in whole or in part. The injured em- 
 ployes of one operator may all resort to the indemnity 
 fund, while those of another may elect to appeal to the 
 courts. The result is that the employer against whom 
 an action is -successfully prosecuted, is compelled to pay 
 twice. He has fully paid his assessments under the act 
 and is also obliged to pay damages. This fact is so pal- 
 pable as to be needless of discussion. The act in this 
 regard is not only inequitable and unjust, but clearly 
 illegal and void as not affording to such employer the 
 equal protection of the laws. The Legislature of the 
 State of Washington guarded against this contingency 
 by abolishing all actions for negligence. (Ch. 74, Session
 
 62 WORKMEN'S COMPENSATION AND INSURANCE. 144 
 
 Laws, Washington, 1911.) The General Assembly of 
 Maryland, in an act somewhat similar to ours (see Laws 
 of Maryland, 1910, ch. 153) provided: 'If any suit or ac- 
 tion be brought against any operator for or in respect 
 of any injury or disability received by an employe while 
 in the discharge of his duty or for death resulting there- 
 from * * * and said operator shall appear and de- 
 fend such suit or action and a judgment shall be ren- 
 dered against him, he shall, after satisfying said judg- 
 ment * * * be entitled thereafter to deduct from 
 the payments required to be made by him * * * a 
 sum equal to the amount of said judgment and costs.' 
 
 "The manner in which the equal protection of the 
 laws shall be afforded to the operator is, of course, for 
 the legislative body to determine; but some method 
 must assuredly be provided to protect him from double 
 payments. The act in its present form, is, in this re- 
 gard, so repugnant to all ideas of equity and equality 
 that it must, we think, appeal to every right-thinking 
 person, on the most cursory examination, as unjust. It 
 was to guard against such legislation as this, as we 
 apprehend, that the framers of all American constitu- 
 tions guaranteed to the citizen the equal protection of 
 the laws." 
 
 On the question of the exercise of judicial power by the 
 auditor it was observed by the court: 
 
 "The fact that one who has a cause of action at com- 
 mon law may elect to take under the act, and the suggestion 
 that as to him the auditor may be called upon to exercise judi- 
 cial power, has no persuasive force when we consider that 
 such election is altogether voluntary, and he may resort to 
 the courts if he so desires. If the tax provided for in the act 
 can legally be exacted from the employer, and, as is the case, 
 the acceptance of its benefits by the claimant ipso facto 
 operates to release the employer from liability, it is difficult 
 to see how the latter has any further concern in the matter
 
 I45 : MONTANA ACT. 63 
 
 of distribution of the fund than to be assured, as the act 
 provides he may be, that it is not paid out on improper or 
 fraudulent claims. If the summary method of administra- 
 tion provided may not be resorted to, then one of the para- 
 mount reasons for this class of legislation must be entirely 
 eliminated from consideration. It seems to us that the 
 opinion of the Supreme Court of the United States * * * 
 effectually disposes of this question, as well as of some 
 others which we have considered. As this opinion is al- 
 ready too long, however, we shall content ourselves with a 
 single quotation therefrom: 'Though, generally, both pub- 
 lic and private wrongs are redressed through judicial action, 
 there are more summary extrajudicial remedies for both.' ' 
 
 63. The effect of the decision. This decision and 
 the earlier New York decision 2 establish conclusively 
 that a compulsory workmen's industrial insurance or 
 workmen's compensation act can not contain a provision 
 that will give the injured worker the option of suing his 
 employer or of accepting the compensation provided 
 by the act. 
 
 This decision leaves Montana without an operative 
 workmen's compensation act. However, since the court 
 sustained all of the provisions of the law, except that 
 giving the injured worker the right to elect to sue his 
 employer at law as heretofore or to accept the compen- 
 sations given him under the compensation act, it may 
 be cured and made operative by an amendment which 
 takes away this option to sue and makes it obligatory 
 upon him to accept the compensations made and pro- 
 vided in the act. 
 
 64. Text of the Montana Insurance Act. The act 
 
 is entitled an act to create a state accident insurance, 
 and total permanent disability fund, for coal miners and 
 
 2 Ives v. South Buffalo Railway Co., 201 N. Y. 271, 94 N. E. 431, 
 34 L. R. A. (N. S.) 162 n. 
 
 JO BOTD W
 
 64 WORKMEN'S COMPENSATION AND INSURANCE. 146 
 
 employes at coal washers in the state of Montana, and 
 providing for the maintenance and management of the 
 same; extending and defining the duties of the state 
 auditor; and fixing penalties for the violation of its pro- 
 visions. It provides: 
 
 Section 121. (Section 1.) To whom act applies. 
 All workmen, laborers, and employes employed in and 
 around any coal mines, or in and around any coal wash- 
 ers in which coal is treated, except office employes, 
 superintendents and general managers, shall be insured 
 in accordance with the provisions of this act, against ac- 
 cidents occurring in the course of their occupations. 
 
 Section 122. (Section 2.) How fund raised To 
 whom paid. All corporations, partnerships, associations 
 or persons engaged in the business of operating any coal 
 mine or coal washers in the State of Montana shall pay 
 to the auditor of the State, within five days after the 
 monthly wages at the particular mine shall have been 
 paid, one cent per ton on the tonnage of coal mined and 
 shipped, or sold locally, or having been mined is ready 
 for shipment or sale during the month for which the 
 wages were paid, and all persons mentioned in section 1 
 employed in and about coal mines shall allow to be de- 
 ducted from their gross monthly earnings one per cent, 
 thereof, the deduction to be made by the agent, man- 
 ager, or foreman of any corporation, association, part- 
 nership, person or persons engaged in the business of 
 operating any coal mine or coal washer, and paid to the 
 State auditor within five days after such monthly wages 
 have been paid. 
 
 Section 123. (Section 3.) Agents to report tonnage 
 mined Contracts waiving effect of act void. The 
 agent, manager, foreman or accountant of any corpora- 
 tion, partnership, association, person or persons en- 
 gaged in mining coal in Montana, shall on or before the
 
 147 MONTANA ACT. 64 
 
 fifth day succeeding the pay day at his respective mine, 
 make a report under oath to the State auditor as to the 
 tonnage mined and subject to the payment of one cent 
 per ton thereon ; and stating the gross earnings subject 
 to the one per cent, deduction as provided in this act, ac- 
 companied by a certified check in full for the amount of 
 the tax provided in section 2 of this act. It shall be un- 
 lawful for any person, employer, employe, corporation, 
 partnership, association or union to make any contract 
 waiving, avoiding or affecting the full legal effect of this 
 act. 
 
 Section 124. (Section 4.) Receipts of funds by audi- 
 tor Duties Liabilities of sureties of State treasurer 
 Interest. It is hereby made the duty of the State audi- 
 tor to receive all moneys as provided for in this act, and 
 to send the proper acknowledgment to the person mak- 
 ing such remittance. The auditor shall pay all moneys 
 so received by him to the State treasurer, who shall keep 
 such sums in safe custody in a distinct fund to be known 
 as the Employers' and Employes Co-operative Insurance 
 and Total Permanent Disability Fund. The State treas- 
 urer must invest the surplus of this fund in safe and con- 
 vertible state, county or city bonds or bonds of the 
 United States. All interest accruing from such invest- 
 ments shall be accredited to this insurance fund. The 
 bond of the State treasurer shall be liable for such 
 funds, and it shall be his duty to keep accurate accounts 
 of the receipts and disbursements of such money. 
 
 Section 125. (Section 5.) Payment of death claims 
 To whom Duty of auditor Personal injuries How 
 compensation paid. The auditor of State shall keep 
 full statistics of the operation of this function of his de- 
 partment in the event of the death by accident of an em- 
 ploye" insured un'der this act, who shall have come to his 
 death in the course of his employment and by causes
 
 64 WORKMEN'S COMPENSATION AND INSURANCE. 148 
 
 arising therein. The auditor of State upon being satis- 
 fied by adequate evidence of such death shall issue a 
 warrant upon the State treasurer to persons dependent 
 upon the deceased, these warrants to issue in the follow- 
 ing order: (1) To surviving wife and child, or children, 
 in equal shares, and if neither wife or child, or children 
 be alive, then, (2) to surviving parents who are depen- 
 dent, or partially so, upon the deceased; if none, then (3) 
 to such other relatives of the deceased as survive him 
 and are dependent upon him, in the sum of three thou- 
 sand ($3,000) dollars. 
 
 A workman receiving injuries which permanently in- 
 capacitate him from the performance of work shall re- 
 ceive a compensation monthly, not to exceed one dollar 
 ($1.00) a day for each working day. Compensation for 
 permanent injury shall not be allowed until after the 
 expiration of twelve weeks from the time such injuries 
 were sustained, provided that the medical practitioner 
 examines and pronounces the injury as being perman- 
 ent, compensation may then be allowed from commence- 
 ment of disability. The auditor of State, however, may, 
 when in his judgment he deems it advisable, use so 
 much of the funds as is necessary in procuring a medi- 
 cal practitioner, for the purpose of examination or treat- 
 ment under this act, for such injuries as herein men- 
 tioned compensation shall continue during disability, or 
 until settlement is effected as provided for in section 9 
 of this act. Total or permanent disability shall consist of 
 the loss of both legs or both arms, the total loss of eye- 
 sight or paralysis, or other conditions incapacitating him 
 from work, caused by accident, or injuries received dur- 
 ing employment as specified by this act; provided that if 
 death, as a result of the injury, ensues at a period not 
 longer than one year from date of accident the sum of 
 three thousand dollars ($3,000.00) shall be paid the de-
 
 149 MONTANA ACT. 64 
 
 ceased workman's dependents as hereinbefore provided. 
 The representatives of a foreigner, except the widow or 
 dependent children, who were not living within the 
 country at the time of the accident, shall have no claim 
 for the compensation provided for in this act. Such for- 
 eign person shall file his foreign address, if married, 
 with the officer of his employer with whom he is 
 employed and duplicate thereof with the State auditor, 
 giving his wife's name and dependent children, and 
 such other identification as may be required by the 
 auditor of State. Loss of any limb, or eye, caused by 
 accident to a workman while employed as provided for 
 in this act, shall be compensated for in the sum of one 
 thousand ($1,000.00) dollars, provided, that in the event 
 there shall be no funds available in the. fund to pay the 
 auditor's warrant when drawn, the same shall draw in- 
 terest out of the fund at the rate of ten per cent, per 
 annum until such warrant is called for payment by the 
 treasurer, which shall be as soon as the fund is sufficient 
 to pay the same with its interest then due. 
 
 Section 126. (Section 6.) Monthly payments Ap- 
 plications for. Where a workman is entitled to month- 
 ly payments under this act, he shall file with the auditor 
 of State his application for such, together with a certifi- 
 cate from the county physician of the county wherein he 
 resides, attested before a notary public. 
 
 Section 127. (Section 7.) Fraudulent claims Duty 
 of auditor. If any person or persons, company or cor- 
 poration who is then paying into this insurance fund 
 shall believe that any person or persons are obtaining, 
 or have made application to obtain benefits hereunder 
 improperly or fraudulently, and shall file his written re- 
 quest that such person's claim be investigated, the State 
 auditor must upon the receipt of such request, request 
 the secretary of the State Board of Health to make an
 
 64 WORKMEN'S COMPENSATION AND INSURANCE. 150 
 
 examination for the purpose of this act and his certifi- 
 cate as to the condition of the person or persons with 
 reference to their rights to benefit under this act shall 
 be conclusive evidence as to his condition. 
 
 Section 128. (Section 8.) Claimant refusing to sub- 
 mit to examination Effect. If the workman refuses to 
 submit himself to such examination, or in any way ob- 
 structs the same, his right to compensation under this 
 act shall be suspended until such examination takes 
 place, and shall absolutely cease unless he submits him- 
 self for an examination within one month after being re- 
 quired to do so. 
 
 Section 129. (Section 9.) Monthly payments Re- 
 demption by lump sum Amount. Where any month- 
 ly payment has -been made to a workman for any period 
 whatever, the liability under this act, may on the appli- 
 cation by, or on behalf of the workman, be redeemed by 
 the payment of a lump sum, which in no instance shall 
 be in excess of the amount specified as death indemnity, 
 and all monthly payments made prior shall be deducted 
 from such settlement. 
 
 Section 130. (Section 10.) Annual report of auditor 
 Plenary power to adjust claims. The auditor of State 
 shall report in January of each year to the Governor of 
 the experience and business of this function of his de- 
 partment, and shall have plenary power to determine 
 all disputed cases which may arise in its administration 
 not herein provided for, and to recommend in his report 
 the rates of premiums necessary in order to preserve 
 such fund, and shall order paid such indemnification as 
 herein provided. He shall have power to define the in- 
 surance provisions of this act by regulations not incon- 
 sistent therewith and shall prescribe the character of the 
 monthly or other reports required of the parties liable 
 hereunder and the character of the proofs of deaths, or
 
 MONTANA ACT. 64 
 
 to total permanent disability, and shall have power to 
 make all other orders and rules necessary to carry out 
 the true intent of this act. 
 
 Section 131. (Section 11.) Release of employer 
 Benefits exempted Suit Forfeiture of benefits. No 
 money paid or payable in respect of insurance or month- 
 ly compensation under this act shall be capable of being 
 assigned, charged, taken into execution or attached, nor 
 shall the same pass to any other person by operation of 
 law; and the acceptance of pecuniary benefit under 
 the provisions of this act shall operate to release the 
 person or persons, corporations, partnerships, or asso- 
 ciations causing such injuries or death for which bene- 
 fits are so claimed, who shall have paid the assessment 
 provided in section 2 of this act, and also the employer, 
 officers and agents thereof from all liability and claim 
 arising from such injuries or death. The commence- 
 ment of a suit to recover for such injuries or death shall 
 operate as a forfeiture of the right to benefit under this 
 act. 
 
 Section 132. (Section 12.) Violations of provisions 
 of act Penalties. A manager, agent, foreman, ac- 
 countant, person or persons who represent any corpora- 
 tion, partnership, association, person or persons, en- 
 gaged in the mining or managing of any coal mines or 
 coal washers in Montana, or person or persons liable for 
 the payments herein provided for who shall violate the 
 intent of this act by inaccurate reports of tonnage of 
 coal produced by them, or the earnings of employes in 
 their employ or who in any manner hinders or obstructs 
 the auditor of State in ascertaining facts bearing upon 
 any case provided for in this act or who may refuse cor- 
 rectly to make out such reports as are required by this 
 act, or as requested by the auditor of State, or submit 
 to its provisions, when liable therefore, or who shall
 
 152 WORKMEN'S COMPENSATION AND INSURANCE. 64 
 
 fraudulently obtain benefits hereunder shall be fined for 
 each offense the sum of not less than one hundred 
 ($100.00) dollars nor more than five hundred ($500.00) 
 dollars and imprisonment in the county jail for a period 
 of not less than one month nor more than six months, 
 or by both such fine and imprisonment. The proceeds 
 of all fines shall be forwarded to the State treasurer and 
 by him credited to the insurance fund.
 
 CHAPTER VIII. 
 
 AN ANALYSIS OF THE PRINCIPLES OF THE LEGAL BASIS 
 OF COMPULSORY INSURANCE AND COMPENSATION LAWS. 
 
 Sec. Sec 
 
 65. Introductory. 81. 
 
 66. The nature and remedial pro- 
 
 visions of insurance laws. 82. 
 
 67. Nature of the obligation im- 
 
 posed. 83. 
 
 68. Nature of the obligation im- 
 
 posed German view. 
 
 69. The relationship between em- 
 
 ployer and employe under 84. 
 common-law and liability 85. 
 acts. 
 
 70. The relationship between em- 
 
 ployer and employe under 86. 
 insurance and compensa- 
 tion acts. 87. 
 
 71. Validity as to employer 
 
 Deprivation of defenses. 88. 
 
 72. Validity as to employe. 
 
 73. Validity as to employe 89. 
 
 Vested rights in remedies 
 withdrawn. 90. 
 
 74. Validity as to the State- 
 
 Public interest. 
 
 75. The problem of industrial in- 91. 
 
 surance. 
 
 76. Whether these laws infringe 
 
 constitutional limitations. 
 
 77. Insurance acts sustainable 92. 
 
 against constitutional ob- 
 jections under analogous 
 decisions. 93. 
 
 78. Analogous decisions Appli- 
 
 cation to insurance acts. 
 
 79. Analogous decisions Bank 94. 
 
 depositors' guarantee acts. 
 
 80. Analogous decisions Sheep- 
 
 dog fund cases. 
 
 Analogous decisions Whis- 
 ky cure cases. 
 
 Analogous decisions Farm- 
 er's fund cases. 
 
 These laws an exercise of 
 taxing power Attributes 
 and limitations of taxing 
 power. 
 
 Subjects of taxation. 
 
 Similarity of attributes of 
 general taxation and emi- 
 nent domain. 
 
 Necessity that purpose of tax 
 be a public purpose. 
 
 The public purpose for which 
 taxes may be levied. 
 
 Public purpose determined 
 by Legislature. 
 
 Necessity of benefit as condi- 
 tion to right to tax. 
 
 Necessity of return of benefit 
 to one paying to special 
 fund. 
 
 Whether conditions of equal- 
 ity and uniformity are sat- 
 isfied in insurance and 
 compensation acts. 
 
 Whether contract clauses of 
 constitutions are violated 
 Uniform operation of laws. 
 
 Insurance and compensation 
 laws a proper exercise of 
 police powers. 
 
 Whether laws open to objec- 
 tion of lack of uniformity 
 of operation and equality 
 of protection Classifica- 
 tion. 
 
 153
 
 65 WORKMEN'S COMPENSATION AND INSURANCE. 154 
 
 Sec. Sec. 
 
 95. Legislature in its enactments compensation acts wheth- 
 
 liniited only by State Fed- er executive or judicial 
 
 eral constitutions. Due process. 
 
 36. Nature of administration of 98. Deprivation of right to trial 
 compensation acts. by jury. 
 
 97. Nature of administration of 99. Whether act may be optional. 
 
 65. Introductory. It is the purpose of this chap- 
 ter to present and discuss the objections most frequently 
 urged against insurance and compensation laws when 
 their validity is called in question in courts of law. 1 
 
 66. The nature and remedial provisions of insur- 
 ance laws. Workmen's insurance acts greatly resem- 
 ble each other in their provisions. The Ohio act, which 
 may be taken as a type of these laws, provides: 
 
 (1) That all workmen injured shall be compen- 
 sated at the rate of 66 2-3 per cent of his loss of wages 
 for not longer than 300 weeks, and not more than $12 
 per week; in case of death where there are dependents, 
 the compensation shall not be less than $1,500 nor ex- 
 ceed $3,400, plus doctor bills not to exceed $200 
 and funeral expenses to a maximum amount of $150; 
 and in no case shall the compensation for any 
 injury exceed $3,400, except in the case of total 
 disability. (2) That any employer of five or more 
 persons shall pay monthly into the state fund, the 
 premium based upon the pay roll and hazard of his 
 business, sufficient to pay his pro rata share of the com- 
 pensation awarded to workmen against the fund. (3) 
 That every employer of five or more persons who fails 
 to pay said premiums shall not avail himself of any of 
 
 1 The matter for this chapter is largely founded on the brief 
 used by the author in his presentation of the case of the Ohio In- 
 dustrial Insurance law in behalf of the State before the Ohio Su- 
 preme Court. It is thought to cover all questions that have been 
 raised against these laws in all the states where their validity has 
 been litigated.
 
 155 LEGAL BASIS OF LAWS. 6/ 
 
 the so-called common-law defenses in case he is sued 
 by a workman who is injured while in his employ. (4) 
 That every workman must accept the compensation 
 provided by the act, in lieu of all rights and remedies 
 heretofore existing, excepting the case where he may 
 be denied any relief whatever, or where he may be in- 
 jured through a willful act of the employer, or through 
 the employer's violation of a statute or ordinance, in 
 which case he may elect to sue his employer at law or 
 take under the compensation act. (5) That in case a 
 workman, covered by the act, is totally disabled he shall 
 be compensated at the rate of 66 2-3 per cent of his 
 average weekly wage, in no case at less than $5 per 
 week, nor at more than $12 per week, and the compen- 
 sation shall be paid as long as total disability lasts. 
 
 67. Nature of the obligation imposed. The rela- 
 tion imposed by these laws is purely economic in char- 
 acter as distinguished from the creation of a new right 
 in the employe sounding in tort. The new obligation 
 of the employer to his employes is rather a wage obli- 
 gation in the nature of an undertaking thrust upon the 
 employer, as a part of the contract of employment, to 
 become a party to an insurance policy created by law 
 and to be entered into as additional consideration for 
 services rendered by the employe. The obligation falls 
 within the domain of contract and thus involves a sphere 
 of constitutional law pertaining to the subject of the 
 regulation of contracts. 
 
 The true theory in all cases is that the compensa- 
 tion is in fact a tax levied by the state, both upon the 
 employer and employes, and accepted by the employe 
 class for the public welfare. This is necessarily so, for 
 were the new obligation of the employer deemed to be 
 created with the sole object of establishing in the em- 
 ploye a new private right and remedy in substitution of
 
 67 WORKMEN'S COMPENSATION AND INSURANCE. 156- 
 
 his former right to sue in tort for damages, then an in- 
 dustrial insurance law would be as unfair to the em- 
 ploye as to the employer. This proposition is true, be- 
 cause in lieu of a possible opportunity formerly be- 
 longing to the injured employe to be made whole in a 
 sum for damages fully commensurate with his peculiar 
 loss, he would be compelled, under an insurance or 
 compensation act to accept a stipulated amount admit- 
 tedly having no relation to his injury, but measured on 
 the basis of his relative economic position in the com- 
 munity, viz. : the amount of his wage. This is not a 
 just basis to compensate the employe for his injury, if 
 his new right is to be classified in the same category in 
 which his old right belongs, viz. : a means to redress a 
 private wrong. The reason for such a law must be to 
 require the employe to accept, against his former pre- 
 carious right to adequate damages, the entirety, not only 
 for himself, but also for all members of his class, of 
 receiving in case of injury, a stipulated sum computed 
 not independently as to each party injured on the basis 
 of loss peculiar to his own personal injury but relatively 
 as to all in accordance with their respective earning 
 capacities. Hence its sole justification must be the 
 public welfare, and whatever its form be it must in 
 substance result as to the parties involved in the arbi- 
 trary levying and administration of a tax fund. 
 
 On the above theory it is argued that the positions- 
 of the employer and employe should be so altered that 
 no new statutory privity of relationship be created be- 
 tween them, as was the case under the New York law, 2 
 but rather that each be required independent of the 
 other to perform a new duty toward the state, namely, 
 the employer and employe, each, by paying an adequate 
 
 2 Ives v. South Buffalo R. Co., 201 N. T. 271, 94 N. E. 431, 34 L, 
 R. A. (N. S) 162n.
 
 157 LEGAL BASIS OF LAWS. 67 
 
 tax to the state, and the employe by surrendering a 
 chose in action to the state; that these respective duties, 
 however, can be constitutionally required of each only 
 upon some direct compensatory return of an economic 
 -character moving to each. Distinction is here made 
 between a law (for instance the New York statute) 
 such as gives in fact a right in A to appropriate directly 
 by new right and remedy the property of B and a law 
 which leaves A and B in respect of their personal rela- 
 tions as they were before, but requires each for the 
 needs of the public welfare, and in exchange for speci- 
 fic benefits respectively received, to surrender to the 
 :State certain rights and likewise to look to a state 
 .agency alone for the returning benefits. 
 
 Another limitation also inheres in this theory of the 
 .appropriation of the property rights of the two classes 
 involved, namely, that since the tax is not levied on all 
 in the state but that certain classes of citizens are alone 
 selected a corresponding benefit or return must be 
 traced to them for their property and rights to be so 
 appropriated. This constitutional limitation requires 
 that any scheme of industrial insurance or work- 
 men's compensation shall be what it purports to 
 be, namely, an actual readjustment of the social rela- 
 tions of the classes involved in it by making such scheme 
 a substitute for and exclusive of all other present meth- 
 ods of protecting personal injuries; for if there exist in 
 any plan of compensation the recognition of the right 
 of the employe to either exercise his option to sue at 
 law for personal injuries, or to take his insurance, by 
 this very token is it declared that the intention of such 
 a law is not to bring about such an economic reform, 
 for still would there exist all the evils now inherent in 
 ihe present method of redressing personal injuries; in 
 consequence such a plan would disclose, as was sug- 
 gested by the New York Court of Appeals in the Ives
 
 68 WORKMEN'S COMPENSATION AND INSURANCE. 158 
 
 case, 3 but the creation of a new remedy in the employe, 
 additional to those now vested in him and unconstitu- 
 tional in character, to redress a private wrong. The 
 very essence of any scheme of industrial insurance or 
 workmen's compensation to be constitutional requires 
 that it be exclusive in character. The tax levied must 
 be for a public purpose and the act to be valid must be a 
 proper exercise of the police power. 
 
 Upon the assumption that such taxation would be 
 for a public purpose, the brief then considers the limi- 
 tations prescribed by the Seventh Amendment, being" 
 that provision of the Constitution which preserves the 
 right of trial by jury in suits at common law. All at- 
 tempts to demonstrate that in so far as a state agency is 
 concerned any controversies arising between such 
 agency and any of the parties of the tax or as to the 
 distribution of the same, would not fall within the scope 
 of the seventh amendment and may therefore be ad- 
 judicated by such statutory remedy or summary pro- 
 cedure as the state may prescribe. 
 
 68. Nature of the obligation imposed. German 
 view. The American insurance acts are adaptations of 
 the German industrial insurance law against accidents,, 
 enacted in 1884, which all European countries have 
 adopted in a more or less modified form. Dr. Laband, 
 in analyzing industrial insurance legislation of Ger- 
 many and other European countries, uses language 
 which is equally applicable to the American acts. 4 
 
 He says: "The Imperial legislation starts from this 
 idea that the undertaker of an enterprise who em- 
 ploys workmen in order to appropriate to himself the 
 economic value of the fruits of their labor owes them 
 not only the agreed wages for this labor, but ought 
 
 3 Ives v. South Buffalo R. Co., 201 N. Y. 271, 94 N. E. 431, 34 L, 
 R. A. (N. S.) 162n. 
 
 4 See Droit Public de 1' Imperial Allemand, IV, 12.
 
 159 LEGAL BASIS OF LAWS. 69 
 
 also to bear with them the risks of accident resulting 
 from this labor. This conception has not taken the 
 shape of a principle of private law which governs the 
 relations resulting, in a judicial sense, from the labor 
 contract; it has become one of the tasks laid upon the 
 state to take care of the victim of an industrial accident, 
 or of those he leaves behind him; and this task is ac- 
 complished with the means and according to the forms 
 dictated by public law. The right of the workman to 
 the solicitude of the state is therefore wholly inde- 
 pendent of an agreement relating to his work and the 
 clauses it contains ; he enjoys this right even when there 
 is no agreement of this sort and this convention can 
 neither modify this or deprive him of it. So, this right 
 is not founded on a fault committed by the master or 
 any of his employes, and even a fault of the workman 
 does not affect it at all unless he has intentionally 
 caused the accident. The obligation to aid the work- 
 man is not a legal obligation, or what is called a 'state 
 obligation' of the master towards his workmen, for 
 master and workmen are not set against one another 
 like debtor and creditor, and they are powerless to vary 
 the right of one to aids and the obligations of the other 
 to give them. The workmen or their survivors receive 
 the aids which come to them by an intermediary that 
 the Empire or the State has delegated to perform this 
 duty, an intermediary who has with them no private 
 legal relation, who simply performs a public adminis- 
 trative function, confided to him by imperial order, 
 when he determines the indemnity to be given to the 
 workmen or effects its payment." 
 
 69. The relationship between employer and em- 
 ploye under common law and modern liability acts. 
 There is this distinction between the legal principles 
 applicable to the common law of torts and the more re- 
 cent employer's liability acts and those applicable to
 
 70 WORKMEN'S COMPENSATION AND INSURANCE. 160 
 
 industrial insurance and compensation acts. The body 
 of law applicable to the former pertains entirely to the 
 redress of private wrongs. The liability results in the 
 payment of damages to the employe intended to be 
 commensurate with and to reimburse him for the injury 
 suffered. The sole object of laws of this form is to regu- 
 late private rights, to readjust the relationship between 
 individuals and to restore the parity presumptively 
 existing between them. 
 
 70. The relationship between employer and em- 
 ploye under insurance and compensation acts. The ob- 
 ligations of industrial insurance and workmen's com- 
 pensation acts accrue from contingencies not depend- 
 ent upon or within the control of the parties and thus 
 have no relationship whatever to the conduct of the 
 parties; hence these obligations are not based upon 
 wrongs. It follows then that they must pertain to the 
 subject of government regulations, and are in the nature 
 of economic provisions taking the form of indirect tax- 
 ation levied to regulate occupations, for on what other 
 basis would the government be justified in writing into 
 the labor contract against the will of the parties, an 
 insurance policy? Were this not so, industrial insur- 
 ance or workmen's compensation would be, without 
 basis of justice or equity from the standpoint of both 
 the employe and employer, for the theory of such laws 
 is that compensation is not to be commensurate with 
 injury but is based upon wages, thereby substituting for 
 the former obligations based upon tort, which offered 
 damages commensurate with injury, a purely arbitrary 
 sum. Such a scheme has no relation to the adjustment 
 of private wrongs. If it be justifiable it must be on the 
 sociological theory of the right of the state to levy a 
 tax for the purpose of protecting from an economic 
 standpoint, the community as a whole. It follows, 
 therefore, whether compensation be paid by the state
 
 l6l LEGAL BASIS OF LAWS. 71 
 
 as insurance in the form of a tax levied upon all citizens 
 of the state, or be paid through the intermediary of as- 
 sessments levied by industrial associations, or be paid 
 in the form of compensation from the employer to the 
 employe, it has all the inherent attributes of money 
 raised by the appropriation of private rights in the form 
 of a tax for the benefit of the common good. 5 
 
 It would, therefore, seem that in an analysis of con- 
 stitutional limitations it would be futile to look for an- 
 alogy to the decisions which pertain to the regulation of 
 the private relations between the parties. Hitherto, for 
 this purpose there have been drawn into discussion of 
 this subject, cases which hold a statute constitutional 
 making a railroad company liable for injury though 
 without fault; 6 cases holding statutes constitutional 
 which make railroad companies responsible for fires set 
 by engines though without fault; 7 cases holding sub- 
 contractors' lien laws constitutional, 8 or such familiar 
 illustrations as the ancient law of deodands or the lia- 
 bility of the husband for the tort of the wife, or the lia- 
 bility of the master for the acts of his servant. But it is 
 to be noted that all the statutory or common law duties 
 interpreted in these decisions pertain solely to the pro- 
 tection of private rights. 
 
 71. Validity as to employer Deprivation of de- 
 fenses. It is clearly within the power of a State Legis- 
 lature to deprive the employer of the three so-called 
 common law defenses, to-wit, the defense of the fellow 
 servant rule, the defense of the assumption of the risk 
 and the defense of contributory negligence. 
 
 This proposition is amply sustained by authority. 
 The supreme judicial court of Massachusetts, addressing 
 
 5 R. J. Carey Brief on the power of Congress In respect of In- 
 dustrial Insurance and the Law of Workmen's Compensation. 
 Chicago, etc., R. Co. v. Zernicke, 183 U. S. 582, 46 L. ed. 339. 
 v gt. Louis, etc., R. Co. v. Mathews, 165 U. 8. 1, 41 L. ed. 611. 
 8 Jones v. Great Southern, etc., Co., 83 Fed. 370. 
 
 11 BOYDWO
 
 7i WORKMEN'S COMPENSATION AND INSURANCE. 162 
 
 itself to this matter in a case involving the compensa- 
 tion law of that state, said: 
 
 "The rules of law relating to contributory negligence 
 and assumption of the risk and the effect of negligence 
 by a fellow servant were established by the courts, not 
 by the Constitution, and the Legislature may change 
 them or do away with them altogether as defenses (as 
 it has to some extent in the employer's liability act) as 
 in its wisdom in the exercise of powers intrusted to it by 
 the Constitution it deems will be best for the 'good and 
 welfare of this commonwealth.' See Missouri Pacific 
 Railway v. Mackey, 127 U. S. 205, 32 L. ed. 107; Minne- 
 sota Iron Co. v. Kline, 199 U. S. 593, 50 L. ed. 322. The 
 act expressly provides that it shall not apply to injuries 
 sustained before it takes effect. If, therefore, a right of 
 action which has accrued under existing laws for per- 
 sonal injuries constitutes a vested right or interest, 
 there is nothing in the section which interferes with 
 such right or interests. The effect of the section is not 
 to authorize the taking of property without due process 
 of law, as the Court of Appeals of New York held was 
 the case with the statute referred to in the preamble to 
 the questions submitted to us, and which in consequence 
 thereof was declared by that court to be unconstitu- 
 tional. Ives v. South Buffalo Railway, 201 N. Y. 271, 94 
 N. E. 431, 34 L. R. A. (N. S.) 162n. Construing the 
 section as we do and as we think that it should be con- 
 strued, it seems to us that there is nothing in it which 
 violates any rights secured by the State or Federal 
 Constitutions." 9 
 
 To a similar effect is a late decision of the Wiscon- 
 sin Supreme Court: 
 
 "The two defenses [the defense of the assumption 
 of risk and negligence of a fellow servant] which the 
 
 In re Opinion of Justices, 209 Mass. 607, 96 N. E. 308.
 
 163 LEGAL BASIS OF LAWS. 71 
 
 legislature has thus attempted to take away are not 
 entrenched behind any express constitutional provision, 
 nor were they originally created by legislative action. 
 They were both evolved by the courts. * * * 
 
 "It is frankly admitted by appellant that it is within 
 the legislative power to make this change with regard 
 to the hazardous trades, but not with regard to what 
 are called the non-hazardous trades. But why not? 
 There are, of course, some occupations which are ex- 
 ceptionally hazardous, and it may well be that it would 
 be within legislative discretion to classify these very 
 hazardous occupations and remove the defenses to 
 them, while retaining them as to others less hazardous. 
 Indeed, that very thing has been done and has been ap- 
 proved by the courts in this and many other states, es- 
 pecially in the case of railroads and to some extent with 
 other industries. Minnesota Iron Co. v. Kline, 199 U. S. 
 593, 26 Sup. Ct. 159; 50 L. ed. 322; sec. 1816, Stats. 
 (1898), as amended by ch. 254, Laws of 1907; Kiley, 
 etc., C. M. & St. P. R. Co., 142 Wis. 154, 125 N. W. 464; 
 sec. 1636J, Stats. (1898); sec. 1636jj, Stats, (ch. 303, 
 Laws of 1905). 
 
 "But because there is room for classification it does 
 not follow that legislation without classification is un- 
 constitutional. There are hazards in all occupations ; in- 
 deed they follow every man from the cradle to the 
 grave. What constitutional requirement, either express, 
 or implied, clothes these court-made defenses with ex- 
 ceptional sanctity as to the less hazardous industries, 
 and wards off from them the sacrilegious hand of the 
 legislature? We are referred to none, and we know of 
 none. It is admitted in the Ives case, supra that both 
 the fellow-servant defense and the contributory-negli- 
 gence defense, being of judicial origin may be changed 
 or abolished by the legislature. See also the opinion of 
 the Justices of the Massachusetts Supreme Court on the
 
 72 WORKMEN'S COMPENSATION AND INSURANCE. 164 
 
 Personal Injuries act of 1911, 96 N. E. 308. We see ab- 
 solutely no ground for the contention that these de- 
 fenses may be lawfully abrogated as to the more haz- 
 ardous industries, but must be forever held sacred as to 
 the less hazardous industries. There may be a less per- 
 suasive reason for the change in the case of the latter 
 class of industries, but this does not deprive the Legis- 
 lature of the power to make it." 10 
 
 72. Validity as to employe. Workmen's insur- 
 ance and compensation acts take away from the em- 
 ploye his common-law right of action against his em- 
 ployer for nonfatal injuries caused by the employer's 
 negligence. As to fatal injuries, a cause of action 
 against an employer was unknown to the common law, 
 is a statutory creation, and consequently (since the Con- 
 stitution of the state contains no inhibition) is subject 
 without question to repeal by the Legislature. The pro- 
 posed act carefully saves any right of action on account 
 of an injury received prior to the date named for it to 
 become operative, upon the employers and employes 
 affected by it. The question involves not the taking 
 away of a vested right of action, but the changing of the 
 law in respect of expectancies and possibility of action 
 in which the party has no present interest. 
 
 At an early day the Legislature of Pennsylvania 
 passed a statute abolishing the doctrine of respondeat 
 superior in the case of persons injured on or near rail- 
 roads and not in the employ of the railroad company. 
 Of this law the Supreme Court said : "The law says that 
 the legal principle of respondeat superior shall have no 
 place in this particular relation; that as a matter of 
 public policy for the good of all, those who voluntarily 
 venture into employment alongside of the servants of a 
 
 lOBorgnis v. Falk, 147 Wis. 327, 133 N. W. 209. See also Ives v. 
 South Buffalo R. Co., 201 N. Y. 271.
 
 165 LEGAL BASIS OF LAWS. 72 
 
 railroad company shall have just the same remedies 
 for injuries happening in the employment that these 
 have, and none other. In doing this no fundamental 
 right of the person thus voluntarily venturing is cut off 
 or struck down. The liability of the company for the 
 acts or omission of others, though they be servants, is 
 only an offspring of the law. The negligence which 
 injures is not theirs in fact, but is so only by imputation 
 of law. The law which thus imputes it to the company 
 for reason of public policy can remove the imputation 
 from the master and let it remain with the servant 
 whose negligence causes the injury." 11 
 
 The Supreme Court of the United States had before 
 it the same statute and sustained it, saying: "If it be con- 
 ceded, as contended, that the plaintiff in error could 
 have recovered but for the statute, it does not follow that 
 the legislature of Pennsylvania, in preventing a recov- 
 ery, took away a vested right or a right of property. As 
 the accident from which the cause of action is asserted to 
 have arisen occurred long after the passage of the stat- 
 ute, it is difficult to grasp the contention that the statute 
 deprived the plaintiff in error of the rights just stated. 
 Such a contention in reason must rest upon the propo- 
 sition that the state of Pennsylvania was without power 
 to legislate on the subject, a proposition which we 
 have adversely disposed of. This must be, since it 
 would clearly follow, that if the argument relied upon 
 were maintained, that the state would be without power 
 on the subject. For it can not be said that the state had 
 authority in the premises if that authority did not even 
 extend to prescribing a rule which would be applicable 
 to conditions wholly arising in the future." 12 
 
 A right of action of a third person against a master 
 
 11 Kirby v. Pennsylvania R. Co., 76 Pa. 506. 
 
 12 Martin v. Pittsburg, etc., R. Co., 203 U. S. 284, 51 L. ed. 184, 
 27 S. Ct. 100, 8 A, & E. Ann. Gas. 87.
 
 73 WORKMEN'S COMPENSATION AND INSURANCE. 166 
 
 for negligence of his servant was a common-law right 
 of action. 18 
 
 73. Validity as to employe Vested rights in 
 remedies withdrawn. "Vested rights," says Judge 
 Cooley, "can not be taken away by legislative enact- 
 ments, but a right can not be considered a vested right 
 unless it is something more than such a mere expecta- 
 tion as may be based upon the anticipated continuance 
 of the present general laws. The Legislature may 
 change such general laws constitutionally except as to a 
 right of interest that may have already accrued or be- 
 come perfected. * * * In organized society every 
 man holds all he possesses, and looks forward to all he 
 hopes for through the aid and under the protection of 
 the laws; but as changes of circumstances and of public 
 opinion, as well as other reasons affecting the public 
 policy, are all the while calling for changes in the laws, 
 and as these changes must influence more or less the 
 value and stability of private relations and strengthen 
 or destroy well-founded hopes, and as the power to 
 make very many of them could not be disputed without 
 denying the right of the political community to prosper 
 and advance, it is obvious that many rights, privileges, 
 and exemptions that usually pertain to ownership un- 
 der a particular state of law, and many reasonable ex- 
 pectations, can not be regarded as vested rights in any 
 sense." Says the Supreme Court of the United 
 States in Munn v. Illinois, 94 U. S. 113, 24 L. 
 ed. 77: "A mere common-law regulation of trade 
 or business may be changed by statute. A per- 
 son has no property, no vested interest, in any rule 
 of the common law. That is only one of the forms of 
 
 J 8 Middleton v. Fowler, 1 Salk. 282 ; Blackstone's Com. 431 ; Gray 
 v. Portland Bank, 3 Mass. 364, 3 Am. Dec. 156; Harlow v. Humis- 
 ton, 6 Cow. 189.
 
 l6/ LEGAL BASIS OF LAWS. 73 
 
 municipal law, and is no more sacred than any other. 
 Rights of property which have been created by the com- 
 mon law can not be taken away without due process; 
 but the law itself, as a rule of conduct, may be changed 
 at the will or even at the whim of the legislature, un- 
 less prevented by constitution limitations. Indeed the 
 great office of statutes is to remedy defects in the com- 
 mon law as they are developed, and to adapt it to 
 changes of time and circumstances." 14 
 
 Some of the states in their Constitutions, in sub- 
 stance, contain the provision of Magna Charta, that 
 "every man shall have a remedy for injury done him in 
 person, property, or reputation." Nevertheless, the 
 principle last above stated has been sustained in states 
 having such a constitutional provision. 15 
 
 "Conceding that a cause of action for personal in- 
 juries is property, the cause of action, i. e., the property 
 must exist before one can be deprived of it at all. A 
 statute which abrogates a cause of action for personal 
 injury before such cause of action has arisen or before 
 the injury occurs, or requires certain things to be done 
 by the injured party as conditions precedent to a cause 
 of action, does not deprive the injured party of his prop- 
 erty rights without due process of law. * * * In 
 other words, the legislature may create a right of ac- 
 tion which never existed, if in doing so it does not affect 
 rights which vested prior thereto. A party injured after 
 the legislature has taken away the right of action for 
 personal injuries can no more complain of it than a party 
 against whom a right of action is given for an injury 
 resulting in death, can of such a legislative enactment. 
 
 14 Munn v. Illinois, 94 U. S. 113, 24 L. ed. 77. Applied to the re- 
 lation of master and servant in Vindicator Consol. Gold Min. Co. 
 v. Firstbrook, 36 Colo. 498, 86 Pac. 313, 10 A. & E. Ann. Cas. 1108. 
 
 iBTempleton v. Linn County, 22 Ore. 313, 51 L. R. A. 730, 29 
 Pac. 795 ; William v. Galveston, 41 Tex. Civ. App. 63, 90 S. W. 505.
 
 74 WORKMEN'S COMPENSATION AND INSURANCE. 168 
 
 For the one party is no more injuriously affected by 
 such legislation than the other. In the one case what 
 was before actionable ceases to be so ; in the other, what 
 was not before actionable becomes so." 16 
 
 74. Validity as to the State Public interest. 
 
 Workmen's insurance and compensation acts generally 
 provide for the creation of a new department for their 
 administration, the expenses of which are borne by the 
 state. The usual limitation on the right of the state to 
 expend the moneys of the state is that the expenditure 
 shall be for a public purpose. It is clear that it is a pub- 
 lic purpose to pay the salaries and defray the office, 
 trr.veling and court expenses of state officials, and other 
 expenses of a state department charged with the ad- 
 ministration of a branch of the police power of the 
 state, just as the state bears without question the ex- 
 pense of administration of other departments, e. g., the 
 railroad commission, mine, factory, grain and hotel in- 
 spection, all operating under the police power. 
 
 75. The problem of industrial insurance. The in- 
 quiry at the outset of the discussion would seem to be: 
 Has the state the power to regulate industries for the 
 purpose of protecting the economic welfare of the com- 
 munity by levying a tax in the form of an insurance 
 obligation upon the same for the benefit of the employes 
 injured while employed in such industries? And again, 
 if the state has a right to levy such a tax may it as part 
 of the private rights appropriated by it for the benefit 
 of the common good, take from the employe the right 
 now belonging to him to redress his personal injury 
 caused by the default of his employer by recovering 
 damages from the latter? 
 
 i Sawyer v. El Paso, etc., R. Co., 49 Tex. Civ. App. 106, 108 S. 
 W. 718.
 
 169 LEGAL BASIS OF LAWS. 76 
 
 76. Whether these laws infringe constitutional 
 limitations. The insurance and compensation acts are 
 generally contested on the ground that they are viola- 
 tive of recognized constitutional limitations, in that they 
 authorize the taking of property without due process of 
 law, they lack uniformity of operation, they curtail un- 
 lawfully the administration of judicial authority, they 
 authorize the taking of private property for private use, 
 they authorize the taking of private property for public 
 use, they delegate legislative powers, they impair the 
 obligation of contracts between employer and employe, 
 they amount to an unreasonable exercise of the police 
 power. 
 
 77. Insurance acts sustainable against constitu- 
 tional objections under analogous decisions. It is be- 
 lieved that insurance acts are already well ground- 
 ed as against the foregoing constitutional objec- 
 tions in four distinct lines of cases in American juris- 
 prudence. These cases are (a) The bank depositors 
 guarantee act cases; (b) The sheep-dog law cases; (c) 
 The cases which justify the enactment of a law which 
 authorizes the creation of a fund to be disbursed by a 
 state commission in the erection and operation of a state 
 asylum for inebriates; (d) The cases which uphold stat- 
 utes imposing a liability upon fire insurance agents, of 
 the nature of a tax, based upon the amount of insur- 
 ance effected by them, for the creation of a fund to 
 care for and cure sick and injured firemen. 
 
 78. Analogous decisions Application ,to insur- 
 ance acts. Each class of these four lines of cases 
 is an example of the police power of the states 
 to create a fund by taxation for the protection of 
 the health, safety and general welfare of classes of citi- 
 zens and the general public. The rule is that an ulter- 
 ior public advantage may justify a comparatively insig-
 
 78 WORKMEN'S COMPENSATION AND INSURANCE. 170 
 
 nificant taking of private property for what, in its im- 
 mediate purpose, is a private use. 
 
 The principles involved in the New York Compen- 
 sation Act do not fall within this rule. There the re- 
 moval of the defenses of the employer, and making him 
 personally liable for any sum from a few dollars to 
 $3,000.00 in cases where heretofore he was not liable 
 at all, so to speak, taking his property in chunks for 
 which heretofore he was not liable at all and allowing 
 the employe to choose to take under the new act, or to 
 sue under the old liability or common-law, is taking 
 property without the process of law. 
 
 This line of cases authorizes the state legislatures 
 to provide for summary methods of collecting and 
 distributing the several funds through the executive 
 and admministrative arms of the state, in a manner simi- 
 lar to that provided by the insurance and compensation 
 acts through the Liability Board of Awards. 
 
 79. Analogous decisions Bank depositors' guar- 
 antee acts. That the foregoing constitutional limita- 
 tions are safely guarded is borne out by reference to the 
 decisions of the Supreme Court of the United States in 
 the bank depositors guaranty cases. 17 In these cases 
 state legislatures required the creation of funds for the 
 purpose of protecting depositors in insolvent banks. In 
 Oklahoma the statute created a board and directed it 
 to levy on every bank existing under the laws of the 
 state an assessment of a certain per cent, of the bank's 
 average daily deposits, with certain deductions, for the 
 purpose of creating a depositors' guaranty fund. Said 
 Mr. Justice Holmes: 
 
 "We must be cautious about pressing the broad 
 
 17 Noble State Bank v. Haskell, 219 U. S. 104, 55 L. ed. 112, 31 
 Sop. Ct. 299; Shallenberger v. First State Bank, 219 U. S. 114, 31 
 Sup. Ct. 189, 55 L. ed. 117; Assarla State Bank v. Dolley, 219 U. S. 
 121, 31 Sup. Ct. 189, 55 L. ed. 123.
 
 171 LEGAL BASIS OF LAWS. /8 
 
 words of the 14th amendment to a drily logical extreme. 
 Many laws which it would be vain to ask the court to 
 overthrow could be shown, easily enough, to transgress 
 a scholastic interpretation of one or another of the 
 great guarantees in the Bill of Rights. They more or 
 less limit the liberty of the individual, or they diminish 
 property to a certain extent. We have few scientifically 
 certain criteria of legislation, and as it is often difficult 
 to mark the line where what is called the police power 
 of the states is limited by the Constitution of the United 
 States, judges should be slow to read into the latter a 
 nolumus mutare as against the law-making power. 
 
 "The substance of the plaintiff's argument is that the 
 assessment takes private property for private use with- 
 out compensation. And while we should assume that 
 the plaintiff would retain a revisionary interest in its 
 contribution to the fund so as to be entitled to a return 
 of what remained of it if the purpose were given up (see 
 Danby Bank v. State Treasurer, 39 Vt. 92, 98), still 
 there is no denying that by this law a portion of its 
 property might be taken without return to pay debts 
 of a failing rival in business. Nevertheless, notwith- 
 standing the logical form of the objection, there are 
 more powerful considerations on the other side. In the 
 first place, it is established by a series of cases that an 
 ulterior public advantage may justify a comparatively 
 insignificant taking of private property for what, in its 
 immediate purpose, is a private use. Clark v. Nash, 198 
 U. S. 361, 49 L. ed. 1085, 25 Sup. Ct. 676, 4 A. & E. 
 Ann. Cas. 1171; Strickley v. Highland Boy Gold Min. 
 Co., 200 U. S. 527, 531, 50 L. ed. 581, 583, 26 Sup. Ct. 
 301; 4 A. & E. Ann. Cas. 1174; Olfield v. New 
 York, N. H. & H. R. Co., 203 U. S. 372, 51 L ed. 231. 27 
 Sup. Ct. 72; Bacon v. Walker, 204 U. S. 311, 315, 
 51 L. ed. 499, 501, 27 Sup. Ct. 289. And in the 
 next, it would seem that there may be other cases be-
 
 78 WORKMEN'S COMPENSATION AND INSURANCE. 172 
 
 sides the every-day one of taxation, in which the share 
 of each party in the benefit of a scheme of mutual pro- 
 tection is sufficient compensation for the correlative bur- 
 den that it is compelled to assume. See Ohio Oil Co. 
 v. Indiana, 177 U. S. 190, 44 L. ed. 729, 20 Sup. Ct. 
 576, 20 Mor. Min. Rep. 466. At least if we have a case 
 within the reasonable exercise of the police power, as 
 above explained, no more need be said. 
 
 "It may be said in a general way that the police 
 power extends to all the great public needs. Cam- 
 field v. United States, 167 U. S. 518, 42 L. ed. 
 260, 17 Sup. Ct. 864. It may be put forth in aid 
 of what is sanctioned by usage, or held by the 
 prevailing morality or strong and preponderant opinion 
 to be greatly and immediately necessary to the public 
 welfare. Among matters of that sort probably few 
 would doubt that both usage and preponderant opinion 
 give their sanction to enforcing the primary conditions 
 of successful commerce. One of those conditions at the 
 present time is the possibility of payment by checks 
 drawn against bank deposits, to such an extent do 
 checks replace currency in daily business. If, then, the 
 legislature of the state thinks that the public welfare 
 requires the measure under consideration, analogy and 
 principle are in favor of the power to enact it. Even 
 the primary object of the required assessment is not a 
 private benefit as it was in the cases above cited of a 
 ditch for irrigation or a railway to a mine, but it is to 
 make the currency of checks secure, and by the same 
 stroke to make safe the almost compulsory resort of 
 depositors to banks as the only available means for 
 keeping money on hand. The priority of claim given 
 to depositors is incidental to the same object and is 
 justified in the same way. The power to restrict lib- 
 erty by fixing a minimum of capital required of those 
 who would engage in banking is not denied. The power
 
 173 LEGAL BASIS OF LAWS. 80 
 
 to restrict investments to securities regarded as rela- 
 tively safe seems equally plain. It has been held, we do 
 not doubt rightly, that inspections may be required and 
 the cost thrown on the bank. See Charlotte, C. & A. R. 
 Co. v. Gibbes, 142 U. S. 386, 35 L. ed. 1051, 12 Sup. Ct. 
 255. The power to compel beforehand, co-opera- 
 tion, and thus, it is believed, to make a failure unlikely 
 and a general panic almost impossible, must be recog- 
 nized, if government is to do its proper work, unless we 
 can say that the means have no reasonable relation to 
 the end. Gundling v. Chicago, 177 U. S. 183, 188, 44 
 L. ed. 725, 728, 20 Sup. Ct. 633. So far is that from 
 being the case that the device is a familiar one. It was 
 adopted by some states the better part of a century ago, 
 and seems never to have been questioned until now. 
 Danby Bank v. State Treasurer, 39 Vt. 92; People v. 
 Walker, 17 N. Y. 502. Recent cases going not less far 
 are Lemieux v. Young, 211 U, S. 489, 496, 53 L. ed. 
 295, 300, 29 Sup. Ct. 174; Kidd, D. & P. Co. v. Mussel- 
 man Grocer Co. 217 U. S. 461, 54 L. ed. 839, 30 Sup. Ct. 
 606." 
 
 80. Analogous decisions Sheep-dog fund cases. 
 Many states, notably Ohio, Illinois, Indiana, Kentucky, 
 Michigan and Massachusetts, exercising the police 
 power for the promotion of the sheep industry and pub- 
 lic welfare, have enacted statutes imposing a tax or 
 license upon dogs in a stated sum, collecting the same 
 from the owner, placing the collections in a public fund, 
 and distributing the same through state officers in pay- 
 ment of damages to owners of sheep killed by dogs. 
 These statutes have been universally upheld by the 
 courts. 
 
 The Ohio act was attacked as being an unconstitu- 
 tional exercise of the taxing power of the state and an
 
 8 1 WORKMEN'S COMPENSATION AND INSURANCE. 174 
 
 unreasonable exercise of the police power. The court 
 said in sustaining this law: 
 
 "While the dog as a species, possesses many val- 
 uable traits which by some are denominated virtues, 
 it is nevertheless known of all men, that he possesses 
 vicious traits which are especially inimical to the im- 
 portant industry of raising sheep and wool. If the gov- 
 ernment were powerless to protect this industry from 
 the ravage of dogs, it would indeed be important to 
 protect its citizens in the enjoyment of property, than 
 which none other is more essential to the public wel- 
 fare. But such power is unquestionably vested in the 
 general assembly as a police power, and, in the judg- 
 ment of the general assembly a per capita tax on dogs 
 has been deemed a means of securing the necessary 
 protection to sheep owners; and, as the choice of means 
 was within the power and discretion of the general 
 assembly, its judgment is not subject to judicial con- 
 trol. The original statute on this subject (which has 
 been, in substance transferred to Revised Statutes above 
 quoted) (passed May 5, 1877, 74 Ohio L. 177) was en- 
 titled 'An Act for the protection of wool growers and 
 the confiscation of dogs,' a subject not only within the 
 police powers of the general assembly, but one deserv- 
 ing of its consideration. 18 
 
 81. Analogous decisions Whisky cure cases. 
 The Supreme Court of Minnesota sustained an act to 
 establish a fund for the foundation and maintenance of 
 an asylum for inebriates, requiring all sellers of liquors 
 to pay ten dollars a year to the state treasurer, through 
 the county treasurers, in addition to the usual license, 
 the fund to be disbursed by a state commission in the 
 
 is Hoist v. Roe, 39 Ohio St. 340, citing Van Horn v. People, 46 
 Mich. 183; Cole v. Hall, 103 111. 30; Mitchell v. Williams, 27 Ind. 
 62 ; McGlone v. Wornock, 129 Ky. 274, 111 S. W. 688 ; Blair v. Fore- 
 hand, 100 Mass. 136.
 
 175 LEGAL BASIS OF LAWS. 8 1 
 
 erection and operation of a state asylum for inebriates. 
 The court in its opinion points out that the act is an 
 exercise of the police power upon a subject clearly with- 
 in that power, saying: 
 
 "This act regards the traffic as one tending to pro- 
 duce intemperance, and as likely, by reason thereof, to 
 entail upon the state the expense and burden of pro- 
 viding for a class of persons rendered incapable of self- 
 support, the evil influence of whose presence and ex- 
 ample upon society is necessarily injurious to the public 
 welfare and prosperity, and, therefore, calls for such 
 legislative interposition as will operate as a restraint 
 upon the business, and protect the community from the 
 mischiefs, evils and pecuniary burdens flowing from its 
 prosecution. * * * That these' provisions unmistak- 
 ably partake of the nature of police regulations, and are 
 strictly of that character, there can be no doubt, nor can 
 it be denied that their expediency or necessity is solely 
 a legislative, and not a judicial, question. * * * Re- 
 garding the law as a precautionary measure, intended to 
 operate as a wholesome restraint upon the traffic, and 
 as a protection to society against its consequent evils, 
 the exacted fee is not unreasonable in amount, and the 
 purpose to which it is devoted is strictly pertinent and 
 appropriate. It could not be questioned but that a rea- 
 sonable sum imposed in the way of an indemnity to the 
 state against the expense of maintaining a police force 
 to supervise the conduct of those engaged in the busi- 
 ness, and to guard against the disorders, and infractions 
 of law occasioned by its prosecution, would be a legiti- 
 mate exercise of the police power, and not open to the 
 objection that it was a tax for the purpose of revenue, 
 and, therefore, unconstitutional. Reclaiming the ine- 
 briate, restoring him to society, prepared again to dis- 
 charge the duties of citizenship, equally promotes the 
 public welfare, and tends to the accomplishment of like
 
 82 WORKMEN'S COMPENSATION AND INSURANCE. 176 
 
 beneficial results, and it is difficult to see wherein the 
 imposition of a reasonable license fee would be any the 
 less a proper exercise of this power in the one case than 
 in the other. The purpose to which the license fund 
 created by the act is designated is more consonant to 
 the idea of regulating the traffic and preventing its evils 
 than is the case under the general license law, which 
 devotes the fees received to common school purposes, 
 and we are not aware that any objection has ever been 
 urged against that law on that account." 19 
 
 This case is cited with approval by Professor 
 Freund in his work on the Police Power, Sec. 623. 
 
 82. Analogous decisions Firemen's fund cases. 
 
 Statutes imposing a liability upon fire insurance 
 agents, based upon the amount of the insurance effect- 
 ed by them, for the benefit of a fund to care for injured 
 firemen have been upheld in the states of New York, 
 Illinois and Wisconsin. 20 
 
 83. These laws an exercise of taxing power At- 
 tributes and limitations of taxing power. It is import- 
 ant to inquire as to the right to tax and the extent of this 
 right, for it is this power of the state that is invoked to 
 sustain all insurance and compensation acts. "The pow- 
 er of taxation," says Judge Cooley, 21 "is an incident of 
 sovereignty, and is possessed by the government with- 
 out being expressly conferred by the people. It is a leg- 
 islative power; and when the people, by their constitu- 
 tions, create a department of government upon which 
 they confer the power to make laws, the power of taxa- 
 
 i State v. Cassidy, 22 Minn. 312. 
 
 20 Fire Department v. Noble, 3 E. D. Smith (N. Y.) 440; Fire 
 Department v. Wright, 3 E. D. Smith (N. Y.) 453; Exempt Fire- 
 man's Fund v. Roome, 29 Hun (N. Y.) 391, 394; Firemen's Benevo- 
 lent Ass'n v. Lounsbury, 21 111. 511, 74 Am. Dec. 115; Fire Depart- 
 ment v. Helfenstein, 16 Wis. 136. 
 
 21 Cooley Taxation (2d ed.), p. 4.
 
 177 LEGAL BASIS OF LAWS. 83 
 
 tion is conferred as part of the more general power. 
 * * * Everything to which the legislative power ex- 
 tends may be the subject of taxation, whether it be per- 
 son or property, or possession, franchise or privilege, or 
 occupation or right. Nothing but express constitution- 
 al limitation upon legislative authority can exclude any- 
 thing to which the authority extends from the grasp of 
 the taxing power, if the legislature in its discretion 
 shall at any time select it for revenue purposes and not 
 only is the power unlimited in its reach as to subjects, 
 but in its very nature it acknowledges no limits, and may 
 be carried to any extent which the government may find 
 expedient. It may, therefore, be employed again and 
 again upon the same subjects, even to the extent of ex- 
 haustion and destruction, and may thus become in its 
 exercise a power to destroy. If the power be threatened 
 with abuse, security must be found in the responsibility 
 of the legislature which imposes the tax to the con- 
 stituency who are to pay it. The judiciary can afford no 
 redress against oppressive taxation, so long as the leg- 
 islature, in imposing it, shall keep within the limits of 
 legislative authority and violate no express provision 
 of the constitution. The necessity for imposing it ad- 
 dresses itself to the legislative discretion, and it is or 
 may be an urgent necessity which will admit of no prop- 
 erty or other conflicting right in the citizen while it re- 
 mains unsatisfied." 
 
 "But," says Judge Cooley, "great as is the power of 
 any sovereignty to levy and collect taxes from its citi- 
 zens, it is not in a constitutional country without limita- 
 tions which are of a very distinct and positive nature." 22 
 
 "It is unfit," says Chief Justice Marshall, "for the 
 judicial department to inquire what degree of taxation 
 
 22 Cooley Taxation (2d ed.) 54. 
 
 12 BOTD W C
 
 84 WORKMEN'S COMPENSATION AND INSURANCE. 178 
 
 is the legitimate use, and what degree may amount to 
 the abuse of the power." 23 
 
 84. Subjects of taxation. It is to be borne in 
 mind that though the state is practically unlimited as to 
 the e~xtent of the burden it may impose in the way of 
 taxation, yet this power must be exercised within well 
 defined limitations as to the subjects of taxation. 
 
 "The power of taxation," says the Supreme Court 
 of the United States, "however vast in its character, 
 and searching in its extent, is necessarily limited to 
 subjects within the jurisdiction of the state. These sub- 
 jects are persons, property and business. Whatever 
 form taxation may assume, whether as duties, imposts, 
 excises or licenses, it must relate to one of these sub- 
 jects. It is .not possible to conceive of any other, 
 though as applied to them the taxation may be exer- 
 cised in a great variety of ways. It may touch property 
 in every shape in its natural condition, in its manufac- 
 tured form, and in its various transmutations. And the 
 amount of the taxation may be determined by the value 
 of the property, or its use, or its capacity, or its produc- 
 tiveness. It may touch business in the almost infinite 
 forms in which it is conducted, in professions, in com- 
 merce, in manufactures and in transportation." 24 To 
 similar effect Chief Justice Marshall said: "The power 
 of legislation, and consequently of taxation, operates on 
 all persons and property belonging to the body politic. 
 This is an original principle, which has its foundation 
 in society itself. It is granted by all for the benefit of 
 all. It resides in the government as part of itself, and 
 need not be reserved where property of any description, 
 or the right to use it in any manner, is granted to indi- 
 
 23McCullough v. Maryland, 4 Wheat. (U. S.) 316, 430, 4 L. ed. 
 415. 
 
 24 State Tax on Foreign Held Bonds, 15 Wall. (U. S.) 315.
 
 179 LEGAL BASIS OF LAWS. 85 
 
 viduals or corporate bodies. However absolute the 
 right of an individual may be, it is still in the nature of 
 that right that it must bear a portion of the public bur- 
 dens; and that portion must be determined by the legis- 
 lature. This vital power may be abused; * * * but 
 the interest, wisdom and justice of the representative 
 body, and its relations with its constituents, furnish the 
 only security where there is no express contract, against 
 unjust and excessive taxation, as well as against unwise 
 legislation generally." 25 
 
 85. Similarity of attributes of general taxation 
 and eminent domain. The underlying principle of spe- 
 cial taxation, general taxation and eminent domain is the 
 same, namely, that for the tax collected a return shall 
 be given back to the individual whose property is ap- 
 propriated. "Taxation and eminent domain indeed rest 
 substantially on the same foundation, as each implies 
 the taking of private property for the public use on 
 compensation made ; but the compensation is different 
 in the two cases. When taxation takes money for the 
 public use, the taxpayer receives, or is supposed to re- 
 ceive, his just compensation in the protection which 
 government affords to life, liberty and property, in the 
 public conveniences which it provides, and in the 
 increase in the value of possessions which comes from 
 the use to which the government applies the money 
 raised by the tax; and these benefits amply support the 
 individual burden." 26 
 
 "The theory of the law is, that full compensation is 
 then received in every instance. It is not, it is true, a 
 compensation made in money, but, as in every other 
 case of taxation, the person taxed is to receive a benefit 
 from the expenditure of the moneys collected." 27 
 
 25 Providence Bank v. Billings, 4 Pet. (U. S.) 514, 561, 7 L. ed. 171. 
 26Cooley Conet. Lim. (7th ed.), p. 715. 
 27Cooley Taxation (2d ed.), p. 625.
 
 86 WORKMEN'S COMPENSATION AND INSURANCE. 180 
 
 86. Necessity that purpose of tax be a public pur- 
 pose. "It is the first requisite of lawful taxation," says 
 Judge Cooley, "that the purpose for which it is laid 
 shall be a public purpose. The decision to lay a tax for 
 a given purpose involves a legislative conclusion that 
 the purpose is one for which a tax may be laid; in other 
 words, is a public purpose. But the determination of 
 the legislature on this question is not, like its decision 
 on ordinary questions of public policy, conclusive either 
 on the other departments of the government, or on the 
 people. The question, what is and what is not a public 
 purpose, is one of law; and though unquestionably the 
 legislature has large discretion in selecting the object 
 for which taxes shall be laid, its decision is not final. In 
 any case in which the legislature shall have clearly ex- 
 ceeded its authority in this regard and levied a tax for a 
 purpose not public, it is competent for any one who in 
 person or property is affected by the tax, to appeal to 
 the courts for protection." 28 
 
 87. The public purpose for which taxes may be 
 levied. The regulation of private rights for a public 
 purpose under the police power is as much an appropria- 
 tion of property as the direct taking of property under 
 the taxing power. Thus one of the powers of exercis- 
 ing the police power is to levy a tax for regulative pur- 
 poses instead of for revenue. 
 
 "There are some cases in which levies are made and 
 collected under the general designation of taxes, or 
 under some term employed in revenue laws to indicate 
 a particular class of taxes, where the imposition of the 
 burden may fairly be referred to some other authority 
 than to that branch of the sovereign power of the state 
 under which the public revenues are apportioned and 
 collected. The reason is, that the imposition has not 
 
 28 Cooley Taxation (2d ed.), p. 55.
 
 l8l LEGAL BASIS OF LAWS. 87 
 
 for its object the raising of revenue, but looks rather to 
 the regulation of relative rights, privileges and duties 
 as between individuals, to the conservation of order in 
 the political society, to the encouragement of industry, 
 and the discouragement of pernicious employments. 
 Legislation for these purposes it would seem proper to 
 look upon as being made in the exercise of that author- 
 ity which is inherent in every sovereignty, to make all 
 such rules and regulations as are needful to secure and 
 preserve the public order, and to protect each individual 
 in the enjoyment of his own rights and privileges by 
 requiring the observance of rules of order, fairness and 
 good neighborhood, by all around him. This manifes- 
 tation of the sovereign authority is usually spoken of as 
 the police power." 29 
 
 Industrial insurance would seem in part to come 
 within the scope of regulative legislation above referred 
 to, since the fund necessary to be raised to protect the 
 employed class must necessarily be created through the 
 exercise of some form of the taxing power, and, more- 
 over, the primary object of such regulative legislation 
 is to readjust relations between certain classes of so- 
 ciety to the development of the public welfare. There- 
 fore in determining whether such legislation be con- 
 stitutional or not, one is confronted with the limitations 
 placed by the Fifth Amendment upon the exercise of 
 the police power by the state in the form of the taxing 
 power. 
 
 What then is a public purpose, from the standpoint 
 of such regulative legislation? 
 
 "In the first place, taxation having for its only legit- 
 imate object the raising of money for public purposes 
 and the proper needs of government, the exaction of 
 moneys from the citizens for other purposes is not a 
 
 2Cooley Taxation (3d ed.), 1125.
 
 88 WORKMEN'S COMPENSATION AND INSURANCE. 182 
 
 proper exercise of this power, and must therefore be 
 unauthorized. In this place, however, we do not use 
 the word 'public' in any narrow and restricted sense, 
 nor do we mean to be understood that whenever the 
 legislature shall overstep the legitimate bounds of 
 their authority the case will be such that the courts can 
 interfere to arrest their action. There are many cases 
 of unconstitutional action by the representatives of the 
 people which can be reached only through the ballot- 
 box; and there are other cases where the line of dis- 
 tinction between that which is allowable and that which 
 is not is so faint and shadowy that the decision of the 
 legislature must be accepted as final, even though the ju- 
 dicial opinion might be different. But there are still oth- 
 er cases where it is entirely possible for the legislature 
 so clearly to exceed the bounds of due authority that we 
 can not doubt the right of the courts to interfere and 
 check what can only be looked upon as ruthless extor- 
 tion, provided the nature of the case is such that judi- 
 cial process can afford relief. An unlimited power to 
 make any and everything lawful which the Legislature 
 might see fit to call taxation, would be, when plainly 
 stated, an unlimited power to plunder the citizen." 30 
 
 88. Public purpose determined by Legislature. 
 It must always be conceded that the proper authority 
 to determine what should and what should not consti- 
 tute a public bt^rden is the legislative department of the 
 state. This is not only true for the state at large, but 
 it is true also in respect to each municipality or political 
 division of the state; these inferior corporate existences 
 having only such authority in this regard as the legis- 
 lature shall confer upon them. And in determining this 
 question, the legislature can not be held in any narrow 
 or technical rule. Not only are certain expenditures 
 
 30 Cooley Const Lim., p.
 
 183 fEGAL BASIS OF LAWS. 88 
 
 absolutely essential to the continued existence of the 
 government and the performance of its ordinary func- 
 tions, but as a matter of policy it may sometimes be 
 proper and wise to assume other burdens which rest en- 
 tirely on considerations of honor, gratitude or charity. 
 The officers of government must be paid, the laws 
 printed, roads constructed and public buildings erected; 
 but with a view to the general well being of society, it 
 may also be important that the children of the state 
 should be educated, the poor kept from starvation, 
 losses in the public service indemnified, and incentives 
 held out to the faithful and fearless discharge of duty in 
 the future, by the payment of pensions to those who 
 have been faithful public servants in the past. There 
 will, therefore, be necessary expenditures which rest 
 upon considerations of policy only, and in regard to the 
 one as much as to the other, the decision of that depart- 
 ment to which alone questions of state policy are ad- 
 dressed must be accepted as conclusive. 81 
 
 Very strong language has been used by the courts 
 in some of the cases on this subject. In a case where 
 was questioned the validity of the state law confirming 
 township action which granted gratuities to persons 
 enlisting in the military service of the United States, the 
 Supreme Court of Connecticut assigned the following 
 reasons in support: 
 
 "In the first place, if it be conceded that it is not 
 competent for the legislative power to make a gift of 
 the common property, or of a sum of money to be raised 
 by taxation, where no possible public benefit, direct or 
 indirect, can be derived therefrom, such exercise of the 
 legislative power must be of an extraordinary charac- 
 ter to justify the interference of the judiciary; and this 
 is not that case. 
 
 siCooley's Const. Lim. (7th ed.), p. 699.
 
 89 WORKMEN'S COMPENSATION AND INSURANCE. 184 
 
 Second. If there be the least possibility that mak- 
 ing the gift will be promotive in any degree of the pub- 
 lic welfare, it becomes a question of policy, and not of 
 natural justice, and the determination of the legislature 
 is conclusive. And such is this case. Such gifts to un- 
 fortunate classes of society, as the indigent blind, the 
 deaf and dumb, or insane, or grants to particular col- 
 leges or school, or grants of pensions, swords, or other 
 mementoes for past service, involving the general good 
 indirectly and in slight degree, are frequently made 
 and never questioned." 81 * 
 
 89. Necessity of benefit as condition to right to 
 tax. Notwithstanding the vast power which resides in 
 the states to tax, all taxation must proceed upon the 
 theory that a corresponding benefit returns to the indi- 
 vidual taxed for the property which belonged to him 
 and which was appropriated. For example, in the use 
 of a general tax collected for the general revenues of 
 the state, it is assumed that the state is suffered to make 
 full and adequate return in the protection which the 
 state gives to the individual, life, liberty and property, 
 and in the increase to the value of his possessions by the 
 uses to which the state applied the money contributed. 
 In the case of a tax which is levied for a special purpose, 
 this theory of return becomes emphasized so that for 
 the purpose of determining the validity of the tax, it 
 becomes necessary to find an immediate specific benefit 
 passing to the individual taxed. 32 
 
 90. Necessity of return of benefit to one paying 
 to special fund. It is essential to the validity of any 
 special tax that there be some return of benefit to the 
 person paying the tax. That is to say, if A's property 
 be given to B under the guise of a tax for the public 
 
 3i Booth v. Woodbury, 32 Conn. 118, 128. 
 82Cooley Taxation (2d ed.), p. 24.
 
 185 LEGAL BASIS OF LAWS. 91 
 
 need, then A must be put in a special class receiving a 
 peculiar benefit in lieu of his appropriated property. Un- 
 der the insurance or compensation act of the type of the 
 Ohio act the employer is discharged from suit when he 
 has made his contribution to the fund, which complies 
 with the foregoing principle. In other words, to levy 
 this tax without giving A this benefit, would be to ap- 
 propriate his property without due process of law. 
 Thus to pass a law which would leave the employe the 
 right to exercise the option as to whether he would ac- 
 cept the insurance or continue in the alternative to 
 exercise his present rights of action at law, would, so 
 far as the question of benefits are concerned, leave the 
 employer class exactly where it is at present and would 
 in consequence be the appropriation of his property 
 without due process of law, for in such instance such a 
 law would not only fail to regulate in an economic man- 
 ner the relation between the employer and employe as 
 desired but would also by reason of continuing the op- 
 portunity to sue under the present methods for personal 
 injuries, fail completely to carry out the sole public ob- 
 ject of so-called compensative legislation; namely: the 
 economic welfare of the community. 
 
 91. Whether conditions of equality and uniform- 
 ity are satisfied in insurance and compensation acts. A 
 
 state has the power to tax all callings or it may tax one 
 or more. The Fourteenth amendment to the Federal 
 constitution is satisfied if equal rights are accorded to 
 all in the class. Special legislation is not prohibited by 
 the amendment. In fact the greater part of all legisla- 
 tion is special either in the extent which it operates or 
 the objects sought to be obtained by it. 83 
 
 "A tax may be imposed only upon certain callings 
 and trades, for when the State exerts its power to tax, it 
 
 33 Southwestern Oil Co. v. State, 217 U. S. 114, 30 Sup. Ct. 496.
 
 9i WORKMEN'S COMPENSATION AND INSURANCE. 186 
 
 is not bound to tax all pursuits or all property that may 
 be legitimately taxed for governmental purposes. It 
 would be an intolerable burden if a state could not tax 
 any property or calling unless, at the same time, it taxed 
 all property or all callings. Its discretion in such mat- 
 ters is very great, and should be exercised solely with 
 reference to the general welfare, as involved in the ne- 
 cessity of taxation for the support of the state. A state 
 may, in its wisdom, classify property for purposes of 
 taxation, and the exercise of its discretion is not to be 
 questioned in a court of the United States, so long as the 
 classification does not invade rights secured by the Con- 
 stitution of the United States." 34 
 
 Industrial insurance as already ordered is a state 
 regulation readjusting the relations of employer and 
 employe for the economic welfare of the community. 
 But this can not be sustained if it amounts to no more 
 than taking the property of the employer and giving it 
 to the employe. It is required that there must be a spe- 
 cific benefit moving to the class taxed, for otherwise no 
 relation can be traced between it and the special pur- 
 pose for which the funds realized are to be used. In 
 this instance the public good is sought not only in the 
 adequate protection of the wage-earning class but also 
 in the prevention of the vast economic waste now aris- 
 ing from personal injury litigation. Any law then which 
 justifies the appropriation of private property for the 
 public welfare in this respect must be so drawn as in fact 
 to produce these desired results. So far as the employe 
 is concerned, it is clear that for any rights of his so ap- 
 propriated comes a return in the form of insurance com- 
 pensation. However, in the scheme of industrial insur- 
 ance no such direct benefit is traceable to the employer. 
 It remains then that he be indirectly compensated in the 
 
 34 Connelly v. Union Sewer Pipe Co., 184 U. S. 540, 562, 46 L. 
 ed. 679, 690, 22 Sup. Ct. 431, 440.
 
 l8/ LEGAL BASIS OF LAWS. 91 
 
 only way possible if his property is to be taken specific- 
 ally to be used to insure the employe class, viz: by ap- 
 propriate protection against the present evils of litiga- 
 tion. Thus one would surrender to the state a right of 
 action for personal injury and receive insurance, and 
 the other would pay a tax in exchange for 'protection 
 against litigation. As a result each party would have 
 received a peculiar benefit for the particular property 
 interest involuntarily surrendered by it to the common 
 welfare. 
 
 The principles above stated are laid down in these 
 decisions of the court which pertain to the distribution 
 of burdens where the interests of the public and of indi- 
 viduals are blended in a common work or service im- 
 posed by law. 
 
 "There are many instances where parties are com- 
 pelled to perform certain acts and to bear certain ex- 
 penses, when the public is interested in the acts which 
 are performed as much as the parties themselves. Thus 
 in opening, widening and improving streets, the owners 
 of adjoining property are often compelled to bear the ex- 
 penses, or at least a portion of them, notwithstanding 
 the work done is chiefly for the benefit of the public. So, 
 also, in the draining of marsh lands, the public is directly 
 interested in removing the causes of malaria, and yet the 
 expense of such labor is usually thrown upon the own- 
 ers of the property. Quarantine regulations are adopted 
 for the protection of the public against the spread of 
 disease, yet the requirement that the vessel examined 
 shall pay for the examination is a part of all quarantine 
 systems. Morgan's L. & T. R. & S. S. Co. v. Louisiana, 
 118 U. S. 455, 466, 30 Law ed. 237, 242. So, the ex- 
 pense of a compulsory examination of a railroad 
 engineer, to ascertain whether he is free from color 
 blindness, has been held to be properly chargeable 
 against the railroad company. Nashville, C. & St. L. R.
 
 92 WORKMEN'S COMPENSATION AND INSURANCE. 188 
 
 Co. v. Alabama, 128 U. S. 96, 101, 32 L. ed. 352, 354. 
 So, where work is done in a particular county for the 
 benefit of the public, the cost is oftentimes cast upon 
 the county itself instead of upon the whole state. Thus, 
 in County of Mobile v. Kimball, 102 U. S. 691, 28 L. ed. 
 238, it was held that a provision for the issuing of bonds 
 by a county in Alabama could not be declared invalid, 
 although it imposed upon one county the expense of an 
 improvement in which the whole state was interested. 
 In such instances where the interests of the public and 
 of individuals are blended in any work or service im- 
 posed by law, whether the cost shall be thrown entirely 
 upon the individuals or upon the state, or be appor- 
 tioned between them, is matter of legislative direction. 35 
 
 92. Whether contract clauses of constitutions are 
 violated Uniform operation of laws. That the con- 
 tracts contemplated by these acts are based upon a valid 
 consideration is shown by reference to the "Voluntary 
 Relief Department" cases involving railroad men. In 
 this class of cases an employe of a railroad company ap- 
 plies for admission to an association composed of the 
 company and a portion of its employes, and when ad- 
 mitted contracts that the company may deduct from his 
 wages a certain insignificant sum each month for the 
 purpose of forming, with other like contributions by 
 other employe members, together with sums contributed 
 by the company, a relief fund for the benefit of the em- 
 ployes in case of sickness, accident or death. The con- 
 tract provides that in case of accident, the acceptance by 
 the employe of relief from the fund relieves the company 
 from liability for damages. These contracts when vol- 
 untarily and understandingly entered into have been 
 
 35 Charlotte, etc., R. Co. v. Gibbs, 142 U. S. 386, 12 Sup. Ct. 255, 
 35 L. ed. 105L
 
 189 LEGAL BASIS OF LAWS. 92 
 
 held to be based upon a valid consideration, to possess 
 mutuality and to be not contrary to public policy. 36 
 
 In respect to the sufficiency and legality of the notice 
 that the employer who has paid the premiums required 
 by the statute has posted in and about his place of busi- 
 ness a copy of the state treasurer's receipt, to the effect 
 that he has paid said premiums is amply supported by 
 the road law cases. In these cases it has been held that 
 such a law declares a rule of evidence whereby a waiver, 
 on the part of the landowner, of his right to compensa- 
 tion, may be established, and does not conflict with the 
 constitution relating to the inviolability of private prop- 
 erty. The rule contained in this proviso can not be re- 
 garded either as a statute of limitations, whereby a right 
 secured by the constitution is barred immediately upon 
 the accruing thereof, or as a statute declaring the for- 
 feiture of private property. Relief in equity, by restrain- 
 ing the appropriation of private property for a public 
 road under said statutes, will not be granted on the 
 ground that compensation therefor has not been paid 
 to the owner in money, in a case where the owner, hav- 
 ing actual notice of the proceedings in which the prop- 
 erty is sought to be taken, and of the time and place of 
 the view, neglected or failed to present his application 
 for compensation, in writing, to the viewers, and where 
 it is not shown that the default was occasioned by in- 
 evitable casualty, or by other circumstances against 
 which reasonable precaution could not have provided. 87 
 
 On the question of the extent the legislature may go 
 in the exercise of its police power in regulating the rela- 
 tion of employer and employe, without violating the pro- 
 visions of the Fourteenth Amendment of the Constitu- 
 tion of the United States by abridging the privileges or 
 
 e Pittsburg, etc., R. Co. v. Cox, 55 Ohio St. 497, 45 N. E. 641. 
 See generally, 79. 
 
 -*7 Reckner v. Warner, 22 Ohio St. 275.
 
 93 WORKMEN'S COMPENSATION AND INSURANCE. 190 
 
 immunities of the citizens, or by depriving them of their 
 property, or by denying to them the equal protection of 
 the laws, the Supreme Court of the United States in 
 construing an eight-hour law in the light of the Four- 
 teenth Amendment has said: 
 
 "In passing upon the validity of state legislation 
 under that amendment, this court has not failed to recog- 
 nize the fact that the law is, to a certain extent, a pro- 
 gressive science; that in some States methods of pro- 
 cedure which, at the time the Constitution was adopted, 
 were deemed essential to the protection and safety of 
 the people, or to the liberty of the citizen, have been 
 found to be no longer necessary; that restrictions which 
 had formerly been laid upon the conduct of individuals 
 or of classes of individuals, had proved detrimental to 
 their interests; while, upon the other hand, certain oth- 
 er classes of persons, particularly those engaged in dan- 
 gerous or unhealthy employments, have been found to 
 be in need of additional protection," but this power of 
 change is limited by the "fundamental principles laid 
 down in the Constitution, to which each member of the 
 Union is bound to accede as a condition of its admis- 
 sion as a State." 38 
 
 93. Insurance and compensation laws a proper 
 exercise of police powers. The Supreme Court of the 
 United States has most clearly defined the conditions 
 under which the conduct of business or employments 
 warrants the exercise of legislative power of any state 
 to pass proper police measures to regulate the same for 
 the purpose of protecting society as a whole, in speaking 
 through Chief Justice Waite, in the epoch-making case 
 of Munn v. Illinois. 39 
 
 This case involved the constitutionality of a law 
 
 38 Holden v. Hardey, 169 IT. S. 366, 42 L. ed. 780. 
 94 U. S. 113, 24 L. ed. 77.
 
 19 1 LEGAL BASIS OF LAWS. 93 
 
 passed by the legislature of Illinois to regulate the rates 
 which grain elevators might charge. This act fixed a 
 maximum rate which grain elevators might charge the 
 public for storing grain. Said the Chief Justice: 'The 
 state is a social compact by which the whole people 
 covenants with each citizen, and each citizen with the 
 whole people, that all shall be governed by certain laws 
 for the common good. 
 
 "From this source come the police powers, which, 
 as said by Chief Justice Taney in the License Cases, 
 5 How. 583, 12 L. ed. 291, 'are nothing more or less 
 than the powers of government inherent in every sover- 
 eignty, * * * that is to say, * * * the power 
 to govern men and things.' Under these powers the 
 government regulates the conduct of its citizens one 
 towards another, and the manner in which each shall use 
 his own property, when such regulation becomes neces- 
 sary for the public good. In their exercise it has been 
 customary in England from time immemorial, and in 
 this country from its first colonization, to regulate fer- 
 ries, common carriers, hackmen, bakers, millers, wharf- 
 ingers, innkeepers, etc., and in so doing to fix a maxi- 
 mum of charge to be made for services rendered, accom- 
 modations furnished, and articles sold. To this day 
 statutes are to be found in many of the states upon 
 some or all of these subjects; and we think that it has 
 never yet been successfully contended that such legis- 
 lation came within any of the constitutional prohibitions 
 against interference with private property. With the 
 5th Amendment in force, Congress, in 1820, conferred 
 power upon the city of Washington 'to regulate * * * 
 the rates of wharfage at private wharves, * * the 
 
 sweeping of chimneys, and to fix the rate of fees there- 
 for, * * * and the weight and quality of bread,' 
 3 Stat. at L. 587, Chap. 104, Sec. 7; and in 1848, 'to make 
 all necessary regulations respecting hackney carriages,
 
 93 WORKMEN'S COMPENSATION AND INSURANCE. 192 
 
 and the rates of fare of the same, and the rates of haul- 
 ing by cartmen, wagoners, carmen, and draymen, and 
 the rates of commission of auctioneers.' 9 Stat. at L. 
 224, Chap. 42, Sec. 2. 
 
 "From this it is apparent that, down to the time of 
 the adoption of the 14th Amendment, it was not sup- 
 posed that statutes regulating the use, or even the price 
 of the use, of private property necessarily deprived an 
 owner of his property without due process of law. Un- 
 der some circumstances they may, but not under all. 
 The amendment does not change the law in this partic- 
 ular; it simply prevents the states from doing that 
 which will operate as such a deprivation. * * * 
 
 Property does become clothed with a public inter- 
 est when used in a manner to make it of public conse- 
 quence, and affect the community at large. When, 
 therefore, one devotes his property to a use in which the 
 public has an interest, he in effect grants to the public 
 an interest in that use, and must submit to 'be controlled 
 by the public for the common good, to the extent of the 
 interest he has thus created. He may withdraw his 
 grant by discontinuing the use ; but, so long as he main- 
 tains the use, he must submit to the control. * * * 
 
 "Neither is it a matter of any moment that no pre- 
 cedent can be found for a statute precisely like this. It 
 is conceded that the business is one of recent origin, that 
 its growth has been rapid, and that it is already of great 
 importance. And it must also be conceded that it is a 
 business in which the whole public has a direct and posi- 
 tive interest. It presents, therefore, a case for the ap- 
 plication of a long-known and well-established principle 
 in social science, and this statute simply extends the law 
 so as to meet this new development of commercial prog- 
 ress. There is no attempt to compel these owners to 
 grant the public an interest in their property, but to de-
 
 193 LEGAL BASIS OF LAWS. 94 
 
 clare their obligations, if they use it in this particular 
 manner." 
 
 It follows that the existing conditions relative to the 
 effects of personal injuries which workmen receive in 
 the due course of their employment, upon their depend- 
 ents and society as a whole, come within the domain of 
 applicability of the police power of the state and that the 
 remedy of obligatory industrial insurance, is not in con- 
 flict with the constitutional limitations of the several 
 state or Federal Constitutions. 
 
 94. Whether laws open to objection of lack of uni- 
 formity of operation and equality of protection Classi- 
 fication. An objection commonly urged against com- 
 pensation laws limited to employers having more than a 
 stated number of employes, is that they are, by that very 
 fact, without uniform operation within the meaning of 
 constitutions making this a condition to a valid statute. 
 The objection has been held without merit in the case of 
 a statute which required mine inspection in mines where 
 more than five men were employed at any one time. 40 
 
 Such a classification is justified by the rule of reason. 
 "It would be almost a physical impossibility to cover all 
 employments at the start, as for example, domestic 
 service, casual employments and farmers. European 
 countries in the beginning placed similar limitations in 
 the application of their acts and later removed them. 
 
 'This is a species of classification which the legis- 
 lature is at liberty to adopt, provided it is not wholly 
 arbitrary or unreasonable, as it was in Getting v. Kan- 
 sas City Stock Yards Co., 183 U. S. 79, in which 
 an act defining what should constitute public stock yards 
 and regulating all charges connected therewith was held 
 to be unconstitutional, because it applied only to one 
 particular company, and not to other companies or cor- 
 
 <o St. Louis, etc., Coal Co. v. Illinois, 185 U. S. 203, 46 L. ed. 872. 
 
 13 BOTDWC
 
 94 WORKMEN'S COMPENSATION AND INSURANCE. 194 
 
 porations engaged in a like business in Kansas, and 
 thereby denied to that Company the equal protection of 
 the laws. In the case under consideration there is no 
 attempt arbitrarily to select one mine for inspection, but 
 only to assume that mines, which are worked upon so 
 small a scale as to require only five operators, would 
 not be likely to need the careful inspection provided for 
 the larger mines, where the workings were carried on 
 upon a larger scale or at a greater depth from the sur- 
 face, and where a much larger force would be necessary 
 for their successful operation. It is quite evident that a 
 mine which is operated by only five men could scarcely 
 have passed the experimental stage, or that cautions 
 necessary in the operation of coal mines of ordinary 
 magnitude would be required in such cases. There was 
 clearly reasonable foundation for discrimination here." 41 
 
 The question is squarely met in a recent case con- 
 struing a workmen's compensation act. In this case the 
 court said: 
 
 "But it is said that there is no proper classification 
 here and hence that the law is fatally discriminating in 
 its character. The two defenses are preserved intact to 
 employers who elect to come under the law and taken 
 away from those who do not so elect. 
 
 "The rules governing classification are familiar and 
 are in brief as follows : It must be based on substantial 
 distinctions which make real differences, it must be ger- 
 mane to the purposes of the law; it must not be limited 
 to existing conditions only; and must apply equally to 
 each member of the class. It seems to us that this class- 
 ification fully meets these requirements. Certainly 
 there will be very real differences between the situation 
 
 4i St. Louis, etc., Coal Co. v. Illinois, 185 U. S. 203, 46 L. ed. 
 872. See also McLean v. Arkansas, 211 U. S. 539, 29 Sup. Ct 
 206; Williams v. Arkansas, 217 U. S. 79; Angel v. O'Malley, 219 U, 
 S. 129; Borgnis v. Falk Co., 149 Wis. 327, 133 N. W. 209.
 
 LEGAL BASIS OF LAWS. . 94 
 
 of the employer who elects to come under the law and 
 the employer who does not. * * * 
 
 "It seems to us that this question must be answered 
 in the affirmative, and if it be so answered there can be 
 no doubt as to the legitimacy of the classification, for 
 the reason that it is quite apparent that the other condi- 
 tions of valid classification are fully satisfied. There can 
 be no doubt that the classification is germane to the pur- 
 pose of the law, and it is not limited in its application to 
 existing conditions only, and applies equally to each 
 member of the class. 
 
 "The minor classification by which the fellow-ser- 
 vant defense is preserved to all employers employing 
 less than four employes in a common employment is 
 also attacked as having no proper legal basis, but it 
 seems to us that the grounds of classification here are 
 more persuasive even than in the case just discussed. 
 The man who is employed with one or two other men 
 in a given employment in all reasonable probability 
 knows their characteristics well and will probably be 
 with them a great part of the time. He will have 
 ample opportunity to form a just judgment as to the risk 
 of injury from their negligence which he will run if he 
 works with them, and will be enabled to shape his own 
 conduct accordingly; but the man who is one of a large 
 number of men, many of whom he never sees, and some 
 of these latter having duties to perform in distant places, 
 upon the due performance of which his own safety de- 
 pends, has no opportunity to acquire any accurate 
 knowledge of the characteristics of many of his fellow- 
 workmen and can not intelligently decide what risk he 
 runs at the hands of such distant and unknown employes. 
 The difference in situation is not merely fanciful it is 
 real. In one case the employe knows or has the means 
 of knowing what to expect from his co-laborers, in the 
 other case he has neither the knowledge nor the means
 
 95 WORKMEN'S COMPENSATION AND INSURANCE. 196 
 
 of knowledge. Of course there will be cases on the 
 border line where the difference in situation will be very 
 slight or perhaps entirely non-existent. There will prob- 
 ably be no practical difference between the situation of 
 the man who is one of four or five employes in a given 
 employment and the situation of the man who is one of 
 three, but this does not militate against the legitimacy 
 of the classification: this is a necessary defect in all 
 cases of classification based upon numbers. The question 
 is not whether there may be some on one side of the line 
 whose situation is practically the same as that of some 
 on the other side, but whether there is a 'distinction be- 
 tween the classes as classes, whether there are char- 
 acteristics which, in a greater degree, persist through 
 the one class than in the other which justify legal dis- 
 crimination between them.' " 42 
 
 95. Legislature in its enactments limited only by 
 state and Federal constitutions. The legislature of a 
 State can do any legislative act that is not prohibited by 
 the State or Federal Constitution, and without and be- 
 yond the limitations and restrictions contained in those 
 instruments, the law-making power of the state is as 
 absolute, omnipotent and uncontrollable as that of the 
 English parliament. Within these limitations the legis- 
 lature may pass any law which could be enacted in the 
 most despotic government or which the people could 
 enact in their primary capacity. 43 
 
 This principle would certainly seem sufficient to 
 warrant a legislature with the power to act on the 
 
 Borgnis v. Falk Co., 149 Wis. 327, 133 N. W. 209. See also State 
 v. Evans, 130 Wis. 381. 
 
 48 People v. Hill, 163 111. 186, 46 N. E. 796; Fireman's Benev. 
 Soc. v. Lovmsbury, 21 111. 511; Munn v. People, 69 111. 80; Mason 
 v. Wait, 4 Scam. (111.) 127; People v. Hoffman, 116 111. 587; Chicago 
 & St Louis R. R. Co. v. Warrington, 92 111. 157; Richards v. Ray- 
 mond, 92 111. 612 ; People v. Wall, 88 111. 75 ; Hawthorne v. People, 109 
 111. 302.
 
 197 LEGAL BASIS OF LAWS. 96 
 
 main subject to fix the premiums to be paid, upon the 
 basis of the hazard in the different employments and 
 arbitrarily to make the compensation to the injured 
 workman a certain precentage of his wages. 
 
 96. Nature of administration of compensation 
 acts. An insurance or compensation act should not con- 
 found the executive and judicial functions of the state. 
 It is of the highest importance on the ground of expedi- 
 ency that these provisions shall take, as far as possible, 
 the form. of administrative measures rather than those 
 of a judicial nature. In the administration of an indus- 
 trial insurance act, it is necessary in the interest of econ- 
 omy to put into operation summary methods of pro- 
 cedure in so far as they are in harmony with justice. 
 At the same time, it is necessary to use as little as pos- 
 sible those judicial methods which experience has shown 
 result in such great economic waste in the adjudication 
 of personal injury suits. In the second place: If the 
 final determination of a controversy arising under an 
 industrial insurance act must be by means of a trial by 
 jury, then the much hoped for saving in economy would 
 be lost. The 7th Amendment of the Constitution of the 
 United States reads as follows: "In suits at common 
 law where the value in controversy shall exceed $20, 
 the right of trial by jury shall be preserved, and no 
 fact tried by a jury shall be otherwise re-examined in 
 any court of the United States, than according to the 
 rules of the common law." 
 
 It follows, therefore, from the 7th Amendment, that 
 in case a controversy arising out of an industrial insur- 
 ance act can be classified as an executive function of the 
 state, then the 7th Amendment has no application, for 
 the reason that it is limited in its application by its ex- 
 press provisions to judicial proceedings. The inquiry at 
 this point is whether the administration of the act is an
 
 97 WORKMEN'S COMPENSATION AND INSURANCE. 198 
 
 executive or judicial function janti if a judicial function 
 does it fall within that class of actions which receive a 
 trial by jury. 
 
 97. Nature of administration of compensation 
 acts whether executive or judicial Due process. A 
 consideration of the question whether these acts call into 
 exercise executive or judicial functions involves an in- 
 vestigation of the limitations created by the 5th Amend- 
 ment to the Federal Constitution, with respect to "due 
 process of law." This provision is deemed to apply not 
 only to the power of the legislative, but also to the 
 judicial branches of the state government. This amend- 
 ment provides that: 
 
 "No person shall be deprived of life, liberty, or prop- 
 erty, without due process of law." 
 
 The phrase "due process of law" has application in 
 our problem, not only to the rights created by the act, 
 but also rather to the remedy provided by the act to 
 make the putting the same into effective operation. 
 
 The executive arm of every state government dis- 
 poses of many problems which, considered by them- 
 selves, are purely judicial in character. This principle, 
 as the authorities show, is illustrated in the following 
 examples, viz.: (1) In the levying of special assess- 
 ments ; (2) in the exercise of the power of eminent do- 
 main; (3) in the collection of various taxes; (4) in the 
 adjudication of those controversies (of purely judicial 
 nature) which deal with questions of account between 
 tax collectors and the state, in which the state may 
 finally determine all issues through its administrative 
 agencies. Says the Supreme Court of the United 
 States: 
 
 "Though 'due process of law' generally implies and 
 includes actor, reus, judex, regular allegations, oppor- 
 tunity to answer, and a trial according to some settled
 
 199 LEGAL BASIS OF LAWS. 97 
 
 course of judicial proceedings (2 Inst. 47, 50; Hoke v. 
 Henderson, 15 N. C. (4 Dev. L.) 15, 25 Am. Dec. 677; 
 Taylor v. Porter, 4 Hill 146, 40 Am. Dec. 274; Vanzant 
 v. Waddel, 2 Yerg. 260; Bank of State v. Cooper, 2 
 Yerg. 599, 24 Am. Dec. 517; Jones v. Perry, 10 Yerg. 59, 
 30 Am. Dec. 430; Greene v. Briggs, 1 Curt. C. C. 311, 
 Fed. Cas. No. 5,764), yet this is not universally true. 
 There may be, and we have seen that there are cases 
 under the law of England after Magna Charta and 
 as it was brought to this country and acted on 
 here, in which process, in its nature final, issues against 
 the body, lands, and goods of certain public debtors 
 without any such trial; and this brings us to the question 
 whether those provisions of the Constitution which re- 
 late to the judicial power are incompatible with these 
 proceedings. 
 
 "That the auditing of the accounts of a receiver of 
 public moneys may be, in an enlarged sense, a judicial 
 act, must be admitted, so are all those administrative 
 duties the performance of which involves an inquiry into 
 the existence of facts and the application to them of 
 rules of law. In this sense the act of the President in 
 calling out the militia under the act ot 1795 (12 Wheat. 
 19, 6 L. ed. 537,) or a commissioner who makes a cer- 
 tificate for the extradition of a criminal, under a treaty, 
 is judicial. But it is not sufficient, to bring such matter 
 under the judicial power, that they involve the exercise 
 of judgment upon law and fact. * * * The power 
 to collect and disburse revenue and to make all laws that 
 shall be necessary and proper for carrying that power 
 into effect, includes all known and appropriate means 
 of effectually collecting and disbursing that revenue, un- 
 less some such means should be forbidden in some part 
 of the Constitution. The power has not been exhausted 
 by the receipt of the money by the collector. Its pur- 
 pose is to raise money and use it in payment of the debts
 
 97 WORKMEN'S COMPENSATION AND INSURANCE. 200 
 
 of the government; and whoever may have possession 
 of the public money, until it is actually disbursed, the 
 power to use those known and appropriate means to 
 secure its due application continues." 44 
 
 The right of trial by jury does not apply to con- 
 demnation proceedings. The jury trial can only be 
 claimed -as a constitutional right where the subject is 
 judicial in its character. The exercise of the right of 
 eminent domain stands on the same ground with the 
 power of taxation. Both are emanations of the law- 
 making power. They are attributes of political sover- 
 eignty, for the exercise of which the legislature is under 
 no necessity to address itself to the courts. In impos- 
 ing a tax, or in appropriating the property of a citizen, 
 or a class of citizens, for a public purpose, with a proper 
 provision for compensation, the legislative act is itself 
 due process of law; though it would not be if it should 
 undertake to appropriate the property of one citizen for 
 the use of another, or to confiscate the property of one 
 person or a class of persons, or a particular description 
 of property, upon some view of public policy, where it 
 could not be said to be taken for a public use. 45 
 
 The principle is the same in the matter of the levy 
 and collection of ordinary taxes in a summary manner. 46 
 
 "The mode of assessing taxes in the states, by the 
 Federal government, and by all governments, is neces- 
 sarily summary, that it may be speedy and effectual. 
 By summary is not meant arbitrary or inequal or illegal. 
 
 44 Murray v. Hoboken Land, etc., Co., 18 How. (U. S.) 272, 15 
 L cd. 372. 
 
 *5 Lewis Eminent Domain (2d ed.), 311. In re New York 
 Central R. Co., 66 N. Y. 407. 
 
 4 Kelly v. Pittsburg, 104 U. S. 80, 26 L. ed. 659 ; Palmer v. Me- 
 Mahon, 133 U. S. 699, 33 L. ed. 776, 10 Sup. Ct. 324 ; Spencer v. Mer- 
 chant, 125 U. S. 345, 31 L. ed. 763, 8 Sup. Ct. 921 ; Watson v. Nevln, 
 128 U. S. 578, 32 L. ed. 544, 9 Sup. Ct. 192; Hagar v. Reclamation 
 Dist., Ill U. S. 701, 28 L. ed. 569, 4 Sup. Ct. 663.
 
 2OI LEGAL BASIS OF LAWS. 96 
 
 It must, under our Constitution, be lawfully done. But 
 that does not mean, nor does the phrase 'due process of 
 law' mean, by a judicial proceeding. The nation from 
 whom we inherit the phrase 'due process of law' has 
 never relied upon the courts of justice for the collection 
 of her taxes, though she passed through a successful 
 revolution in resistance to unlawful taxation." 47 
 
 The principle is satisfied if the law provides for a 
 board of revision authorized to hear complaints respect- 
 ing the justice of the assessment, and prescribes the 
 time during which and the place where such complaints 
 may be made. 48 
 
 98. Deprivation of right to trial by jury. The 
 
 question whether these statutes operate as a denial of 
 the right to trial by jury within the constitutional sense 
 is squarely met by the Supreme Court of Montana in 
 passing upon the compensation law of that state. After 
 showing that the constitution does not prevent a change 
 in the system of actions for negligence, the court says: 
 "The right of trial by jury which is secured and pro- 
 tected by the constitution, refers to the trial of cases, 
 actions, or suits at law (see Koppikus v. Capitol Com- 
 missioners, 16 Cal. 249), and has no reference to claims 
 against an indemnity fund, such as are provided for by 
 this act, or demands by the State auditor for occupation 
 taxes. There is not anything in the constitution guar- 
 anteeing a right of trial by jury in case of demand for a 
 license or occupation tax. The adjustment of claims 
 under the act is an administrative function and not a 
 judicial proceeding, and it is only in certain cases falling 
 under the latter designation that trial by jury is guaran- 
 teed by the constitution. 'Due process of law' does not 
 
 47 McMillen v. Anderson, 95 TJ. S. 37, 24 L. ed. 335. 
 
 48 Hagar v. Reclamation District, 111 U. S. 701, 28 L. ed. 569, 4 
 Sup. Ct. 663.
 
 98 WORKMEN'S COMPENSATION AND INSURANCE. 202 
 
 necessarily require a jury trial." (Montana Co. v. St. 
 Louis Min. Co., 152 U. S. 160.) 49 
 
 The principles are well summarized by Mr. Robert J. 
 Carey. In his view the decisions do not require trial 
 by jury for the purpose of adjudicating a claim made by 
 an employe against a government agency, for the pay- 
 ment out of a tax fund of a stipulated sum alleged to be 
 due such employe as insurance. "Such right so vested 
 in the employe is not a new private right against his 
 employer. Thus it bears no resemblance to new sub- 
 stantive private rights akin to common-law rights, 
 though created by statute. It is rather a right to share 
 in a tax fund, and thus is necessarily a claim against 
 the government, though the details of the law might be 
 such that the claim is to be made against a government 
 agency, as, for instance, a bureau, commission, or asso- 
 ciation. The fund against which such claim is made is 
 collected admittedly in a summary proceeding; the right 
 to an interest in such fund arises not for the purpose of 
 recoupment in damages on account of a private wrong 
 done the employe, but solely because the employe, being 
 a victim of a prevalent evil, is to be protected by the 
 state as a member of a class of society. The right, in- 
 deed, i$ in one respect akin to the right of a landowner 
 in an eminent domain suit to compensation due him in 
 lieu of his property appropriated. In the present in- 
 stance the employe's chose in action against his employer 
 for a person wrong suffered is taken from him, and in 
 lieu of which he is paid a benefit for the appropriation 
 of such right. Under such circumstances, even though 
 a controversy arising over the payment of a fund take 
 judicial form, we think it within the power of the gov- 
 ernment to determine the character of the remedy." 50 
 
 4 Northwestern Imp. Co. v. Cunningham, Mont , 119 Pac. 
 554, citing Montana Co. v. St. Louis Min. Co., 152 U. S. 160. 
 
 oo Brief on Power of Congress in respect of Industrial Insurance
 
 2O3 LEGAL BASIS OF LAWS. 99 
 
 99. Whether act may be optional. It is well set- 
 tled by the decisions of the Supreme Court of the United 
 States that if an act mandatory in form can be constitu- 
 tional, it will likewise be constitutional if it is voluntary 
 in form. 51 
 
 This conclusion was reached in the bank deposit 
 guarantee fund cases which came to the court from the 
 states of Oklahoma, Nebraska and Kansas. The law 
 of the latter state was voluntary in form in certain of its 
 vital features. The laws of the former were obligatory 
 in form. Speaking of these differences Mr. Justice 
 Holmes said: 
 
 "The most important of these is that contribution to 
 the fund is not absolutely required. On this ground it 
 is said, and was thought by the Circuit Judge, that the 
 law could not be justified under the police power. We 
 cannot agree to such a limitation. If, as we have de- 
 cided, the law might compel the contribution on the 
 grounds that we have stated, it may try to bring about 
 the same result by the creation of motives less compul- 
 sory than command and of disadvantages in holding 
 aloof less peremptory than an immediate stop. We 
 shall not go through the details of minute criticism 
 urged by the appellants, in most if not all of which they 
 are in no way concerned. 
 
 "Perhaps the most striking of these subordinate mat- 
 ters is the preference of ordinary depositors over other 
 creditors, a preference that seems to be overstated by 
 the appellants. 
 
 "This, obviously, is in aid of what we have assumed 
 
 and the Law of Workmen's Compensation, p. 137, citing McElrath 
 v. United States, 102 U. S. 426, 26 L. ed. 189; Guthrie Nat. Bank v. 
 Guthrie, 173 U. S. 534, 43 L. ed. 798, 19 Sup. Ct. 513. 
 
 51 Noble State Bank v. Haskell, 219 U. S. 104, 31 S. Ct 186, 299 ; 
 Shallenberger v. First State Bank, 219 U. S. 114, 31 S. Ot. 189; 
 Assaria State Bank v. Dolley, 219 U. S. 121, 31 S. Ct. 189.
 
 99 WORKMEN'S COMPENSATION AND INSURANCE. 204 
 
 to be the one of the chief objects and justifications of 
 such laws, securing the currency of checks. The ordi- 
 nary deposits are those that are drawn against in that 
 way." 52 
 
 62 Assaria State Bank v. Dolley, 219 U. S. 121, 31 S. Ct. 189.
 
 CHAPTER IX. 
 
 SUMMARY OF FOREIGN COMPENSATION LAWS. 
 
 Sec. Sec. 
 
 100. Outline of foreign work- 113. Luxenburg schedule. 
 
 men's compensation laws. 114. Netherlands schedule. 
 
 101. Austrian schedule. 115. New Zealand schedule. 
 
 102. Belgian schedule. 116. Norwegian schedule of 
 
 103. British Columbia schedule. compensation and scope of 
 
 104. Cape of Good Hope sched- act. 
 
 ule. 117. Queensland schedule of 
 
 105. Denmark schedule. compensation and scope 
 
 106. Finland schedule. of act. 
 
 107. French schedule. 118. Russian schedule. 
 
 108. German schedule of com- 119. South Australian schedule. 
 
 pensation and scope of act. 120. Swedish schedule. 
 
 109. Great Britain schedule. 121. Spanish schedule. 
 
 110. Greek schedule of compen- 122. West Australia schedule of 
 
 sation and scope of act. compensation and scope of 
 
 111. Hungarian schedule. act. 
 
 112. Italian schedule. 
 
 100. Outline of foreign workmen's compensation 
 
 laws. 1 By the term "workmen's compensation laws" are 
 meant enactments which embody the principle that the 
 workman is entitled to compensation for injuries re- 
 ceived in the course of his employment. Such laws 
 have been enacted in twenty-two foreign States. 
 
 Usually the injuries must cause disablement for a 
 specified number of days or weeks before compensation 
 becomes due. The employer may usually be relieved 
 from the payment of compensation if he can prove that 
 the injury was caused intentionally or by wilful miscon- 
 duct, or in some countries by the gross negligence of the 
 injured person or during the performance of an illegal 
 act. 
 
 The industries usually covered by the acts are manu- 
 facturing, mining and quarrying, transportation, build- 
 
 i The sources of this chapter are found in the 24th annual report 
 of the Department of Commerce and Labor. [AUTHOR.] 
 
 205
 
 ioo WORKMEN'S COMPENSATION AND INSURANCE. 206 
 
 ing and engineering work, and other employments in- 
 volving more or less hazard. In Belgium, France, and 
 Great Britain the laws apply to practically all employ- 
 ments. In Austria, Belgium, Denmark, Finland, Ger- 
 many, Italy, Luxemburg, Netherlands, Norway, Russia, 
 Spain, and Sweden, only workmen engaged in actual 
 manual work, and in some cases those exposed to the 
 same risks, such as overseers and technical experts, 
 come within the operations of the law. On the other 
 hand, in France, Great Britain, the British colonies, and 
 Hungary, the laws apply to salaried employes and work- 
 men equally. Overseers and technical experts earning 
 more than a prescribed amount are excluded in Belgium, 
 Denmark, Germany, Great Britain, Italy, Luxemburg, 
 and Russia. Employes of the state, provincial, and local 
 administrations usually come within the provisions of 
 the acts. 
 
 The entire burden rests upon the employer in all but 
 five countries, Austria, Germany, Great Britain (since 
 the enactment of the David Lloyd George Insurance 
 Laws against sickness, invalidity and old age and out of 
 work), Hungary, and Luxemburg, where the employes 
 bear part of the expense. The laws in every case fix the 
 compensation to be paid. Except in Sweden the com- 
 pensation is based upon the wages of the injured person. 
 It consists of medical and surgical treatment and period- 
 ical allowances for temporary disability, and annual pen- 
 sions or lump-sum payments for permanent disability or 
 death. 
 
 In most countries employers may contract with state 
 or private insurance institutions for meeting the pay- 
 ments. In a number of countries such transfer is obliga- 
 tory. Provision is usually made for the protection* of 
 beneficiaries in case of insolvency of employers. 
 
 The acts of nearly all of the countries are framed 
 with the view of obviating the necessity for instituting 
 legal proceedings. If disputes arise, the acts specify the
 
 2O7 SUMMARY OF FOREIGN LAWS. IOI 
 
 necessary procedure for settlement by special arbitration 
 tribunals or by ordinary law courts. 
 
 The following summary gives the most important 
 features of the workmen's compensation acts of all 
 countries : 
 
 101. Austrian schedule. Date of enactment. 
 December 28, 1887, in effect November 1, 1889, Amen- 
 datory acts, March 30, 1888, April 4 and July 28, 1889, 
 January 17, 1890, December 30, 1891, September 17, 
 1892, July 20, 1894, and July 12, 1902. 
 
 Injuries compensated. All injuries causing death or 
 disability for more than three days received in the course 
 of employment, unless caused intentionally. 
 
 Industries covered. Mining, quarrying, stonecut- 
 ting, manufacturing, building trades, railways, trans- 
 portation on inland waters, storage, theaters, chimney 
 sweeping, street cleaning, building cleaning, sewer 
 cleaning, dredging, well digging, structural iron work- 
 ing, etc. ; agricultural and forestry establishments using 
 machinery. 
 
 Persons compensated. All workmen and technical 
 officials regularly employed, but in agriculture and for- 
 estry only employes exposed to machinery. 
 
 Government employes. Act applies to government 
 employes unless an equal or more favorable compensa- 
 tion is provided by other laws. 
 
 Burden of payment. Medical and surgical treat- 
 ment for twenty weeks and compensation for four weeks 
 of disability paid by sick funds, to which employers con- 
 tribute one-third and employes two-thirds. Compensa- 
 tion for disability after fourth week, and for death, paid 
 by territorial insurance associations, to which employes 
 contribute 10 per cent and employers 90 per cent. 
 
 Compensation for death: 
 
 (a) Funeral expenses not to exceed 25 florins 
 ($10.15).
 
 ioi WORKMEN'S COMPENSATION AND INSURANCE. 208 
 
 (b) Pensions to members of family, not to ex- 
 ceed 50 per cent of earnings of deceased, 
 
 [Widow, 20 per cent until death or remar- 
 riage; in the latter case a lump sum equal 
 to three annual payments; to dependent 
 widower, 20 per cent during disability. 
 
 Each legitimate child, 15 years of age or 
 under, 15 per cent when one parent sur- 
 vives and 20 per cent when neither sur- 
 vives; to each illegitimate child, 15 years 
 of age or under, 10 per cent; pensions of 
 widow (or widower) and children reduced 
 proportionately if they aggregate over 50 
 per cent. 
 
 (c) When pensions to above heirs do not reach 
 
 50 per cent, dependent heirs in ascending 
 line receive pensions, not to exceed 20 per 
 cent of earnings of deceased, parents tak- 
 ing precedence over grandparents. 
 
 (d) In computing pensions, the excess of the an- 
 
 nual earnings over 1,200 florins ($487.20) 
 is not considered. 
 
 Compensation for disability: 
 
 (a) Medical and surgical attendance for twenty 
 
 weeks, paid by sick benefit fund. 
 
 (b) For total temporary or permanent disability, 
 
 60 per cent of average daily wages of in- 
 sured workmen in the locality, paid by 
 sick benefit funds, from first to twenty- 
 eighth day; and 60 per cent of average an- 
 nual earnings of injured person, after 
 twenty-eighth day, paid by territorial ac- 
 cident insurance institutions. 
 
 (c) For partial temporary or permanent disabil- 
 
 ity, benefits consist of a portion of above
 
 2O9 SUMMARY OF FOREIGN LAWS. IO2 
 
 allowance, but may not exceed 50 per cent 
 of average annual earnings. 
 
 '(d) In computing payments the excess of annual 
 earnings over 1,200 florins ($487.20) is not 
 considered. 
 
 Revision of compensation. Reconsideration of the 
 case may be undertaken by the insurance association of 
 its own will, or upon petition. 
 
 Insurance. Payments are met by mutual insurance 
 associations of employers, in which all employes are re- 
 quired to be insured. The country is divided into dis- 
 tricts, with a separate association for each district. 
 
 Security of payments. Operations of the insurance 
 associations are conducted under the supervision of the 
 minister of interior, who may increase the assessments. 
 Settlement of disputes. Disputes are settled by 
 arbitration courts composed of a judicial officer ap- 
 pointed by the minister of justice, two experts appointed 
 by the minister of the interior, and one representative 
 each of the employers and employes. 
 
 102. Belgian schedule. Date of enactment. De- 
 cember 24, 1903, in effect July 1, 1905. 
 
 Injuries compensated. All injuries by accident to 
 employes in the course of and by reason of the execution 
 of the labor contract, causing death or disability for over 
 one week, unless intentionally brought on by the person 
 injured. 
 
 Industries covered. Practically all establishments in 
 mining, quarrying, forestry work, manufacturing, build- 
 ing and engineering work, transportation, and telephone 
 and telegraph services; establishments using mechanical 
 motive power; industrial establishments employing five 
 or more persons ; agricultural and commercial establish- 
 ments employing three or more persons; industries 
 designated by royal decree as dangerous. Other in- 
 dustries at option of employer. 
 
 14 BOTD W C
 
 IO2 WORKMEN'S COMPENSATION AND INSURANCE. 210 
 
 Persons compensated. Workmen and apprentices, 
 and salaried employes exposed to the same risks as 
 workmen whose annual salaries do not exceed 2,400 
 francs ($463.20). 
 
 Government employes. Act covers employes of any 
 public establishment engaged in industries enumerated 
 above. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) Funeral benefit of 75 francs ($14.48). 
 
 (b) A sum representing value of an annuity of 
 
 30 per cent of annual earnings of deceased, 
 calculated upon basis of his age at death, 
 to be distributed to 
 
 Dependent widow or widower, whole amount 
 if no other heirs, four-fifths if one child 
 under 16 years of age or one or more de- 
 pendent heirs, three-fifths if two or more 
 children. 
 
 Children under 16 years of age, the residue. 
 
 Dependent heirs in ascending line and 
 descending line under 16 years of age, in 
 absence of widow or widower or children 
 under 16 years of age. 
 
 Dependent brothers and sisters under 16 
 years of age in absence of heirs above 
 enumerated. 
 
 (c) Allowances in case of annual wages of 2,400 
 
 francs ($463.20) or more, or of 365 francs 
 ($70.45) or less, are based upon these 
 amounts, respectively. 
 
 (d) Payments to widow and heirs in ascending 
 
 line are converted into life pensions, those 
 to other heirs into pensions expiring at age 
 of 16 years. Heirs may require one-third
 
 211 SUMMARY OF FOREIGN LAWS. IO2 
 
 of capital value of life pensions to be paid 
 in cash and pension reduced accordingly. 
 Compensation for disability: 
 
 (a) Expense of medical and surgical treatment 
 
 for not over six months. 
 
 (b) If totally disabled, an allowance of 50 per 
 
 cent of daily wages, beginning with day 
 after accident. 
 
 (c) If partially disabled, an allowance of 50 per 
 
 cent of loss of earning power, beginning 
 with day after accident. 
 
 '(d) If, after three years, disability is permanent, 
 temporary allowance is replaced by life an- 
 nuity. Victim may require one-third of 
 capital value of pension to be paid in cash 
 and pension reduced accordingly. 
 (e) Allowances in case of annual wages of 2,400 
 francs ($463.20) or more, or of 365 francs 
 ($70.45) or less, are based upon these 
 amounts, respectively. 
 
 Revision of compensation. Revision of compensa- 
 tion because of aggravation or diminution of disability, 
 or death of victim, may be made within three years. 
 
 Insurance. Employers may transfer burden of pay- 
 ment of compensation to establishment funds or ap- 
 proved insurance companies or to general savings and 
 retirement fund. They may also transfer burden of 
 payment of temporary allowances to mutual aid soci- 
 eties. 
 
 Security of payments. Employers who have not re- 
 lieved themselves of liability by insurance must make 
 deposits of cash or securities or give real estate mort- 
 gages to secure pension payments. To secure tempor- 
 ary disability payments of uninsured employers a State 
 guaranty fund is maintained by a tax levied upon such 
 employers. 
 
 Settlement of disputes. The local justice of the
 
 IO3 WORKMEN'S COMPENSATION AND INSURANCE. 212 
 
 peace has sole jurisdiction as a court of first resort over 
 disputes arising under the act, and his judgment is final 
 in all cases involving 300 francs ($57.90) or less. 
 
 103. British Columbia schedule. Date of enact- 
 ment .June 21, 1902, in effect May 1, 1903. 
 
 Injuries compensated. Injuries by accident arising 
 out of and in the course of the employment which cause 
 death or disable a workman for at least two weeks from 
 earning full wages at the work at which he was em- 
 ployed, unless the injury is "attributable solely to the 
 serious and wilful misconduct or serious neglect" of the 
 injured workman. 
 
 Industries covered. Railways, factories, mines, 
 quarries, engineering work, and buildings which exceed 
 40 feet in height and are being constructed or repaired 
 by means of a scaffolding or being demolished, or on 
 which machinery driven by mechanical power is used for 
 construction, repair, or demolition. 
 
 Persons compensated. All persons engaged in man- 
 ual labor or otherwise. 
 
 Government employes. Act applies to civilian em- 
 ployes in the service of the Crown, to whom it would 
 apply if the employer were a private person. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but not 
 
 less than $1,000 nor more than $1,500, to 
 those wholly dependent on earnings of de- 
 ceased. 
 
 (b) A sum less than above amount if workman 
 
 leaves persons partially dependent on his 
 earnings, the amount to be agreed upon 
 by the parties or to be fixed by arbitration. 
 
 (c) Reasonable expenses of medical attendance 
 
 and burial, not exceeding $100, if deceased 
 leaves no dependents.
 
 213 SUMMARY OF FOREIGN LAWS. 103 
 
 Compensation for disability: 
 
 (a) A weekly payment during disability after 
 
 second week, not exceeding 50 per cent of 
 employe's average weekly earnings during 
 the previous twelve months, such weekly 
 payments not to exceed $10, and total lia- 
 bility not to exceed $1,500. 
 
 (b) A weekly payment during partial disability 
 
 after second week to be fixed with regard 
 to the difference between employe's aver- 
 age weekly earnings before the accident 
 and average weekly amount which he is 
 earning or able to earn after the injury. 
 '(c) A lump sum may be substituted for the 
 weekly payments, after six months, on the 
 application of the employer, the amount to 
 be settled, in default of agreement, by arbi- 
 tration under the act. 
 
 Revision of compensation. Weekly payments may 
 be revised at request of either party. 
 
 Insurance. Employers may contract with their em- 
 ployes for the substitution of a scheme of compensation, 
 benefit, or insurance in place of the provisions of the 
 act if the attorney-general certifies that the scheme is 
 on the whole not less favorable to the general body of 
 employes and their dependents than the provisions of 
 the act. In such case the employer is liable only in ac- 
 cordance with this scheme. 
 
 Security of payments. When an employer becomes 
 liable under the act to pay compensation and is entitled 
 to any sum from insurers on account of the amount due 
 to a workman under such liability, then in the event of 
 the employer becoming bankrupt, such workman has a 
 first claim upon the amount so due, and a judge of the 
 supreme court may direct the insurers to pay such sum 
 into any chartered bank of Canada to be invested or 
 applied to payment of compensation.
 
 IO4 WORKMEN'S COMPENSATION AND INSURANCE. 214 
 
 Settlement of disputes. Disputes arising under the 
 act are settled by arbitration of existing committees 
 representative of employers and employes, or if either 
 party objects, by a single arbitrator agreed upon by the 
 parties, or, in the absence of agreement, by an arbitrator 
 appointed by a judge of the supreme court. An arbi- 
 trator appointed by a judge of the supreme court has all 
 the power of a judge of the supreme court. Questions 
 of law may be submitted by the arbitrator for the deci- 
 sion of a judge of the supreme court. 
 
 104. Cape of Good Hope schedule. Date of en- 
 actment. June 6, 1905, in effect September 1, 1905. 
 
 Injuries compensated. All injuries to employes 
 arising out of and in the course of the employment caus- 
 ing death or necessitating absence from work for more 
 than three days and not being caused by or through the 
 gross carelessness of the injured employe. 
 
 Industries covered. Any trade, business, or public 
 undertaking, on land or upon or within the territorial 
 waters of the colony, except domestic, messenger, or 
 errand service or employment in agriculture. 
 
 Persons compensated. Employes, whether engaged 
 in manual work or otherwise. 
 
 Government employes. Act applies to civilian per- 
 sons employed by or under the Crown to whom it would 
 apply if employer were a private person. 
 
 Burden of payment. Employer and every principal 
 are jointly and severally liable for the compensations re- 
 quired under the act. 
 
 Compensation for death. When death results from 
 an injury for which a lump sum has not already been 
 paid on account of permanent disability 
 
 (a) A lump sum not exceeding three years' 
 wages of deceased, nor more than 400 
 ($1,946.60), to those wholly dependent 
 upon the workman's earnings.
 
 215 SUMMARY OF FOREIGN LAWS. IO4 
 
 (b) A lump sum not exceeding 200 ($973.30), 
 
 to those partially dependent upon the 
 workman's earnings ; in the absence of per- 
 sons totally dependent, the sum not to ex- 
 ceed the value of the support which they 
 were receiving from the deceased, calcu- 
 lated for two years. 
 
 (c) Temporary payments previously made not 
 
 to be deducted from above sums unless 
 they have continued longer than three 
 months. 
 
 (d) Reasonable expenses of medical attendance 
 
 and burial not exceeding 40 ($194.66) 
 in case deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A sum not exceeding three years' wages, less 
 
 any payments received under a provisional 
 order of court, but not exceeding 600 
 ($2,919.90) in case of permanent total dis- 
 ability, and a smaller sum in proportion to 
 loss of earning power and not exceeding 
 300 ($1,459.95) in case of permanent 
 partial disability. 
 
 (b) A payment made, by order of the local magi- 
 
 strate, at the same intervals as the custom- 
 ary wage payments, not exceeding 50 per 
 cent of wages received at time of the in- 
 jury, nor 2 ($9.73) per week if the in- 
 jury causes temporary disability lasting 
 more than three days. 
 
 Revision of compensation. The provisional order 
 may be set aside or altered by the magistrate, upon re- 
 quest of either party, if justified by a further examina- 
 tion of the injured person or by production of additional 
 evidence. 
 
 Insurance. Employers may insure in a company or 
 association against personal injury to the workmen em-
 
 IO5 WORKMEN'S COMPENSATION AND INSURANCE. 216 
 
 ployed by them or in their behalf. If the employer con- 
 tributes toward a benefit society of which the injured 
 or deceased person is a member, allowance is made for 
 such contribution by the court in its order or judgment 
 fixing amount of compensation to be paid. 
 
 Security of payments. When an employer or prin- 
 cipal is adjudged or admits liability under the act and 
 is entitled to any sum from any insurers on account of 
 such liability, then, in the event the employer becomes 
 insolvent, the worker or his dependents have a first 
 claim upon such sum. 
 
 Settlement of disputes. Compensation in cases of 
 disability is fixed provisionally for not more than six 
 months by the local magistrate after receiving a phy- 
 sician's certificate of disability and holding an inquiry. 
 No appeal can be taken from this preliminary order ex- 
 cept against a finding on the question of gross careless- 
 ness and then only upon leave granted by the superior 
 court. In case the injury results in death or permanent 
 disability, the claimants have a right of action in the 
 local magistrate's court for the amounts due under the 
 law. In fixing the amount, the court is required in 
 every case to have regard to the workman's or the de- 
 pendent's necessities. 
 
 105. Denmark schedule. Date of enactment. 
 January 7, 1898, in effect January 15, 1899; amended 
 May 15, 1903. 
 
 Injuries compensated. All injuries by accident oc- 
 casioned by the trade or its conditions, and causing 
 either death or disability lasting over thirteen weeks, 
 unless brought on intentionally or through gross negli- 
 gence of the victim. 
 
 Industries covered. Practically all establishments in 
 mining, quarrying, manufactures, building and engi- 
 neering work, transportation, telephone and telegraph 
 services, diving and salvage; establishments using
 
 217 SUMMARY OF FOREIGN LAWS. 105 
 
 mechanical power which makes them subject to factory 
 inspection; other industrial establishments designated 
 by the minister of interior. 
 
 Persons compensated. All workmen in mechanical 
 and technical departments, including those in supervis- 
 ory capacity whose annual earnings do not exceed 2,400 
 crowns ($643.20). 
 
 Government employes. Act applies to all employes 
 of state and the communal governments in industries 
 above indicated. 
 
 Burden of payment. Entire burden of payment rests 
 upon employer. 
 
 Compensation for death: 
 
 (a) Funeral benefit of 50 crowns ($13.40). 
 
 (b) A lump sum equal to four times annual earn- 
 
 ings of deceased, but not over 3,200 crowns 
 
 ($857.60) nor less than 1,200 crowns 
 
 ($321.60), to 
 
 Widow, whole amount, if she survives. 
 Child, whole amount, if it be the only heir. 
 Children, according to decision of insurance 
 
 council, when there is no widow. 
 If neither widow nor children, insurance 
 
 council decides whether and how far other 
 
 heirs receive compensation. 
 Compensation for disability: 
 
 (a) From end of thirteenth week after accident 
 
 until end of treatment, or until disability 
 is declared permanent, a daily compensa- 
 tion of 60 per cent of earnings, but not 
 less than 1 crown (27 cents) nor over 2 
 crowns (54 cents) for total disability, and 
 a proportionate compensation for partial 
 disability. 
 
 (b) In case of permanent disability an indem- 
 
 nity of six times annual earnings, but not 
 less than 1,800 crowns ($482.40) nor over
 
 io6 WORKMEN'S COMPENSATION AND INSURANCE. 218 
 
 4,800 crowns ($1,286.40) for total perma- 
 nent disability, and proportionate pay- 
 ments for partial permanent disability, 
 (c) If employe suffering from permanent dis- 
 ability is a male between 30 and 55 years 
 of age, he may demand purchase of an 
 annuity. For men of other ages, or of 
 unsound mind, or women and children, 
 the insurance council may substitute an 
 annuity. 
 
 Revision of compensation. Determination of de- 
 gree of permanent disability must be made as soon as 
 possible after one year from date of injury. If this be 
 not possible, a temporary determination may be made, 
 but a redetermination may be demanded within two 
 years following. 
 
 Insurance. Employers may transfer obligation im- 
 posed by the law, by insuring their employes in author- 
 ized insurance companies or mutual employers' insur- 
 ance associations. 
 
 Security of payments. Where liability under the 
 law has not been transferred by insurance indemnity 
 for disability is a preferred claim upon assets of em- 
 ployer. 
 
 Settlement of disputes. Disputes concerning com- 
 pensation, unless settled by mutual consent, must be 
 referred to insurance council. Appeals may be had to 
 the minister of interior. 
 
 106. Finland schedule. 
 
 Date of enactment. December 5, 1895, in effect 
 January 1, 1898. 
 
 Injuries compensated. All injuries by accident dur- 
 ing work, causing death or disability for more than six 
 days, except when brought on intentionally or through 
 gross negligence of victim, intentionally by any other 
 person than the one charged with supervision of the
 
 219 SUMMARY OF FOREIGN LAWS. 'IO6 
 
 work, or caused by some other occurrence utterly in- 
 dependent of the nature of conditions of work. 
 
 Industries covered. Mines, quarries, metallurgical 
 establishments, factories, sawmills, industrial establish- 
 ments using mechanical power, construction of churches 
 and buildings over one story high; construction and 
 operation of water, gas, electric power plants, and oper- 
 ation of railroads. 
 
 Persons compensated. All persons actually em- 
 ployed at work, but not those supervising only. 
 
 Government employes. Act applies to employment 
 on the state and communal construction works and state 
 railways. 
 
 Burden of payment. Entire burden of payment 
 rests upon employer. 
 
 Compensation for death. In addition to any prior 
 payments on account of disability, pensions to depend- 
 ent heirs, from day of death, not exceeding 40 per cent 
 of annual earnings of deceased, to 
 
 (a) Widow, 20 per cent until death or remar- 
 
 riage; in latter case a final sum equal to 
 two annual payments. 
 
 (b) Each child until the age of 15 years, 10 per 
 
 cent if one parent survives, and 20 per 
 cent if neither parent survives. 
 
 (c) In computing pensions, earnings of work- 
 
 man to be considered not over 720 marks 
 ($138.96) nor under 300 marks ($57.90) ; 
 but no adult employe to receive a pension 
 greater than his actual earnings. 
 Compensation for disability: 
 
 (a) A pension equal to 60 per cent of employe's 
 earnings for total disability, or a pension 
 proportionate to the degree of incapacity 
 for partial disability, to be paid from day 
 of recovery from illness due to injury, or 
 after 120 days have elapsed since injury.
 
 io6 WORKMEN'S COMPENSATION AND INSURANCE. 220 
 
 (b) Pension may by mutual consent be re- 
 
 placed by single payment, if it does not 
 exceed 20 marks ($3.86) annually. 
 
 (c) In computing pension, earnings of work- 
 
 man to be considered not over 720 marks 
 ($138.96) nor under 300 marks ($57.90) ; 
 but no adult employe to receive a pension 
 greater than his actual earnings. 
 
 (d) In cases of temporary disability (including 
 
 all cases of disability for 120 days after in- 
 jury) daily compensation of 60 per cent of 
 earnings, beginning with seventh day af- 
 ter accident, for complete temporary dis- 
 ability, and a proportionate compensation 
 for partial disability; but not more than 
 2.50 marks (48 cents) per diem. 
 r (e) Until recovery, injured employe may be 
 given treatment in a hospital in lieu of 
 other compensation; during such treat- 
 ment his wife and children get a compen- 
 / sation equal to pension in case of death. 
 
 Revision of compensation. Demands for revision 
 of compensation may be made by either party before 
 proper court. 
 
 Insurance. Employers are required to transfer the 
 burden of payment of compensation to a governmental 
 insurance office, private insurance company, mutual em- 
 ployers' insurance association, or approved foreign in- 
 surance company, unless unable to obtain such insur- 
 , ance or released from this obligation on presentation of 
 satisfactory guarantees. 
 
 Security of payments. When exempted from the 
 duty of insuring his employes, or unable to obtain in- 
 surance, the employer must guarantee payment of pen- 
 sion to the injured workman or his family by arrange- 
 ment with a private insurance company.
 
 221 SUMMARY OF FOREIGN LAWS. lO/ 
 
 Settlement of disputes. In case of absence of insur- 
 ance or dissatisfaction with decision of insurance com- 
 pany, injured employe or his dependent may carry the 
 case into the inferior court of the locality. 
 
 107. French schedule. 
 
 Date of enactment. April 9, 1898, in effect July 1, 
 1899; amendatory and supplementary acts March 22, 
 1902; March 31, 1905; April 12, 1906, and July 17, 1907. 
 
 Injuries compensated. All injuries by accident to 
 workmen or salaried employes during or on account of 
 labor causing death or disability for five or more days, 
 unless produced intentionally by the victim. If due to 
 inexcusable fault of victim or of employer, compensa- 
 tion may by a court order be decreased or increased, but 
 not exceeding actual earnings of victim. 
 
 Industries covered. Building trades, factories, 
 workshops, shipyards, transportation by land and water, 
 public warehouses, mining and quarrying, manufacture 
 or handling of explosives, agricultural and other work 
 using mechanical power, and mercantile establishments ; 
 other industries on request of both parties. 
 
 Persons compensated. All workmen and salaried 
 employes. 
 
 Government employes. Law applies to state, de- 
 partmental, and communal establishments when en- 
 gaged in industries enumerated above. 
 
 Burden of payment. Entire cost of compensation 
 falls upon employer. 
 
 Compensation for death: 
 
 (a) Funeral expenses not exceeding 100 francs 
 
 ($19.30). 
 
 (b) Pensions to dependent heirs not exceeding 
 
 60 per cent of annual wages of deceased, 
 distributed to 
 Widow or widower, 20 per cent until death
 
 107 WORKMEN'S COMPENSATION AND INSURANCE. 222 
 
 or remarriage, in which latter case a final 
 sum equal to three annual payments. 
 
 Children under 16 years of age, if one parent 
 survives 15 per cent if there is but one 
 child ; 25 per cent if there are two children ; 
 35 per cent if there are three children; 40 
 per cent if there are four or more children. 
 
 Each child under 16 years of age if neither 
 parent survives, 20 per cent. 
 
 Each ascendant and each descendant under 
 16 years of age dependent upon deceased, 
 if no widow or children survive, 10 per 
 cent, the aggregate not to exceed 30 per 
 cent. 
 
 (c) If annual wages exceed 2,400 francs 
 (463.20), only one-fourth of the excess is 
 considered in computing pensions. 
 Compensation for disability: 
 
 (a) Expenses of medical or surgical treatment. 
 
 (b) If permanently disabled, a pension of 66 2-3 
 
 per cent of annual wages for total disabil- 
 ity and of one-half loss of earning capacity 
 for partial disability; or, if demanded, one- 
 fourth capital value of pension in cash, the 
 pension to be reduced accordingly. 
 
 (c) If temporarily disabled, an allowance of 50 
 
 per cent of daily wages, beginning with 
 fifth day, and including Sundays and holi- 
 days, unless disability lasts more than ten 
 days, when payments become due from 
 the first day. 
 
 (d) If annual wages exceed 2,400 francs 
 
 ($463.20), only one-fourth of the excess is 
 considered in computing pensions. 
 
 (e) Payments of pensions of not over 100 
 
 francs ($19.30) per annum may, by mu-
 
 223 SUMMARY OF FOREIGN LAWS. IO8 
 
 tual consent when beneficiary is of age, be 
 replaced by a cash payment. 
 
 Revision of compensation. Revision of compensa- 
 tion because of aggravation or diminution of disability 
 of victim may be made within three years. 
 
 Insurance. Employers may transfer burden of 
 payment of compensation to approved mutual aid, acci- 
 dent insurance, or guaranty association, or, in ease of 
 pensions, to national accident insurance or national old- 
 age pension funds. 
 
 Security of payments. The state guarantees against 
 loss of pension payments on account of insolvency of 
 employers or insurance organizations, and is reimbursed 
 by a special tax on employers within scope of the act. 
 For temporary disability payments, medicines, and 
 medical or surgical attendance, and funeral expenses of 
 the victim, his creditors or representatives have a pre- 
 ferred claim on property of employer. 
 
 Settlement of disputes. Disputes as to pensions or 
 involving more than 300 francs ($57.90) may be carried 
 into higher civil courts. Judgments of local justice of 
 the peace is final in other cases. 
 
 108. German schedule of compensation and 
 scope of act. 
 
 Date of enactment. July 6, 1884, in effect October 
 1, 1885. Supplementary acts May 28, 1885; May 5, 
 1886; July 11 and 13, 1887. A codification enacted June 
 30, 1900 and July 19, 1911. 
 
 Injuries compensated. Injuries by accident in the 
 course of the employment, causing death or disability 
 for more than three days, unless caused intentionally. 
 Compensation may be refused or reduced if injury was 
 received while committing an illegal act. 
 
 Industries covered. Mining, salt works, quarrying 
 and allied industries, ship yards, factories, smelting 
 works, building trades, chimney sweeping, window
 
 io8 WORKMEN'S COMPENSATION AND INSURANCE. 224 
 
 cleaning, butchering, transportation and handling, agri- 
 culture, forestry, and fisheries. 
 
 Persons compensated. All workmen, and those 
 technical officials whose annual earnings are less than 
 3,000 marks ($714). With the approval of the Imperial 
 Insurance Office the law may be extended to other 
 classes. 
 
 Government employes. Act covers government em- 
 ployes in postal, telegraph, and railway services and in 
 industrial enterprises of army and navy, unless other- 
 wise provided for. 
 
 Burden of payment. Medical and surgical treat- 
 ment for ninety-one days and benefit payments from 
 third to ninety-first days are provided by sick-benefit 
 funds, to which employers contribute one-third and em- 
 ployes two-thirds ; from twenty-eighth to ninety-first day 
 payments are increased by one-third at expense of em- 
 ployer in whose establishment accident occurred; after 
 ninety-first day and in case of death from injuries ex- 
 pense is borne by employers' associations supported by 
 contribution of employers. 
 
 Compensation for death: 
 
 (a) Funeral benefits of one-fifteenth of annual 
 
 earnings of deceased, but not less than 50 
 marks ($11.90). 
 
 (b) Pensions to dependent heirs not exceeding 
 
 60 per cent of annual earnings of the de- 
 ceased, as follows: Widow, 20 per cent 
 of annual earnings until death or remar- 
 riage; in latter case a final sum equal to 
 three annual payments ; dependent widow- 
 er, 20 per cent of annual earnings; each 
 child 15 years of age or under, 20 per cent; 
 payments to consort and to children to be 
 reduced proportionately, if the total would 
 exceed 60 per cent; dependent heirs in 
 ascending line, 20 per cent or less, if there
 
 225 SUMMARY OF FOREIGN LAWS. IO8 
 
 is a residue after providing for above 
 heirs; orphan grandchildren, 20 per cent 
 or less, if there is a residue after providing 
 for above heirs. 
 
 (c) If annual earnings exceed 1,500 marks 
 ($357), only one-third of excess is consid- 
 ered in computing pensions. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment paid 
 
 first thirteen weeks by sick-benefit funds, 
 and afterwards by employers' associations. 
 
 (b) For temporary or permanent total disabil- 
 
 ity, 50 per cent of daily wages of persons 
 similarly employed, but not exceeding 3 
 marks (71 cents), paid by sick-benefit 
 funds from third day to end of fourth 
 week; from fifth to end of thirteenth week, 
 above allowance by sick-benefit fund plus 
 16 2-3 per cent contributed by employer 
 direct; after thirteen weeks, 66 2-3 per 
 cent of average annual earnings of injured 
 person paid by employers' associations. 
 
 (c) For complete helplessness, necessitating at- 
 
 tendance, payments may be increased to 
 100 per cent of annual earnings. 
 
 (d) For partial disability, a corresponding re- 
 
 duction in payments. 
 
 (e) If annual earnings exceed 1,500 marks 
 
 ($357), only one-third of excess is con- 
 sidered in computing pensions. 
 
 Revision of payments. Whenever a change in con- ^ 
 dition of injured person occurs a revision of benefits 
 may be made. 
 
 Insurance. Payments are met by mutual insurance 
 associations of employers, in which all employes are re- 
 quired to be insured at the expense of employers. Sep- 
 
 15 BOYDWC
 
 log WORKMEN'S COMPENSATION AND INSURANCE. 226 
 
 arate associations have been organized for each indus- 
 try. 
 
 Security of payments. Solvency of employers' as- 
 sociations is guaranteed by the state. 
 
 Settlement of disputes. Disputes are settled by "ar- 
 bitration courts for workingmen's insurance," composed 
 of one government official, two representatives of work- 
 men, and two of employers. 
 
 109. Great Britain schedule. 
 
 Date of enactment. December 21, 1906, in effect 
 July 1, 1907; replacing acts of August 6, 1897, and July 
 30, 1900. 
 
 Injuries compensated. Injuries by accident arising 
 out of and in the course of employment which cause 
 death or disability a workman for at least one week 
 from earning full wages at the work at which he was 
 employed. Compensation is not paid when injury is due 
 to serious and willful misconduct, unless it results in 
 death or serious and permanent disablement. 
 
 Industries covered. "Any employment." 
 
 Persons compensated. Any person regularly em- 
 ployed for the purposes of the employer's trade or busi- 
 ness whose compensation is less than 250 ($1,216.63) 
 per annum; but persons engaged in manual labor only 
 are not subject to this limitation. 
 
 Government employes. Act applies to civilian per- 
 sons employed under the Crown to whom it would ap- 
 ply if the employer were a private person. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but 
 
 not less than 150 ($729.98) nor more 
 than 300 ($1,459.95), to those entirely 
 dependent on earnings of deceased. 
 
 (b) A sum less than above amount if deceased
 
 227 SUMMARY OF FOREIGN LAWS. IOQ 
 
 leaves persons partially dependent on his 
 earnings, amount to be agreed upon by 
 the parties or fixed by arbitration. 
 
 (c) Reasonable expenses of medical attendance 
 and burial, but not to exceed 10 ($48.67) 
 if deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A weekly payment during incapacity of not 
 more than 30 per cent of employe's aver- 
 age weekly earnings during previous 
 twelve months, but not exceeding 1 
 ($4.87) per week; if incapacity lasts less 
 than two weeks no payment is required for 
 the first week. 
 
 {b) A weekly payment during partial disability, 
 not exceeding the difference between em- 
 ploye's average weekly earnings before 
 injury and average amount which he is 
 earning or is able to earn after injury. 
 
 (c) Minor persons may be allowed full earnings 
 
 during incapacity, but weekly payments 
 may not exceed 10 shillings ($2.43). 
 
 (d) A sum sufficient to purchase a life annuity 
 
 through the Post-office Savings Bank of 
 75 per cent of annual value of weekly pay- 
 ments may be substituted, on application 
 of the employer, for weekly payments after 
 six months; but other arrangements for 
 redemption of weekly payments may be 
 made by agreement between employer and 
 employe. 
 
 Revision of benefits. Weekly payments may be re- 
 vised at request of either party, under regulations is- 
 sued by the secretary of state. 
 
 Insurance. Employers may make contracts with 
 employes for substitution of a scheme of compensation, 
 benefit, or insurance in place of the provisions of the act
 
 no WORKMEN'S COMPENSATION AND INSURANCE. 228 
 
 if the registrar of friendly societies certifies that the 
 scheme is not less favorable to the workmen and their 
 dependents than the provisions of the act, and that a 
 majority of the workmen are favorable to the substi- 
 tute. The employer is then liable only in accordance 
 with the provisions of the scheme. 
 
 Security of payments. In case of employer's bank- 
 ruptcy, the amount of compensation due under the act, 
 up to 100 ($486.65) in any individual case, is classed 
 as a preferred claim ; or where an employer has entered 
 into a contract with insurers in respect of any liability 
 under the act to any workman such rights of the em- 
 ployer, in case he becomes bankrupt, are transferred to 
 and vested in the workman. 
 
 Settlement of disputes. Questions arising under the 
 law are settled either by a committee representative of 
 the employer and his workmen by an arbitrator selected 
 by the two parties, or, if the parties can not agree, by 
 the judge of the county court, who may appoint an arbi- 
 trator to act in his place. 
 
 110. Greek schedule of compensation and scope of 
 act. 
 
 Date of enactment. February 21 (March 6), 1901, 
 in effect (retroactively) December 20, 1900 (January 2, 
 1901). 
 
 Injuries compensated. All injuries by accidents dur- 
 ing or because of the employment and causing death or 
 disability lasting more than four days, unless brought 
 on intentionally by the injured person. 
 
 Industries covered. Mines, quarries, and metallurgi- 
 gical establishments. 
 
 Persons compensated. All workingmen and subor- 
 dinate salaried persons. 
 
 Government employes. No mention of government 
 employes is made in the law. 
 
 Burden of payment. Employer carries full burden
 
 229 SUMMARY OF FOREIGN LAWS. HO 
 
 of payment of indemnities during first three months; 
 after three months, half the payments of pensions are 
 contributed by the miners' fund, which is mainly sup- 
 ported by a tax on the mines and metallurgical estab- 
 lishments, but partly by contributions from the work- 
 ingmen's mutual aid societies in these establishments 
 and some minor sources. 
 Compensation for death : 
 
 (a) If death occurs immediately or within three 
 
 months: (1) Funeral expenses amount- 
 ing to 60 drachmas ($11.58); (2) pensions 
 to heirs aggregating pension paid for total 
 disability. 
 
 (b) If death occurs three months after injury 
 
 or later, pensions to heirs aggregating 75 
 per cent of pension paid during life of the 
 injured. 
 
 (c) All pensions to heirs are distributed as fol- 
 
 lows : Equal share to widow and children, 
 or, in absence of widow and children, equal 
 share to father and mother. 
 
 (d) Pension to widow ceases on her remar- 
 
 riage; to male children at 16 years of age; 
 to female children on their marriage, with 
 payment of one year's pension as a dowry. 
 
 (e) If only one heir survives, he is entitled to 
 
 only one-half of original pension. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment. 
 
 (b) An allowance of 50 per cent of earnings of 
 
 injured employe during first three months. 
 
 (c) If permanently disabled, a pension of 50 
 
 per cent of earnings in case of total dis- 
 ability (including loss of a hand or foot) ; 
 in case of partial disability, a pension of 
 33 1-3 per cent of earnings, pension pay- 
 ments to begin after end of third month.
 
 in WORKMEN'S COMPENSATION AND INSURANCE. 230 
 
 (d) Pension may not exceed 100 drachmas 
 
 ($19.30) per month plus 25 per cent of the 
 excess of computed pension over 100 
 drachmas ($19.30). 
 
 (e) In computing pension of apprentices and 
 
 children, no wage is to be considered less 
 than 2.50 drachmas (48 cents) per day. 
 
 Revision of compensation. Injured employe may 
 present a new petition, or the council of the miners' fund 
 may order a new examination, whenever there is rea- 
 son to believe that changes have occurred in the degree 
 of disability. 
 
 Insurance. No provision is made by the law for the 
 transfer of the burden of payment of compensation by 
 insurance. 
 
 Security of payments. The miners' fund guaran- 
 tees payment of pensions and other allowances, and has 
 preferred claim upon employer's assets in cases of dis- 
 solution or forced sale of establishment, and also in 
 cases of voluntary transfer, unless the new proprietor 
 assumes the obligations under the law. 
 
 Settlement of disputes. Amount of pension is settled 
 by the council of the miners' fund, and appeals against 
 its decisions may be carried into the ordinary courts. 
 
 111. Hungarian schedule. 
 
 Date of enactment. April 9, 1907, in effect July 1, 
 1907. 
 
 Injuries compensated. Injuries by accident in the 
 course of the employment causing death or disability 
 for more than three days. Injuries caused intentionally 
 are not compensated unless fatal. 
 
 Industries covered. All factories subject to inspec- 
 tion, mines, quarries, metallurgical establishments, 
 building trades, lumbering, construction work, ship- 
 building, slaughterhouses, pharmacies, sanatoria, thea- 
 ters, institutes of art and science.
 
 231 SUMMARY OF FOREIGN LAWS. HI 
 
 Persons compensated. All employes in industries 
 enumerated. 
 
 Government employes. Act covers government em- 
 ployes in state, municipal, and communal industries enu- 
 merated above. 
 
 Burden of payment. All benefits and cost of treat- 
 ment for first ten weeks provided by sick funds to which 
 employers and employes contribute equally. Beginning 
 with eleventh week entire cost is defrayed by employ- 
 ers through the accident fund. 
 
 Compensation for death: 
 
 (a) Funeral benefit of twenty times average 
 
 daily wages. 
 
 (b) Pensions to heirs not exceeding 60 per cent 
 
 of annual earnings of deceased, as fol- 
 lows- 
 
 .Widow, 20 per cent of annual earnings until 
 death or remarriage; in latter case a final 
 sum equal to 60 per cent of annual earn- 
 ings ; or to dependent widower 20 per cent 
 during disability. 
 
 Each child 16 years of age or under, 15 per 
 cent if one parent survives, 30 per cent if 
 neither survives; payments to consort and 
 children reduced proportionately if they 
 aggregate more than 60 per cent. 
 
 Dependent parents and grandparents if there 
 is a residue after providing for above heirs, 
 20 per cent or less. 
 
 Dependent orphan grandchildren 15 years of 
 age or under, if there is a residue after pro- 
 viding for above heirs, 20 per cent or less. 
 
 (c) In computing pensions the excess of annual 
 
 earnings above 2,400 crowns ($487.20) is 
 not considered. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment pro-
 
 H2 WORKMEN'S COMPENSATION AND INSURANCE. 232 
 
 vided first ten weeks by sick fund, and af- 
 terwards by accident fund. 
 
 (b) For temporary or permanent total disabil- 
 
 ity, 50 per cent of average daily wages but 
 not exceeding 4 crowns (81 cents) for first 
 ten weeks, provided by sick fund; begin- 
 ning with eleventh week, 60 per cent of 
 average annual earnings, provided by ac- 
 cident fund. 
 
 (c) For complete helplessness necessitating at- 
 
 tendance payments may be increased to 
 100 per cent of annual earnings. 
 
 (d) For partial disability a corresponding por- 
 
 tion of full pension. 
 
 (e) In computing pensions the excess of annual 
 
 earnings above 2,400 crowns ($487.20) is 
 not considered. 
 
 Revision of compensation. Whenever a change in 
 condition of injured person occurs the accident fund or 
 the injured person may ask for a revision of the benefits. 
 
 Insurance. Payments are met by a state insurance 
 institution, in which all employes are required to be in- 
 sured at the expense of employers. 
 
 Security of payment. Guaranteed by the state. 
 
 Settlement of disputes. Disputes are settled by ar- 
 bitration courts^ consisting of a presiding judge and an 
 equal number of representatives of workmen and em- 
 ployers. 
 
 112. Italian schedule. 
 
 Date of enactment. March 17, 1898, in effect Sep- 
 tember 17, 1898. Amended June 29, 1903. Promul- 
 gated in codified form January 31, 1904. 
 
 Injuries compensated. All injuries sustained by 
 workmen or salaried employes during or on account of 
 labor. If due to wilful misconduct, employer may be 
 reimbursed through criminal action.
 
 233 SUMMARY OF FOREIGN LAWS. 1 12 
 
 Industries covered. Mines, quarries, building 
 trades; light, heat, and power plants; arsenals; maritime 
 construction work; transportation; industries requiring 
 the use or handling of explosives ; all industrial or agri- 
 cultural work in proximity to power machinery; where 
 more than five persons are employed in engineering con- 
 struction work; operations for protection against land- 
 slides, floods, hailstorms; logging and timber rafting, 
 and shipbuilding. 
 
 Persons compensated. All workmen and appren- 
 tices and overseers receiving not more than 7 liras 
 ($1.35) per day and paid at intervals of one month or 
 less. 
 
 Government employes. Act applies to employment 
 in state, provincial and communal industries enumer- 
 ated above unless specially provided for, and to work 
 performed for a government institution under contract 
 or concession. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death. If within two years after 
 the accident, five times annual wages of deceased 
 workman, with a maximum of 10,000 liras ($1,- 
 930), distributed to 
 
 (a) Surviving consort two-fifths or indemnity if 
 there are children; one-half of indemnity if 
 there are dependent ascendants; three- 
 fifths of indemnity if only dependent broth- 
 ers or sisters; entire indemnity in absence 
 of heirs enumerated. 
 
 Children, amounts sufficient to purchase an 
 annuity of equal amount for each child un- 
 der 12 years of age, and one-half of such 
 annuity for each child from 12 to 18 years 
 of age. 
 Each dependent parent or grandparent, if
 
 H2 WORKMEN'S COMPENSATION AND INSURANCE. 234 
 
 there are no children, annuity of equal 
 amount for life. 
 
 Dependent brothers or sisters less than 18 
 years of age or incapable of performing 
 labor by reason of a mental or physical de- 
 fect, if there are no children or dependent 
 ascendants, annuities distributed upon 
 same principle as in case of children, 
 (b) In absence of heirs indemnity is turned into 
 a special fund for immediate aid to injured, 
 payment of indemnities for insolvent em- 
 ployers, and prevention of accidents. 
 Compensation for disability: 
 
 (a) Cost of first medical and surgical treatment. 
 
 (b) An indemnity in case of permanent disabil- 
 
 ity or six times annual earnings, but not 
 less than 3,000 liras ($579) if totally dis- 
 abled, and six times the loss of annual 
 earning capacity if partially disabled, earn- 
 ings in latter case to be considered as not 
 less than 500 liras ($96.50). 
 
 (c) A daily allowance in case of temporary dis- 
 
 ability of one-half the wages of injured 
 workman, payable for not more than three 
 months, if totally disabled, and equal to 
 one-half the reduction in wages occasioned 
 by the injury, if partially disabled. 
 Revision of compensation. Both workman and in- 
 surer may ask for a revision of compensation within two 
 years after accident. 
 
 Insurance. Employers must insure their employes 
 in (a) the national accident insurance fund, (b) an au- 
 thorized insurance company, (c) an association of em- 
 ployers for mutual insurance against accidents, or (d) 
 a private employers' insurance fund. 
 
 Security of payments. Payments are guaranteed by 
 state.
 
 235 SUMMARY OF FOREIGN LAWS. 1 13 
 
 Settlement of disputes. In cases of dispute concern- 
 ing temporary disability payments, the council of prud- 
 hommes or the pretor of the locality in which the acci- 
 dent occurred has authority to sit in final judgment if 
 amount involved does not exceed 200 liras ($38.60). 
 Disputes involving larger amounts are referred for set- 
 tlement to the local magistrates. 
 
 113. Luxemburg schedule. 
 
 Date of enactment. April 5, 1902, in effect April 15, 
 1903. Sick insurance law enacted July 31, 1901. 
 
 Injuries compensated. All injuries by accidents 
 during or because of the employment, resulting in death 
 or disability for more than three days, unless caused 
 intentionally by the victim or during the commission of 
 an illegal act. 
 
 Industries covered. Mines, quarries, manufactories, 
 metallurgical establishments; gas and electric works; 
 transportation and handling; building and engineering 
 construction, and certain artisans' shops having at least 
 five employes regularly and using mechanical motive 
 power. By administrative order other establishments 
 may become subject to the law if regarded dangerous. 
 
 Persons compensated. Workmen and those super- 
 vising and technical officials whose annual earnings are 
 less than 3,000 francs ($579). Certain other classes of 
 persons may be voluntarily insured. 
 
 Government employes. Act applies to government 
 telegraph and telephone services, public works con- 
 ducted by public agencies, and other governmental in- 
 dustrial establishments, unless other provisions are 
 made for pensioning employes. Penal institutions are 
 not included. 
 
 Burden of payment. Benefits and cost of treatment 
 first thirteen weeks provided by sick benefit funds, to 
 which employers contribute one-third and employes 
 two-thirds, if injured person is insured against sickness;
 
 H3 WORKMEN'S COMPENSATION AND INSURANCE. 236 
 
 if not, because employed less than one week, by an acci- 
 dent insurance association supported by contributions of 
 employers; if not insured for other reasons, by the em- 
 ployer direct; all benefits and treatment after thirteen 
 weeks paid by accident insurance association. 
 Compensation for death: 
 
 (a) Funeral expenses, one-fifteenth of the an- 
 
 nual earnings, but not less than 40 francs 
 ($7.72) nor more than 80 francs ($15.44). 
 
 (b) Pensions, not to exceed 60 per cent of earn- 
 
 ings of deceased, to 
 
 Widow, 20 per cent until death or remar- 
 riage; in the latter case a lump sum equal 
 to 60 per cent; same payment to a depend- 
 ent widower. 
 
 Each child, 20 per cent until 15 years of age, 
 even if father survives, provided he aban- 
 doned them, or the mother who was killed 
 was their main support. 
 
 Dependent heirs in an ascending line, 20 per 
 cent. 
 
 Dependent orphan grandchildren, 20 per cent 
 until 15 years of age. 
 
 Widow and children have the preference 
 over other heirs. 
 
 (c) In computing pensions only one-third of 
 
 excess of annual earnings over 1,500 francs 
 ($289.50) is considered. 
 Compensation for disability: 
 
 (a) Entire cost of medical and surgical treat- 
 
 ment. 
 
 (b) For temporary or permanent total disabil- 
 
 ity, from third day to end of fourth week, 
 50 per cent, and from fifth to end of thir- 
 teenth week, 60 per cent of wages of per- 
 sons similarly employed; after thirteen
 
 237 SUMMARY OF FOREIGN LAWS. - 
 
 weeks, 66 2-3 per cent of annual earnings 
 of injured person. 
 
 (c) For partial disability a portion of above (de- 
 
 pending upon degree of disability), which 
 may be increased to full amount as long as 
 injured employe is without employment. 
 
 (d) Lump sum payments may be substituted 
 
 for pensions when degree of disability is 
 not greater than 20 per cent. 
 
 (e) In computing pensions only one-third of ex- 
 
 cess of annual earnings over 1,500 francs 
 ($289.50) is considered. 
 
 Revision of compensation. Demands for change of 
 amount of compensation may be made within three 
 years. 
 
 Insurance. Payments are met by mutual accident 
 insurance association of employers in which all employes 
 must be insured at expense of employers. 
 
 Security of payments. Insurance association con- 
 ducted under state supervision. 
 
 Settlement of disputes. Appeals from the decisions 
 of the association may be carried within forty days to a 
 justice of the peace, who is required to invite two dele- 
 gates, representing employer and employe, to assist in 
 an advisory capacity. Further appeals may be taken to 
 the higher courts. 
 
 114. Netherlands schedule. 
 
 Date of enactment. January 2, 1901, in effect June 
 1, 1901. Other acts February 3 and December 8, 1902, 
 and July 24, 1903. 
 
 Injuries compensated. All injuries caused by acci- 
 dent in the course of the employment and causing death 
 or disability for over two days, unless brought on inten- 
 tionally. If due to intoxication, compensation is re- 
 duced one-half, and if death results no compensation is 
 paid.
 
 H4 WORKMEN'S COMPENSATION AND INSURANCE. 238 
 
 Industries covered. Practically all manufacturing, 
 mining, quarrying, building, engineering construction, 
 and transportation; fishing in internal waters; estab- 
 lishments using mechanical motive power, or explosive 
 or inflammable materials, and mercantile establishments 
 handling such materials. 
 
 Persons compensated. All workmen, including ap- 
 prentices. 
 
 Government employes. All state, provincial, and 
 communal employes are included when engaged in any 
 of the industries enumerated. 
 
 Burden of payment. The entire expense rests upon 
 the employer. 
 
 Compensation for death: 
 
 (a) Funeral benefit of thirty times average 
 
 daily earnings of deceased. 
 
 (b) Pensions to heirs of not over 60 per cent of 
 
 earnings of deceased, distributed to 
 
 Widow, 30 per cent of earnings, until death 
 or remarriage; in latter case two years' 
 payments as a settlement; or to dependent 
 widower, a pension equal to cost of sup- 
 port, but not over 30 per cent of earnings 
 of deceased. 
 
 Each child under 16 years of age, 15 per cent 
 
 if one parent survives and 20 per cent if both 
 are dead. 
 
 Dependent parents, and in their absence to 
 grandparents, not over 30 per cent. 
 
 Orphan grandchildren, not over 20 per cent. 
 
 Dependent parents-in-law, not over 30 per 
 cent. 
 
 Widow and children to be preferred over all 
 other heirs, and their respective shares to 
 be reduced proportionately when aggre- 
 gating over 60 per cent. 
 
 (c) In computing pensions, wages higher than
 
 239 SUMMARY OF FOREIGN LAWS. 1 14 
 
 four florins ($1.61) per day are to be con- 
 sidered as of that amount. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment, or its 
 
 cost. 
 
 (b) From day after injury until forty-third day, 
 
 an allowance of 70 per cent of daily earn- 
 ings, excluding Sundays and holidays. 
 
 (c) From forty-third day a pension of above 
 
 amount during total disability and a small- 
 er pension in proportion to loss of earning 
 power if partially disabled. 
 
 (d) In computing pensions, wages higher than 
 
 four florins ($1.61) per day are to be con- 
 sidered as of that amount. 
 
 Revision of compensation. An examination of con- 
 dition of victim may be made whenever the Royal In- 
 surance Bank so desires. 
 
 Insurance. Employers may insure their employes 
 in the Royal Insurance Bank (a state institution), in a 
 private company or association operating under state 
 supervision, or they may carry the burden themselves. 
 If not insured in the Royal Insurance Bank, a sufficient 
 guaranty must be deposited with the latter. Employers 
 must bear a proportionate share of the expense of ad- 
 ministration of the Royal Insurance Bank, whether they 
 insure in it or not. 
 
 Security of payments. Compensation payments are 
 guaranteed by the state. 
 
 Settlement of disputes. Appeals may be taken from 
 decisions of the Royal Insurance Bank to local arbitra- 
 tion councils, in which employers and employes are 
 equally represented, and from them to a central arbitra- 
 tion council whose decisions are final. 
 
 115. New Zealand schedule. 
 
 Date of enactment. October 18, 1900, to take effect
 
 iiS WORKMEN'S COMPENSATION AND INSURANCE. 240 
 
 at a date fixed by the governor by order in council. 
 Amended October 3, 1902, November 23, 1903, Novem- 
 ber 8, 1904, October 31, 1905, and October 29, 1906. 
 
 Injuries compensated. All injuries to workmen aris- 
 ing out of and in the course of the employment causing 
 death or disability for at least one week, except when 
 due to serious and willful misconduct of the workman 
 injured. 
 
 Industries covered. Industrial, commercial, manu- 
 facturing, building, agricultural, pastoral, mining, quar- 
 rying, engineering, and hazardous work carried on by 
 or on behalf of the employer as a part of his trade or 
 business. 
 
 Persons compensated. All persons under contract 
 with an employer. 
 
 Government employes. Act applies to work carried 
 on by or on behalf of the government or any local au- 
 thority if it would, in case of a private employer, be an 
 employment to which the act applies. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer; but if there are contractors, then 
 on such contractors and the principal, jointly and sev- 
 erally. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but 
 
 not less than 200 ($973.30) nor more 
 than 400 ($1,946.60), to those wholly 
 dependent upon earnings of deceased. 
 
 (b) A sum less than above amount if depend- 
 
 ents were partly dependent upon deceased, 
 to be agreed upon by the parties or fixed 
 by a magistrate or by the arbitration court. 
 
 (c) Reasonable expenses of medical attendance 
 
 and burial, not exceeding 30 ($146), in 
 case deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A weekly payment during disability not ex-
 
 241 SUMMARY OF FOREIGN LAWS. 1 15 
 
 ceeding 50 per cent of employe's average 
 weekly earnings during the previous 
 twelve months, but not to exceed 2 
 ($9.73) nor to fall below 1 ($4.87) where 
 employe's ordinary rate of pay at time of 
 accident was not less than 30 shillings 
 ($7.30) per week. Total liability of em- 
 ployer is limited to 300 ($1,459.95). No 
 payment is made for first week if disability 
 does not continue for a longer period than 
 two weeks. 
 
 (b) A lump sum may be substituted for weekly 
 payments for permanent total or partial 
 disability, to be agreed on by the parties 
 or, in default of agreement, determined by 
 the court of arbitration. 
 
 Revision of benefits. Weekly payments may be re- 
 vised at request of either party. 
 
 Insurance. Employers may contract with their em- 
 ployes for substitution of a scheme of compensation, 
 benefit, or insurance in place of the provisions of the 
 act if the scheme is shown to be not less favorable to the 
 general body of employes and their dependents than the 
 provisions of the act. In such case the employer is liable 
 only in accordance with the scheme. 
 
 Security of payments. When an employer becomes 
 liable under this act to pay compensation, and is entitled 
 to any sum from insurers on account of the amount due 
 to a workman under such liability, then in the event of 
 his becoming insolvent, such workman has a first claim 
 upon this sum. Compensation for injuries sustained in 
 the course of employment in or about a mine, factory, 
 building, or vessel is deemed a charge upon the employ- 
 er's interest in such property and has priority over all 
 charges other than those lawfully existing at the time of 
 the commencement of the act. 
 
 Settlement of disputes. Disputes arising under the 
 
 16 BOYDWC
 
 n6 WORKMEN'S COMPENSATION AND INSURANCE. 242 
 
 act are settled by the court of arbitration under the in- 
 dustrial arbitration act. Where claim for compensation 
 does not exceed 200 ($973.30) proceedings may be 
 instituted before a magistrate whose decision is final, 
 except that in cases where amount involved does not 
 exceed 50 ($243.33) either party may, with the con- 
 sent of the magistrate, and in cases where the claim ex- 
 ceeds 50 ($243.33), without such consent, appeal from 
 the decision on any point of law. 
 
 116. Norwegian schedule of compensation and 
 scope of act. 
 
 Date of enactment. July 23, 1894, in effect July 1, 
 1895. 
 
 Injuries compensated. All injuries by industrial ac- 
 cidents, causing death, or disability, for more than four 
 weeks, or requiring treatment after that period, unless 
 intentionally brought about by the injured person. 
 
 Industries covered. Practically all factories and 
 workshops using other than hand power; mines and 
 quarries ; the handling of ice, explosives, or inflammable 
 wares; building and engineering construction, electric 
 work, transportation, salvage, and diving, chimney 
 sweeping, and fire extinguishing. Employes in other in- 
 dustries may avail themselves of this insurance system. 
 
 Persons compensated. All workingmen and over- 
 seers. 
 
 Government employes. Act covers employes in gov- 
 ernment or communal service, when engaged in any of 
 the industries enumerated above, unless at least equal 
 compensation is provided by special regulation. 
 
 Burden of payment. Cost of compensation rests 
 upon employer. 
 
 Compensation in case of death : 
 
 (a) Funeral benefit of 50 crowns ($13.40). 
 
 (b) Pensions to heirs not exceeding 50 per cent 
 
 of earnings, to be distributed to
 
 243 SUMMARY OF FOREIGN LAWS. Il6 
 
 Widow, 20 per cent of earnings, until death 
 or remarriage; in the latter case a lump 
 sum equal to three annual payments; or 
 dependent widower, 20 per cent of annual 
 earnings of deceased while disability lasts. 
 
 Each child, 15 per cent of annual earnings 
 till age of 15 years if one parent survives, 
 or 20 per cent if neither survives; 15 per 
 cent for each parent to each child when 
 both parents have died as result of injuries. 
 
 Dependent relatives in ascending line, if 
 there is a residue after providing for above- 
 mentioned heirs, a pension of 20 per cent 
 of earnings until death or cessation of 
 need, to be divided equally; but living par- 
 ents exclude grandparents from participa- 
 tion. 
 
 (c) In computing pensions, the excess of annual 
 
 earnings over 1,200 crowns ($321.60) is 
 not considered. 
 
 (d) Pension payments are in addition to prior 
 
 allowances granted for disability. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment, or cost 
 
 of same, after four weeks. 
 
 (b) If employe is totally disabled for more than 
 
 four weeks an allowance of 60 per cent of 
 the earnings, but not less than 0.50 crowns 
 (13 cents) per diem or 150 crowns ($40.20) 
 per annum ; and a proportionate allowance 
 in case of partial disability. 
 
 (c) If injured employe is forced to stay in a hos- 
 
 pital, dependents receive allowances dur- 
 ing that time equal to the pensions granted 
 in cases of death. 
 
 (d) If injured employe is not a member of a 
 
 sick insurance fund he is entitled to receive
 
 ii/ WORKMEN'S COMPENSATION AND INSURANCE. 244 
 
 from employer directly sick benefits and 
 free medical treatment from first day of in- 
 jury. 
 
 (e) In computing allowances the excess of an- 
 nual earnings over 1,200 crowns ($321.60) 
 is not considered. 
 
 Revision of compensation. Compensation is sub- 
 ject to revision upon demand of either the beneficiary or 
 the insurance office. 
 
 Insurance. A state central insurance office is es- 
 tablished for the entire Kingdom, in which all employes 
 subject to the law must be insured by employer, unless 
 he is, for special reasons, relieved by royal order from 
 the obligation of insurance. 
 
 Security of payments. Insurance office is guaran- 
 teed by the state. 
 
 Settlement of disputes. Appeals from decisions of 
 insurance office may be entered within six weeks with 
 the special insurance commission. 
 
 117. Queensland schedule of compensation and 
 scope of act. 
 
 Date of enactment. December 20, 1905, in effect 
 March 31, 1906. 
 
 Injuries compensated. All injuries by accident, aris- 
 ing out of and in the course of the employment, which 
 cause death or disable a workman for at least two weeks 
 from earning full wages at the work at which he was 
 employed, except when the injury is directly attribut- 
 able to his serious and wilful misconduct, or when it 
 occurs while proceeding to or from his place of work. 
 
 Industries covered. Industrial, commercial, manu- 
 facturing, building, agricultural, pastoral, mining, quar- 
 rying, engineering, or hazardous work carried on by or 
 on behalf of the employer as a part of his trade or busi- 
 ness. 
 
 Persons compensated. All persons under contract 
 with an employer.
 
 245 SUMMARY OF FOREIGN LAWS. 1 17 
 
 Government employes. Act applies to any work 
 carried on by or on behalf of the government or any 
 local authority, if it would, in case of a private employer, 
 be an employment to which the act applies. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but 
 
 not less than 200 ($973.30) nor more 
 than 400 ($1,946.60), to those wholly 
 dependent upon earnings of deceased; but 
 aged and infirm employes may agree in ad- 
 vance to accept a reduced amount. 
 
 (b) A sum less than above if heirs are only 
 
 partly dependent. 
 
 (c) Reasonable expenses of medical attendance 
 
 and burial, not exceeding 30 ($146), if 
 deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A weekly payment during disability after 
 
 second week, not exceeding 50 per cent of 
 employe's average weekly earnings during 
 the previous twelve months, such weekly 
 payments not to exceed 1 ($4.87), and 
 total liability not to exceed 400 ($1,- 
 946.60) ; except that aged and infirm em- 
 ployes may agree in advance to accept a 
 reduced amount. 
 
 (b) A weekly payment during partial disability 
 
 after second week, not exceeding one-half 
 of difference between the employe's aver- 
 age weekly earnings before the accident 
 and the average weekly amount which he 
 is earning or able to earn after injury. 
 
 (c) Minors may be allowed full earnings dur- 
 
 ing incapacity, not exceeding 10 shillings 
 ($2.43) weekly.
 
 ii8 WORKMEN'S COMPENSATION AND INSURANCE. 246 
 
 (d) A lump sum may be substituted for weekly 
 payments after three months, on applica- 
 tion of employer, the amount to be agreed 
 upon or, in default of agreement, to be de- 
 termined by a police magistrate. 
 
 Revision of compensation. Weekly payments may 
 be revised by a police magistrate at request of either 
 party. 
 
 Insurance. Employers may contract with their em- 
 ployes for substitution of a scheme of compensation, 
 benefit, or insurance, in place of the provisions of the 
 act if the scheme is officially certified to be not less fa- 
 vorable to the employes and their dependents than the 
 provisions of the act. In such case the employer is liable 
 only in accordance with the scheme. 
 
 Security of payments. When an employer becomes 
 liable under the act to pay compensation, and is entitled 
 to any sum from insurers on account of the amount due 
 to a worker under such liability, then in the event of his 
 becoming insolvent, such workman has a first claim 
 upon this sum for the amount so due. 
 
 Settlement of disputes. Disputes arising under the 
 act are heard and determined by a police magistrate, 
 whose decision is final, except that either party may 
 appeal from this decision on any point of law with the 
 latter's leave if the claim does not exceed 50 ($243.33), 
 or without his leave if it exceeds that amount. 
 
 118. Russian schedule. 
 
 Date of enactment. June 2 (15), 1903, in effect 
 January 1 (14), 1904. 
 
 Injuries compensated. All injuries by accident occa- 
 sioned by or on account of the work and causing death 
 or disability for more than three days, unless brought 
 on intentionally by the victim or due to gross impru- 
 dence. 
 
 Industries covered. Metallurgical and mining es-
 
 247 SUMMARY OF FOREIGN LAWS. 1 1 8 
 
 tablishments and factories and workshops using other 
 than hand power, but exclusive of shops of private rail- 
 road and steamship companies and certain rural indus- 
 trial establishments. 
 
 Persons compensated. Workmen and those techni- 
 cal officials whose annual earnings do not exceed 1,500 
 rubles ($772.50). 
 
 Government employes. Act applies to mining, 
 metallurgical, and manufacturing establishments of 
 municipal and zemstvo governments, but not to na- 
 tional government employes, for whom special regula- 
 tions exist. 
 
 Burden of payment. Entire burden of payment rests 
 upon employer. 
 
 Compensation for death: 
 
 (a) Funeral expenses not exceeding 30 rubles 
 
 ($15.45) for an adult and 15 rubles ($7.73) - 
 for a child under 15 years of age. 
 
 (b) Pensions to dependent heirs not exceeding 
 
 66 2-3 per cent of annual earnings of vic- 
 tim, distributed to 
 
 .Widow, 33 1-3 per cent until death or remar- 
 riage; in the latter case a lump sum equal 
 to three annual payments. 
 
 Each child until age of 15 years, 16 2-3 per 
 cent if one parent survives and 25 per cent 
 if neither parent survives. 
 
 Dependent heirs in ascending line, 16 2-3 per 
 cent. 
 
 Each dependent orphan brother and sister 
 until 15 years of age, 16 2-3 per cent. 
 
 Widow and children take precedence over 
 other dependent heirs, who share the re- 
 mainder in equal parts. 
 
 '(c) Pension may, by mutual consent of em- 
 ployer and beneficiary, be replaced by sin- 
 gle payment of ten times amount of an-
 
 u8 WORKMEN'S COMPENSATION AND INSURANCE. 248 
 
 nual pension and, in case of children, pen- 
 sion multiplied by the number of years re- 
 maining for pension payments, but not ex- 
 ceeding ten. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment or re- 
 
 imbursement of expense of same. 
 
 (b) If permanently disabled, a pension of 66 2-3 
 
 per cent of annual earnings of victim in 
 case of total disability, and a pension pro- 
 portionate to degree of incapacity in case 
 of partial disability, to be paid from time 
 when degree of permanent disability was 
 determined; if amount of pension exceeds 
 that of previous allowance for temporary 
 disability, difference between the two dur- 
 ing the period of disability is paid to per- 
 manently injured employe. 
 
 (c) Pension may, by mutual consent of em- 
 
 ployer and beneficiary, be replaced by a 
 single payment of ten times amount of an- 
 nual pension. 
 
 (d) If temporarily disabled, an allowance of 
 
 50 per cent of actual wages of victim from 
 day of accident until complete recovery 
 from disability or the determining of de- 
 gree of permanent disability. 
 
 Revision of compensation. Demands for revision 
 of payments or to secure a pension previously refused 
 may be made by either party within three years. 
 
 Insurance. Employers may transfer burden of pay- 
 ment of compensation by insuring their employes in au- 
 thorized insurance companies or societies. 
 
 Security of payments. On retiring from business 
 employer must guarantee payments by insurance or by 
 deposit with a state bank. In case of insolvency, pay- 
 ments constitute a preferred claim.
 
 249 SUMMARY OF FOREIGN LAWS. 
 
 Settlements of disputes. Disputes may be carried 
 into courts as other civil cases. Such cases are exempt 
 from court fees, the documents are free from stamp tax, 
 and attorney's fees are fixed by law. 
 
 119. South Australian schedule. 
 
 Date of enactment. December 5, 1900, in effect not 
 earlier than June 1, 1901. 
 
 Injuries compensated. All injuries to workmen 
 arising out of and in the course of the employment caus- 
 ing death or disability for at least one week, except 
 when due to serious willful misconduct of the workman 
 injured. 
 
 Industries covered. Railways, waterworks, tram- 
 ways, electric lighting works, factories, mines, quarries, 
 engineering and building work, employments declared 
 by a proclamation of the governor upon addresses from 
 both houses of parliament to be dangerous or injurious 
 to health or dangerous to life or limb, and agricultural 
 pursuits where mechanical motive power is used. 
 
 Persons compensated. All persons engaged in man- 
 ual labor or otherwise. 
 
 Government employes. Act applies to civilian per- 
 sons employed under the Crown to whom it would ap- 
 ply if the employer were a private person. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but 
 
 not less than 150 ($729.98) nor more 
 than 300 ($1,459.95), to those wholly 
 dependent upon earnings of deceased. 
 
 (b) A sum less than above amount if depend- 
 
 ents were partly dependent upon deceased, 
 to be agreed upon by the parties or fixed 
 by arbitration. 
 
 (c) Reasonable expenses of medical attendance
 
 H9 WORKMEN'S COMPENSATION AND INSURANCE. 250 
 
 and burial not exceeding 50 ($243.33), 
 if deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A weekly payment during disability after 
 
 first week, not exceeding 50 per cent of 
 employe's average weekly earnings during 
 the previous twelve months, such weekly 
 payments not to exceed 1 ($4.87) nor, in 
 case of total incapacity, to be less than 7s. 
 6d. ($1.83) per week, and total disability 
 not to exceed 300 ($1,459.95) 
 
 (b) A weekly payment during partial disability 
 
 after first week to be fixed with regard to 
 difference between employe's average 
 weekly earnings before the accident and 
 average weekly amount which he is earn- 
 ing or able to earn after injury. 
 
 (c) A lump sum not exceeding 300 
 
 ($1,459.95) may be substituted for weekly 
 payments, after six months, on applica- 
 tion of either party, the amount to be set- 
 tled by arbitration under the act in default 
 of agreement. 
 
 Revision of benefits. Weekly payments may be re- 
 vised at request of either party. 
 
 Insurance. Employers may contract with their em- 
 ployes for substitution of a scheme of compensation, 
 benefit, or insurance in place of the provisions of the act, 
 if the public actuary certifies that the scheme is on the 
 whole not less favorable to general body of employes 
 and their dependents than the provisions of the act. In 
 such case employer is liable only in accordance with the 
 scheme. 
 
 Security of payments. When an employer becomes 
 liable under the act to pay compensation, and is entitled 
 to any sum from insurers on account of the amount due 
 to a workman under such liability, then in the event of
 
 251 SUMMARY OF FOREIGN LAWS. I2O 
 
 his becoming insolvent such workman has a first claim 
 upon this sum, and any special magistrate may direct its 
 payment into the savings bank to be applied to payment 
 of compensations due. 
 
 Settlement of disputes. Disputes arising under the 
 act are settled by the arbitration of existing committees 
 representative of employers and employes, or, if either 
 party objects, by a single arbitrator agreed on by the 
 parties, or, in absence of agreement, by a special magis- 
 trate. An arbitrator appointed by the magistrate has 
 all the powers of a local court. 
 
 120. Swedish schedule. 
 
 Date of enactment. Approved July 5, 1901 ; in effect 
 January 1, 1903; amended June 3, 1904. 
 
 Injuries compensated. Injuries by accidents to 
 workmen resulting from the employment and causing 
 death or disability for more than sixty days, unless due 
 to the wilful act or gross negligence of the victim or the 
 wilful act of a third person who has neither the super- 
 vision nor the direction of the work. 
 
 Industries covered. Practically all establishments 
 engaged in forestry work, mining, quarrying, turf and 
 ice cutting and handling, manufacturing, chimney 
 sweeping, rafting, railway and tramway service, 
 handling goods, building trades, conduit, road, and 
 other construction work, and gas, electricity, and water 
 distribution. Employers in other industries may insure 
 their employes in the State Insurance Institute and 
 thereby be placed under the provisions of the act. Em- 
 ployes in other industries may secure the protection of 
 the act by insuring themselves in the State Insurance 
 Institute. 
 
 Persons compensated. Workmen and foremen. 
 
 Government employes. Act applies to employes in 
 the State and communal services when engaged in any 
 of the industries enumerated above.
 
 I2O WORKMEN'S COMPENSATION AND INSURANCE. 252 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death. When death results from 
 the injury within two years 
 
 (a) Funeral benefit of 60 crowns ($16.08). 
 
 (b) Annual pensions not exceeding in the 
 
 aggregate 300 crowns ($80.40), to be dis- 
 tributed to widow, until remarriage 120 
 crowns ($32.16) ; each child under 15 years 
 of age, 60 crowns ($16.08). 
 Compensation for disability: 
 
 (a) If permanently disabled annual pension of 
 
 300 crowns ($80.40) in case of total dis- 
 ability and a smaller sum, corresponding to 
 loss of earning power in case of partial dis- 
 ability, pension to begin with sixty-first 
 day of disability, or later if permanent 
 character of the disability was not then 
 established. 
 
 (b) If temporarily disabled for more than sixty 
 
 days, 1 crown (27 cents) per day, begin- 
 ning with sixty-first day. 
 
 Revision of compensation. Suit may be brought in 
 a court of first instance by injured employe for a revision 
 of compensation within two years from the date of the 
 fixing of the same. 
 
 Insurance. If an injured person receives an allow- 
 ance or pension from an organization which is supported 
 entirely or in part by the employer, or if the victim is 
 insured in a private organization by his employer, the 
 amounts received from such source may be deducted 
 from payments required of employers under the act. 
 Employers may transfer burden of payment of compen- 
 sation by insuring in the State Insurance Institute, 
 created for this purpose by the act, or in individual cases 
 purchase annuities for pensioners from this institution. 
 Other arrangements may be made between employers
 
 253 SUMMARY OF FOREIGN LAWS. 121 
 
 and employes if the State Insurance Institute finds upon 
 examination that they are not unfavorable to the em- 
 ployes. 
 
 Security of payments. An employer may be re- 
 quired to furnish adequate security for the payment of 
 the pension to cover the contingency of his neglecting 
 to pay the same, of his retiring from business or leaving 
 the country, or of his becoming insolvent. If he fails 
 to furnish security he may be required to pay a lump 
 sum equal to the capital value of the pension plus the 
 payments and interest due, which amount, in the case of 
 an injured employe, must be invested in the purchase of 
 an annuity from the Royal Insurance Institute. 
 
 Settlement of disputes. Disputes may be settled 
 either by arbitration or by bringing suit in a court of 
 first instance. The demand for arbitration must be 
 made or the suit brought within two years after the acci- 
 dent, or, in case of fatal accidents, within two years after 
 the death of the victim. If the action is against the 
 State Institute, one year more is allowed. 
 
 121. Spanish schedule. 
 
 Date of enactment. January 30, 1900, in effect July 
 28, 1900. 
 
 Injuries compensated. All injuries by accidents to 
 employes in the course of and by reason of the employ- 
 ment causing death or disability. Compensation may 
 be reduced if injured person was engaged in an illegal 
 act. 
 
 Industries covered. Manufacturing, mines, quar- 
 ries, metallurgical establishments, construction work, 
 industries injurious to health, transportation, gas and 
 electric works, street cleaning, theatres, and agricultural 
 and forestry establishments using power machinery. 
 
 Persons compensated. Workmen performing man- 
 ual labor, including helpers and apprentices. 
 
 Government employes. Act applies to employes of
 
 i2i WORKMEN'S COMPENSATION AND INSURANCE. 254 
 
 state factories and other government establishments, to 
 labor accidents in war and naval departments, and to 
 establishments of provincial and communal govern- 
 ments. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death. In addition to any prior 
 benefits paid for disability 
 
 (a) Funeral expenses not exceeding 100 pesetas 
 
 ($19.30). 
 
 (b) A lump sum equal to two years' earnings if 
 
 widow and children or dependent orphan 
 grandchildren under 16 years survive; 
 eighteen months' earnings if only children 
 or orphan grandchildren survive; one 
 year's earnings if only widow survives ; ten 
 months' earnings to dependent parents or 
 grandparents over 60 years of age, in ab- 
 sence of widow or children, if two or more 
 survive; seven months' earnings if only 
 one parent or grandparent survives. 
 
 (c) For these lump-sum payments, by mutual 
 
 consent, the following pensions may be 
 substituted: Forty per cent of annual 
 earnings when widow and children or 
 grandchildren survive; 20 per cent of an- 
 nual earnings when only widow survives ; 
 10 per cent to each dependent parent or 
 grandparent over 60 years of age, when no 
 widow or children survive, but not over 30 
 per cent in the aggregate ; compensation to 
 widow ceases on her remarriage and to 
 children on their attaining the age of 16 
 years. 
 
 (d) In these cases the daily earnings to be con- 
 
 sidered as not less than 1.50 pesetas (29 
 cents).
 
 255 SUMMARY OF FOREIGN LAWS. 121 
 
 (e) All of these compensations are increased by 
 50 per cent if the establishment is lacking 
 in the required safety provisions. 
 Compensation for disability: 
 
 (a) Free medical and surgical treatment during 
 
 disability. 
 
 (b) Fifty per cent of daily earnings, including 
 
 Sundays and holidays, from day of injury 
 to day of recovery from disability, but not 
 over one year, after which case is treated 
 as one of permanent disability. 
 '(c) In case of permanent disability, in addition 
 to the foregoing, a sum equal to two years' 
 earnings for total disability. 
 
 Eighteen months' earnings if total disability 
 extends only to former trade. 
 
 One year's earnings in cases of partial perma- 
 nent disability for usual employment, un- 
 less the employer agrees to employ injured 
 workmen at some other work at old rate 
 of wages. 
 
 (d) In these cases the daily earnings to be con- 
 
 sidered as not less than 1.50 pesetas (29 
 cents). 
 
 (e) Compensations are increased by 50 per 
 
 cent if the establishment is lacking in the 
 required safety provisions. 
 
 Revision of compensation. No special provision is 
 made in the law. 
 
 Insurance. Employers may contract with author- 
 ized insurance companies to assume obligations im- 
 posed by law. 
 
 Security of payment. No special provision is made 
 in the law. 
 
 Settlement of disputes. Disputes concerning com- 
 pensation under the law may be carried to special perma-
 
 122 WORKMEN'S COMPENSATION AND INSURANCE. 256 
 
 nent labor tribunals consisting of representatives of the 
 State, employers, and employes. 
 
 122. West Australia schedule of compensation 
 and scope of act. 
 
 Date of enactment. February 19, 1912, in effect on 
 a date fixed by the governor by order in council. 
 
 Injuries compensated. All injuries caused to a 
 workman arising out of and in the course of the em- 
 ployment causing death or disability for at least two 
 weeks, except when due to serious and wilful miscon- 
 duct of the workman injured. 
 
 Industries covered. Railways, waterworks, tram- 
 ways, electric-light plants, factories, mines, quarries, 
 engineering and building work, and employments de- 
 clared by a proclamation of the governor, issued pur- 
 suant to addresses from both houses of parliament, to 
 be dangerous or injurious to health or dangerous to life 
 or limb. 
 
 Persons compensated. All persons engaged under 
 contract in any employment. 
 
 Government employes. Act applies to all persons 
 employed under the Crown to whom it would apply if 
 employer were a private person. 
 
 Burden of payment. Entire cost of compensation 
 rests upon employer. 
 
 Compensation for death: 
 
 (a) A sum equal to three years' earnings, but 
 
 not less than 200 ($973.30), nor more 
 than 400 ($1,946.60), to those wholly de- 
 pendent upon earnings of deceased. 
 
 (b) A sum less than above amount if depend- 
 
 ents were partly dependent upon deceased, 
 to be agreed upon by the parties or fixed 
 by local court. 
 
 (c) Reasonable expenses of medical attendance
 
 257 SUMMARY OF FOREIGN LAWS. 122 
 
 and burial, not to exceed 200 ($485.65), 
 if deceased leaves no dependents. 
 Compensation for disability: 
 
 (a) A weekly payment during disability after 
 
 second week, not exceeding 50 per cent of 
 injured person's average weekly earnings 
 during the previous twelve months, such 
 weekly payment not to exceed 2 ($9.73) 
 and total liability not to exceed 300 
 ($1,459.95). 
 
 (b) In case of partial disability, regard is to be 
 
 had to the difference between average 
 weekly earnings before and after the acci- 
 dent and to any payment other than wages 
 made by employer on account of the in- 
 jury. 
 
 (c) A lump sum may be substituted for weekly 
 
 payments, after six months, on the appli- 
 cation of the employer, the amount to be 
 determined by the court in default of 
 agreement. 
 
 Revision of benefits. Weekly payments may be re- 
 vised by the court at request of either party. 
 
 Insurance. Employers may contract with their em- 
 ployes for substitution of a scheme of compensation, 
 benefit, or insurance in place of the provisions of the 
 act, if the registrar of friendly societies certifies that the 
 scheme is on the whole not less favorable to the general 
 body of employes and their dependents than the provi- 
 sions of the act. In such case employer is liable only 
 in accordance with this scheme. 
 
 Security of payments. When an employer becomes 
 liable under the act to pay compensation, and is entitled 
 to any sum from insurer on account of the amount due 
 to a workman under such liability, then in the event of 
 his becoming insolvent such workman has a first charge 
 upon this sum for the amount so due. Compensation 
 
 17 BOTDWO
 
 122 WORKMEN'S COMPENSATION AND INSURANCE. 258 
 
 for injuries sustained in the course of employment in or 
 about a mine, factory, building, or vessel is deemed a 
 charge on the employer's interest in such property. 
 
 Settlement of disputes. Disputes arising under the 
 act are settled by the local court of the district in which 
 the injury is received. 

 
 CHAPTER X. 
 
 THE WASHINGTON WORKMEN'S INSURANCE ACT. 
 
 Sec. Sec. 
 
 123. The nature and scope of 140. 
 
 the Washington industrial 
 insurance act. 
 
 124. The workmen's insurance 141. 
 
 act with its construction 
 by the board. 
 
 125. Proposed amendment. 
 
 126. Constitutionality of the act 
 
 127. Opinion of the court. 142. 
 
 128. Rules and directions. 
 
 129. Rules and directions for 
 
 employers. 143. 
 
 130. Rules and directions for 
 
 workmen. 
 
 131. Form of general directions 144. 
 
 to employe's to be posted 
 
 on all floors of plant. 145. 
 
 132. Formal procedure List of 
 
 forms. 146. 
 
 133. Form of report of actual 
 
 payroll, (a) 147. 
 
 134. Form of contractor's state- 
 
 ment of wages, (b) 148. 
 
 135. Form of monthly statement 
 
 of city, (c) 149. 
 
 136. Form of notice of assess- 
 
 ment, (d) 150. 
 
 137. Form of elective adoption 
 
 of the provisions of act. 151. 
 (e) 
 
 138. Form of demand for first 152. 
 
 quarterly payment re- 
 quired by act. (f) 153. 
 
 139. Form of monthly statement. 154. 
 
 (g) 
 
 259 
 
 Alphabetical list of indus- 
 tries with rates and classi- 
 fication, (h) 
 
 Form of instructions to cit- 
 ies, counties, school, port, 
 waterway, drainage, or 
 other municipal corpora- 
 tion. 
 
 Form of letter of instruc- 
 tions to the employers and 
 employes, (j) 
 
 Form of employer's report 
 of accident to employe with 
 chart, (k) 
 
 Workmen's claim for com- 
 pensation. (1) 
 
 Form of instructions to in- 
 jured workman. (1) 
 
 Form of report of attending 
 physician with charts, (m) 
 
 Form of surgical discharge 
 report, (n) 
 
 Form of report of witnesses. 
 (o) 
 
 Surgeon's special report 
 with charts, (p) 
 
 Form of proof of death by 
 physician, (q) 
 
 Form of proof of death by 
 undertaker, (r) 
 
 Form of dependent's claim 
 for compensation, (s) 
 
 Affidavit to foregoing form. 
 
 Form of affidavit of claim- 
 ant for compensation
 
 123 WORKMEN'S COMPENSATION AND INSURANCE. 260 
 
 Sec. Sec. 
 
 Survivors of deceased 160. Form of burial expense 
 
 workmen, (t) voucher Account of de- 
 
 155. Form of summary and ceased workman, (x) 
 
 award, (u) 161. Form of final settlement 
 
 156. Form of partial payment voucher, (y) 
 
 voucher Permanent par- 162. Form of election to receive 
 tial disability Full pay- compensation and assign- 
 ment Total temporary ment of claim Injuries 
 disability Partial pay- by defaulting employer, 
 ment. (v) (z) 
 
 157. Form of partial payment 163. Election to receive corn- 
 
 voucher Total temporary pensation and assignment 
 
 disability Monthly al- of claim Injury by other 
 
 lowance. (w) than employer, (zz) 
 
 158. Form of pension voucher 164. Statistical reports on the 
 
 Permanent total disabil- operation of the act. 
 
 ity. (w) 165. Review of the first eight 
 
 159. Form of pension voucher months' operation of act. 
 
 Survivors of deceased 166. Official state safety bulle- 
 workman. (ww) tin. 
 
 123. The nature and scope of the Washing- 
 ton industrial insurance act. The Washington Act cov- 
 ers all employers and employes of forty-eight extra haz- 
 ardous employments which are specified in the act, and 
 the act is compulsory in form as to all such employers 
 and employes. All civil actions and civil causes of ac- 
 tions for personal injuries and all jurisdictions of the 
 courts of the State over causes of action arising in said 
 employments are abolished. This act, which is an ex- 
 ample of progressive legislation along these lines, is set 
 out in full in the following section, together with the 
 Notes of Construction under each section of the same 
 drafted by the commissioners. Since the constitution- 
 ality of the act has been sustained by the Supreme Court 
 of the State (see section 127) these notes have the same 
 binding effect upon all persons affected by the statute 
 as the statute itself until overruled by the courts. 
 
 124. The workmen's insurance act with its 
 construction by the board. 
 
 Sec. 1. Declaration of police power. The com-
 
 26 1 WASHINGTON ACT. 124 
 
 mon-law system governing the remedy of workmen 
 against employers for injuries received in hazardous 
 work is inconsistent with modern industrial conditions. 
 In practice it proves to be economically unwise and un- 
 fair. Its administration has produced the result that 
 little of the cost of the employer has reached the work- 
 man and that little only at large expense to the public. 
 The remedy of the workman has been uncertain, slow 
 and inadequate. Injuries in such works, formerly occa- 
 sional, have become frequent and inevitable. The wel- 
 fare of the State depends upon its industries, and even 
 more upon the welfare of its wageworker. The State 
 of Washington, therefore, exercising herein its police 
 and sovereign power, declares that all phases of the 
 premises are withdrawn from private controversy, and 
 sure and certain relief for workmen, injured in extra 
 hazardous work, and their families and dependents, is 
 hereby provided regardless of questions of fault and to 
 the exclusion of every other remedy, proceeding or com- 
 pensation, except as otherwise provided in this act; and 
 to that end all civil actions and civil causes of action for 
 such personal injuries and all jurisdiction of the courts 
 of the State over such causes are hereby abolished, ex- 
 cept as in this act provided. 
 
 Note by board. The abolishing of jurisdiction of courts over 
 personal injury claims applies only to those in the relation of 
 employer and employe" in "extra hazardous" occupations. Employe's 
 as members of the public have their rights against third persons as 
 heretofore. Suits allowed against employer, see Sec. 8. Even 
 though the injury or death be caused by the tort of a third person, 
 the employ^ may obtain compensation by election and assignment, 
 except where a wilful act of such other, committed against the 
 employg, be for reasons personal and not because of his employ- 
 ment. 
 
 Sec. 2. Enumeration of extra hazardous works. 
 There is a hazard in all employment, but certain em- 
 ployments have come to be, and to be recognized as be- 
 ing inherently constantly dangerous. This act is in-
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 262 
 
 tended to apply to all such inherently hazardous works 
 and occupations, and it is the purpose to embrace all of 
 them, which are within the legislative jurisdiction of 
 the State, in the following enumeration, and they are 
 intended to be embraced within the term "extra hazard- 
 ous" wherever used in this act, to-wit: 
 
 Factories, mills and workshops where machinery is 
 used; printing, electrotyping, photo-engraving and ster- 
 eotyping plants where machinery is used; foundries, 
 blast furnaces, mines, wells, gas works, waterworks, re- 
 duction works, breweries, elevators, wharves, docks, 
 dredges, smelters, powder works; laundries operated by 
 power; quarries; engineering works; logging, lumber- 
 ing and ship building operations; logging, street and 
 interurban railroads; buildings being constructed, re- 
 paired, moved or demolished; telegraph, telephone, elec- 
 tric light or power plants or lines, steam heating or 
 power plants, steamboats, tugs, ferries and railroads. 
 If there be or arise any extra hazardous occupation or 
 work other than those hereinabove enumerated, it shall 
 come under this act, and its rate of contribution to the 
 accident fund hereinafter established, shall be, until fixed 
 by legislation, determined by the department herein- 
 after created, upon the basis of the relation which the 
 risk involved bears to the risks classified in section 4. 
 
 Note by Board. Admiralty Jurisdiction, see Sec. 18. 
 Unlisted extra hazardous occupations will be included in existing 
 classes whenever possible. Obviously, accidents in new and small 
 classes might bankrupt employers included therein. Non-hazard- 
 ous elective, Class 48. 
 
 Sec. 3. Definitions. In the sense of this act words 
 employed mean as here stated, to-wit: 
 
 Factories mean undertakings in which the business 
 of working at commodities is carried on with power- 
 driven machinery, either in manufacture, repair or 
 change, and shall include the premises, yard and plant 
 of the concern.
 
 263 WASHINGTON ACT. 124 
 
 Workshop means any plant, yard, premises, room or 
 place wherein power-driven machinery is employed and 
 manual labor is exercised by way of trade for gain or 
 otherwise in or incidental to the process of making, al- 
 tering, repairing, printing or ornamenting, finishing 
 or adapting for sale or otherwise any article or part of 
 article, machine or thing, over which premises, room or 
 place the employer of the person working therein has 
 the right of access or control. 
 
 Mill means any plant, premises, room or place where 
 machinery is used, any process of machinery, changing, 
 altering or repairing any article or commodity for sale 
 or otherwise, together with the yards and premises 
 which are a part of the plant, including elevators, ware- 
 houses and bunkers. 
 
 Mine means any mine where coal, clay, ore, mineral, 
 gypsum or rock is dug or mined underground. 
 
 Quarry means an open cut from which coal is mined, 
 or clay, ore, mineral, gypsum, sand, gravel or rock is cut 
 or taken for manufacturing, building or construction 
 purposes. 
 
 Engineering work means any work of construction, 
 improvement or alteration or repair of buildings, struc- 
 tures, streets, highways, sewers, street railways, rail- 
 roads, logging roads, interurban railroads, harbors, 
 docks, canals; electric, steam or water power plants; 
 telegraph and telephone plants and lines; electric light 
 or power lines, and includes any other works for the 
 construction, alteration or repair of which machinery 
 driven by mechanical power is used. 
 
 Except when otherwise expressly stated, employer 
 means any person, body of persons, corporate or other- 
 wise, and the legal personal representatives of a de- 
 ceased employer, all while engaged in this State in any 
 extra hazardous work. 
 
 Note by board. Employer includes owner, contractor, sub-
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 264 
 
 contractor, agent, municipality, see Sec. 17. Residence outside the 
 State immaterial. 
 
 This act has no application where the United States is the 
 employer. (Opinion Attorney General, Sept. 20, 1911.) 
 
 Workman means every person in this State, who, 
 after September 30, 1911, is engaged in the employment 
 of an employer carrying on or conducting any of the 
 industries scheduled or classified in section 4, whether 
 by way of manual labor or otherwise, and whether upon 
 the premises or at the plant or, he being in the course 
 of his employment, away from the plant of his em- 
 ployer: Provided, however, That if the injury to a 
 workman occurring away from the plant of his em- 
 ployer is due to the negligence or wrong of another not 
 in the same employ, the injured workman, or if death 
 result from the injury, his widow, children, or depend- 
 ents, as the case may be, shall elect whether to take 
 under this act or seek a remedy against such other, such 
 election to be in advance of any suit under this section; 
 and if he take under this act, the cause of action against 
 such other shall be assigned to the State for the benefit 
 of the accident fund; if the other choice is made, the ac- 
 cident fund shall contribute only the deficiency, if any, 
 between the amount of recovery against such third per- 
 son actually collected, and the compensation provided 
 or estimated by this act for such case. Any such cause 
 of action assigned to the State may be prosecuted, or 
 compromised by the department, in its discretion. Any 
 compromise by the workman of any such suit, which 
 would leave a deficiency to be made good out of the 
 accident fund, may be made only with the written ap- 
 proval of the department. 
 
 Note by board. Not in course of employment: Employer 
 injured going to supper down log chute; employs left moving work 
 train to enter saloon, injured attempting to regain train with 
 bottles of beer; telephone lineman falling on wet steps going to 
 lunch.
 
 265 WASHINGTON ACT. 124 
 
 Any individual employer or any member or officer 
 of any corporate employer who shall be carried upon the 
 payroll at a salary or wage not less than the average 
 salary or wage named in such payroll and who shall be 
 injured, shall be entitled to the benefit of this act as and 
 under the same circumstances as and subject to the 
 same obligations as a workman. 
 
 Note by board. Such person, including partners and stock- 
 holders, may elect to come under the act. 
 
 Dependent means any of the following named rela- 
 tives of a workman whose death results from any injury 
 and who leaves surviving no widow, widower, or child 
 under the age of sixteen years, viz. : invalid child over 
 the age of sixteen years, daughter, between sixteen and 
 eighteen years of age, father, mother, grandfather, 
 grandmother, step-father, step-mother, grandson, grand- 
 daughter, step-son, step-daughter, brother, sister, half- 
 sister, half-brother, niece, nephew, who, at the time of 
 the accident, are dependent, in whole or in part, for their 
 support upon the earnings of the workman. Except 
 where otherwise provided by treaty, aliens, other than 
 father or mother, not residing within the United States 
 at the time of the accident, are not included. 
 
 Beneficiary means a husband, wife, child or depend- 
 ent of a workman, in whom shall vest a right to receive 
 payment under this act. 
 
 Invalid: means one who is physically or mentally in- 
 capacitated from earning. 
 
 The word "child," as used in this act, includes a post- 
 humous child, a child legally adopted prior to the injury, 
 and an illegitimate child legitimated prior to the injury. 
 
 Note by board. Includes a step-child. 
 
 The words injury or injured, as used in this act, re- 
 fer only to an injury resulting from some fortuitous 
 event as distinguished from the contraction of disease. 
 
 Note by board. Recent medical texts indicating that hernia
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 266 
 
 (rupture) ordinarily develops gradually, rarely as a result of 
 accident, the department rules that a workman in order to be 
 entitled to indemnity for hernia must clearly prove: 
 
 (1) The hernia is of recent origin; 
 
 (2) It must have been accompanied by pain; 
 
 (3) It must have been immediately preceded by some acci- 
 dental strain in the course of hazardous employment; 
 
 (4) There must be conclusive proof that it did not exist prior 
 to the date of the alleged injury. 
 
 In case the individual elects to be operated on, the above facts 
 being established, one month total disability only will be allowed 
 for recovery with compensation not to exceed 60% of wages in 
 addition to the scale lump sum. 
 
 In case he does not elect to be operated upon, and the hernia 
 becomes strangulated in the future, the results from said strangu- 
 lation will not be indemnified. 
 
 Sec. 4. Schedule of contribution. Insomuch as in- 
 dustry should bear the greater portion of the burden of 
 the cost of its accidents, each employer shall, prior to 
 January 15th of each year, pay into the State treasury, 
 in accordance with the following schedule, a sum equal 
 to a percentage of his total payroll for that year,* to- 
 wit: (the same being deemed the most accurate method 
 of equitable distribution of burden in proportion to rela- 
 tive hazard) : 
 
 Construction Work. 
 
 Tunnels; bridges; trestles; sub-aqueous works; ditches 
 and canals (other than irrigation without blasting) ; 
 dock excavation; fire escapes; sewers; house moving; 
 house wrecking .065 
 
 Iron, or steel frame structures or parts of structures .080 
 
 Electric light or power plants or systems; telegraph or 
 
 telephone systems; pile driving; steam railroads .050 
 
 Steeples, towers or grain elevators, not metal framed; dry- 
 docks without excavation; jetties; breakwaters; chim- 
 neys; marine railways; water-works or systems; electric 
 railways with rock work or blasting; blasting; erecting 
 fireproof doors or shutters .050 
 
 Steam heating plants; tanks, water towers or windmills, 
 
 not metal frames . .040 
 
 Shaft sinking .060 
 
 *Act amended before passage requiring payment each month 
 after Dec. 31, 1911, if funds on hand are deemed insufficient.
 
 267 WASHINGTON ACT. 124 
 
 Concrete buildings; freight or passenger elevators; fire- 
 proofing of buildings; galvanized iron or tin works; gas 
 works, or systems; marble, stone or brick work; road 
 making with blasting; roof work; safe moving; slate 
 work; outside plumbing work; metal smokestacks or 
 
 chimneys .050 
 
 Excavations not otherwise specified; blast furnaces .040 
 
 Street or other grading; cable or electric street railways 
 without blasting; advertising signs; ornamental metal 
 
 work in buildings .035 
 
 Ship or boat building or wrecking with scaffolds; floating 
 
 docks _. .045 
 
 Carpenter work not otherwise specified .035 
 
 Installation of steam boilers or engines; placing wire in. 
 conduits; installing dynamos; putting up belts for ma- 
 chinery; marble, stone or tile setting, inside work; man- 
 tel setting; metal ceiling work; mill or ship wrighting; 
 painting of buildings or structures; installation of auto- 
 matic sprinklers; ship or boat rigging; concrete laying 
 in floors, foundations or street paving; asphalt laying; 
 covering steam pipes or boilers; installation of machin- 
 ery not otherwise specified .030 
 
 Drilling wells; installing electrical apparatus or fire alarm 
 systems in buildings; house heating or ventilating sys- 
 tems; glass setting; building hot houses; lathing; paper 
 hanging; plastering; inside plumbing; wooden stair build- 
 ing; road making .020 
 
 The absence of power driven machinery does not exempt occu- 
 pations named in this subdivision, nor the small number of 
 employ6s engaged, nor the short time required to accomplish the 
 work. 
 
 Operation (including repair work) of 
 
 (All combinations of material take the higher rate when not 
 
 otherwise provided.) 
 
 Logging railroads; railroads; dredges; interurban electric 
 
 railroads using third rail system; dry or floating docks .050 
 
 Electric light or power plants; interurban electric railroads 
 
 not using third rail system; quarries .040 
 
 Street railways, all employes; telegraph or telephone sys- 
 tems; stone crushing; blasting furnaces; smelters; coal 
 mines; gas works; steamboats; tugs; ferries .030 
 
 Mines, other than coal; steam heating or power plants .025 
 
 Grain elevators; laundries; waterworks; paper or pulp 
 
 mills; garbage works -020
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 268 
 Factories Using Power-Driven Machinery. 
 
 Stamping tin or metal .045 
 
 Bridge work ; railroad car or locomotive making or repair- 
 ing; cooperage; logging with or without machinery; 
 saw mills; shingle mills; staves; veneer; box; lath; 
 packing cases; sash, door or blinds; barrel, keg; pail; 
 basket; tub; wooden ware or wooden fibre ware; rolling 
 mills; making steam shovels or dredges; tanks; water 
 towers; asphalt; building material not otherwise speci- 
 fied; fertilizer; cement; stone with or without machin- 
 ery; kindling wood; masts and spars with or without 
 Machinery; canneries, metal stamping extra; creosot- 
 ing works; pile treating works .025 
 
 Excelsior, iron, steel, copper, zinc, brass or lead articles or 
 wares not otherwise specified; working in wood not 
 otherwise specified; hardware; tile; brick; terra cotta; 
 fire clay; pottery; earthenware; porcelain ware; peat 
 fuel; brickettes .020 
 
 Breweries; bottling works; boiler works; foundries; ma- 
 chine shops not otherwise specified .020 
 
 Cordage; working in food stuffs, including oils, fruits and 
 vegetables; working in wool, cloth, leather, paper, 
 broom, brush, rubber or textiles not otherwise specified .015 
 
 Making jewelry, soap, tallow, lard, grease, condensed milk__ .015 
 
 Creameries; printing; electrotyping; photo-engraving; en- 
 graving; lithographing .015 
 
 Miscellaneous Work. 
 
 Stevedoring; longshoring .030 
 
 Operating stock yards, with or without railroad entry; 
 
 packing houses .025 
 
 Wharf operation; artificial ice, refrigerating or cold storage 
 plants; tanneries; electric systems not otherwise speci- 
 fied .020 
 
 Theater stage employe's .015 
 
 Fire works manufacturing .050 
 
 Powder works .100 
 
 The application of this act as between employers and 
 workmen shall date from and include the first day of 
 October, 1911. The payment for 1911 shall be made 
 prior to the day last named, and shall be preliminarily 
 collected upon the payroll of the last preceding three 
 months of operation. At the end of each year an ad- 
 justment of accounts shall be made upon the basis of the
 
 269 WASHINGTON ACT. 124 
 
 actual payroll. Any shortage shall be made good on or 
 before February 1st, following. Every employer who 
 shall enter into business at any intermediate day shall 
 make his payment for the initial year or portion thereof 
 before commencing operation; its amount shall be cal- 
 culated upon his estimated payroll, an adjustment shall 
 be made on or before February 1st of the following year 
 in the manner above provided. 
 
 Note by board. Preliminary payment on an estimated payroll 
 required of new establishments, thereafter as assessed. 
 
 An establishment or business permanently dismantled or aban- 
 doned does not forfeit its "unearned premiums," but is entitled to a 
 return of the excess payment by warrant against the Accident 
 Fund. (Opinion Attorney General, Jan. 9, 1912.) 
 
 For the purpose of such payments accounts shall be 
 kept with each industry in accordance with the classi- 
 fication herein provided and no class shall be liable for 
 the depletion of the accident fund from accidents hap- 
 pening in any other class. Each class shall meet and be 
 liable for the accidents occurring in such class. There 
 shall be collected from each class as an initial payment 
 into the accident fund as above specified on or before 
 the 1st day of October, 1911, one-fourth of the premium 
 of the next succeeding year, and one-twelfth thereof at 
 the close of each month after December, 1911: Pro- 
 vided, Any class having sufficient funds credited to its 
 account at the end of the first three months or any 
 month thereafter, to meet the requirements of the acci- 
 dent fund, that class shall not be called upon for such 
 month. In case of accidents occurring in such class 
 after lapsed payment or payments, said class shall pay 
 the said lapsed or deferred payments commencing at 
 the first lapsed payment, as may be necessary to meet 
 such requirements of the accident fund. 
 
 Note by board. The provision for non-assessment of premium 
 does not seem equitably to apply to owners and contractors in 
 construction work (Classes 1 to 9, inclusive). Continuous monthly 
 contribution is required to place operators in such work on the
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 270 
 
 same competitive plane as to bidding, advance ordering of material, 
 etc., each contract thus providing for its average quota of injuries. 
 The intent of the law is that each of the forty-seven funds be 
 automatic and self-adjusting. The rate is fixed; time of payment 
 varies with the need. The actual premium (percentage of payroll) 
 cannot be determined in advance. The proviso here was inserted 
 as an amendment to the original bill; the first paragraph of Sec. 4, 
 so far as inconsistent, to be disregarded. 
 
 The fund thereby created shall be termed the "ac- 
 cident fund" which shall be devoted exclusively to the 
 purpose specified for it in this act. 
 
 In that the intent is that the fund created under this 
 section shall ultimately become neither more nor less 
 than self-supporting, exclusive of the expense of admin- 
 istration, the rates in this section named are subject to 
 future adjustment by the legislature, and the classifica- 
 tions to rearrangement following any relative increase 
 or decrease of hazard shown by experience. 
 
 It shall be unlawful for the employer to deduct or 
 obtain any part of the premium required by this section 
 to be by him paid from the wages or earnings of his 
 workmen or any of them, and the making or attempt 
 to make any such deduction shall be a gross misde- 
 meanor.* If, after this act shall have come into opera- 
 tion, it is shown by experience under the act, because 
 of poor or careless management, any establishment or 
 work is unduly dangerous in comparison with other like 
 establishments or works, the department may advance 
 its classification of risks and premium rates in propor- 
 tion to the undue hazard. In accordance with the same 
 principle, any such increase in classification or premium 
 rate, shall be subject to restoration to the schedule rate. 
 Any such change in classification of risks or premium 
 rates, or any change caused by change in the class of 
 
 *Gross misdemeanor penalty, imprisonment in county jail not 
 more than one year, or by a fine not to exceed one thousand dollars 
 or both. Rem. and Bal. Code, Sec. 2267; Sec. 15, Chap. 249, Laws 
 1909. The workman contributes nothing under this act; see Sec. 
 24.
 
 WASHINGTON ACT. 124 
 
 work, occurring during the year shall, at the time of the 
 annual adjustment, be adjusted by the department in 
 proportion to its duration in accordance with the sched- 
 ule of this section. If, at the end of any year, it shall 
 be seen that the contribution to the accident fund by 
 any class of industry shall be less than the drain upon 
 the fund on account of that class, the deficiency shall be 
 made good to the fund on the 1st day of February of 
 the following year by the employers of that class in pro- 
 portion to their respective payments for the past year. 
 
 Note by board. Contribution by employe's to a Hospital Fund 
 of an establishment not prohibited by this section; such funds to 
 provide resident physician in remote camps, and procure first aid 
 and competent care in sickness and injury. See Sees. 12, 13, 24. 
 
 For the purposes of such payment and making good 
 of deficit the particular classes of industry shall be as 
 follows : 
 
 Construction Work. 
 
 Class 1. Tunnels; sewer; shaft sinking; drilling 
 wells. 
 
 Note by board. Includes all underground work of whatever 
 character in connection with sewer construction, includes tunnel- 
 ing and shafting and work at the entrances thereof; also such 
 work in open trenches exceeding six feet in depth, but not "excava- 
 tions" as hereinafter defined. 
 
 "Excavations," rate 4 per cent. : Ditches less than six feet deep ; 
 where deeper than six feet, width must exceed half of depth. 
 
 Class 2. Bridges; mill wrighting; trestles; steeples, 
 towers or grain elevators not metal framed; tanks; 
 water towers, windmills not metal framed. 
 
 Includes assembling of parts and erection; excludes fabrica- 
 tion, manufacture. See Class 27. 
 
 Class 3. Sub-aqueous works ; canal other than irri- 
 gation or docks with or without blasting; pile driving; 
 jetties; breakwaters; marine railways. 
 
 Includes dock excavations, 6% per cent. Ditches and canals, 
 other than irrigation without blasting, rate 6% per cent, where 
 deeper than six feet and in width less than half of depth.
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 272 
 
 Class 4. House moving; house wrecking; safe 
 moving. 
 
 Excludes ordinary operations of drayage and transfer com- 
 panies. 
 
 Includes moving boilers, heavy machinery, etc., 5 per cent. 
 
 Class 5. Iron or steel frame structures or parts of 
 structures; fire escapes; erecting fireproof doors or shut- 
 ters; blast furnaces; concrete chimneys; freight or pas- 
 senger elevators; fireproofing of buildings; galvanized 
 iron or tin work; marble, stone or brick work; roof 
 work; slate work; plumbing work; metal smokestacks 
 or chimneys; advertising signs; ornamental metal work 
 in buildings; carpenter work not otherwise specified; 
 marble, stone or tile setting; mantel setting; metal 
 ceiling work; painting of buildings or structures; con- 
 crete laying in floors or foundations; glass setting; build- 
 ing hot houses; lathing; paper hanging; plastering; 
 wooden stair building. 
 
 Includes building metal, concrete or brick chimneys, 5 per 
 cent.; construction of concrete buildings and tearing forms from 
 walls, 5 per cent.; outside plumbing, rate 5 per cent., includes 
 "roughing in," and side sewer work, except where underground; 
 inside plumbing, 2 per cent., includes installation of bath tubs, etc. 
 
 Excludes iron or steel bridge construction (Class 2), 6y 2 per 
 cent. 
 
 Class 6. Electric light and power plants or sys- 
 tems, telegraph or telephone systems; cable or electric 
 railways with or without rock work or blasting; water- 
 works or systems; steam heating plants; gas works or 
 systems; installation of steam boilers or engines; placing 
 wires in conduits; installing dynamos; putting up belts 
 for machinery; installation of automatic sprinklers; 
 covering steam pipes or boilers; installation of machin- 
 ery not otherwise specified; installing electrical appara- 
 tus or fire alarm systems in buildings; house heating or 
 ventilating systems. 
 
 Note by board. Includes placing wire in conduit, at 3 per 
 cent; blasting, 5 per cent; clearing land with blasting, 5 per
 
 273 WASHINGTON ACT. 124 
 
 cent.; installing furnaces in residences, etc., 2 per cent.; installa- 
 tion of machinery includes foundations for same. 
 
 Class 7. Steam railroads; logging railroads. 
 
 Note by board. Includes operation of logging and other steam 
 railroads, 5 per cent. 
 
 Class 8. Road-making; street or other grading; 
 concrete laying in street paving; asphalt laying. 
 
 Note by board. Includes road-making with blasting, 5 per 
 cent.; concrete sidewalk laying, 3 per cent.; plank road, street or 
 sidewalk construction or repair, 2 per cent.; new road grading 
 including clearing (without blasting), 2 per cent.; brick or block 
 paving and repair, 2 per cent. 
 
 Excludes maintenance of dirt roads without scrapers or ma- 
 chines. 
 
 Class 9. Ship or boat building with scaffolds; ship 
 wrighting; ship or boat rigging; floating docks. 
 
 Note by board. Includes construction of drydocks without 
 excavation, 5 per cent. 
 
 Operation (Including Repair Work) Of 
 
 Class 10. Logging; saw mills; shingle mills; lath 
 mills; masts and spars with or without machinery. 
 
 Note by board. Includes pilers, manual laborers and planers 
 on sawmill premises, and teamsters; stump-pulling with donkey 
 engines, 2y 2 per cent.; booming logs or driving ties, 2y 2 per cent. 
 
 Excludes retail lumber yards operating without machinery. 
 
 "Class 11" omitted by the legislature. 
 
 Class 12. Dredges; dry or floating docks. 
 
 Class 13. Electric light or power plants or sys- 
 tems; steam heat or power plants or systems; electric 
 systems not otherwise specified. 
 
 Note by board. Excludes elevators and individual steam heat- 
 ing plants in office buildings, hotels, apartment houses, residences, 
 retail and wholesale stores. (Opinion Attorney General, Sept. 8, 
 1911.) 
 
 Class 14. Street railways. 
 
 Note by board. Includes interurban electric railroads, with 
 third rail, 5 per cent.; without third rail, 4 per cent. 
 18 BOTDWC
 
 .124 WORKMEN'S COMPENSATION AND INSURANCE. '274 
 Class 15. Telegraph systems ; telephone systems. 
 
 Note by board. Includes line and repair work. 
 Excludes telephone and telegraph operators. 
 
 Class 16. Coal mines. 
 
 Note by board. Excludes office force only. 
 
 Class 17. Quarries; stone crushing; mines other 
 than coal. 
 
 Note by board. Excludes teamsters hauling gravel not sub- 
 jected to cave-in hazard or in contact with machinery. 
 
 Class 18. Blast furnaces'; smelters; rolling mills. 
 
 Class 19. Gas works. 
 
 Class 20. Steamboats; tugs; ferries. 
 
 Note by board. Admiralty Jurisdiction. See Sec. 18, note. 
 Class 21. Grain elevators. 
 
 Note by board* Includes flouring mills, 2 per cent.; grain 
 warehouses, chop and feed mills, 2 per cent. 
 
 Excludes threshing machine and hay haling outfits; merchan- 
 dise warehouses without machinery. 
 
 Class 22. Laundries. 
 
 Note by board. Excludes office force and drivers only. 
 
 Class 23. Water works. 
 Class 24. Paper or pulp mills. 
 Class 25. Garbage works; fertilizer. 
 
 Factories (Using Power-Driven Machinery). 
 
 Class 26. Stamping tin or metal. 
 
 Class 27. Bridge work; making steam shovels or 
 dredges; tanks; water towers. 
 
 Class 28. Railroad car or locomotive making or re- 
 pairing. 
 
 Class 29. Cooperage; staves; veneer; box; packing 
 cases; sash, door or blinds; barrel; keg; pail; basket; 
 tub ; wood ware or wood fibre ware ; kindling wood ; 
 excelsior; working in wood not otherwise specified.
 
 275 WASHINGTON ACT. 124 
 
 Note by board. Includes planers, if independently operated, 
 2% per cent. 
 
 Excludes teamsters in fuel yards not working around machines. 
 
 Class 30. Asphalt. 
 
 Class 31. Cement; stone with or without machin- 
 ery; building material not otherwise specified. 
 
 Note by board. Includes operation of gravel bunkers and 
 gravel haulers, lime burning, cutting paving blocks, rate 2% per 
 cent. 
 
 Class 32. Canneries of fruits or vegetables. 
 Class 33. Canneries of fish or meat products. 
 
 Note by board. Includes manufacturing dogfish oil, 2% per 
 cent.; contract work with third parties for pack at flat rate per 
 case, Oriental or white labor, factory owner ruled primarily 
 responsible. 
 
 Class 34. Iron, steel, copper, zinc, brass or lead 
 articles or wares; hardware; boiler works; foundries; 
 machine shops not otherwise specified. 
 
 Note by board. Includes beveling glass, rate 2% per cent. 
 
 Class 35. Tile; brick; terra cotta; fire clay; pot- 
 tery; earthenware; porcelain ware. 
 
 Note by board. Includes manufacture glass jars, insulators, 
 etc. 
 
 Class 36. Peat fuel ; brickettes. 
 Class 37. Breweries; bottling works. 
 
 Note by board. Includes brewery teamsters and helpers, man- 
 ufacture of ammonia and alcohol, 2 per cent. 
 
 Class 38. Cordage ; working in wool, cloth, leather, 
 paper, brush, rubber or textile not otherwise specified. 
 
 Note by board. Includes broom-making, 1% per cent. 
 
 Class 39. Working in food stuffs, including oils, 
 fruits, vegetables. 
 
 Note by board. Includes candy and cracker factories, exclud- 
 ing only drivers and office force.
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 276 
 
 Class 40. Condensed milk; creameries. 
 Class 41. Printing; electrotyping; photo-engrav- 
 ing; engraving; lithographing; making jewelry. 
 
 Note by board Includes linotypers, compositors, proof readers 
 and foremen in room with machinery or shafting; errand boys. 
 
 Excludes bookkeepers and office force, hand engravers not in 
 room with machinery. 
 
 Class 42. Stevedoring; longshoring; wharf opera- 
 tion. 
 
 Class 43. Stock yards ; packing houses ; making 
 soap, tallow, lard, grease; tanneries. 
 
 Class 44. Artificial ice, refrigerating or cold stor- 
 age plants. 
 
 Note by board. Excludes refrigerators of retail meat markets, 
 etc. 
 
 Includes ice wagon drivers and helpers. 
 
 Class 45. Theater stage employes. 
 
 Note by board. Excludes moving picture operators. 
 
 Class 46. Fire works manufacturing; powder 
 works. 
 
 Class 47. Creosoting works ; pile treating works. 
 
 Note by board. Class 48 created August 14, 1911. Includes all 
 funds derived from "elective non-hazardous" employments. 
 
 If a single establishment or work comprises several 
 occupations listed in this section in different risk classes, 
 the premium shall be computed according to the payroll 
 of each occupation if clearly separable; otherwise an 
 average rate of premium shall be charged for the entire 
 establishment, taking into consideration the number of 
 employes and the relative hazards. If an employer 
 besides employing workmen in extra hazardous em- 
 ployment shall also employ workmen in employments 
 not extra hazardous the provisions of this act shall apply 
 only to the extra hazardous departments and employ- 
 ments and the workmen employed therein. In com- 
 puting the payroll the entire compensation received by
 
 277 WASHINGTON ACT. 124 
 
 every workman employed in extra hazardous employ- 
 ment shall be included, whether it be in the form of 
 salary, wage, piece work, overtime, or any allowance in 
 the way of profit-sharing, premium or otherwise, and 
 whether payable in money, board, or otherwise. 
 
 Note by board. The hazard of the business or enterprise 
 determines the application of the act rather than the degree of 
 hazard which the individual workman is subjected to. Hazardous 
 departments are the unit of contribution, even though embracing 
 employe's rarely in danger of injury. (Opinion Attorney-General, 
 Sept. 8, 1911.) 
 
 Ruled outside the scope of the act: Operation and mainten- 
 ance of elevators and individual steam heating plants in office 
 buildings, hotels, apartment houses, residences, retail stores, etc. 
 Farm hands grubbing stumps even with blasting powder as an 
 incident to the business of farming, not within the act. 
 
 The premium of any establishment given an average rate is 
 credited pro rata to the respective classes represented by the 
 department payrolls. 
 
 Sec. 5. Schedule of Awards. Each workman who 
 shall be injured whether upon the premises or at the 
 plant or, he being in the course of his employment, 
 away from the plant of his employer, or his family or 
 dependents in case of death of the workman, shall re- 
 ceive out of the accident fund compensation in accord- 
 ance with the following schedule, and, except as in this 
 act otherwise provided, such payment shall be in lieu 
 of any and all rights of action whatsoever against any 
 person whomsoever. 
 
 Note by board. Compensation is payable whenever four facts 
 appear, namely: 
 
 (1) The business of the employer was within the scope of 
 this act; 
 
 (2) The employe was injured; 
 
 (3) Such injury occurred out of and incidental to his em- 
 ployment; 
 
 (4) Such injury was not caused by wilful misconduct It 
 makes no difference whose fault it was or who was to blame. It is 
 sufficient that the industry caused the injury. 
 
 The finding of the department of the non-existence of any one 
 of the facts above enumerated would result in the denial of an
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 278 
 
 award, and in such case an appeal is allowed, as provided in 
 section 20. 
 
 Compensation Schedule. 
 
 (a) Where death results from the injury the ex- 
 penses of burial shall be paid in all cases, not to exceed 
 $75.00 in any case, and, 
 
 (1) If the workman leaves a widow or invalid wid- 
 ower, a monthly payment of $20.00 shall be made 
 throughout the life of the surviving spouse, to cease at 
 the end of the month in which remarriage shall occur; 
 and the surviving spouse shall also receive $5.00 per 
 month for each child of the deceased under the age of 
 sixteen years at time of the occurrence of the injury un- 
 til such minor child shall reach the age of sixteen years, 
 but the total monthly payment uner this paragraph (1) 
 of subdivision (a) shall not exceed $35.00. Upon remar- 
 riage of a widow she shall receive, once and for all, a 
 lump sum equal to twelve times her monthly allowance, 
 viz., the sum of $240.00, but the monthly payment for 
 the child or children shall continue as before. 
 
 (2) If the workman leaves no wife or husband, but 
 a child or children under the age of sixteen years, a 
 monthly payment of $10.00 shall be made to each such 
 child until such child shall reach the age of sixteen years, 
 but the total monthly payment shall not exceed $35.00, 
 and any deficit shall be deducted proportionately among 
 the beneficiaries. 
 
 (3) If the workman leaves no widow, widower, or 
 child under the age of sixteen years, but leaves a de- 
 pendent or dependents, a monthly payment shall be 
 made to each dependent equal to fifty per cent, of the 
 average monthly support actually received by such de- 
 pendent from the workman during the twelve months 
 next preceding the occurrence of the injury, but the 
 total payment to all dependents in any case shall not 
 exceed $20.00 per month. If any dependent is under 
 the age of sixteen years at the time of the occurrence
 
 279 WASHINGTON ACT. 124 
 
 of the injury, the payment to such dependent shall cease 
 when such dependent shall reach the age of sixteen 
 years. The payment to any dependent shall cease if and 
 when, under the same circumstances, the necessity 
 creating the dependency would have ceased if the injury 
 had not happened. 
 
 If the workman is under the age of twenty-one years 
 and unmarried at the time of his death, the parents or 
 parent of the workman shall receive $20.00 per month 
 for each month after his death until the time at which he 
 would have arrived at the age of twenty-one years. 
 
 Jfote by board. The rule existing at the time of the passage of 
 this act was that parents of a minor workman were not entitled to 
 damages for his death, even though actually dependent, recovery 
 being limited to the loss of his services during minority. The 
 above provision is the exclusive compensation to be allowed for the 
 death of an unmarried minor workman. (Opinion Attorney Gen- 
 eral, Jan. 9, 1912.) 
 
 The reserve to be set apart under this provision is the present 
 value of the series of monthly payments to be made. Ibid. 
 
 (4) In the event a surviving spouse receiving 
 monthly payments shall die, leaving a child or children 
 under the age of sixteen years, the sum he or she shall 
 be receiving on account of such child or children shall 
 be thereafter, until such child shall arrive at the age of 
 sixteen years, paid to the child increased 100 per cent., 
 but the total to all children shall not exceed the sum of 
 thirty-five dollars per month. 
 
 (b) Permanent total disability means the loss of 
 both legs or both arms, or one leg and one arm, total 
 loss of eyesight, paralysis or other condition perma- 
 nently incapacitating the workman from performing any 
 work at any gainful occupation. 
 
 When permanent total disability results from the 
 injury the workman shall receive monthly during the 
 period of such disability: 
 
 (1) If unmarried at the time of the injury, the sum 
 of $20.00.
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 280 
 
 (2) If the workman have a wife or invalid husband, 
 but no child under the age of sixteen years, the sum of 
 $25.00. If the husband is not an invalid, the monthly 
 amount of $25.00 shall be reduced to $15.00. 
 
 (3) If the workman have a wife or husband and/ a 
 child or children under the age of sixteen years, or, be- 
 ing a widow or widower, have any such child or chil- 
 dren, the monthly payment provided in the preceding 
 paragraph shall be increased by five dollars for each 
 such child until such child shall arrive at the age of six- 
 teen years, but the total monthly payment shall not ex- 
 ceed thirty-five dollars. 
 
 (c) If the injured workman die during the period 
 of total disability, whatever the cause of death, leaving 
 a widow, invalid widower or child under the age of 
 sixteen years, the surviving widow or invalid widower 
 shall receive twenty dollars per month until death or re- 
 marriage, to be increased five dollars per month for 
 each child under the age of sixteen years until such child 
 shall arrive at the age of sixteen years ; but if such child 
 is or shall be without father or mother, such child shall 
 receive ten dollars per month until arriving at the age of 
 sixteen years. The total combined monthly payment 
 under this paragraph shall in no case exceed thirty-five 
 dollars. Upon remarriage the payments on account of 
 a child or children shall continue as before to the child 
 or children. 
 
 (d) When the total disability is only temporary, 
 the schedule of payment contained in paragraphs (1), 
 (2) and (3) of the foregoing subdivision (b) shall apply 
 so long as the total disability shall continue, increased 
 50 per cent, for the first six months of such continuance, 
 but in no case shall the increase operate to make the 
 monthly payment exceed sixty per cent, of the monthly 
 wage (the daily wage multiplied by twenty-six) the 
 workman was receiving at the time of his injury. As 
 soon as recovery is so complete that the present earning
 
 28 1 WASHINGTON ACT. 124 
 
 power of the workman, at any kind of work, is restored 
 to that existing at the time of the occurrence of the in- 
 jury the payments shall cease. If and so long as the 
 present earning power is only partially restored the pay- 
 ments shall continue in the proportion which the new 
 earning power shall bear to the old. No compensation 
 shall be payable out of the accident fund unless the loss 
 of earning power shall exceed five per cent. 
 
 Note by board. Maximum Monthly Awards Under Sec. 5, 
 Paragraph (d). 
 
 
 
 d 
 
 - 
 
 
 
 
 c ~ 
 
 Injured Worker jg 
 
 2 
 
 -o 
 
 o a> 
 
 a 2 
 
 o 
 
 2 
 
 2 
 
 
 
 
 o 
 
 O 
 
 o 2 
 
 Having able-bodied husband $22 50 $30 00 $37 50 $45 00 
 
 Unmarried . 30 00 
 
 Having wife or invalid husband 37 50 45 00 52 50 52 50 
 
 Widow or widower 30 00 37 50 45 00 52 50 
 
 To establish a valid claim under this section, the injured work- 
 man need not be so helpless as to require the assistance of a nurse, 
 but there must be professional certification of his being entirely 
 incapable of doing any gainful work, for a period of time resulting 
 in a loss of not less than 5 per cent, of his monthly wage. 
 
 Awards under this paragraph for a temporary period, paid 
 monthly or otherwise, not to be deducted from awards for dismem- 
 berment or "permanent partial disability" provided in subdivision 
 (f). (Opinion Attorney-General, Dec. 12, 1911.) 
 
 The award of 50 per cent, increase over the rates scheduled in 
 subdivision (b) may be paid monthly or at the termination of the 
 disability. Ibid. 
 
 The Opinion of Attorney-General: A stevedore who was totally 
 temporarily disabled for a period of seventeen days and was 
 divorced three years ago but had evidently paid $200 alimony during . 
 that time. Held that the workman was unmarried at the time of 
 his injury, and consequently that his compensation can not be 
 increased by reason of a legal obligation to contribute to the support 
 of his former wife. 
 
 (e) For every case of injury resulting in death or 
 permanent total disability it shall be the duty of the 
 department to forthwith notify the state treasurer, and
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 282 
 
 he shall set apart out of the accident fund a sum of 
 money for the case, to be known as the estimated lump 
 value of the monthly payments provided for it, to be 
 calculated upon the theory that a monthly payment of 
 twenty dollars, to a person thirty years of age, is equal 
 to a lump sum payment, according to the expectancy of 
 life as fixed by the American Mortality Table, of four 
 thousand dollars, but the total in no case to exceed the 
 sum of four thousand dollars. The state treasurer shall 
 invest said sum at interest in the class of securities pro- 
 vided by law for the investment of the permanent school 
 fund, and out of the same and its earnings shall be paid 
 the monthly installments and any lump sum payment 
 then or thereafter arranged for the case. Any deficiency 
 shall be made good out of, and any balance or overplus 
 shall revert to the accident fund. The state treasurer 
 shall keep accurate account of all such segregations of 
 the accident fund, and may borrow from the main fund 
 to meet monthly payments pending conversion into 
 cash of any security, and in such case shall repay such 
 temporary loan out of the cash realized from the se- 
 curity. 
 
 Note by board. "The industries of today shall provide for the 
 accidents of today." The reserve to guarantee the continuance of 
 the pensions provided, "set apart for a beneficiary over thirty years 
 of age should be the proportionate part of $4,000, determined by the 
 relation of the expectancy of the life of the beneficiary to the ex- 
 pectancy of one thirty years of age." (Opinion Attorney-General, 
 Jan. 9, 1912.) 
 
 To the reserve of a widow is added a reserve for children under 
 16, but not to exceed $4,000 set apart "for the case." Ibid. 
 
 Expectancy of life: Age 30, 35.33 years; 40, 28.18 years; 50, 20.91 
 years; 60, 14.10 years; 70, 8.48 years. 
 
 See Insurance Code, Sec. 92, Chap. 49, Laws 1911. 
 
 Payment of warrants by employer, see Sec. 26. 
 
 (f) Permanent partial disability means the loss of 
 either one foot, one leg, one hand, one arm, one eye, one 
 or more fingers, one or more toes, any dislocation where 
 ligaments are severed, or any other injury known in sur-
 
 283 WASHINGTON ACT. 124 
 
 gery to be permanent partial disability. For any perma- 
 nent partial disability resulting from an injury, the 
 workman shall receive compensation in a lump sum in 
 an amount equal to the extent of the injury, to be de- 
 cided in the first instance by the department, but not in 
 any case to exceed the sum of $1,500. The loss of one 
 major arm at or above the elbow shall be deemed the 
 maximum permanent partial disability. Compensation 
 for any other permanent partial disability shall be in the 
 proportion which the extent of such disability shall bear 
 to the said maximum. If the injured workman be under 
 the age of twenty-one years and unmarried, the par- 
 ents or parent shall also receive a lump sum payment 
 equal to ten per cent, of the amount awarded the minor 
 workman. 
 
 Note by board. Award hereunder dependent upon surgical dis- 
 charge and proofs when the extent of the injury is determinate. 
 See Subd. (d). A lump sum will not be paid where total disability 
 is probable, but monthly allowances under (d). 
 
 Awards made under this section are according to a surgical scale 
 of relative impairment of earning capacity. Previous wages or 
 specialized value of lost members can not be considered. While the 
 workman may not get full "compensation," he will always get some 
 compensation, without expense to him and at a time when he most 
 needs it. 
 
 (g) Should a further accident occur to a workman 
 already receiving a monthly payment under this section 
 for a temporary disability, or who has been previously 
 the recipient of a lump sum payment under this act, his 
 future compensation shall be adjusted according to the 
 other provisions of this section and with regard to the 
 combined effect of his injuries, and his past receipt of 
 money under this act. 
 
 (h) If aggravation, diminution, or termination of 
 disability takes place or be discovered after the rate of 
 compensations shall have been established or compensa- 
 tion terminated in any case the department may, upon 
 the application of the beneficiary or upon its own mo-
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 284 
 
 tion, readjust for future application the rate of compen- 
 sation in accordance with the rules in this section pro- 
 vided for the same, or in a proper case terminate the 
 payments. 
 
 (i) A husband or wife of an injured workman, liv- 
 ing in a state of abandonment for more than one year 
 at the time of the injury or subsequently, shall not be a 
 beneficiary under this act. 
 
 Note by board. Payments provided in subdivisions (b) and (d) 
 modified when the above family condition exists. 
 
 (j) If a beneficiary shall reside or remove out of 
 the state the department may, in its discretion, convert 
 any monthly payments provided for such case into a 
 lump sum payment (not in any case to exceed $4,000.00) 
 upon the theory, according to the expectancy of life as 
 fixed by the American Mortality Table, that a monthly 
 payment of $20.00 to a person thirty years of age is 
 worth $4,000.00, or, with the consent of the beneficiary, 
 for a smaller sum. 
 
 Tfote by board. See Sec. 7, note. 
 
 (k) Any court review under this section shall be 
 initiated in the county where the workman resides or 
 resided at the time of the injury, or in which the injury 
 occurred. 
 
 Sec. 6. Intentional Injuries Status of Minors. If 
 injury or death results to a workman from the deliberate 
 intention of the workman himself to produce such in- 
 jury or death, neither the workman nor the widow, 
 widower, child or dependent of the workman shall re- 
 ceive any payment whatsoever out of the accident fund. 
 If injury or death results to a workman from the delibe- 
 rate intention of his employer to produce such injury or 
 death, the workman, the widow, widower, child or de- 
 pendent of the workman shall have the privilege to take 
 under this act and also have cause of action against the 
 employer, as if this act had not been enacted, for any
 
 285 WASHINGTON ACT. 124 
 
 excess of damage over the amount received or receiv- 
 able under this act. 
 
 A minor working at an age legally permitted under 
 the laws of this state shall be deemed sui juris for the 
 purpose of this act, and no other person shall have any 
 cause of action or right to compensation for an injury 
 to such minor workman except as expressly provided 
 in this act, but in the event of a lump sum payment be- 
 coming due under this act to such minor workman, the 
 management of the sum shall be within the probate 
 jurisdiction of the courts the same as other property of 
 minors. 
 
 Note by board. Where lump sums awarded amount to a suffi- 
 cient fund to reasonably justify investment, a guardian to be ap- 
 pointed. 
 
 Sec. 7. Conversion Into Lump Sum Payment. In 
 case of death or permanent total disability the monthly 
 payment provided may be converted, in whole or in 
 part, into a lump sum payment (not in any case to ex- 
 ceed $4,000.00), on the theory, according to the expect- 
 ancy of life as fixed by the American Mortality Table, 
 that a monthly payment of $20.00 to a person thirty 
 years of age is worth the sum of $4,000.00, in which 
 event the monthly payment shall cease in whole or in 
 part accordingly or proportionately. Such conversion 
 may only be made after the happening of the injury and 
 upon the written application of the beneficiary (in case 
 of minor children, the application may be by either 
 parent) to the department, and shall rest in the discre- 
 tion of the department. Within the rule aforesaid the 
 amount and value of the lump sum payment may be 
 agreed upon between the department and the benefi- 
 ciary. 
 
 Note by board. The power here given to the department will, as 
 a matter of policy, be seldom exercised, as in practically all cases 
 It is better for the beneficiaries to receive the award to which they 
 are entitled in installments at stated intervals, rather than in a 
 lump sum. The reasons for this are obvious.
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 286 
 
 Sec. 8. Defaulting Employers. If any employer 
 shall default in any payment to the accident fund here- 
 inbefore in this act required, the sum due shall be col- 
 lected by action at law in the name of the state as plain- 
 tiff, and such right of action shall be in addition to any 
 other right of action or remedy. In respect to any in- 
 jury happening to any of his workmen during the period 
 of any default in the payment of any premium under 
 section 4, the defaulting employer shall not, if such de- 
 fault be after demand for payment, be entitled to the 
 benefits of this act, but shall be liable to suit by the in- 
 jured workman (or the husband, wife, child or depen- 
 dent of such workman in case death result from the acci- 
 dent), as he would have been prior to the passage of this 
 act. 
 
 In case the recovery actually collected in such suit 
 shall equal or exceed the compensation to which the 
 plaintiff therein would be entitled under this act, the 
 plaintiff shall not be paid anything out of the accident 
 fund; if the said amount shall be less than such com- 
 pensation under this act, the accident fund shall contri- 
 bute the amount of the deficiency. The person so en- 
 titled under the provisions of this section to sue shall 
 have the choice (to be exercised before suit) of pro- 
 ceeding by suit or taking under this act. If such person 
 shall take under this act, the cause of action against the 
 employer shall be assigned to the state for the benefit 
 of the accident fund. In any suit brought upon such 
 cause of action the defense of fellow servant and as- 
 sumption of risk shall be inadmissible, and the doctrine 
 of comparative negligence shall obtain. Any such cause 
 of action assigned to the state may be prosecuted or 
 compromised by the department in its discretion. Any 
 compromise by the workman of any such suit, which 
 would leave a deficiency to be made good out of the 
 accident fund, may be made only with the written ap- 
 proval of the department.
 
 287 WASHINGTON ACT. 124 
 
 Note by board The defaulting employer can not avail himself 
 of the "common law" defenses, which have been so effective in de- 
 feating personal injury claims heretofore, where the fact of the in- 
 jury to his employ^ is not contested. 
 
 These defenses now abolished, commonly referred to as "con- 
 tributory negligence," "assumption of risk," and "fellow servant 
 rule," are: 
 
 1. That the employe was not, when injured, in the exercise of 
 due care, or was guilty of contributory negligence; 
 
 2. That the injury received by the employ^ was one of the 
 ordinary risks incident to the contract of employment; 
 
 3. That the injury was the result of the negligence of a fellow 
 servant. 
 
 It will thus be seen that by the common-law rule the employs 
 assumes all of the ordinary risks incident to his employment, and 
 that his employer is only liable when he is guilty of negligence and 
 the employs is wholly free from negligence and his injury was not 
 caused by the negligence of a fellow servant. 
 
 Under this section employers who have not contributed to the 
 state insurance fund are deprived of the common-law defenses, and 
 it would seem that the only effective defense available in an action 
 for damages for an alleged injury occurring to an employe in the 
 course of his employment would be that no injury in fact had been 
 sustained, or that the injury received was self-inflicted or that the 
 employer was himself free from fault. The amount of the recovery 
 should be determined by the "comparative negligence" of all parties. 
 
 The injured employe once having exercised his option, the deci- 
 sion is final and may not be withdrawn. 
 
 Sec. 9. Employer's Responsibility for Safeguard. 
 If any workman shall be injured because of the absence 
 of any safeguard or protection required to be provided 
 or maintained by, or pursuant to, any statute or ordi- 
 nance, or any departmental regulation under any statute, 
 or be, at the time of the injury, of less than the maxi- 
 mum age prescribed by law for the employment of a 
 minor in the occupation in which he shall be engaged 
 when injured, the employer shall, within ten days after 
 demand therefor by the department, pay into the acci- 
 dent fund, in addition to the same required by section 4 
 to be paid: 
 
 (a) In case the consequent payment to the work-
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 288 
 
 man out of the accident fund be a lump sum, a sum 
 equal to 50 per cent, of that amount. 
 
 (b) In case the consequent payment to the work- 
 man be payable in monthly payments, a sum equal to 50 
 per cent, of the lump value of such monthly payment, 
 estimated in accordance with the rule stated in section 7. 
 
 Note by board A boy under 14 years of age, or a girl under 16 
 years, may not be employed in dangerous trades without written per- 
 mit from superior court. (Sec. 2447, Rem. and Bal. Code.) Children 
 under 15 may not be so employed while school is in session. (Sec. 
 4715, Rem. and Bal. Code.) 
 
 See Sec. 30 herein. Sec. 2446, Rem. and Bal. Code ruled not 
 applicable to factories. 
 
 The foregoing provisions of this act shall not apply 
 to the employer if the absence of ^uch guard or protec- 
 tion be due to the removal thereof by the injured work- 
 man himself or with his knowledge by any of his fellow 
 workmen, unless such removal be by order or direction 
 of the employer or superintendent or foreman of the 
 employer, or any one placed by the employer in control 
 or direction of such workman. If the removal of such 
 guard or protection be by the workman himself or with 
 his consent by any of his fellow workmen, unless done 
 by order or direction of the employer or the superin- 
 tendent or foreman of the employer, or any one placed 
 by the employer in control, or direction of such work- 
 men, the schedule of compensation provided in section 
 5 shall be reduced 10 per cent, for the individual case of 
 such workman. 
 
 Sec. 10. Exemption of Awards. No money paid or 
 payable under this act out of the accident fund shall, 
 prior to issuance and delivery of the warrant therefor, 
 be capable of being assigned, charged, nor ever be taken 
 in execution or attached or garnished, nor shall the same 
 pass to any other person by operation of law. Any such 
 assignment or charge shall be void. 
 
 Note by board This section is necessary in order to protect the
 
 289 WASHINGTON ACT. 124 
 
 injured employe" and his dependents. If the claim were made as- 
 signable he could sell it for a small sum, and thus deprive his de- 
 pendents of benefits to which they are entitled. The compensation 
 also is made exempt from his debts on the same principle that 
 wages now are made exempt. The justice and fairness of this 
 should be conceded by all. 
 
 Sec. 11. Non-Waiver of Act by Contract. No em- 
 ployer or workman shall exempt himself from the bur- 
 den or waive the benefits of this act by any contract, 
 agreement, rule or regulation, and any such contract, 
 agreement, rule or regulation shall be pro tanto void. 
 
 Sec. 12. Filing Claim for Compensation. (a) 
 Where a workman is entitled to compensation under 
 this act he shall file with the department, his application 
 for such, together with the certificate of the physician 
 who attended him, and it shall be the duty of the physi- 
 cian to inform the injured workman of his rights under 
 this act and to lend all necessary assistance in making 
 this application for compensation and such proof of 
 other matters as required by the .rules of the department 
 without charge to the workman. 
 
 Note by board The physician's report is a duty to the state; no 
 payment is allowed therefor. Charge for professional services ren- 
 dered a workman is his personal debt, unless the employer con- 
 tracted to pay the same. See Sec. 24, 4, 7. 
 
 (b) Where death results from injury the parties 
 entitled to compensation under this act, or some one in 
 their behalf, shall make application for the same to the 
 department, which application must be accompanied 
 with proof of death and proof of relationship showing 
 the parties to be entitled to compensation under this 
 act, certificates of attending physician, if any, and such 
 other proof as required by the rules of the department. 
 
 (c) If change of circumstances warrant an increase 
 or rearrangement of compensation, like application shall 
 be made therefor. No increase or rearrangement shall 
 be operative for any period prior to application therefor. 
 
 (d) No application shall be valid or claim there- 
 
 19 BOYD W C
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 290 
 
 under enforceable unless filed within one year after the 
 day upon which the injury occurred or the right thereto 
 accrued. 
 
 i Note by board All blanks necessary in the judgment of the de- 
 partment for the administration of the law are furnished free of 
 cost to all employers and employe's coming within the purview of 
 the act. 
 
 Sec. 13. Medical Examination. Any workman en- 
 titled to receive compensation under this act is required, 
 if requested by the department, to submit himself for 
 medical examination at a time and from time to time at 
 a place reasonably convenient for the workman and as 
 may be provided by the rules of the department. If the 
 workman refuses to submit to any such examination, or 
 obstructs the same, his rights to monthly payments 
 shall be suspended until such examination has taken 
 place, and no compensation shall be payable during or 
 for account of such period. 
 
 Note by board Refusal to submit to examination where a lump 
 sum award is anticipated will be prima facie cause for rejection 
 of claim which may be filed within the year. 
 
 Sec. 14. Notice of Accident. Whenever any acci- 
 dent occurs to any workman it shall be the duty of the 
 employer to at once report such accident and the injury 
 resulting therefrom to the department, and also to any 
 local representative of the department. Such report 
 shall state: 
 
 1. The time, cause and nature of the accident and 
 injuries, and the probable duration of the injury result- 
 ing therefrom. 
 
 2. Whether the accident arose out of or in the 
 course of the injured person's employment. 
 
 3. Any other matters the rules and regulations of 
 the department may prescribe. 
 
 Note by board "Every person who, after due notice, shall re- 
 fuse or neglect to make or furnish any statement, report or infor- 
 mation lawfully required of him by any public officer, or who, in
 
 WASHINGTON ACT. 124 
 
 such statement, report or information shall make any wilfully un- 
 true, misleading or exaggerated statement, or who shall wilfully 
 hinder, delay or obstruct any public officer in the discharge of his 
 official powers or duties, shall be guilty of a misdemeanor." Rem. 
 and Bal. Code, Sec. 2672; Sec. 420, Chap. 249, Laws 1909. 
 
 Sec. 15. Inspection of Employer's Books. The 
 books, records and payrolls of the employer pertinent to 
 the administration of this act shall always be open to 
 inspection by the department or its traveling auditor, 
 agent, or assistant, for the purpose of ascertaining the 
 correctness of the payroll, the men employed, and such 
 other information as may be necessary for the depart- 
 ment and its management under this act. Refusal on 
 the part of the employer to submit said books, records 
 and payrolls for such inspection to any member of the 
 commission, or any assistant presenting written author- 
 ity from the commission, shall subject the offending em- 
 ployer to a penalty of one hundred dollars for each of- 
 fense, to be collected by civil action in the name of the 
 state and paid into the accident fund, and the individual 
 who shall personally give such refusal shall be guilty of 
 a misdemeanor. 
 
 Note by board. Misdemeanor Penalty, imprisonment in county 
 jail not to exceed 90 days, or by a fine not to exceed $250.00. Rem. 
 and Bal. Code, Sec. 2266; Sec. 14, Chap. 249, Laws 1909. 
 
 Sec. 16. Penalty for Misrepresentation as to Pay- 
 roll. Any employer who shall misrepresent to the de- 
 partment the amount of payroll upon which the prem- 
 ium under this act is based shall be liable to the state in 
 ten times the amount of the difference in premium paid 
 and the amount the employer should have paid. The 
 liability to the State under this section shall be enforced 
 in a civil action in the name of the State. All sums col- 
 lected under this section shall be paid into the accident 
 fund. 
 
 Sec. 17. Public and Contract Work. Whenever 
 the State, county or any municipal corporation shall en-
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 292 
 
 gage in any extra hazardous work in which workmen 
 are employed for wages, this act shall be applicable 
 thereto. The employer's payments into the accident 
 fund shall be made from the treasury of the State, 
 county or municipality. If said work is being done by 
 contract, the payroll of the contractor and the sub-con- 
 tractor shall be the basis of computation, and in the case 
 of contract work consuming less than one year in per- 
 formance the required payment into the accident fund 
 shall be based upon the total payroll. The contractor 
 and any sub-contractor shall be subject to the provisions 
 of the act, and the State for its general fund, the county 
 or municipal corporation shall be entitled to collect from 
 the contractor the full amount payable to the accident 
 fund, and the contractor, in turn shall be entitled to col- 
 lect from the sub-contractor his proportionate amount of 
 the payment. The provisions of this section shall apply 
 to all extra hazardous work done by contract, except 
 that in private work the contractor shall be responsible, 
 primarily and directly, to the accident fund for the prop- 
 er percentage of the total payroll of the work and the 
 owner of the property affected by the contract shall be 
 surety for such payments. Whenever and so long as, 
 by State law, city charter or municipal ordinance, pro- 
 vision is made for municipal employes injured in the 
 course of employment, such employes shall not be en- 
 titled to the benefits of this act and shall not be included 
 
 in the payroll of the municipality under this act. 
 in oh'. J >, -)iff oj -j!- ' 
 
 Note by board Payments into the Accident Fund to be made out 
 of the treasury of the city, county, school, port or drainage district; 
 abstract of contractors' payrolls, as well as of the direct employe's 
 in hazard, to be forwarded to the department monthly. The public 
 corporation is entitled (if it so elect) to recoup from the contractor. 
 Contractors in such work required to file payrolls monthly with the 
 city, etc. 
 
 No distinction in rate or assessment can be made between con- 
 tractors, or others, in public or private work. The same premium 
 and necessity of contribution apply, determined by the payroll of
 
 293 WASHINGTON ACT. 124 
 
 employes, hazard, accident experience of the class, and sound dis- 
 cretion of the department. 
 
 Contractors engaged in work for the federal government: 
 Where the United States acquired land by purchase for its own 
 use, this act is not applicable to such works and occupations as 
 may be carried on within the confines of such land. (Opinion At- 
 torney-General, Sept. 20, 1911.) 
 
 An expert rendering service at time rates is an independent con- 
 tractor only where he fixes the condition of work and hazard. 
 
 Sec. 18. Interstate Commerce. The provisions of 
 this act shall apply to employers and workmen engaged 
 in intrastate, state and also in interstate or foreign com- 
 merce, for whom a rule of liability or method of com- 
 pensation has been or may be established by the Con- 
 gress of the United States, only to the extent that their 
 mutual connection with intrastate work may and shall 
 be clearly separable and distinguishable from interstate 
 or foreign commerce, except that any such employer 
 and any of his workmen working only in this State may, 
 with the approval of the department, and so far as not 
 forbidden by any act of Congress, voluntarily accept the 
 provisions of this act by filing written acceptances with 
 the department. Such acceptances, when filed with and 
 approved by the department, shall subject the acceptors 
 irrevocably to the provisions of this act to all intents and 
 purposes as if they had been originally included in its 
 terms. Payment of premium shall be on the basis of the 
 payroll of the workmen who accept as aforesaid. 
 
 Note by board "The state legislature is without power to pre- 
 . scribe an exclusive remedy," where an injured seaman has the 
 right of relief in admiralty. Act limited in compulsory operation 
 "to vessels operating upon the navigable waters of the state with- 
 out any navigable outlet to any other state or country." (Opinion 
 Attorney-General, Oct. 28, 1911); Of. The Genesee Chief, 12 How. 
 457 ; West v. Martin, 51 Wash. 85. 
 
 Loading or unloading at wharf, see The Mary Garrett, 63 Fed. 
 1011; Herman v. Port Blakely Mill Co., 69 Fed. 646. 
 
 Interstate commerce, see Southern Ry. Co. v. U. S. Sup. Ct., Oct 
 30, 1911, 164 Fed. 347 ; Zikos v. O. E. & N. Co., 179 Fed. 893. 
 
 Sec. 19. Elective Adoption of Act. Any employer
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 294 
 
 and his employes engaged in works not extra hazardous 
 may, by their joint election, filed with the department, 
 accept the provisions of this act, and such acceptances, 
 when approved by the department, shall subject them 
 irrevocably to the provisions of this act to all intents 
 and purposes as if they had been originally included in 
 its terms. Ninety per cent, of the minimum rate speci- 
 fied in section 4 shall be applicable to such case until 
 otherwise provided by law. 
 
 Note by board Elective non-hazardous industries or occupa- 
 tions segregated into Class 48 at rate of $1.35 per $100.00 of payroll. 
 (Opinion Attorney-General, Sept. 16, 1911.) 
 
 Sec. 20. Court Review. Any employer, workman, 
 beneficiary, or person feeling aggrieved at any decision 
 of the department affecting his interests under this act 
 may have the same reviewed by a proceeding for that 
 purpose, in the nature of an appeal, initiated in the su- 
 perior court of the county of his residence (except as 
 otherwise provided in subdivisions (1) of section num- 
 bered 5) in so far as such decision rests upon questions 
 of fact, or on the proper application of the provisions of 
 this act, it being the intent that matters resting in the 
 discretion of the department shall not be subject to re- 
 view. The proceedings in every such appeal shall be 
 informal and summary, but full opportunity to be heard 
 shall be had before judgment is pronounced. No such 
 appeal shall be entertained unless notice of appeal shall 
 have been served by mail or personally upon some mem- 
 ber of the Commission within twenty days following the 
 rendition of the decision appealed from and communi- 
 cation thereof to the person affected thereby. No bond 
 shall be required, except that an appeal by the employer 
 from a decision of the department under section 9 shall 
 be ineffectual unless, within five days following the serv- 
 ice of notice thereof, a bond, with surety satisfactory 
 to the court, shall be filed, conditioned to perform the 
 judgment of the court. Except in the case last named
 
 295 WASHINGTON ACT. 124 
 
 an appeal shall not be a stay. The calling of a jury shall 
 rest in the discretion of the court except that in cases 
 arising under sections 9, 15 and 16 either party shall be 
 entitled to a jury trial upon demand. It shall be unlaw- 
 ful for any attorney engaged in any such appeal to 
 charge or receive any fee therein in excess of a reason- 
 able fee, to be fixed by the court in the case, and, if the 
 decision of the department shall be reversed or modified, 
 such fee and the fees of medical and other witnesses 
 and the costs shall be payable out of the administration 
 fund, if the accident fund is affected by the litigation. In 
 other respects the practice in civil cases shall apply. Ap- 
 peal shall lie from the judgment of the superior court as 
 in other civil cases. The attorney general shall be the 
 legal adviser of the department and shall represent it in 
 all proceedings, whenever so requested by any of the 
 Commissioners. In all court proceedings under or pur- 
 suant to this act the decision of the department shall be 
 prima facie correct, and the burden of proof shall be 
 upon the party attacking the same. 
 
 Note by board The finding and award of the department ap- 
 pears to be reversible only on the three grounds: (1) That it 
 acted without or in excess of its powers; (2) that the award was 
 procured by fraud; (3) that the findings of fact by the department 
 do not support the award. 
 
 Sec. 21. Creation of Department. The administra- 
 tion of this act is imposed upon a department, to be 
 known as the Industrial Insurance Department, to con- 
 sist of three commissioners to be appointed by the gov- 
 ernor. One of them shall hold office for the first two 
 years, another for the first four years, and another for 
 the first six years following the passage and approval of 
 this act. Thereafter the term shall be six years. Each 
 commissioner shall hold until his successor shall be ap- 
 pointed and shall have qualified. A decision of any ques- 
 tion arising under this act concurred in by two of the 
 commissioners shall be the decision of the department.
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 296 
 
 The governor may at any time remove any commis- 
 sioner from office in his discretion, but within ten days 
 following any such removal the governor shall file in the 
 office of the secretary of state a statement of his reasons 
 therefor. The commission shall select one of their mem- 
 bers as chairman. The main office of the commission 
 shall be at the State capitol, but branch offices may be 
 established at other places in the State. Each member 
 of the commission shall have power to issue subpoenas 
 requiring the attendance of witnesses and the production 
 of books and documents. 
 
 Note by board See Sec. 15, note. 
 
 Sec. 22. Salary of Commissioners. The salary of 
 each of the Commissioners shall be thirty-six hundred 
 dollars per annum, and he shall be allowed his actual and 
 necessary traveling and incidental expenses; and any 
 assistant to the Commissioners shall be paid for each 
 full day's service rendered by him, his actual and neces- 
 sary traveling expenses and such compensation as the 
 Commission may deem proper, not to exceed six dollars 
 per day to an auditor, or five dollars per day to any 
 other assistant. 
 
 Sec. 23. Deputies and Assistants. The Commis- 
 sioners may appoint a sufficient number of auditors and 
 assistants to aid them in the administration of this act, 
 at an expense not to exceed $5,000.00 per month. They 
 may employ one .or more physicians in each county for 
 the purpose of official medical examinations, whose com- 
 pensation shall be limited to five dollars for each exam- 
 ination and report therein. They may procure such 
 record books as they may deem necessary for the record 
 of the financial transactions and statistical data of the 
 department, and the necessary documents, forms and 
 blanks. They may establish and require all employers to 
 install and maintain an uniform form of payroll. 
 
 Sec. 24. Conduct, Management and Supervision of
 
 297 WASHINGTON ACT. 124 
 
 Department. The Commission shall, in accordance with 
 the provisions of this act: 
 
 1. Establish and promulgate rules governing the 
 administration of this act. 
 
 2. Ascertain and establish the amounts to be paid 
 into and out of the accident fund. 
 
 Jfote by board It is contemplated that Class Bulletins to em- 
 phasize accident prevention in various industries may be issued 
 from time to time; and Safety Regulations promulgated after con- 
 sideration in trade conventions, violation of which may automatic- 
 ally increase the premium rate of the offending employer. 
 
 3. Regulate the proof of accident and extent there- 
 of, the proof of death and the proof of relationship and 
 the extent of dependency. 
 
 4. Supervise the medical, surgical and hospital 
 treatment to the intent that same may be in all cases 
 suitable and wholesome. 
 
 Note by board There is no fund or provision for payment of 
 charges for ambulance, physician, surgeon, hospital, nurse, medi- 
 cine or surgical appliances. The "first aid" provision was stricken 
 from the proposed act before passage by the legislature. See 
 Appendix II. 
 
 5. Issue proper receipts for moneys received, and 
 certificates for benefits accrued and accruing. 
 
 6. Investigate the cause of all serious injuries and 
 report to the Governor from time to time any violations 
 or laxity in performance of protective statutes or regu- 
 lations coming under the observation of the department. 
 
 7. Compile and preserve statistics showing the 
 number of accidents occurring in the establishment or 
 works of each employer, the liabilities and expenditures 
 of the accident fund on account of, and the premium col- 
 lected from the same, and hospital charges and ex- 
 penses. 
 
 8. Make annual reports to the Governor (one of 
 them not more than sixty nor less than thirty days prior 
 to each regular session of the legislature) of the work- 
 ings of the department, and showing the financial status
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 298 
 
 and the outstanding obligations of the accident fund, 
 and the statistics aforesaid. 
 
 Sec. 25. Medical Witnesses. Upon the appeal of 
 any workman from any decision of the department af- 
 fecting the extent of his injuries or the progress of the 
 same, the court may appoint not to exceed three physi- 
 cians to examine the physical condition of the appellant, 
 who shall make to the court their report thereon, and 
 they may be interrogated before the court by or on be- 
 half of the appellant in relation to the same. The fee 
 of each shall be fixed by the court, but shall not exceed 
 ten dollars per day each. 
 
 Sec. 26. Disbursement of Funds. Disbursement 
 out of the funds shall be made only upon warrants 
 drawn by the State Auditor upon vouchers therefor 
 transmitted to him by the department and audited by 
 him. The State Treasurer shall pay every warrant out 
 of the fund upon which it is drawn. If, at any time, 
 there shall not be sufficient money in the fund on which 
 any such warrant shall have been drawn wherewith to 
 pay the same, the employer on account of whose work- 
 man it was that the warrant was drawn shall pay the 
 same, and he shall be credited upon his next following 
 contribution to such fund the amount so paid with in- 
 terest thereon at the legal rate from the date of such 
 payment to the date such next following contribution 
 became payable, and if the amount of the credit shall 
 exceed the amount of the contribution, he shall have a 
 warrant upon the same fund for the excess, and if any 
 such warrant shall not be so paid, it shall remain, never- 
 theless, payable out of the fund. The State Treasurer 
 shall to such extent as shall appear to him to be advis- 
 able keep the moneys of the unsegregated portion of the 
 accident fund invested at interest in the class of securi- 
 ties provided by law for the investment of the perma- 
 nent school fund. The State Treasurer shall be liable 
 on his official bond for the safe custody of the moneys
 
 299 WASHINGTON ACT. 124 
 
 and securities of the accident fund, but all the provisions 
 of an act approved February 21, 1907, entitled "An act 
 to provide for State depositories and to regulate the 
 deposits of State moneys therein," shall be applied to 
 said moneys and the handling thereof by the State 
 Treasurer. 
 
 Opinion of Attorney-General: Where the funds of a particular 
 class have been depleted by payment of pensions and awards, to 
 such an extent that there remains in the fund an insufficient sum 
 from which to make further monthly payments, that it is proper for 
 the commission to approve vouchers for such further monthly pay- 
 ments, obtain warrants therefor from the state auditor, and deliver 
 such warrants to the persons entitled; that it is entirely proper for 
 the Industrial Commission to advise the state treasurer that the 
 funds of the particular class are insufficient to pay the warrant. 
 
 Sec. 27. Test of Invalidity of Act. If any employer 
 shall be adjudicated to be outside the lawful scope of this 
 act, the act shall not apply to him or his workmen, or 
 if any workman shall be adjudicated to be outside the 
 lawful scope of this act because of remoteness of his 
 work from the hazard of his employer's work, any such 
 adjudication shall not impair the validity of this act in 
 other respects, and in every such case an accounting in 
 accordance with the justice of the case shall be had of 
 moneys received. If the provisions of section 4 of this 
 act for the creation of the accident fund, or the provi- 
 sions of this act making the compensation to the work- 
 man provided in it exclusive of any other remedy on 
 the part of the workman shall be held invalid the entire 
 act shall be thereby invalidated except the provisions of 
 section 31, and an accounting according to the justice of 
 the case shall be had of moneys received. In other re- 
 spects an adjudication of invalidity of any part of this act 
 shall not affect the validity of the act as a whole or any 
 other part thereof. 
 
 Sec. 28. Statute of Limitations Saved. If the pro- 
 visions of this act relative to compensation for injuries 
 to or death of workmen become invalid because of any
 
 124 WORKMEN'S COMPENSATION AND INSURANCE. 300 
 
 adjudication, or be repealed, the period intervening be- 
 tween the occurrence of an injury or death, not previ- 
 ously compensated for under this act by lump payment 
 or completed monthly payments, and such repeal or the 
 rendition of the final adjudication of the invalidity shall 
 not be computed as a part of the time limited by law 
 for the commencement of any action relating to such 
 injury or death: Provided, That such action be com- 
 menced within one year after such repeal or adjudica- 
 tion ; but in any such action any sum paid out of the acci- 
 dent fund to the workman on account of injury, to whom 
 the action is prosecuted, shall be taken into account or 
 disposed of as follows : If the defendant employer shall 
 have paid without delinquency into the accident fund 
 the payment provided by section 4, such sums shall be 
 credited upon the recovery as payment thereon, other- 
 wise the sum shall not be so credited but shall be de- 
 ducted from the sum collected and be paid into the said 
 fund from which they had been previously disbursed. 
 
 Sec. 29. Appropriations. There is hereby appro- 
 priated out of the State treasury the sum of one hundred 
 and fifty thousand dollars, or so much thereof as may 
 be necessary, to be known as the administration fund, 
 out of which the salaries, traveling and office expenses 
 of the department shall be paid, and also all other ex- 
 penses of the administration of the accident fund; and 
 there is hereby appropriated out of the accident fund for 
 the purpose to which said fund is applicable the sum of 
 $1,500,000, or so much thereof as shall be necessary for 
 the purposes of this act. 
 
 Note by board The law requires the state to pay the entire cost 
 of administration of the state insurance fund, leaving the whole 
 amount paid into such fund by the employers to be devoted to the 
 payment of awards for injuries. 
 
 The state can well afford -to bear this expense, as its courts will 
 be relieved of a large amount of work, and the burden now placed 
 upon taxpayers by the trial of negligence cases will be minimized. 
 The tendency of this act should be to produce good will between
 
 3OI WASHINGTON ACT. 124 
 
 employer and employg, and to lessen the cases of hardship among 
 dependents of injured employe's. In taking into consideration the 
 state's many vital interests in the welfare of the workman and his 
 family, the general taxpayer may well afford to bear the expense of 
 administration. 
 
 Sec. 30. Safeguard Regulations Preserved. Noth- 
 ing in this act contained shall repeal any existing law 
 providing for the installation or maintenance of any de- 
 vice, means or method for the prevention of accidents in 
 extra hazardous work or for a penalty or punishment for 
 failure to install or maintain any such protective device, 
 means or method, but sections 8, 9 and 10 of the act ap- 
 proved March 6, 1905, entitled "An act providing for the 
 protection and health of employes in factories, mills or 
 workshops, where machinery is used, and providing for 
 suits to recover damages sustained by the violation 
 thereof, and prescribing a punishment for the violation 
 thereof and repealing an act entitled 'An act providing 
 for the protection of employes in factories, mills, or 
 workshops where machinery is used, and providing for 
 the punishment of the violation thereof, approved 
 March 6, 1903,' and repealing all other acts or parts of 
 acts in conflict herewith," are hereby repealed, except 
 as to any cause of action which shall have accrued there- 
 under prior to October 1, 1911. 
 
 Note by board The formation of corporate or voluntary asso- 
 ciations, by members of the compulsory classes of employers, to 
 study methods and appliances for accident prevention and to reduce 
 the insurance cost under this act is urged and the co-operation of 
 the Commission tendered. 
 
 Sec. 31. Distribution of Funds in Case of Repeal. 
 If this act shall be hereafter repealed, all moneys which 
 are in the accident fund at the time of the repeal shall 
 be subject to such disposition as may be provided by the 
 legislature, and in default of such legislative provision 
 distribution thereof shall be in accordance with the jus- 
 tice of the matter, due regard being had to obligations 
 of compensation incurred and existing.
 
 125 WORKMEN'S COMPENSATION AND INSURANCE. 302 
 
 Sec. 32. Saving Clause. This act shall not affect 
 any action pending or cause of action existing on the 
 30th day of September, 1911. 
 
 125. Proposed amendment. The Washington In- 
 dustrial Insurance Commission reports that the experi- 
 ence of the first year's operation of the act shows that 
 there is a state-wide and insistent demand that the 
 Washington Act be so amended by the next legislature 
 as to provide a First Aid Fund which shall care for all 
 injuries for a period of, say three weeks. The reason is 
 that experience shows that the act in its present form 
 does not give the injured workmen in the mass more 
 than about 33 per cent, of the loss sustained. To meet 
 this situation the commission which made the original 
 draft of the present law recommended the following 
 provision (which the last legislature refused to enact) : 
 
 The provision for a First Aid Fund proposed by the 
 investigating commission in its draft of the workmen's 
 compensation act, but which provision the legislature 
 refused to enact into law, was as follows : 
 
 "Sec. 10. Creation of First Aid Fund. A fund is 
 hereby created in the State treasury to be known as 
 the First Aid Fund. Into it shall be paid by each em- 
 ployer, on or before the fifteenth day of November, 
 1911, and each month thereafter, the sum of four cents 
 for each day's work or fraction thereof done by each 
 workman for him during the preceding calendar month 
 or part thereof. Two cents of such four cents shall be 
 deducted by the employer from the pay of the workman. 
 
 Sec. 11. Disbursements of First Aid Fund. Upon 
 the occurrence of any injury to a workman, he shall re- 
 ceive from the First Aid Fund proper and necessary 
 medical, surgical and hospital services and compensa- 
 tion for the period of temporary or other disability in 
 the sum of five dollars per week, for not to exceed three 
 weeks, payable at the end of each week. It shall be the
 
 303 WASHINGTON ACT. 126 
 
 duty of the employer to see to it that immediate medical 
 and surgical services are rendered, and transportation 
 to hospital provided, and all charges therefor shall be 
 audited and paid and be payable only by the department 
 out of the First Aid Fund." 
 
 126. Constitutionality of the act. We give in 
 full in the succeeding section the opinion of the Supreme 
 Court of Washington, in State v. Clausen, 117 Pac. 1101, 
 which sustains the constitutionality of the Washington 
 Act against the objection that it authorized the taking 
 of property without due process of law, that it operated 
 as a denial of the equal protection of the laws, that it 
 amounted to an inequality of taxation and that it denied 
 the right of trial by jury. 
 
 The court sustained the constitutionality of the act as 
 against the first three objections, but did not pass upon 
 the fourth. 
 
 This opinion is of great value, both on account of the 
 court's discussion of many important historical, sociolo- 
 gical and economic questions in connection with the 
 legal principles involved in the enactment of a compul- 
 sory workmen's insurance law, and because up to the 
 time of the rendering of this decision, in September, 
 1911, no Supreme Court of any of the States had sus- 
 tained the right of a State legislature to enact a law that 
 would create a fund by taxing employers of specified 
 classes and making it obligatory upon the workmen em- 
 ployed by the said employers to accept specified compen- 
 sations for personal injuries received in the due course 
 of their employment. For the right of an injured work- 
 man to sue his employer is almost wholly eliminated, ex- 
 cepting the very restricted cases retained in sections 6 
 and 8 of the act. 
 
 127. Opinion of the court. The case of State v. 
 Clausen 1 was before the Supreme Court on the refu- 
 i 65 Wash. 156, 117 Pac. 1101.
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 304 
 
 sal of the State auditor to issue a warrant on the State 
 treasurer for the payment of furniture purchased by the 
 industrial insurance department for its office. The con- 
 tention of the auditor was that the law creating the de- 
 partment was not constitutional, and that he had there- 
 fore no power to expend moneys of the State in its be- 
 half. This contention the Supreme Court rejected, and 
 after a discussion of the various points of objection 
 raised to the law sustained it in all points. Owing to 
 the importance of the decision, it is given in full, to- 
 gether with the concurring opinion of Judge Chadwick, 
 expressing his views as to the finality of the decision 
 under the circumstances. 
 
 Having made a statement of the conditions under 
 which the case was before the court, and after present- 
 ing a summary of the law, Judge Fullerton, speaking for 
 the court, said: 
 
 The foregoing summary makes clear the theory and 
 purpose of the act. It is founded on the basic principle 
 that certain defined industries, called in the act extra 
 hazardous, should be made to bear the financial losses 
 sustained by the workmen engaged therein through per- 
 sonal injuries, and its purpose is to furnish a remedy 
 that will reach every injury sustained by a workman en^ 
 gaged in any of such industries, and make a sure and 
 certain award therefor, bearing a just proportion to the 
 loss sustained, regardless of the manner in which the 
 injury was received. With the economic questions thus 
 suggested, the auditor's learned counsel object only to 
 the wisdom of the scheme formulated. They concede 
 that the evil is one calling for a remedy, and direct theii 
 arguments solely against this particular act. In om- 
 discussion we shall confine ourselves to the questions 
 thus suggested, noticing the ecenomic questions only in- 
 cidentally. 
 
 The act is challenged as unconstitutional on four 
 distinct grounds: (1) That it violates section 3, oi
 
 35 WASHINGTON ACT. I2/ 
 
 article 1, of the State constitution, and the fourteenth 
 amendment to the Constitution of the United States, 
 which provide that no person shall be deprived of life, 
 liberty, or property without due process of law; (2) that 
 it violates section 12, of article 1, of the State constitu- 
 tion, which provides that no law shall be passed granting 
 to any citizen, class of citizens, or corporations, other 
 than municipal, privileges or immunities which, upon the 
 same terms, shall not equally belong to all citizens or 
 corporations; and the fourteenth amendment to the 
 Constitution of the United States, which provides for 
 the equal protection of the laws; (3) that it violates 
 sections 1 and 2, of article 7, of theState constitution, 
 which provide that property shall be taxed according to 
 its value in money and that all taxation shall be equal 
 and uniform; and (4) that it violates section 21, of arti- 
 cle 1, of the State constitution which provides that the 
 right of trial by jury shall remain inviolate. But while 
 we shall discuss the questions suggested under the sev- 
 eral divisions as here set out, it is obvious that no very 
 logical segregation of the argument can be thus made, 
 as many of the reasons advanced for or against the act 
 under one particular division are equally applicable to 
 one or more of the others. Any different arrangement, 
 however, seems to be at the sacrifice of clearness, and 
 we pass therefore directly to the first objection stated. 
 
 It is with regret that we are unable to set forth at 
 length counsel's argument on this branch of the case, as 
 any abbreviation of it is at the expense of its cogency 
 and force. To do so, however, would unduly lengthen 
 this opinion. The argument is based on two funda- 
 mental ideas: The one, that the act creates a liability 
 without fault; and the other, that it takes the property 
 of one employer to pay the obligations of another. It 
 must be conceded that these contentions have a basis 
 in fact, and that they, on first impression, constitute a 
 persuasive argument against the validity of the act. 
 
 2Q BOYD W C
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 306 
 
 Since there is exacted from every employer of labor en- 
 gaged in one or more of the industries termed hazardous 
 a certain fixed sum based upon his payroll, which is to 
 be used to compensate employes working in such haz- 
 ardous employments who receive personal injuries, re- 
 gardless of the question whether the injury was because 
 of the fault of the employer or of the negligence of the 
 employe, it can be said that some part of the sum so 
 collected will be paid out on injuries in which the em- 
 ployer is without fault; and, furthermore, since every 
 such employer is liable to make the payments whether 
 or not any of his own workmen are injured, and since 
 an employer is liable under the common law for an in- 
 jury to his own workmen only, it can also be said that 
 by this act one employer is held liable for the obligations 
 of another. 
 
 But these conditions do not furnish an absolute test 
 of the validity of the act. In the statute books of the 
 several States are many statutes held constitutional by 
 the courts where liability is created without fault, and 
 where the property of one person is taken to pay the 
 obligations of another, and this where no compensation 
 is made to the person who is thus made liable or whose 
 property is thus taken, other than perhaps the bestowal 
 upon him of some privilege. The test of the validity of 
 such a law is not found in the inquiry, Does it do the 
 objectionable things? but is found rather in the inquiry, 
 Is there no reasonable ground to believe that the public 
 safety, health or general welfare is promoted thereby? 
 The legislature can not, of course, without violating this 
 clause of the Constitution, declare a particular industry, 
 commonly engaged in by the people, to be unlawful 
 which, under all circumstances, must necessarily be 
 harmless and innocent; but it can regulate and control 
 and prohibit any industry, however innocent it may 
 have been in its inception, whenever it becomes a men- 
 ace t< % the employes engaged in it, the people surround-
 
 3O7 WASHINGTON ACT. 
 
 ing it, or to any considerable number of the people at 
 large, no matter from whatsoever cause the menace may 
 arise. This it does under the police power: "the power 
 inherent in every sovereignty * * * the power to 
 govern men and things." 
 
 It is unnecessary to discuss the origin, nature or ex- 
 tent of this power. It is sufficient to say that, by means 
 of it, the legislature exercises a supervision over matters 
 affecting the common weal and enforces the observ- 
 ance by each individual member of society of duties 
 which he owes to others and the community at large. 
 The possession and enjoyment of all rights are subject 
 to this power. Under it the State may "prescribe regu- 
 lations promoting the health, peace, morals, education 
 and good order of the people, and to legislate so as to 
 increase the industries of the State, develop its resources 
 and add to its welfare and prosperity." In fine, when 
 reduced to its ultimate and final analysis, the police 
 power is the power to govern. It is not meant here to 
 be asserted that this power is above the Constitution, 
 or that everything done in the name of the police power 
 is lawfully done. It is meant only to be asserted that a 
 law which interferes with personal and property rights 
 is valid only when it tends reasonably to correct some 
 existing evil or promote some interest of the State, and 
 is not in violation of any direct and positive mandate 
 of the Constitution. The clause of the Constitution now 
 under consideration was intended to prevent the arbi- 
 trary exercise of power, or undue, unjust, and capricious 
 interference with personal rights; not to prevent those 
 reasonable regulations that all must submit to as a con- 
 dition of remaining a member of society. In other words, 
 the test of a police regulation, when measured by this 
 clause of the Constitution, is reasonableness, as contra- 
 distinguished from arbitrary or capricious action. 
 
 The authorities, as we view them, abundantly sup- 
 port the foregoing principles. Of statutes upheld by
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 308 
 
 the court which can be said to create liability without 
 fault and take the property of one person to pay the 
 obligations of another, the most conspicuous examples 
 are, perhaps, sections 4585 and 4803 of the Revised 
 Statutes of the United States, which provide: 
 
 "Sec. 4585. There shall be assessed and collected by 
 the collector of customs at the ports of the United 
 States, from the master or owner of every vessel of the 
 United States arriving from a foreign port, or of every 
 registered vessel employed in the coasting trade, and 
 before such vessel shall be admitted to entry, the sum 
 of forty cents per month for each and every seaman 
 who shall have been employed on such vessel since she 
 was last entered at any port of the United States; such 
 sum such master or owner may collect and retain from 
 the wages of such seamen." 
 
 "Sec. 4803. The several collectors of the customs 
 shall respectively deposit, without abatement or reduc- 
 tion, the sums collected by them under the provisions of 
 law imposing a tax upon seamen for hospital purposes, 
 with the nearest depositary of public moneys, and shall 
 make returns of the same, with proper vouchers, month- 
 ly, to the Secretary of the Treasury, upon forms to be 
 furnished by him. All such moneys shall be placed to 
 the credit of 'the fund for the relief of sick and disabled 
 seamen;' of which fund separate accounts shall be kept 
 in the Treasury. Such fund is appropriated for the ex- 
 penses of the Marine-Hospital Service, and shall be em- 
 ployed, under the direction of the Secretary of the Treas- 
 ury, for the care and relief of sick and disabled seamen 
 employed in registered, enrolled, and licensed vessels of 
 the United States." 
 
 This statute clearly does everything that is charged 
 against the statute at bar. It creates liability without 
 fault, since it obligates the master or owner of every 
 vessel of the United States to pay into a given fund, 
 controlled by the Government, a fixed sum for the
 
 39 WASHINGTON ACT. I2/ 
 
 benefit of sick and disabled seamen, regardless of the 
 fact whether or not the vessel of the master or owner 
 making the payment has any sick or disabled seamen 
 who take advantage of the fund; and it takes the 
 property of one to pay the obligations of another, since 
 the fund is disbursed in the cure of sick and disabled 
 American seamen generally, regardless of the fact 
 whether or not the expense of their cure exceeds the 
 sum paid in by the master or owner of the vessel from 
 which they came. Whatever may be said as to the 
 foundation of the liability of the master or the owner of 
 a vessel, or the vessel itself, to answer for the expenses 
 of the cure of sick and disabled seamen while in service 
 on the ship, the foundation of this liability is purely stat- 
 utory; and, if the objection that is made to the present 
 statute were sufficient to condemn it, the statute is in 
 violation of the fifth amendment to the Constitution of 
 the United States. The statute had its inception in the 
 act of Congress of July 16, 1798 (1 Stats, at Large, 606), 
 and was on the statute books for nearly 100 years, dur- 
 ing which time it was continuously enforced. It is true 
 our attention has been called to no case where the stat- 
 ute was directly attacked ; but there are numerous cases 
 in which it has been specifically mentioned and given 
 force, and it would seem that, if it were thought inimi- 
 cal to the Constitution, it would not have escaped the at- 
 tention of the astute counsel whose client's interests 
 were adversely affected by it. (Buckley v. Brown, Fed. 
 Case, No. 2092; Reed v. Canfield, Fed. Case, No. 11641; 
 Peterson v. The Chandos, 4 Fed. 645; Holt v. Cum- 
 mings, 102 Pa. St. 212, 48 Am. Rep. 199. See, also, 3 
 Opinions of Attorneys General (U. S.) 683; 13 Opinions 
 of Attorneys General (U. S.) 330.) 
 
 Statutes making railroad corporations absolutely lia- 
 ble, without regard to negligence, for injuries to prop- 
 erty caused by fires escaping from their locomotive en- 
 gines, are clearly statutes creating liability without fault,
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 310 
 
 yet these statutes have been upheld by all the courts of 
 the States in which they have been enacted, as well as 
 by the Supreme Court of the United States. (Chapman 
 v. Atlantic & St. Lawrence R. Co., 37 Me. 92; Sherman 
 v. Maine Cent. R. Co., 86 Me. 422, 30 Atl. 69 ; Hooksett 
 v. Concord R., 38 N. H. 242; Smith v. Boston & Maine 
 R., 63 N. H. 25; Lyman v. Boston & Worcester R. 
 Corp., 4 Cush. 288; Pierce v. Worcester & Nashua R. 
 Co., 105 Mass. 199; Rodemacher v. Milwaukee & St. P. 
 R. Co., 41 Iowa 297, 20 Am. Rep. 592 ; Mathews v. St. 
 Louis & San Francisco R. Co., 121 Mo. 298, 24 S. W. 
 591, 25 L. R. A. 161 ; Emerson v. Gardiner, 8 Kans. 452; 
 Jensen v. South Dakota Cent. R. Co., 25 S. Dak. 506, 127 
 N. W. 650; St. Louis & San Francisco R. Co. v. Math- 
 ews, 165 U. S. 1 ; Atchison, T. & S. F. R. Co. v. Mat- 
 thews, 174 U. S. 96.) 
 
 Other statutes are those providing that any landlord 
 who knowingly leases his premises for saloon purposes 
 shall be liable for losses resulting from intoxication 
 caused by the sale of liquor by his lessee. Such a stat- 
 ute was formerly in force in this State, and was given 
 effect by this court. (Delfel v. Hanson, 2 Wash. 194, 
 26 Pac. 220; Burkman v. Jamieson, 25 Wash. 606, 66 
 Pac. 48.) And in Bertholf v. O'Reilly, 74 N. Y. 509, 30 
 Am. Rep. 323, the constitutionality of a like statute was 
 maintained in an opinion by Judge Andrews, renowned 
 for his ability and learning. In the course of his opinion 
 the learned judge noted the fact that the liability of the 
 landlord could not be sustained on the theory that such 
 liability was a condition of a privilege granted by the 
 statute, but rested the decision on the principle that the 
 State, under its police power, could impose upon the 
 landlord liability for the acts of his tenants. In the 
 course of the opinion this language was used : 
 
 "And the act of 1873 is not invalid because it creates 
 a right of action and imposes a liability not known to 
 the common law. There is not such limit to legislative
 
 3 11 WASHINGTON ACT. I2/ 
 
 power. The legislature may alter or repeal the common 
 law. It may create new offenses, enlarge the scope of 
 civil remedies, and fasten responsibility for injuries upon 
 persons against whom the common law gives no 
 remedy. We do not mean that the legislature may im- 
 pose upon one man liability for an injury suffered by 
 another, with which he had no connection. But it may 
 change the rule of the common law, which looks only 
 to the proximate cause of the mischief, in attaching legal 
 responsibility, and allow a recovery to be had against 
 those whose acts contributed, although remotely, to 
 produce it. * * * 
 
 "The liability imposed upon the landlord for the acts 
 of the tenant is not a new principle in legislation. His 
 liability only arises when he has consented that the 
 premises may be used as a place for the sale of liquors. 
 He selects the tenant, and he may, without violating 
 any constitutional provision, be made responsible for 
 the tenant's acts, connected with the use of the leased 
 property." 
 
 Statutes imposing a liability upon fire insurance 
 agents, based upon the amount of the insurance effected 
 by them, for the benefit of a fund to care for and cure 
 sick and injured firemen, have been upheld in the States 
 of New York and Illinois. (Fire Department v. Noble, 
 3 E. D. Smith (N. Y.) 440; Fire Department v. Wright, 
 3 E. D. Smith (N. Y.) 453; Exempt Fireman's Fund v. 
 Roome, 29 Hun 391, 394; Firemens Benevolent Ass'n 
 v. Lounsbury, 21 111. 511, 74 Ann. Dec. 115.) Clearly 
 these are statutes creating liability without fault. A 
 similar statute relating to agents of foreign fire insur- 
 ance companies was upheld in Wisconsin. (Fire De- 
 partment v. Helfenstein, 16 Wis. 136.) 
 
 The statute of Nebraska makes a railroad company 
 liable in damages for injuries sustained by a passenger 
 regardless of the question of negligence on the part of 
 the company, except where the injury is caused by the
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 312 
 
 passenger's criminal negligence, or by his violation of 
 some express rule of the company, actually brought to 
 his attention. This statute was upheld against a chal- 
 lenge on the ground that it violated the due process of 
 law clauses of the State and Federal constitutions, by 
 the State court, in Chicago, R. L, etc., R. Co. v. Zernecke, 
 59 Nebr. 689, 82 N. W. 26, 55 L. R. A. 610, and by the 
 Supreme Court of the United States in Chicago, R. L, 
 etc., R. Co. v. Zernecke, 183 U. S. 582. The Supreme 
 Court of the United States, vindicating the statute 
 against the attack made upon it, used the following lan- 
 guage : 
 
 "In Omaha & R. V. R. Co. v. Chollette, 33 Nebr. 143, 
 the words of the statute exempting railroad companies 
 from liability, 'where the injury done 'arose from the 
 criminal negligence of the persons injured,' were defined 
 to mean 'gross negligence,' 'such negligence as would 
 amount to a flagrant and reckless disregard' by the 
 passenger of his own safety, and amount to a 'willful in- 
 difference to the injury liable to follow.' This definition 
 was approved in subsequent cases. It was also approved 
 in the case at bar, and the plaintiff in error, it was in 
 effect declared, was precluded from any defense but that 
 of negligence as defined, or that the injury resulted from 
 the violation of some rule of the company by the pas- 
 senger brought to his actual notice, and the company, as 
 we have said, was not permitted to introduce evidence 
 that the derailment of its train was caused by the felo- 
 nious act of a third person. The statute, thus inter- 
 preted and enforced, it is asserted, impairs the constitu- 
 tional rights of plaintiff in error. The specific conten- 
 tion is that the company is deprived of its defense, and 
 not only declared guilty of negligence and wrongdoing 
 without a hearing, but, adjudged to suffer without 
 wrongdoing, indeed even for the crimes of others, which 
 the company could not have foreseen or have prevented. 
 
 "Thus described, the statute seems objectionable.
 
 3 J 3 WASHINGTON ACT. 127 
 
 Regarded as extending the rule of liability for injury to 
 persons which the common law makes for the loss of or 
 injury to things, the statute seems defensible. And it 
 was upon this ground that the Supreme Court of the 
 State defended and vindicated the statute. The court 
 said: 
 
 'The legislation is justifiable under the police power 
 of the State, so it has been held. It was enacted to make 
 railroad companies insurers of the safe transportation of 
 their passengers as they were of baggage and freight; 
 and no good reason is suggested why a railroad com- 
 pany should be released from liability for injuries re- 
 ceived by a passenger while being transported over its 
 line, while the corporation must respond for any dam- 
 ages to his baggage or freight.' 
 
 "Our jurisprudence affords examples of legal liability 
 without fault, and the deprivation of property without 
 fault being attributable to its owner. The law of deo- 
 dands was such an example. The personification of the 
 ship in admiralty law is another. Other examples are 
 afforded in the liability of the husband for the torts of 
 the wife the liability of a master for the acts of his 
 servants. 
 
 "In Missouri Railway Co. v. Mackey, 127 U. S. 205, 
 a statute of Kansas abrogating the common law rule 
 exempting a master from liability to a servant for the 
 negligence of a fellow-servant, was sustained against the 
 contention that such statute violated the fourteenth 
 amendment of the Constitution of the United States. 
 And in Minneapolis, etc., Railway Co. v. Herrick, 127 U. 
 S. 210, a statute of Iowa which extended liability for 
 the 'willful wrongs, whether of commission or omission,' 
 of the 'agents, engineers or other employes' of railroad 
 companies, was vindicated against the double attack of 
 being an unjust discrimination against railroad corpora- 
 tions and the deprivation of property without due pro- 
 cess of law." 
 
 The latest illustration of such a statute is found in the
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 314 
 
 Oklahoma depositors guaranty law, which authorizes 
 the assessment and collection of a certain per centum on 
 the daily average deposit of each and every bank organ- 
 ized under the laws of the State as a fund to pay the 
 losses caused depositors by failing and insolvent banks. 
 This act was challenged in the State court on the ground 
 that it violated the fourteenth amendment to the Con- 
 stitution of the United States, and the due process of 
 law clause of the State constitution; but was upheld by 
 the State court, and on writ of error to the Supreme 
 Court of the United States, the judgment of the State 
 court was affirmed. (Noble State Bank v. Haskell, 22 
 Okl. 48, 97 Pac. 590; Noble State Bank v. Haskell, 219 
 U. S. 104.) Answering the objection that the act takes 
 private property for a private use, and creates a liability 
 without fault, the Supreme Court of the United States 
 said: 
 
 "The substance of the plaintiff's argument is that the 
 assessment takes private property for private use with- 
 out compensation. And while we should assume that 
 the plaintiff would retain a reversionary interest in its 
 contribution to the fund so as to be entitled to a return 
 of what remained of it if the purpose were given up (see 
 Receiver of Danby Bank v. State Treasurer, 39 Vt. 92, 
 98), still there is no denying that by this law a portion 
 of its property might be taken without return to pay 
 debts of a failing rival in business. Nevertheless, not- 
 withstanding the logical form of the objection, there are 
 more powerful considerations on the other side. In the 
 first place it is established by a series of cases that an 
 ulterior public advantage may justify a comparatively 
 insignificant taking of private property for what, in its 
 immediate purpose, is a private use. (Clark v. Nash, 
 198 U. S. 361 ; Strickley v. Highland Boy Mining Co., 
 200 U. S. 527, 361 ; Orneld v. New York, New Haven & 
 Hartford R. R. Co., 203 U. S. 372; Bacon v. Walker, 204 
 U. S. 311, 315.) And in the next, it would seem that
 
 3 J 5 WASHINGTON ACT. 127 
 
 there may be other cases besides the every day one of 
 taxation, in which the share of each party in the benefit 
 of a scheme of mutual protection is sufficient compensa- 
 tion for the correlative burden that it is compelled to 
 assume. (See Ohio Oil Co. v. Indiana, 177 U. S. 190.) 
 At least, if we have a case within the reasonable exercise 
 of the police power as above explained, no more need be 
 said." 
 
 Illustrations of the nature and all-pervading extent of 
 the police power are shown somewhat in the cases al- 
 ready cited. Other illustrations abound almost without 
 number in the decisions of the State and Federal courts. 
 It will be sufficient for our purposes, however, to call at- 
 tention to a few of those which most clearly, as we be- 
 lieve, illustrate the doctrine. In Lawton v. Steele, 152 
 U. S. 133, the court used this language: 
 
 "The extent and limits of what is known as the police 
 power have been a fruitful subject of discussion in the 
 appellate courts of nearly every State in the Union. It 
 is universally conceded to include everything essential 
 to the public safety, health, and morals, and to justify 
 the destruction or abatement, by summary proceedings, 
 of whatever may be regarded as a public nuisance. 
 Under this power it has been held that the State may 
 order the destruction of a house falling to decay or 
 otherwise endangering the lives of passersby; the demo- 
 lition of such as are in the path of a conflagration; the 
 slaughter of diseased cattle ; the destruction of decayed 
 or unwholesome food ; the prohibition of wooden build- 
 ings in cities ; the regulation of railways and other means 
 of public conveyance, and of interments in burial 
 grounds; the restriction of objectionable trades to cer- 
 tain localities; the compulsory vaccination of children; 
 the confinement of the insane or those afflicted with con- 
 tagious diseases; the restraint of vagrants, beggars, and 
 habitual drunkards; the suppression of obscene publica- 
 tions and houses of ill fame; and the prohibition of
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 316 
 
 gambling 1 houses and places where intoxicating liquors 
 are sold. Beyond this, however, the State may inter- 
 fere wherever the public interests demand it, and in this 
 particular a large discretion is necessarily vested in the 
 legislature to determine, not only what the interests of 
 the public require, but what measures are necessary for 
 the protection of such interests." 
 
 Again, in Holden v. Hardy, 169 U. S. 366, it was said: 
 "An examination of both these classes of cases under 
 the fourteenth amendment will demonstrate that, in 
 passing upon the validity of State legislation under that 
 amendment, this court has not failed to recognize the 
 fact that the law is, to a certain extent, a progressive 
 science; that in some of the States methods of proced- 
 ure, which at the time the constitution was adopted 
 were deemed essential to the protection and safety of 
 the people, or to the liberty of the citizen, have been 
 found to be no longer necessary; that restrictions which 
 had formerly been laid upon the conduct of individuals, 
 or of classes of individuals, had proved detrimental to 
 their interests; while, upon the other hand, certain other 
 classes of persons, particularly those engaged in danger- 
 ous or unhealthful employments, have been found to be 
 in need of additional protection. Even before the adop- 
 tion of the constitution, much had been done toward 
 mitigating the severity of the common law, particularly 
 in the administration of its criminal branch. The num- 
 ber of capital crimes, in this country at least, had been 
 largely decreased. Trial by ordeal and by battle had 
 never existed here, and had fallen into disuse in Eng- 
 land. The earlier practice of the common law, which 
 denied the benefit of witnesses to a person accused of 
 felony, had been abolished by statute, though so far as 
 it deprived him of the assistance of counsel and com- 
 pulsory process for the attendance of his witnesses, it 
 had not been changed in England. But to the credit of
 
 317 WASHINGTON ACT. 
 
 her American colonies, let it be said that so oppressive 
 a doctrine had never obtained a foothold there. 
 
 "The present century has originated legal reforms of 
 no less importance. The whole fabric of special plead- 
 ing, once thought to be necessary to the elimination of 
 the real issue between the parties, has crumbled to 
 pieces. The ancient tenures of real estate have been 
 largely swept away, and land is now transferred almost 
 as easily and cheaply as personal property. Married 
 women have been emancipated from the control of their 
 husbands and placed upon a practical equality with them 
 with respect to the acquisition, possession and transmis- 
 sion of property. Imprisonment for debt has been abol- 
 ished. Exemptions from execution have been largely 
 added to, and in most of the States homesteads are ren- 
 dered incapable of seizure and sale upon forced process. 
 Witnesses are no longer incompetent by reason of inter- 
 est, even though they be parties to the litigation. In- 
 dictments have been simplified, and an indictment for 
 the most serious of crimes is now the simplest of all. 
 In several of the States grand juries, formerly the only 
 safeguard against a malicious prosecution, have been 
 largely abolished, and in others the rule of unanimity, so 
 far as applied to civil cases, has given way to verdicts 
 rendered by a three-fourths majority. This case does 
 not call for an expression of opinion as to wisdom of 
 these changes, or their validity under the fourteenth 
 amendment, although the substitution of prosecution by 
 information in lieu of indictment was recognized as valid 
 in Hurtado v. California, 110 U. S. 516. They are men- 
 tioned only for the purpose of calling attention to the 
 probability that other changes of no less importance 
 may be made in the future, and that while the cardinal 
 principles of justice are immutable, the methods by 
 which justice is administered are subject to constant 
 fluctuation, and that the Constitution of the United 
 States, which is necessarily and to a large extent in-
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 318 
 
 flexible and exceedingly difficult of amendment, should 
 not be so construed as to deprive the States of the power 
 to so amend their laws as to make them conform to the 
 wishes of the citizens as they may deem best for the pub- 
 lic welfare without bringing them into conflict with the 
 supreme law of the land." 
 
 So, in Noble State Bank v. Haskell, supra, Mr. Jus- 
 tice Holmes said: 
 
 "It may be said in a general way that the police 
 power extends to all the great public needs. (Canfield 
 v. United States, 167 U. S. 518.) It may be put forth 
 in aid of what is sanctioned by usage, or held by the pre- 
 vailing morality or strong and preponderant opinion 
 to be greatly and immediately necessary to the public 
 welfare. Among matters of that sort probably few 
 would doubt that both usage and preponderant opinion 
 give their sanction to enforcing the primary conditions 
 of successful commerce. One of those conditions at the 
 present time is the possibility of payment by checks 
 drawn against bank deposits, to such an extent do checks 
 replace currency in daily business. If then the legis- 
 lature of the State thinks that the public welfare re- 
 quires the measure under consideration, analogy and 
 principle are in favor of the power to enact it. Even the 
 primary object of the required assessment is not a pri- 
 vate benefit as it was in the cases above cited of a ditch 
 for irrigation or a railway to a mine, but it is to make 
 the currency of checks secure, and by the same stroke 
 to make safe the almost compulsory resort of depositors 
 to banks as the only available means for keeping money 
 on hand. The priority of claim given to depositors is 
 incidental to the same object and is justified in the same 
 way. The power to restrict liberty by fixing a minimum 
 of capital required of those who would engage in bank- 
 ing is not denied. The power to restrict investments to 
 securities regarded as relatively safe seems equally 
 plain. It has been held, we do not doubt rightly, that
 
 3 T 9 WASHINGTON ACT. 127 
 
 inspections may be required and the cost thrown on the 
 bank. (See Charlotte, Columbia & Augusta R. R. Co. 
 v. Gibbes, 142 U. S. 386.) The power to compel, be- 
 forehand, co-operation, and thus, it is believed, to make 
 a failure unlikely and a general panic almost impossible, 
 must be recognized, if government is to do its proper 
 work, unless we can say that the means have no reason- 
 able relation to the end. (Gundling v. Chicago, 177 U. 
 S. 183, 188.) So far is that from being the case that the 
 device is a familiar one. It was adopted by some States 
 the better part of a century ago, and seems never to 
 have been questioned until now. (Receiver of Danby 
 Bank v. State Treasurer, 39 Vt. 92; People v. Walker, 
 17 N. Y. 502.) Recent cases going not less far are 
 Lemieux v. Young, 211 U. S. 489, 496; Kidd, Dater and 
 Price Co. v. Musselman Grocer Co., 217 U. S. 461. 
 
 "It is asked whether the State could require all cor- 
 porations or all grocers to help to guarantee each other's 
 solvency, and where we are going to draw the line. But 
 the last is a futile question, and we will answer the 
 others when they arise. With regard to the police 
 power, as elsewhere in the law, lines are pricked out by 
 the gradual approach and contact of decisions on the 
 opposing sides. (Hudson County Water Co. v. Mc- 
 Carter, 209 U. S. 349, 355.) It will serve as a datum on 
 this side, that in our opinion the statute before us is 
 well within the State's constitutional power, while the 
 use of the public credit on a large scale to help individ- 
 uals in business has been held to be beyond the line. 
 (Loan Association v. Topeka, 20 Wall. 655; Lowell v. 
 Boston, 111 Mass. 454.)" 
 
 It is argued, however, that the statutes above re- 
 ferred to can be supported on principles not applicable 
 to the statute before us. First, it is said that the statutes 
 creating absolute liability on railroad companies for 
 losses caused by fires from their locomotive engines are 
 in themselves but a return to the common law as it
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 320 
 
 originally existed. But this does not meet the objec- 
 tion. At the time the common law became a rule of 
 action for the American States, the doctrine that negli- 
 gence or fault of some kind was a necessary element of 
 liability was as firmly embedded in it as was any other 
 of its tenets, and to create liability regardless of negli- 
 gence is now as fundamental a change in the common 
 law as it would be had the rule always remained as it 
 now is. Again, it is said that the right to use the 
 agencies of fire and steam in the movement of trains is 
 derived from legislation by the State, and the State can, 
 for that reason, prescribe such limitations upon, and an- 
 nex such conditions to, its use as it may deem fit and 
 necessary to protect from injury those who come in 
 contact with it. But the premise here assumed is not 
 strictly accurate. The use of fire and steam to propel 
 trains is not in itself unlawful. On the contrary, it is as 
 much a natural right as is the right to propel them by 
 any other means or to engage in any other lawful enter- 
 prise. Hence, the power to regulate and interfere with 
 the right must come from some source other than the 
 inherent unlawfulness of the act itself.. It is not meant 
 to be said, of course, that the State, when it grants a 
 charter to a railroad company empowering it to con- 
 struct and operate a railroad within its boundaries, may 
 not annex to the charter such conditions as it pleases. 
 But that is not the question here. The question is, 
 whence comes the power to impose these additional bur- 
 dens upon a railroad corporation by legislative fiat after 
 it has received its charter and has constructed and is 
 operating its road thereunder? Unless the constitution 
 or the act granting the charter itself expressly reserves 
 such right, the legislature can not materially change the 
 charters of railroad companies after it has once granted 
 them. The power to annex additional conditions thereto 
 must therefore be found in some other power than the 
 one here alluded to. Then, again, it is said with refer-
 
 321 WASHINGTON ACT. " 1 27 
 
 ence to these and the bank guaranty statutes, that the 
 corporations named therein are affected with a public 
 interest, and that this fact renders them subject to regu- 
 lations that they would not otherwise be subject to. 
 But again, we say that the legislature, because of this 
 public interest, may be warranted in imposing such a 
 condition as a precedent right to engage in the business 
 of railroading or banking, but it furnishes no reason for 
 imposing additional conditions after the business has 
 been entered upon with the consent of the State. The 
 property of such institutions is private property, and its 
 ownership is as secure and free from arbitrary exactions 
 as is the property invested in enterprises of a more pri- 
 vate nature. Of the statutes making the landlord liable 
 for damages caused by the sale of intoxicating liquors 
 by his tenant, it is said that the traffic is unlawful in 
 itself; that "whisky is an outlaw," and hence the legis- 
 lature, if it permits its sale at all, may prescribe the terms 
 upon which sales shall be made. But here again the as- 
 sumption is not in accord with the fact. The sale of 
 liquor was not unlawful at common law. On the con- 
 trary it has been said by as high an authority as the 
 Supreme Court of the United States that the State 
 could no more exclude "its importation and sale in orig- 
 inal packages without the consent of Congress than it 
 could exclude the sugar of Louisiana, the cotton of 
 South Carolina, the wines of California, the hops of 
 Washington, the tobacco of Maryland and Connecticut, 
 or the products natural or manufactured of any State." 
 (Lyng v. Michigan, 135 U. S. 161.) It refused to classify 
 intoxicating liquors with rags or other goods infected 
 with disease, or with cattle or meat or other provisions 
 which from their condition are unfit for human use or 
 consumption; as it was conceded that the State could 
 prohibit the importation and use of these in any form, 
 with or without the consent of Congress. It seems to 
 us, therefore, that it can not be successfully controverted 
 
 21 BOTD W C
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. '322 
 
 that all of these statutes rest upon the same basic prin- 
 ciple on which the statute at bar rests; that is to say, 
 they have their foundation in the police power of the 
 State. 
 
 Nor is it sufficient to exclude the industries men- 
 tioned in the act before us from the operation of these 
 principles to say that they are lawful callings, not sub- 
 ject to absolute prohibition. As we have said in another 
 place, lawful trades and businesses, although private in 
 their nature, are subject to the police power, and may 
 be controlled and regulated under it whenever the wel- 
 fare of the State requires it. This is well illustrated by 
 the laws of our own State. For example, the statute re- 
 quiring employers of labor to pay their employes in 
 lawful money; the statute requiring employers of female 
 help in stores or offices to provide each of them with a 
 chair or stool on which to rest when their duties permit; 
 the statute prohibiting the employment of females in 
 any mechanical or mercantile establishment, laundry, 
 hotel or restaurant, for more than 10 hours in any one 
 day; the statute limiting the number of hours an em- 
 ploye will be permitted in any one day to work under- 
 ground in a coal mine; the statute requiring machinery 
 in factories, mills and workshop, the openings of all 
 hoistways, hatchways, elevators and well holes, to be 
 guarded; the statute appointing a commissioner of labor, 
 and empowering him to inspect mills and factories and 
 charge the cost thereof to the mill or factory inspected, 
 are all statutes regulating lawful trades or businesses 
 not affected with public interests; yet each and all of 
 them have been upheld and enforced in a long line of 
 cases by this court. (State v. Buchanan, 29 Wash. 602, 
 70 Pac. 52, 92 Am. St. 930, 59 L. R. A. 342; Kirkham v. 
 Wheeler-Osgood Co., 39 Wash. 415, 81 Pac. 869; 
 Shortall v. Puget Sound Bridge & Dredging Co., 45 
 Wash. 290, 88 Pac. 212; Hall v. West & Slade Mill Co.,
 
 323 WASHINGTON ACT. 1 27 
 
 39 Wash. 447, 81 Pac. 915 ; Whelan v. Washington Lum- 
 ber Co., 41 Wash. 153, 83 Pac. 98, 111 Am. St. 1006.) 
 
 The Supreme Court of the United States in Sentell 
 v. New Orleans, etc., R. Co., 166 U. S. 698, speaking of 
 the power of the State to interfere with private prop- 
 erty, used this language: 
 
 "That a State, in a bona fide exercise of its police 
 power, may interfere with private property, and even 
 order its destruction, is as well settled as any legislative 
 power can be, which has for its objects the welfare and 
 comfort of the citizen. For instance, meats, fruits and 
 vegetables do not cease to become private property by 
 their decay; but it is clearly within the power of the 
 State to order their destruction in times of epidemic, or 
 whenever they are so exposed as to be deleterious to the 
 public health. There is also property in rags and cloth- 
 ing; but that does not stand in the way of their destruc- 
 tion in case they become infected and dangerous to the 
 public health. No property is more sacred than one's 
 home, and yet a house may be pulled down or blown up 
 by the public authorities, if necessary to avert or stay a 
 general conflagration, and that, too, without recourse 
 against such authorities for the trespass." 
 
 The power to regulate, therefore, applies alike to all 
 employments. The test of the power is found in the 
 effect the pursuit of the calling has upon the public weal, 
 rather than in the inherent nature of the calling itself. 
 
 In Allgeyer v. Louisiana, 165 U. S. 578, the court, 
 referring to the fourteenth amendment to the Constitu- 
 tion of the United States, said: 
 
 "The liberty mentioned in that amendment means 
 not only the right of the citizen to be free from the mere 
 physical restraint of his person, as by incarceration, but 
 the term is deemed to embrace the right of the citizen 
 to be free in the enjoyment of all his faculties ; to be free 
 to use them in all lawful ways ; to live and work where 
 he will; to earn his livelihood by any lawful calling; to
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 324 
 
 pursue any livelihood or avocation, and for that purpose 
 to enter into all contracts which may be proper, neces- 
 sary and essential to his carrying out to a successful 
 conclusion the purposes above mentioned." 
 
 It is thought the act at bar interferes with certain of 
 the personal rights here defined, particularly with the 
 right of contract, and is for that reason violative of this 
 provision of the Constitution. But it is recognized in 
 the case cited, and in many others, that these rights are 
 not absolute. On the contrary, it has been many times 
 said that there is no absolute right to do as one wills, 
 pursue any calling one desires, or contract as one 
 chooses; that the term liberty means absence of arbi- 
 trary restraint, not immunity from reasonable regula- 
 tions and prohibitions imposed in the interests of the 
 community. The principle was thus stated in Frisbie v. 
 United States, 157 U. S. 160: 
 
 "A second objection, insisted upon now as it was by 
 demurrer to the indictment, is that the act under which 
 the indictment was found is unconstitutional, because 
 interfering with the price of labor and the freedom of 
 contract. This objection also is untenable. While it 
 may be conceded that, generally speaking, among the 
 inalienable rights of the citizens is that of the liberty of 
 contract, yet such liberty is not absolute and universal. 
 It is within the undoubted power of government to re- 
 strain some individuals from all contracts, as well as all 
 individuals from some contracts. It may deny to all the 
 right to contract for the purchase or sale of lottery tick- 
 ets; to the minor the right to assume any obligations, 
 except for the necessaries of existence; to the common 
 carrier the power to make any contract releasing himself 
 from negligence, and, indeed, may restrain all engaged 
 in any employment from any contract in the course of 
 that employment which is against public policy. The 
 possession of this power by government in no manner 
 conflicts with the proposition that, generally speaking,
 
 3^5 WASHINGTON ACT. 
 
 every citizen has a right freely to contract for the price 
 of his labor, services, or property." 
 
 Again, in the case of Holden v. Hardy, 169 U. S. 366, 
 the court, holding constitutional the statute of the State 
 of Utah fixing the number of hours a workingman 
 should be permitted to work continuously in under- 
 ground mines, used this language: 
 
 "This right of contract, however, is itself subject to 
 certain limitations which the state may lawfully impose 
 in the exercise of its police powers. While this power 
 is inherent in all governments, it has doubtless been 
 greatly expanded in its application during the past cen- 
 tury, owing to an enormous increase in the number of 
 occupations which are dangerous, or so far detrimental 
 to the health of employes as to demand special precau- 
 tions for their well-being and protection, or the safety 
 of adjacent property. While this court has held, notably 
 in the cases Davidson v. New Orleans, 96 U. S. 97, and 
 Yick Wo v. Hopkins, 118 U. S. 356, that the police 
 power can not be put forward as an excuse for oppres- 
 sive and unjust legislation, it may be lawfully resorted 
 to for the purpose of preserving the public health, safety 
 or morals, or the abatement of public nuisances, and a 
 large discretion 'is necessarily vested in the legislature 
 to determine not only what the interests of the public 
 require, but what measures are necessary for the protec- 
 tion of such interests.' ' 
 
 So, in State v. Buchanan, supra, this court, holding 
 constitutional the act limiting the number of hours 
 women could be required to work in one day in mechan- 
 ical and mercantile establishments, said: 
 
 "Law is, or ought to be, a progressive science'. While 
 the principles of justice are immutable, changing condi- 
 tions of society and the evolution of employment make 
 a change in the application of principles absolutely neces- 
 sary to an intelligent administration of government. In 
 the early history of the law, when employments were
 
 i2/ WORKMEN'S COMPENSATION AND INSURANCE. 326 
 
 few and simple, the relative conditions of the citizen and 
 the state were different, and many employments and 
 uses which were then considered inalienable rights have 
 since, from the very necessity of changed conditions, 
 been subjected to legislative control, restriction, and re- 
 straint. This all flows from the old announcement made 
 by Blackstone that when man enters into society, as a 
 compensation for the protection which society gives to 
 him, he must yield up some of his natural rights, and, as 
 the responsibilities of the government increase, and a 
 greater degree of protection is afforded to the citizen, 
 the recompense is the yielding of more individual rights. 
 Transportation companies are now controlled and re- 
 stricted, where a few years ago they claimed the right 
 to transact their business exactly as it suited their private 
 interests. The practice of medicine is restricted and 
 controlled; laws against quackery and empiricism are 
 enforced without question. The sale of liquor, which 
 formerly was a legitimate business, and which the citizen 
 had a right to enter into, as he did any other business, 
 without any restrictions, has now become subject to the 
 control of the state, or to actual prohibition at the will of 
 the state. The changing conditions of society have made 
 an imperative call upon the state for the exercise of these 
 additional powers, and the welfare of society demands 
 that the state should assume these powers, and it is the 
 duty of the court to sustain them whenever it is found 
 that they are based upon the idea of the promotion and 
 protection of society." 
 
 If, therefore, the act in controversy has a reasonable 
 relation to the protection of the public health, morals, 
 safety of welfare, it is not to be set aside because it may 
 incidentally deprive some person of his property without 
 fault or take the property of one person to pay the obli- 
 gations of another. To be fatally defective in these re- 
 spects, the regulation must be so utterly unreasonable
 
 3 2 7 WASHINGTON ACT. 127 
 
 and so extravagant in nature and purpose as to capri- 
 ciously interfere with and destroy private rights. 
 
 That the statute here in question has the attribute 
 of reasonableness, rather than that of capriciousness, 
 seems incontrovertible. The evil it seeks to remedy is 
 one .that calls loudly for action. Accidents to workmen 
 engaged in the industries enumerated in it are all but in- 
 evitable. It seems that no matter how carefully laws 
 for the prevention of accident in such industries may be 
 framed, or how rigidly they may be enforced, there is an 
 element of human equation that enters into the problem 
 which can not be eliminated and which invariably causes 
 personal injuries and consequent financial losses to 
 workmen engaged therein. Heretofore these losses 
 have been borne by the injured workmen themselves, by 
 their dependents, or by the State at large. It was the 
 belief of the legislature that they should be borne by the 
 industries causing them, or, perhaps more accurately, by 
 the consumers of the products of such industries. That 
 the principle thus sought to be put into effect is eco- 
 nomically, sociologically, and morally sound, we think 
 must be conceded. It is so treated by the learned coun- 
 sel who have filed briefs in support of the auditor's con- 
 tentions; it is so conceded by all modern statesmen, jur- 
 ists, and economic writers who have voiced their opinion 
 on the subject; and the principle has been enacted into 
 law by nearly all of the civilized countries of Europe, by 
 Australia, by New Zealand, by the Transvaal, by the 
 principal Provinces of the Dominion of Canada, and in a 
 partial form at least by one or more of South American 
 Republics. Indeed, so universal is the sentiment that 
 to assert to the contrary is to turn the face against the 
 enlightened opinion of mankind. The common law does 
 not purport to afford a remedy for the condition here 
 found to exist. It affords relief to an injured workman 
 in only a limited number of cases; cases where the in- 
 jury is the result of fault on the part of the employer
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 328 
 
 and there is want of fault on the part of the workman. 
 For the greater number of injuries traceable to the dan- 
 gers incident to industry, no remedy at all is afforded. 
 The act, therefore, having in its support these economic 
 and moral considerations, is not unconstitutional for the 
 reasons suggested upon this branch of the argument. 
 
 Passing to the second objection, it is well settled 
 that neither the clause of the State constitution prohibit- 
 ing class legislation, nor the clause of the fourteenth 
 amendment to the Constitution of the United States 
 relating to the equal protection of the laws, takes from 
 the State the power to classify in the adoption of police 
 regulations. The limitations imposed admit of a wide 
 discretion in this respect, and avoid only what is done 
 without any reasonable basis; that is, such regulations 
 as are in their nature arbitrary. The learned counsel 
 for the auditor recognize this distinction, and conse- 
 quently do not attack the act because it is confined to 
 extra hazardous occupations as its field of regulation, 
 but complain because its benefits are not confined to 
 workmen injured while engaged in such occupations. It 
 is claimed that the act allows workmen employed in 
 such industries the benefit of the act when injured out- 
 side of the line of their duties, or when engaged in the 
 business of the concern in a capacity not affected by the 
 peculiar hazards of the business. We have quoted 
 enough of the statute to show that it is somewhat ob- 
 scure in these respects, but we are not inclined to think 
 the point fatal to the act, even though we concede coun- 
 sel's interpretation of it to be the correct one. In sec- 
 tion 27, the legislature has made it clear that it did not 
 intend the provisions relating to those who are entitled 
 to partake of its benefits to be so far an integral part of 
 the act that it could not be eliminated in part without 
 destroying the act in its entirety. It is there expressly 
 provided that the adjudication of invalidity of any part 
 of the act shall not affect the validity of the act as a
 
 3 2 9 WASHINGTON ACT. I2 7 
 
 whole or any other part thereof. This means that the 
 legislature intended the act to be enforced as far as it 
 may be, even though it might not be valid in its entirety. 
 It was competent for the legislature so to provide. Any- 
 thing it could have eliminated itself and left an operative 
 act, can be eliminated by the courts without destroying 
 the entire act, if it is the will of the legislature that the 
 remaining parts of the act shall stand after such elim- 
 ination. So here, if it be true that the legislature has 
 gone too far in this direction, and has attempted to in- 
 clude within its benefits certain employes who can not 
 be included without including employes generally, these 
 can be omitted in the administration of the act without 
 the necessity of nullifying the entire act. But whether 
 any such workmen are so improperly included, we shall 
 not here determine. The question can best be met when 
 it arises during the course of the act's administration. 
 
 Again, it is said that the act violates the provisions 
 relating to class legislation because it diverts the contri- 
 butions exacted from the numerous industries to the 
 relief of a particular class of injured and disabled work- 
 men, instead of applying it to the relief of injured work- 
 men generally or applying it to the use of the State at 
 large. But to divert the money collected in this man- 
 ner to a special use is one of the prerogatives of legisla- 
 tion. The right of the State to regulate any form of 
 industry arises from the fact that its pursuit affects 
 injuriously the health, safety, morals, or welfare of the 
 persons engaged in it, or is inimical in some form to 
 some portion of the individuals of the community. It is 
 not necessary that it always affect injuriously the public 
 at large. On the contrary, it may be regulated if it 
 affects injuriously those engaged in it, or those brought 
 in direct contact with it, even though its pursuit may 
 benefit generally the people of the State at large. Nor 
 is there any particular form which the regulation must 
 take. The conduct of the business may be prohibited
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. '330 
 
 entirely in a particular place or in a particular manner; 
 its pursuit may be restricted to certain hours of the day; 
 it may be permitted to be conducted only in case pro- 
 tective devices are used; or it may be permitted in cer- 
 tain forms and a sum of money exacted from the indi- 
 viduals carrying- it on for the purpose of recompensing 
 those who suffer losses because thereof. 
 
 So in this instance, if the legislature believed that to 
 permit the pursuit of the industries named after the 
 present manner of conducting them was generally for 
 the public good in spite of the losses the method of pur- 
 suit entailed, there is no reason why it should not con- 
 fine its regulations to compelling the owners and con- 
 ductors of such industries to create a fund out of which 
 the losses caused thereby should be made good. That 
 legislation in this form is not class legislation, nor a 
 denial to owners of property of the equal protection of 
 the laws is well sustained by authority. 
 
 In Jensen v. South Dakota Cent. R. Co., supra, the 
 court, discussing the question, used this language : 
 
 "The exercise of the police power in this class of 
 cases is based upon the ground that, where persons are 
 engaged in a calling or business attended with danger 
 to other persons and their property, then the legislature 
 may step in and impose conditions upon the exercise of 
 such calling or business for the general good and wel- 
 fare of society, -and may prescribe the terms on which 
 such dangerous calling or business will be permitted to 
 be carried on by persons in charge thereof, whether such 
 persons happen to be private individuals or railway cor- 
 porations. The fact that such legislative exercise of the 
 police power applies alike to all persons and all corpora- 
 tions engaging in such dangerous calling or business 
 relieves it from the charge and contention that there is 
 a denial of equal protection under the law by reason of 
 such enactments." 
 
 In Firemen's Benevolent Ass'n v. Lounsbury, supra,
 
 33 l WASHINGTON ACT. 127 
 
 the court had under consideration a statute of the State 
 of Illinois which created a corporation called the Fire- 
 men's Benevolent Association, and required every in- 
 surance agent in the city of Chicago to pay to the as- 
 sociation a fixed percentage upon the amount of fire in- 
 surance premiums collected by him per year from fire 
 insurance effected upon property in the city, to be used 
 solely for the relief of distressed, sick, injured, or dis- 
 abled firemen and their immediate families. Answering 
 the objection that the act was void as class legislation, 
 the court said: 
 
 "There is nothing to be found in the constitution 
 which can be held to inhibit the legislature from impos- 
 ing burthens, or raising money from citizens of the 
 State, which is not for the direct benefit of the State, and 
 is never designed to belong to the State. To deprive 
 the legislature of this power, would to a great extent 
 destroy its usefulness while it would to a certain ex- 
 tent, deprive it of the power of abuse, it would destroy 
 its power to regulate by law^ a thousand things, which 
 the public good requires should be regulated by law. 
 * * * Let us once hold that the legislature could not 
 compel any citizen to submit to a burthen, except for the 
 benefit of the State aggregate, or for some subdivision 
 of it, as a county, city or town, or to pay any money 
 except it shall go into the State or some subordinate 
 public treasury, and we should soon find ourselves on 
 the brink of anarchy itself we should tie up the hands 
 of the legislature it is true, so that they might not do 
 some evils which they have hitherto had the power of 
 doing; but we should also let loose upon society ten 
 thousand evils, which in every well-regulated commun- 
 ity it has always been the duty of the legislature to sup- 
 press. It is in the exercise of this indispensable power, 
 that ferries, toll bridges and the like are licensed or 
 chartered. The legislature, finding it necessary to afford 
 especial encouragement to private enterprise to erect a
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 332 
 
 bridge or a ferry, has ever exercised the power of im- 
 posing a burthen on some, for the benefit of others. 
 Who ever doubted the right of the legislature to charter 
 a bridge and to require all persons crossing the stream 
 within certain limits, to pay the tolls, whether they cross 
 on the bridge or not? It is the exercise of the same 
 power, which fixes the fees of officers for the perform- 
 ance of certain services. It is the power which the 
 legislature possesses, of imposing burthens upon certain 
 members of the community who are supposed to be 
 benefited, by the efforts or acts of certain other mem- 
 bers of the community, as a reward or compensation for 
 such acts. * * * It would fill a volume to enumer- 
 ate all the familiar instances of the exercise of this power 
 a power which must be exercised constantly in every 
 civilized community, or the well being of that commun- 
 ity must vitally suffer." 
 
 In State v. Cassidy, 22 Minn. 312, 21 Am. Rep. 765, 
 the court sustained an act which required the vendors 
 of intoxicating liquors to pay a fixed sum per annum 
 into the State treasury, in addition to the usual license 
 fee, as a fund to be disbursed by a State commission in 
 the creation and operation of a State asylum for the 
 care and cure of inebriates. The court in its opinion 
 points out that the act is an exercise of police power, 
 saying: 
 
 "It regards the traffic as one tending to produce in- 
 temperance, and as likely, by reason thereof, to entail 
 upon the State the expense and burthen of providing for 
 a class of persons rendered incapable of self-support, the 
 evil influence of whose presence and example upon 
 society is necessarily injurious to the public welfare and 
 prosperity, and, therefore, calls for such legislative inter- 
 position as will operate as a restraint upon the business, 
 and protect the community from the mischiefs, evils and 
 pecuniary burthens flowing from its prosecution. * * * 
 That these provisions unmistakably partake of the na-
 
 333 WASHINGTON ACT. 127 
 
 ture of police regulations, and are strictly of that char- 
 acter, there can be no doubt, nor can it be denied that 
 their expediency or necessity is solely a legislative, and 
 not a judicial, question. * * * 
 
 "Regarding the law as a precautionary measure, in- 
 tended to operate as a wholesome restraint upon the 
 traffic, and as a protection to society against its conse- 
 quent evils, the exacted fee is not unreasonable in 
 amount, and the purpose to which it is devoted is strictly 
 pertinent and appropriate. It could not be questioned 
 but that a reasonable sum imposed in the way of an in- 
 demnity to the State against the expense of maintaining 
 a police force to supervise the conduct of those engaged 
 in the business, and to guard against the disorders and 
 infractions of law occasioned by its prosecution, would 
 be a legitimate exercise of the police power, and not 
 open to the objection that it was a tax for the purpose 
 of revenue, and, therefore, unconstitutional. Reclaim- 
 ing the inebriate, restoring him to society, prepared 
 again to discharge the duties of citizenship, equally pro- 
 motes the public welfare, and tends to the accomplish- 
 ment of like beneficial results, and it is difficult to see 
 wherein the imposition of a reasonable license fee would 
 be any the less a proper exercise of this power in the one 
 case than in the other. The purpose to which the license 
 fund created by the act is designated is more consonant 
 to the idea of regulating the traffic and preventing its 
 evils than is the case under the general license law, 
 which devotes the fees received to common-school pur- 
 poses, and we are not aware that any objection has ever 
 been urged against that law on that account." 
 
 A statute of Kentucky imposed upon all dogs a tax 
 at a fixed sum per capita, to be paid by their owners, for 
 the creation of a fund to be disbursed to sheep growers 
 whose sheep should be injured or destroyed by the rav- 
 ages of dogs. In McGlone v. Womack, 129 Ky. 274, 111 
 S. W. 688, 17 L. R. A. (N. S.) 855, this statute was chal-
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 334 
 
 lenged by a number of owners of dogs on the ground 
 that it violated the State constitution. Answering the 
 objection that it was class legislation, the court said: 
 
 "Nor do we think the act is inimical to that portion 
 of section 3 of the bill of rights which provides : '* * * 
 And no grant of exclusive, separate public emoluments 
 or privileges shall be made to any man or set of men, ex- 
 cept in consideration of public services. * * *' As 
 we view it, the statute does not confer any special privi- 
 lege on the owner of sheep. It merely protects these 
 owners from the destruction of their property by dogs. 
 It is the duty of the State to protect every citizen in his 
 life, liberty, and property; and it certainly is within the 
 competency of the legislature to exercise the police 
 power of the State to protect all property against the 
 ravages of destructive animals. The question as to how 
 this is to be done and what property is to be so pro- 
 tected is a matter of legislative discretion. Undoubtedly 
 the sheep industry is a most important one to the whole 
 State. All of our citizens are interested in an industry 
 which supplies the market with wholesome meat, pro- 
 vides means of obtaining warm and comfortable cloth- 
 ing, and at the same time furnishes labor to the other- 
 wise unemployed. It is only necessary to allude to this 
 phase of the question. The importance of the industry 
 as a whole is most obvious. It is equally obvious that 
 sheep are peculiarly liable to the ravages of dogs. They 
 have neither the fleetness to escape nor the courage to 
 defend themselves from attack, and their silent suffering 
 enables the dog to prey upon them without any danger 
 that the owner will be warned of the destruction of his 
 property by the outcry of the dying animal. * * * 
 The fact that sheep are generally killed at night when 
 it is impossible to ascertain the owner of the dog com- 
 mitting the ravage makes it necessary, if protection is to 
 be had through this channel at all, that each owner of a 
 dog should be required to contribute a small amount to
 
 335 WASHINGTON ACT. 127 
 
 a common fund dedicated to the remuneration of own- 
 ers of sheep killed by unknown dogs. As said before, 
 this is simply requiring the owners of dogs to make good 
 the ravages of dangerous animals kept by them ; and no 
 citizen has just cause of complaint, if he keeps animals 
 destructive to the property of others, that he is required 
 to make good the damages done by them. The statute 
 in truth, is but an enforcement of the maximum, 'sic 
 utere tuo ut alienum non laedas,' and, as such, its con- 
 stitutionality is beyond successful question." 
 
 (See, also, Leavitt v. City of Morris, 105 Minn. 170, 
 117 N. W. 393, 17 L. R. A. (N. S.) 984; Mitchell v. Wil- 
 liams, 27 Ind. 62; Van Horn v. People, 46 Mich. 183, 9 
 N. W. 246, 41 Am. Rep. 159; Cole v. Hall, 103 111. 30; 
 Longyear v. Buck, 83 Mich. 236, 47 N. W. 234, 10 L. R. 
 A. 43; Hoist v. Roe, 39 Ohio St. 340, 48 Am. Rep. 459; 
 State v. Frame, 39 Ohio St. 399.) 
 
 The foregoing cases, while defending the statute 
 here in question against the charge of class legislation, 
 are interesting from another aspect also. They furnish 
 examples of constitutional statutes creating liability 
 without fault. To effect insurance as an agent, to sell 
 intoxicating liquors where not forbidden by the State, 
 or to own and keep dogs, is not of itself unlawful; and 
 it would seem that any reason which would justify the 
 levying of a tax on persons pursuing these occupations 
 as business callings, or owning and keeping the species 
 of property mentioned, would justify the levy sought to 
 be made by the act before us. 
 
 The third principal objection to the constitutionality 
 of the act is that it violates the provisions of the consti- 
 tution designed to secure equal and uniform taxation of 
 property for public purposes. As the charge laid on the 
 persons engaged in the industries named in the act is 
 a pecuniary burden imposed by public authority, it par- 
 takes of the nature of a tax, and in the language of a 
 distinguished judge discussing a similar question, "for
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 336 
 
 many purposes might be so spoken of without harm." 
 But it is manifest that it is not a tax in the sense the 
 word is used in the sections of the constitution to which 
 reference is here made. No accession to the public 
 revenue, general or local, is authorized or aimed at. The 
 purpose of the exaction is entirely different. It is to be 
 used, not to meet the current expenses of government, 
 but to recompense employes of the industries on whom 
 the burden is imposed for injuries received by them 
 while engaged in the pursuit of their employment. It 
 is the consideration which the owners of the industries 
 pay for the privilege of carrying them on. It is, there- 
 fore, in the nature of a license tax, and can be justified 
 on the principle of law that justifies the imposition and 
 collection of license taxes generally. In this State, such 
 taxes may be imposed, either as a regulation or for the 
 purposes of revenue, the only limitation upon the power 
 being that such taxes when imposed on useful trades and 
 industries shall not be unreasonable, and if a class of 
 trades or industries is selected from the whole, and the 
 tax imposed upon the class selected alone rather than 
 upon the whole, that there be some reasonable ground 
 for making the distinction. (Walla Walla v. Ferdon, 
 21 Wash. 308, 57 Pac. 796; Fleetwood v. Read, 21 Wash. 
 547, 58 Pac. 665, 47 L. R. A. 205 ; Stull v. DeMattos, 23 
 Wash. 71 ; 62 Pac. 451, 51 L. R. A. 892; Seattle v. Barto, 
 31 Wash. 141, 71 Pac. 735; In re Garfinkle, 37 Wash. 
 650, 80 Pac. 188; Oilure Mfg. Co. v. Pidduck-Ross Co., 
 38 Wash. 137, 80 Pac. 276; McKnight v. Hodge, 55 
 Wash. 289, 104 Pac. 504.) 
 
 The general rule governing the right to impose such 
 license taxes is well stated by Judge Brewer in City of 
 Newton v. Atchison, 31 Kan. 1ST, 1 Pac. 288, 47 Am. 
 Rep. 486, in the following language: 
 
 "Before noticing some specific objections which are 
 made to this particular tax, we think it proper to state
 
 337 WASHINGTON ACT. 127 
 
 certain general propositions which underlie this matter 
 of a license tax. 
 
 "First. In the absence of any inhibition, express or 
 implied, in the constitution, the legislature has power, 
 either directly to levy and collect license taxes on any 
 business or occupation, or to delegate like authority to 
 a municipal corporation. This seems to be the con- 
 current voice of all the authorities. In 1 Dillon on 
 Municipal Corporations, 3d ed., sec. 357, note, the author 
 says: 'Unless specially restrained by the constitution, 
 the legislature may provide for the taxing of any occupa- 
 tion or trade, and may confer this power upon municipal 
 corporations.' In Burroughs on Taxation, page 148, is 
 this language : 'Where the constitution is silent on the 
 subject, the right of the State to exact from its citizens 
 a tax regulated by the avocations they pursue, can not 
 be questioned.' In Savings Society v. Coite, 6 Wall. 
 606, the Supreme Court of the United States, thus states 
 the law: 'Nothing can be more certain in legal decision 
 than that the privileges and franchises of a private cor- 
 poration, and all trades and avocations by which the citi- 
 zens acquire a livelihood, may be taxed by a State for 
 the support of the State government/ (Hamilton Co. 
 v. Massachusetts, 6 Wall. 638; Cooley on Taxation, 384 
 to 392, 410.) On page 384 the author observes, The 
 same is true of occupations; government may tax one, 
 or it may tax all. There is no restriction upon its power 
 in this regard unless one is expressly imposed by the 
 constitution.' 
 
 "In State Tax on Foreign-held Bonds, 15 Wall. 300, 
 Field, J., among other things, speaking of the power of 
 taxation, says : 
 
 " 'It may touch property in every shape, in its natural 
 condition, in its manufactured form and in its various 
 transmutations. And the amount of taxation may be 
 determined by the value of the property, or its use, or 
 its capacity, or its productiveness. It may touch busi- 
 22 BOTD w c
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 338 
 
 ness in the almost infinite forms in which it is con- 
 ducted; in professions, in commerce, in manufactures, 
 and in transportation. Unless restrained by the consti- 
 tution, the power as the mode, form and extent of taxa- 
 tion is unlimited.' 
 
 "(See also the authorities collected in Fretwell v. 
 City of Troy, 18 Kas. 274.) Nor does this rest alone upon 
 a mere matter of authority. Full legislative power is, 
 save as specially restricted by the constitution, vested in 
 the legislature. Taxation is a legislative power. Full 
 discretion and control therefore in reference to it are 
 vested in the legislature, save when specially restricted. 
 There is no inherent vice in the taxation of avocations. 
 On the contrary, business is as legitimate an object of 
 the taxing power as property. Oftentimes a tax on 
 the former results in a more even and exact justice than 
 one on the latter. Indeed, the taxing power is not lim- 
 ited to either property or avocation. It may, as was in 
 fact done during the late war and the years immediately 
 succeeding, be cast upon incomes, or placed upon deeds 
 and other instruments. We know there is quite a preju- 
 dice against occupation taxes. It is thought to be really 
 double taxation. Judge Dillon well says that 'such taxes 
 are apt to be inequitable, and the principle not free from 
 danger of great abuse.' Yet, wisely imposed, they will 
 go far toward equalizing public burdens. A lawyer and 
 a merchant may, out of their respective avocations, ob- 
 tain the same income. Each receives the same protec- 
 tion and enjoys the same benefits of society and govern- 
 ment. Yet the one having tangible property pays 
 taxes; the other, whose property is all in legal learning 
 and skill, wholly intangible, pays nothing. A wisely- 
 adjusted occupation tax equalizes these inequalities. 
 But after all, these are questions of policy, and for legis- 
 lative consideration. It is enough for the courts that 
 both occupation and property are legitimate objects of 
 taxation; that they are essentially dissimilar; that con-
 
 339 WASHINGTON ACT. 127 
 
 stitutional provisions regulating the taxation of one do 
 not control that of the other; and that there are no con- 
 stitutional inhibitions on the taxation of business, either 
 by the legislature directly, or by the municipal corpora- 
 tions thereto empowered by the legislature. 
 
 "Second. There is no inhibition, expressed or im- 
 plied, in our constitution, on the power of the legislature 
 to levy and collect license taxes, or to delegate like 
 power to municipal corporations. It is not pretended 
 that there is any express inhibition. It has been con- 
 tended that section 1, article 11, creates an implied in- 
 hibition, and this because it reads that 'the legislature 
 shall provide for a uniform and equal rate of assessment 
 and taxation.' But that section obviously refers to prop- 
 erty, and not to license taxes." 
 
 In Fleetwood v, Read, supra, this court, discussing 
 the question whether taxation of this sort was prohibited 
 by the constitution, said: 
 
 "It is insisted, also that the ordinance is void because 
 it imposes a burden upon a portion, and not the whole, 
 of a class of merchants. We do not think this conten- 
 tion is tenable. The ordinance does apply to all mer- 
 chants who see fit to engage in the business of buying 
 tickets of that kind, and the constitutional provision 
 (art. 1, sec. 12) that no law shall be passed granting to 
 any citizen, class of citizens, or corporation other than 
 municipal, privileges or immunities which, upon the 
 same terms, shall not equally belong to all citizens or 
 corporations, can not be invoked against this ordinance. 
 The adjudicated cases in this respect are so numerous 
 that it is scarcely worth while to mention them here. 
 
 "The ordinance can not be held void on account of 
 excessive burden imposed. It is not so oppressive that 
 it will in any way interfere with the rights of merchants. 
 However wrong the policy may be which prompted the 
 enactment of this ordinance, or however doubtful the 
 propriety of passing such an ordinance, those are ques-
 
 i2/ WORKMEN'S COMPENSATION AND INSURANCE. 340 
 
 tions which are submitted by the legislature to the dis- 
 cretion of the council, and upon them it is not our 
 province to comment. We think without further in- 
 vestigation, that there is no doubt that the ordinance 
 is warranted by legislative authority. 
 
 "Some question was raised by the court at the time 
 of the argument of this case in relation to the ordinance 
 being in conflict with sees. 1, 2 and 9 of art. 7 of the State 
 constitution, which provide for uniformity in taxation. 
 Counsel for the respondent was requested by the court 
 to furnish it with a brief on that subject, which he did, 
 and upon an examination of the cases cited and of other 
 cases, we have become convinced that the question 
 raised by the court was not a question pertinent in this 
 case; that, under the great weight of authority, a tax on 
 occupation, business, etc., is not, in legal contemplation, 
 a tax on property, which falls within the inhibition im- 
 posed by the usual constitutional provisions in relation ta 
 uniformity of taxation ; and, in consideration of the fact 
 that the State constitution is a limitation upon the 
 actions and powers of the legislature instead of a grant 
 of power, that the power of the legislature to tax trades, 
 professions and occupations is, in the absence of con- 
 stitutional restriction, a matter within its absolute con- 
 trol and resting entirely in sound legislative discretion." 
 
 The sums exacted from the several industries named 
 we think may be treated as partaking both of the nature 
 of a license for revenue and regulation; as such, how- 
 ever, we find nothing in the principle inimical to either 
 the State or Federal constitutions. 
 
 The fourth principal reason for which the act is 
 thought to be unconstitutional is that it interferes with 
 the right of trial by jury. It is said that the legislature 
 can not fix a Procrustean rule for the admeasurement 
 of damages arising from injuries received by one in the 
 employment of another, as the employer and the em- 
 ploye alike have the right to submit to a jury both the
 
 34 1 WASHINGTON ACT. I2/ 
 
 question of the right to recover for any such injury, and 
 the question of the amount that may be recovered there- 
 for. But we can not think the rule absolute. It may 
 be that the legislature can not fix the amount of recov- 
 ery, or provide for an absolute recovery, in all cases 
 where one person is injured by another, regardless of 
 the relation of the parties, or the question whether the 
 injury is or is not the result of negligence; but it does 
 not follow that it may not so provide where the injury 
 happens in that class of employments subject to legis- 
 lative regulation and control. If it be, as we have at- 
 tempted to show, a proper regulation of hazardous in- 
 dustries to compel those engaged therein as owners or 
 operators to pay a fixed sum into a fund to be used for 
 the purpose of compensating the employes thereof for 
 injuries received by them, it is difficult to understand 
 why it is not also proper regulation to require the em- 
 ployes of such industries to accept a given sum for any 
 injury that they may receive while so engaged. The 
 same power that authorizes the State to regulate the 
 participation of the one in the particular industry would 
 seem to authorize it to regulate the participation of the 
 other therein. Theoretically, of course, the employer 
 and employe, on entering into a contract by which the 
 one engages the services of the other, stand on the same 
 plane; but in practice, as it is well known, this ideal con- 
 dition very seldom exists. Greed and sagacity on the 
 one side, and necessity and incapacity on the other, 
 some time lead to contracts that create conditions little 
 short of peonage; and our own reports abound with 
 instances where men have been induced to work in situ- 
 ations so dangerous to life and limb that the wonder is 
 not that some of them were injured, but rather, that any 
 of them escaped injury. Indeed, it is a common thing 
 for an employer, in defense of an action of damages 
 brought by his employe for injury received in such a 
 situation, to urge that the dangers of the place were so
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 342 
 
 obvious and apparent that the employe was guilty of 
 contributory negligence for working therein. These 
 conditions, we think, authorize the interference of the 
 legislature. The grounds upon which the employer 
 may be held to contribute to a fund for the relief of all 
 injuries sustained by his employes whatever the cause, 
 we have already stated. The obligation of the employe 
 to accept the conditions of the statute can rest on like 
 grounds: namely, the welfare of the State. The rela- 
 tion being one of contract between employer and 
 employe, the State may make it a condition of the con- 
 tract that the employe shall accept a fixed sum for any 
 injury he may receive while engaged in the employment, 
 whether the injury be the result of the inherent dangers 
 of the employment or the result of some fault of his 
 employer. 
 
 There is, of course, no direct authority supporting 
 the contention that the right of trial by jury may be thus 
 taken away. There are, however, cases maintaining 
 principles more or less analogous to the principle thus 
 involved. Of these State v. Buchanan, and Holden v. 
 Hardy, supra, are illustrative. In these cases it is held 
 that the legislature may limit the number of hours a 
 workman shall be permitted to labor in certain classes 
 of employments, on the principle that to do so is to pro- 
 tect the health of the individual workman and thus con- 
 tribute to the public welfare. If it be within the rule of 
 the police powers of the State to interfere with the 
 workman's personal freedom in this regard, it would 
 seem to be no greater stretch of power to go one step 
 farther and provide that if he be injured while so labor- 
 ing, he shall receive a sure award in a limited sum as 
 compensation for his injury, and in lieu thereof shall 
 forego his common law action in damages therefor. 
 
 The common-law system of making awards for per- 
 sonal injuries has no such inherent merit as to make a 
 change undesirable. While courts have often said that
 
 343 WASHINGTON ACT. 127 
 
 the question of the amount of compensation to be 
 awarded for a personal injury is one peculiarly within 
 the province of the jury to determine, the remark has 
 been induced rather because no better method for solv- 
 ing the problem is afforded by that system than because 
 of the belief that no better method could be devised. 
 No one knows better than judges of courts of nisi prius 
 and of review that the common-law method of making 
 such awards, even in those instances to which it is ap- 
 plicable, proves in practice most unsatisfactory. All 
 judges have been witnesses to extravagant awards made 
 for most trivial injuries, and trivial awards made for 
 injuries ruinous in their nature; and perhaps no verdicts 
 of juries are interfered with so often by the courts as 
 verdicts making awards in such cases. There is no 
 standard of measurement that the court can submit to 
 the jury by which they can determine the amount of the 
 award. The test of reasonableness means but little to 
 the ordinary juror. Unused as he is generally to wit- 
 nessing the results of injuries, he is inclined to measure 
 his verdict by the amount of disorder he observes, rather 
 than by the actual amount of disablement the injury has 
 caused. Nor is he aided in this respect by the testi- 
 mony of medical experts. Conflicting as such testi- 
 mony usually is, it tends rather to confuse than to en- 
 lighten him. Perhaps the whole difficulty lies in the 
 fact that the question is too much one of opinion, and 
 not enough of fact. It must be remembered, also, that 
 the remedy afforded by the common law, as we have 
 elsewhere remarked, can be applied only in a limited 
 number of cases of injury; cases where the injury is the 
 result of negligence on the part of the employer, not 
 contributed to by the employe. For the greater num- 
 ber of injuries the common law affords no remedy at 
 all. For this unscientific system, it is proposed to sub- 
 stitute a system which will make an award in all cases 
 of injury, regardless of the cause or manner of its in-
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 344 
 
 fliction; limited in amount, it is true, but commensurate 
 in some degree to the disability suffered. The desir- 
 ability of this substitution is unquestioned, and we be- 
 lieve that the legislature had the power to make it with- 
 out violating any principle of the fundamental law. 
 
 The objection may be answered also in another way. 
 The constitution does not undertake to define what shall 
 constitute a cause of action, nor to prohibit the legis- 
 lature from so doing. The right of trial by jury ac- 
 corded by the constitution, as applicable to civil cases, is 
 incident only to causes of action recognized by law. The 
 act here in question takes away the cause of action, on 
 the one hand, and the ground of defense, on the other; 
 and merges both in a statutory indemnity, fixed and 
 certain. If the power to do away with a cause of action 
 in any case exists at all, in the exercise of the police 
 power of the State, then the right of trial by jury is 
 thereafter no longer involved in such cases. The right 
 of jury trial being incidental to the right of action, to 
 destroy the one is to leave the other nothing upon which 
 to operate. 
 
 The auditor also complains of the scheme adopted 
 by the legislature for correcting the evil they have found 
 to exist. It is said that the scheme is unduly cumber- 
 some; that its administration will prove unnecessarily 
 costly and burdensome to those whose interests are 
 affected by it, and will lead to public and private abuses 
 and consequent evils more dangerous to the State than 
 the evil that it is sought to correct. But the courts are 
 slow to inquire into the mere wisdom of a statute. This 
 question is so pre-eminently one for the law-making 
 branch of the Government that the courts will interfere 
 only where there can be no two opinions as to the 
 mischievous and evil tendencies of the act. The act in 
 question here was framed by a commission composed 
 of men eminent for their ability, who gave to the work 
 extended consideration. It was selected by the legis-
 
 345 WASHINGTON ACT. 1 27 
 
 lature from among a number of proposed acts having 
 a similar purpose submitted for their examination; and 
 this, too, after its evil tendencies had been fully pointed 
 out by the representatives of the different interests to be 
 affected by it. In the light of these facts, the court can 
 not do otherwise than put it to the test of practice. 
 Moreover, the question becomes one of less importance 
 when it is remembered that the sessions of the legisla- 
 ture are sufficiently close together to enable that body 
 to correct any evil influence the enforcement of the act 
 may have before it becomes unduly harmful. 
 
 In the foregoing discussion we have not referred to 
 the decision of the Court of Appeals of the State of New 
 York in the case of Ives v. South Buffalo R. Co., 201 
 N. Y. 271, 94 N. E. 431 [Bulletin No. 92, p. 251], which 
 holds the workingmen's compensation act of that State 
 to be in conflict with the due process of law clause of 
 the State constitution, and the fourteenth amendment 
 to the Constitution of the United States. The case has, 
 however, been the subject of extended consideration in 
 the briefs of counsel, and it is urged upon us by counsel 
 for the auditor as conclusive of the questions at bar. 
 The act the court there had in review is dissimilar in 
 many respects to the act before us, and is perhaps less 
 easily defended on economic grounds. The principle 
 embodied in the statutes is, however, the same; and it 
 must be conceded that the case is direct authority 
 against the position we have here taken. We shall 
 offer no criticism of the opinion. We will only say that, 
 notwithstanding the decision comes from the highest 
 court of the first State of the Union, and is supported by 
 a most persuasive argument, we have not been able to 
 yield our consent to the views there taken. 
 
 We conclude, therefore, that the act in question vio- 
 lates no provision of either the State or Federal con- 
 stitutions, and that the auditor should give it effect. 
 Let the writ issue.
 
 127 WORKMEN'S COMPENSATION AND INSURANCE. 346 
 
 Dunbar, C. J., Crow, Morris, Ellis, Mount, Parker, 
 and Gose, J. J., concur. 
 
 Chadwick, J. (concurring) This proceeding is pro- 
 secuted by the relator, a simple contract creditor of the 
 State. There is no party in interest before us whose 
 interest it is to challenge the act of the legislature. This 
 is a moot case, pure and simple, and the right of the 
 relator to recover is in no way affected by the constitu- 
 tional questions raised by the parties and discussed by 
 the court The legislature having created the industrial 
 insurance commission, its power to organize can not be 
 questioned by any one who is not affected by the terms 
 of the law, and such expenses as it may incur are proper 
 charges against the State and may be collected without 
 reference to the power of the commission to levy a 
 tribute upon certain kinds of business, or to make dis- 
 bursement of the funds under the provisions of the act. 
 
 Without questioning or discussing the conclusions 
 of the court upon the first three propositions advanced, 
 with all of which I agree, the fourth proposition should 
 not now be decided for the very palpable reason that 
 our decision is binding upon no one, not even upon the 
 court. No one will contend that it is of any concern to 
 a furniture dealer who is seeking to collect his account 
 whether an injured workman is to be deprived of the 
 right to submit his cause to a jury of his peers. The 
 principle is too important to be mooted by the court, for 
 some day a real party in interest will be before us 
 either an employer who feels aggrieved at the operation 
 of the law, or a workman who has received injuries 
 which the accepted schedules will not compensate; and 
 we will be put to the duty of deciding the case without 
 reference to our present decision, so that the Federal 
 questions involved may pass for final hearing to the 
 Supreme Court of the United States. 
 
 The right to recover damages for personal injuries 
 suffered in consequence of the negligence of another
 
 347 WASHINGTON ACT. 127 
 
 was an admitted right at common law, so that the ques- 
 tion whether the seventh amendment to the Constitu- 
 tion of the United States, which preserves the right of 
 trial by jury in all cases maintainable at common law 
 which are begun in the courts of the United States, 
 would not compel a Federal court to ignore our statute, 
 could be compelled to contribute to the indemnity fund 
 and the consequent question, whether a party assessed 
 unless he is to be protected from all suits of like charac- 
 ter, becomes most material, and it is to be hoped that we 
 will have an early opportunity to meet these issues in a 
 proper case. 
 
 That the people of the State of Washington can 
 take away a right of action, or abolish the right of trial 
 by jury, I have no doubt, but whether the legislature 
 can do so without the warrant of the whole people ex- 
 pressed by way of amendment or repeal of sections 3 
 and 21 of article 1 of the State constitution, is a grave 
 question which is not discussed in the opinion of the 
 court. The right of trial by jury has ever been re- 
 garded as the very sinew of liberty. It was the cardi- 
 nal principle of the great charter, and "It is worthy of 
 note that all that is extant of the legislation of the 
 Plymouth Colony for the first five years, consists of the 
 single regulation 'that all criminal facts, and also all 
 manner of trespasses and debts between man and man, 
 shall be tried by the verdict of twelve honest men, to 
 be impaneled by authority, in form of a jury upon their 
 oath.' (1 Palfrey's New England, 340." Cooley's Const. 
 Limitations (6th ed.), p. 389, n.) 
 
 The right is asserted in every State constitution. 
 Sec. 21, supra, provides that "the right of trial by jury 
 shall remain inviolate." No distinction is made between 
 civil and criminal cases; indeed the additional text 
 would indicate that no distinction was intended. This 
 guarantee has been held by this court to apply to all 
 civil law actions maintainable at common law. (State
 
 I2/ WORKMEN'S COMPENSATION AND INSURANCE. 348 
 
 ex rel. Mullen v. Doherty, 16 Wash. 382, 47 Pac. 958, 
 58 Am. St. 39.) I am a firm believer in trial by jury 
 and am of equal faith that the will of the people as de- 
 clared in their written constitution is binding upon legis- 
 latures as well as courts, until the people by like adop- 
 tion express a contrary will. We should not decide 
 otherwise except at the suit of a proper party. 
 
 The present law seems to be greatly to the advant- 
 age of the employer for whom an easy method of dis- 
 charging an obligation to his injured employe is pro- 
 vided, but whether the legislature can take from the 
 workingman his right to have the amount of his com- 
 pensation fixed by an authority less than the very peo- 
 ple, who have said "the right of trial by jury shall re- 
 main inviolate," is for future hearing. 
 
 I have not advanced these observations in the way 
 of objections, for the result of the court's opinion is a 
 consummation for which I have devoutly hoped ; but to 
 indicate merely that our decision upon the fourth prop- 
 osition the right of trial by jury is not settled by 
 this decision and should not be so regarded, and further, 
 in the event that it be finally held that a jury trial can 
 not be dispensed with, under our present constitution, 
 that the objection may be easily overcome without do- 
 ing violence to the purpose or principle of the act, and 
 without amendment to the constitution, by providing 
 that, in the event of a dispute as to the amount of com- 
 pensation, a jury shall be called to try that issue and 
 that its verdict shall be conclusive. 
 
 Upon the fourth proposition, therefore, I reserve my 
 opinion until such time as its expression will have the 
 force of law. 
 
 There being no question that the relator has a right 
 to recover the amount due on its account, it follows that 
 the writ should issue.
 
 349 WASHINGTON ACT 128 
 
 128. Rules and directions. Sections 21 to 26 
 of the Washington Act provide for the creation of the 
 Washington State Industrial Insurance Department and 
 appointment of Commissioners to administer the same, 
 and authorizes the Commissioners to prescribe appro- 
 priate rules and directions for the proper administra- 
 tion of the law, both respecting the employers and em- 
 ployes covered by the same. These rules and directions 
 are set forth in full in the following sections : 
 
 129. Rules and direction for employers. 
 1. Whenever any accident occurs to any workman (in 
 your plant or establishment) it shall be the duty of the 
 employer to at once report such accident to the Com- 
 mission, for which use Industrial Insurance Blank Form 
 (k), 143. Blank reports for such purpose may be 
 secured by applying for same to the Commission or at one 
 of the branch offices herinafter mentioned. These re- 
 ports must be filled out accurately, immediately and in 
 detail as required by section 14 of the law. 
 
 2. Where an injured workman files a claim for 
 compensation, it shall be the duty of the physician and 
 also of the employer to inform and advise the injured 
 workman (or his relatives or dependents in case of 
 death) of his rights under the Compensation Law and 
 to lend all necessary assistance in aiding the workman 
 in making his claim and such proof as the Commission 
 may require. Such assistance is to be "without charge 
 to the workman" as required and provided in section 
 12 of the law. Blanks for filing claims for compensa- 
 tion (Form (1), 144) will be sent to the different em- 
 ployers, and if not, may be secured by writing the Com- 
 mission, or at any branch office of the Commission. 
 Each employer should have these and other blanks on 
 hand at all times so that prompt reports may be made 
 to the Commission of all accidents. 
 
 3. Each employer should assist his injured em-
 
 129 WORKMEN'S COMPENSATION AND INSURANCE. 350 
 
 ployes in securing their rights under the law. The en- 
 tire matter is between the employer, employ^ and the 
 State. In assisting your injured workmen and doing 
 all that you can for their benefit or relief, you in no way 
 injure or prejudice yourself. Such assistance will tend 
 to produce more cordial relations between employer and 
 workmen and greatly expedite and facilitate the opera- 
 tion and administration of the Compensation Law. In 
 all matters of doubt or dispute address the Commission 
 direct. No claim for compensation is valid unless filed 
 within one year after date of injury and all workmen 
 should be so advised. 
 
 4. Section 11 of the law specifically provides that 
 no employer or workman shall exempt himself from the 
 burden or waive the benefits of the law by any contract, 
 rule or regulation, and any such contract, rule or regu- 
 lation shall be void. 
 
 5. Employers should inform and advise their in- 
 jured workmen that section 10 of the law provides that 
 no money paid or payable under the Compensation Law 
 shall, prior to issuance and delivery of the warrant, be 
 assigned, charged, or even be taken in execution or at- 
 tached and garnished. Any such assignment or charge 
 shall be void. 
 
 6. Section 9 of the law relating to "Employer's 
 responsibility for safeguards" and inflicting heavy pen- 
 alties in case of injury due to the absence of safeguard, 
 should be closely observed. All statutory safeguards 
 should be maintained and the departmental rulings of 
 the State Labor Commission and of this Commission 
 carefully observed. Otherwise serious penalties may 
 be imposed in case of accident. If any workman re- 
 move any such safeguard this Commission should be 
 advised. 
 
 7. Section 8 of the law relating to employers who 
 fail or refuse to make their payments into the "accident 
 fund" should be carefully observed. Default in the pay-
 
 35 J WASHINGTON ACT. 1 29 
 
 ment of any premium means great risk and peril on the 
 part of the defaulting employer. 
 
 8. Employers should notify this Commission of 
 any work or establishment, which because of poor, care- 
 less or negligent management, is unduly dangerous and 
 hazardous in comparison with other like or similar 
 works or establishments. This notice is necessary in 
 order to protect the careful employer. 
 
 9. The attention of employers is directed to section 
 16 of the law which imposes an extremely heavy pen- 
 alty for misrepresenting to the Commission the amount 
 of the payroll upon which the employer's premium un- 
 der the law is based. The employer who so misrepre- 
 sents is liable to the State ten (10) times the amount 
 of the difference in premium paid and the amount the 
 employer should have paid. The traveling auditors of 
 the Commission will at all times assist the employers in 
 computing their premiums under the law. If any em- 
 ployer in your line of business or class misrepresents his 
 payroll you should so advise the Commission. Such 
 misrepresentation means loss to you eventually and 
 not to the State, as thereby your particular class fund is 
 diminished. 
 
 10. Section 19 of the Act provides that any em- 
 ployer and his workmen engaged in works not extra 
 hazardous (such as clerical help, etc., etc.), may jointly 
 elect to accept the provisions of the act, and if so, are 
 then entirely within the terms of the law. The rate of 
 premium on such non-hazardous employment is 1.35 per 
 cent, of the payroll, to be paid quarterly, and there- 
 after monthly as required. Blanks for elective adop- 
 tion covering non-hazardous work may be secured by 
 addressing the Commission or at any branch office of 
 the Commission, requesting Blank Form (e), 137. 
 Whenever the workman may be subjected to danger or 
 hazard it is highly desirable that both he and the em-
 
 i2Q WORKMEN'S COMPENSATION AND INSURANCE. 352 
 
 ployer come under the Compensation Act, thus affording 
 mutual protection. 
 
 11. The Compensation Act in no way interferes 
 with any of the usual hospital arrangements between 
 employers and employes. Whenever possible it is de- 
 sirable that such arrangements be continued in order 
 that injured workmen may receive immediate hospital 
 and medical attention. 
 
 12. The employment of competent foremen and 
 superintendents and the exercise of care in the man- 
 agement of all establishments within the scope of the 
 law is necessary in order to reduce accidents to a mini- 
 mum. The employer's contributions to the "accident 
 fund" created by the Compensation Law will depend 
 entirely upon the number of accidents to workmen. 
 
 13. When any new industry is started or any sus- 
 pended business resumes operation the Commission 
 should be advised so that payrolls can be secured and 
 the new or revised industry subjected to the require- 
 ments of the Compensation Law. 
 
 14. Employers desiring copies of the Workmen's 
 Compensation Act may secure the same by applying to 
 the Commission. Any other data with reference to the 
 law, its administration or operation, may be secured 
 from the Commission. 
 
 15. Branch offices of the Commission are located 
 at 524 Haight Building, Seattle, No. 1009 South "A" 
 Street, Tacoma, and 410 Fernwell Building, Spokane. 
 Blanks, copies of the law, data, information, etc., can be 
 secured at any time at these offices. 
 
 16. All statutes relating to safeguards and protec- 
 tion of machinery and all departmental rulings or regu- 
 lations with reference thereto should be carefully com- 
 plied with and observed. If accidents are reduced to a 
 minimum, then necessarily the enforced contributions 
 of employers under the Compensation Law will be re- 
 duced accordingly. One of the chief purposes of the
 
 353 WASHINGTON ACT. 130 
 
 law is to reduce and minimize accidents and conserve 
 human life and limb. Employes as well as employers 
 should constantly bear this fact in mind. 
 
 17. Section 15 of the law provides that "the books, 
 records and payrolls of the employer pertinent to the 
 administration of the Act shall always be open to in- 
 spection by the department or its traveling auditor, 
 agent or assistant, for the purpose of ascertaining the 
 correctness of the payroll, the men employed and such 
 other information as may be necessary for the depart- 
 ment and its management under this Act." Refusal to 
 permit such inspection is made a crime. 
 
 18. The Commission will be in session on Monday 
 of each week, at which time objections, criticisms, sug- 
 gestions, protests, etc., etc., will be heard and consid- 
 ered. Employers and employes having matters to pre- 
 sent to the Commission may do so at such meetings. 
 
 130. Rules and directions for workmen. 
 1. Any injured workman entitled to compensation un- 
 der the law must file at once with the Commission his 
 claim for compensation on Form (1), 144. These claim 
 blanks can be secured by writing direct to the Commis- 
 sion or by applying at either of the following offices: 
 524 Haight Building, Seattle; No. 1009 South "A" 
 Street, Tacoma; 410 Fernwell Building, Spokane. 
 Claims for compensation must be filled out carefully 
 and accurately. 
 
 2. The injured workman must also file at once with 
 the department the certificate or report of the physician 
 who attended him. This report is Form (m), 146, of 
 Commission, and may be secured by workmen or phy- 
 sicians at either of the above offices. 
 
 3. Section 12 of the law requires the attending phy- 
 sician to assist the injured workman in making applica- 
 tion for compensation. 
 
 4. In case of death the relatives or dependents of 
 
 23 BOTD W C
 
 130 WORKMEN'S COMPENSATION AND INSURANCE. 354 
 
 the deceased workman must file claim for compensation 
 upon blank forms to be furnished by the Commission. 
 
 5. No claim for compensation will be considered 
 and no compensation awarded unless all necessary 
 blanks furnished and required by the Commission are 
 filled out accurately, carefully and completely to the sat- 
 isfaction of the Commission. 
 
 6. No claim for compensation by any injured work- 
 men will be considered unless filed within one year after 
 date of injury. (Section 12). 
 
 7. Whenever requested by the Commission any 
 injured workman shall submit to a medical examination 
 by one of the Commission's examining physicians. In 
 case of refusal to submit to such examination all com- 
 pensation will be suspended and nothing further will be 
 done in the consideration of the claim for compensation, 
 until the necessary and required official examination 
 occurs. 
 
 8. In case of removal of any safeguard or protec- 
 tive device on machinery by the superintendent, fore- 
 man or any other person, the Commission should be im- 
 mediately notified. If any injury results to any work- 
 man because of the removal of any safeguard by him- 
 self, then in such case the workman's compensation is 
 reduced ten per cent. 
 
 9. In case of injury the workman should consult 
 the employer or address this department at once for 
 blank forms upon which to make claim for compensa- 
 tion. Litigation under the law is unnecessary and would 
 be useless. 
 
 10. Whenever necessary the Commission reserves 
 the right to supervise the medical, surgical and hospital 
 treatment of the injured workman. (Section 24). 
 
 11. All workmen should assist each other and their 
 employers in the earnest attempt to avoid accidents. 
 Fewer accidents mean less pain, happier homes and 
 greater prosperity.
 
 355 WASHINGTON ACT. 131 
 
 131. Form of general directions to employes to 
 be posted on all floors of plant. 
 
 Workmen's Compensation Act of Washington requires every 
 employer to post conspicuously on each floor of his plant, factory or 
 place of business: 
 
 "On and after October 1st, 1911, all workmen employed on or 
 about power driven machinery or in any dangerous work are 
 entitled to receive compensation, if injured, according to the law. 
 
 WHAT TO DO IF INJURED. 
 
 "1. Make out a claim AT ONCE or have some one do it for you. 
 
 "Use blank (1) which you can get from your employer, or 
 from the Industrial Insurance Commission in Olympia, or from any 
 of its branch offices as follows: 
 
 "Seattle, 524 Haight Building. 
 
 "Tacoma, 506 Bank of California Building. 
 
 "Spokane, 410 Fernwell Building. 
 
 "Fill out and sign claim and send back to main office in Olympia. 
 
 "2. Get the doctor who attends you to make out a report and 
 send it in. This blank report can be secured from any of the above 
 offices. You may call any doctor you like. Section 12 of the law 
 requires the attending physician to help you in making out these 
 blanks. 
 
 "3. If possible, get a report of witnesses who saw the accident 
 Form (o). This blank can be secured at above offices and may 
 save trouble later. 
 
 "4. In case of death, relatives or dependents must make the 
 claim and blanks will be furnished them when requested. 
 
 "5. Fill out the blanks fully and carefully. Action upon your 
 claim wil be delayed unless reports are made out promptly and 
 correctly. 
 
 "6. Make out your claim AT ONCE. Prompt action will assist 
 you in getting early compensation. 
 
 "7. Don't hire a lawyer. Ask the assistance of your employer 
 and the commission first. If you come under the law and get hurt 
 while doing your work, you will get your money without a lawsuit. 
 
 GENERAL DIRECTIONS. 
 
 "Don't take off any safeguard or protective device. If you do, 
 and then get hurt, it decreases or lessens your compensation 10 per 
 cent. (See Sec. 9 of the law.) 
 
 "If the superintendent, foreman or any other person removes a 
 safeguard, report the fact to the Commission. Don't remove it your- 
 self and don't let anyone else remove it. 
 
 "Don't take any chances with machinery. If you injure yourself 
 Intentionally you are not entitled to any compensation. 
 
 "If required, you must allow the Commission's physician to
 
 132 WORKMEN'S COMPENSATION AND INSURANCE. 356 
 
 examine you, but this examination will not cost you any money. It 
 is paid for by the State. Don't refuse to be examined or your claim 
 will not be considered. 
 
 "Keep blanks on hand or ask your employer to keep them on 
 hand for you. They don't cost him anything, and the sooner you 
 make a proper claim, the sooner it will be settled. 
 
 "Don't hesitate to lend a hand when anyone is hurt. It is to 
 your interest and to your employer's interest to decrease or lessen 
 the number of accidents and deaths and keep as many workmen at 
 work as possible. 
 
 "The state will try and give you reasonable compensation in case 
 of injury. If you do not think it is sufficient, remember that it is 
 much better than lawsuits and delays under the old system. 
 
 ^INDUSTRIAL INSURANCE COMMISSION, 
 
 GEO. A. LEE. *" Of Washington. 
 
 C. A. PRATT, 
 
 J. H. WALLACE, 
 
 Commissioners. 
 
 132. Formal procedure List of forms. The 
 
 Industrial Insurance Commission of Washington, re- 
 sponding to the duties imposed upon it by the Wash- 
 ington Insurance Act, has, as a part of the scheme of 
 administration devised by it, prescribed twenty-one 
 forms which are required to be used by the employers 
 and injured employes covered by the said act, together 
 with certain instructions and charts which are desig- 
 nated as follows: 
 
 (a) Report of actual payroll (by employer) ; 
 
 (b) Contractors' statement of wages (by employer) ; 
 
 (c) Monthly statement of city of ...... of county 
 
 of ...... (by employer) ; 
 
 (d) Notice of assessment (to employer) ; 
 
 (e) Elective adoption of the provisions of the In- 
 dustrial Insurance Act (by employer) ; 
 
 (f) Demand for quarterly payment required by the 
 Workmen's Compensation Act of the State of Wash- 
 ington (to employer) ; 
 
 (g) Monthly statement (by employers) ; 
 
 (h) Alphabetical list of industries with correspond- 
 ing rates and classification (to employer) ;
 
 357 WASHINGTON ACT. 132 
 
 (i) Instructions to cities, counties, school, port, 
 water-way, drainage, or other municipal corporation ; 
 
 (j) Letter of instruction to employers and em- 
 ployes ; 
 
 (k) Employer's report of accident to employe with 
 chart ; 
 
 (1) Workmen's claim for compensation with instruc- 
 tions to injured workmen; 
 
 (m) Report of attending physician with charts; 
 
 (n) Surgical discharge report; 
 
 (o) Report of witnesses with instructions; 
 
 (p) Surgeon's special report with charts; 
 
 (q) Proof of death to be filled out by attending phy- 
 sician of deceased; 
 
 (r) Proof of death from undertaker; 
 
 (s) Dependent's claim for compensation; 
 
 (t) Affidavit of claimant for compensation by sur- 
 vivors of deceased workmen; 
 
 (u) Summary and award; 
 
 (v) Partial payment voucher, permanent partial dis- 
 ability Full payment, total temporary disability Par- 
 tial payments; 
 
 (vv) Form of partial payment voucher Total tem- 
 porary disability Monthly allowance. 
 
 (w) Form of pension voucher Permanent total 
 disability. 
 
 (ww) Form of pension voucher Survivors of de- 
 ceased workman. 
 
 (x) Form of burial expense voucher Account of 
 deceased workman. 
 
 (y) Form of final settlement voucher. 
 
 (z) Form of election to receive compensation and 
 assignment of claim Injuries by defaulting employer. 
 
 (zz) Election to receive compensation and assign- 
 ment of claim Injury by other than employer. 
 
 These forms are given in full in the succeeding pages 
 in the order named above.
 
 133 WORKMEN'S COMPENSATION AND INSURANCE. 358 
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 359 WASHINGTON ACT. 1 34 
 
 134. Form of contractor's statement of wages (b) : 
 
 Month of , 19 
 
 I, 
 
 We, , do hereby certify that the following is a com- 
 plete, true and correct statement of the amount of wages paid by 
 
 me or my sub-contractors during the month of , 19__. 
 
 for labor performed under my contract dated , 19 
 
 for , at 
 
 (Fully describe nature of work) City 
 
 for the 
 
 County of 
 
 Business Address __Naines of Sub-Contractors 
 
 DESCRIPTION OF WORK 
 
 Class 
 
 Rate 
 Pet. 
 
 | 8 Asphalt Laying _ _ 3 
 
 6 Blasting 5 
 
 5 Brick Work 5 
 
 2 Bridges Cj 
 
 5 Carpenter Work, not otherwise specified 3j 
 
 5 Concrete Building (including removing forms) 5~ 
 
 8 Concrete Laying In Street Paving 3 
 
 5 Concrete Laying in Floors and Foundations 3 
 
 3 Ditches and Canals (other than, irrigation without blasting) Gj 
 
 6 Electric Light or Power Plants or Systems (construction work)5 
 13 Electric Light or Power Plants or Systems (operation of same) -4 
 
 1 Excavations, not otherwise specified 4 
 
 5 Iron or Steel Structures or Parts 8 
 
 5 Galvanized Iron or Tin Work 5 
 
 5 Gas Works or Systems (construction) 5 
 
 19 Gas Works or Systems (operation) 3 
 
 4 House Wrecking CJ 
 
 6 House Heating or Ventilation Systems 2 
 
 5 Inside Plumbing 2 
 
 6 Installation of Machinery (Includes foundation) 3 
 
 6 Installat'n of Elec. Apparatus or Fire Alarm Systems in Bldgs._2 
 
 5 Lathing 2 
 
 5 Marble, Stone or Brick Work 5 
 
 5 Marble, Stone or Tile Setting (inside work) 3 
 
 5 Ornamental Metal Work in Buildings 3J 
 
 5 Outside Plumbing Work (includes roughing in) 5 
 
 5 Paper Hanging 2 
 
 5 Painting Buildings or Structures 3 
 
 2 Paving and Repair, brick or block 2 
 
 3 Pile Driving 5 
 
 5 Plastering 2 
 
 8 Road Making (includes plank streets and sidewalks) 2 
 
 8 Road Making, with blasting 5 
 
 5 Roof Work 5 
 
 1 Sewers 6 
 
 8 Street or Other Grading 3 
 
 2 Trestles " 
 
 6 Water Works or Systems (construction) 
 
 23 Water Works or Systems (operation) 2 
 
 Attest: (Signature)
 
 135 WORKMEN'S COMPENSATION AND INSURANCE. 360 
 
 135. Form of monthly statement of city (c) : 
 
 The following report Is made to the Industrial Commission of the 
 State of Washington certifying that the following is a complete list 
 
 of all the departments of the city of , county of , 
 
 having employes under the scope of the Wokmen's Compensation 
 Act, together with a statement of the wages received by them for 
 the month of 
 
 ----- 
 
 CONTRIBUTION 
 
 Signature 
 
 Official Title 
 
 136. Form of notice of assessment (d) : 
 
 Date 
 
 To 
 
 DEMAND is hereby made for contribution on your payroll as 
 required by Section 4 of the Workmen's Compensation Act (Chap- 
 ter 74, Laws 1911), at the rate therein provided, into the Accident 
 Fund of your Class: 
 
 For the month of $ 
 
 Less credits shown on department's records $ 
 
 Net amount to be forwarded $ 
 
 This sum of $ now demanded must be received at 
 
 Olympia thirty (30) days from the date above noted; otherwise 
 you will be in default and subject to the penalties of the Act. 
 
 Remittance may be made by check, draft, or money order, 
 payable to "Industrial Insurance Commission," and forwarded to 
 Olympia, Washington. 
 
 This assessment is made upon an estimated monthly payroll 
 based on the average payroll of your establishment, determined by 
 the actual audit for October, November and December, of firms 
 listed in 1911. Should your payroll at this time be larger or small- 
 er than the estimate, an adjustment will be made after December 
 31st, 3912, and each establishment will be charged %
 
 WASHINGTON ACT. 136 
 
 on as many twelfths of the entire year's payroll as there have 
 been monthly calls. 
 
 The present assessment is made on account of the funds of the 
 Class having been depleted below the point of reasonable safety by 
 compensation awards made employe's for accidents occurring in 
 establishments of members of this class only. 
 
 INDUSTRIAL INSURANCE COMMISSION. 
 Attest: By 
 
 Chairman. 
 
 Chief Auditor. 
 
 "Sec. 8. Defaulting Employers. 
 
 "If any employer shall default in any payment to the accident 
 fund hereinbefore in this act required, the sum due shall be col- 
 lected by action at law in the name of the State as plaintiff, and 
 such right of action shall be in addition to any other right of 
 action or remedy. In respect to any injury happening to any of 
 his workmen during the period of any default in the payment of 
 any premium under section 4, the defaulting employer shall not, if 
 such default be after demand for payment, be entitled to the 
 benefits of this act, but shall be liable to suit by the injured work- 
 man (or the husband, wife, child or dependent of such workman in 
 case death result from the accident), as he would have been prior 
 to the passage of this act. 
 
 In case the recovery actually collected in such suit shall equal 
 or exceed the compensation to which the plaintiff therein would be 
 entitled under this act, the plaintiff shall not be paid anything out 
 of the accident fund; if the said amount shall be less than such 
 compensation under this act, the accident fund shall contribute the 
 amount of the deficiency. The person so entitled under the pro- 
 visions of this section to sue shall have the choice (to be exercised 
 before suit) of proceeding by suit or taking under this act. If such 
 person shall take under this act, the cause of action against the 
 employer shall be assigned to the State for the benefit of the 
 accident fund. In any suit brought upon such cause of action the 
 defense of fellow servant and assumption of risk shall be inad- 
 missible, and the doctrine of comparative negligence shall obtain. 
 Any such cause of action assigned to the State may be prosecuted 
 or compromised by the department in its discretion. Any compro- 
 mise by the workman of any such suit, which would leave a defi- 
 ciency to be made good out of the accident fund, may be made only 
 with the written approval of the department." 
 
 137. Form of elective adoption of the provisions 
 of act (e) : 
 
 We, , employer, and 
 
 employe's of said employer, 
 
 do hereby jointly and mutually agree to and do hereby elect and
 
 138 WORKMEN'S COMPENSATION AND INSURANCE. 362 
 
 accept each and all of the provisions of the Industrial Insurance 
 Act of the State of Washington (Chapter 74, Session Laws of 1911), 
 and do hereby subject ourselves irrevocably and completely to all 
 of the provisions of said law, to all intents and purposes as if we 
 had been originally included within its terms. 
 
 In Witness Whereof, We have hereunto set our hands, this 
 day of , 19 
 
 Employer. 
 By 
 
 Employes of said employer. Employe's of said employer. 
 
 Witnessed by 
 
 The above election and adoption is hereby approved this 
 
 day of , 19 
 
 INDUSTRIAL INSURANCE COMMISSION. 
 
 By 
 
 Chairman. 
 
 (ELECTIVE ADOPTION OF ACT) (Sec. 19, Chap. 74, Session 
 Laws of 1911). "Any employer and his employes engaged in works 
 not extra hazardous, may by their joint election, filed with the 
 department, accept the provisions of this act, and such acceptances, 
 when approved by the department, shall subject them irrevocably 
 to the provisions of this act to all intents and purposes as if they 
 had been originally included in its terms. Ninety per cent, of the 
 minimum rate specified in section 4 shall be applicable to such case 
 until otherwise provided by law." 
 
 138. Form of demand for first quarterly payment 
 required by act (f) : 
 
 To the Industrial Insurance Commission, Dr. 
 
 Olympia, Washington. 
 
 As required by law, demand is hereby made upon you for the 
 payment of $ , the same representing your first or pre- 
 liminary payment into the "Accident Fund" created by the Work- 
 men's Compensation Law (Ch. 74, Session Laws of 1911), and is 
 
 based upon data and payrolls for the months of , 
 
 and , , heretofore received from you by this office. 
 
 This first payment covers your , and 
 
 (19 ) payrolls. At the end of each year an adjustment will be 
 
 made upon the basis of the actual payroll for the year, and your
 
 363 WASHINGTON ACT. J 37 
 
 contributions as required by the law will be based upon your actual 
 yearly payroll. 
 
 This first quarterly payment will be sufficient until such time 
 as the accidents occurring in your particular class have depleted the 
 fund to such an extent that further payments are required. 
 
 Under Section 4 of the law, the first payment, herein and hereby 
 
 demanded, must be received in this office on or before ; 
 
 otherwise, you will be in default and subject to the serious perils 
 and penalties of Section 8, of the act relating to "defaulting em- 
 ployers." 
 
 This notice to you is a "demand for payment" as prescribed in 
 Section 8 of said law. No further demand will be made upon you for 
 this first quarterly payment, and prompt attention, therefore, is 
 extremely important. 
 
 Yours very truly, 
 
 Industrial Insurance Commission. 
 
 By 
 
 Chairman. 
 
 Attest: 
 
 The amount herein demanded as the first quarterly payment is 
 the true and correct amount under the law, and has been computed 
 on the basis of data and payrolls of the above firm, heretofore sub- 
 mitted and on file in this office. 
 
 Chief Auditor, Industrial Insurance Commission. 
 
 139. Form of monthly statement (g) : 
 
 The following report is made to the INDUSTRIAL INSUR- 
 ANCE COMMISSION of the State of Washington, showing names 
 and payrolls of all contractors engaged in public work during the 
 month of__ , for the City of , County of 
 
 
 
 
 5 
 
 
 
 
 
 
 
 
 
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 CONTRAC" 
 
 Improvemer 
 Ordinance 
 
 643 
 
 I! 
 
 CHARACT 
 
 Number ol 
 Employees 
 
 3 
 KS 
 
 ~t O 
 
 Is 
 
 1 
 
 3 
 
 V 
 
 I 
 
 Amount o 
 ContrlbutI 
 
 
 ^ 
 
 
 
 Warrant 
 Number 
 
 \ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Signed by 
 Official Title
 
 140 WORKMEN'S COMPENSATION AND INSURANCE. 364 
 
 140. Alphabetical list of industries with rates 
 and classification (h). The following is an alphabeti- 
 cal list of the industries comprehended in the act, to- 
 gether with the rate of contributions that they bear, and 
 the class in which they are placed: 
 
 Class. Pet, 
 
 Advertising signs 5 .035 
 
 Asphalt (manufacturing) 30 .025 
 
 Asphalt laying 8 .030 
 
 Automatic sprinklers (installation of) 6 .030 
 
 Barrel 29 .025 
 
 Basket 29 .025 
 
 Belts, putting up for machinery 6 .030 
 
 Blast furnaces (construction) 5 .040 
 
 Blast furnaces (operating) 18 .030 
 
 Blinds 29 .025 
 
 Boat building (with scaffolds) 9 .045 
 
 Boat rigging 9 .030 
 
 Boilers, covering 6 .030 
 
 Boilerworks 34 .020 
 
 Bottling works 37 .020 
 
 Box 29 .025 
 
 Brass (manufacturing) 34 .020 
 
 Breakwaters 3 .050 
 
 Breweries 37 .020 
 
 Brick (manufacturing) 35 .020 
 
 Brickettes (manufacturing) 36 .020 
 
 Brickwork (construction) 5 .050 
 
 Bridges (construction) 2 .065 
 
 Bridgework 27 .025 
 
 Brush (working in) 38 .015 
 
 Building hothouses 5 .020 
 
 Building material (not otherwise specified) : 31 .025 
 
 Cable railways, with (rock work or blasting) 6 .050 
 
 Cable railways, without (rock work or blasting) 6 .035 
 
 Canal, other than irrigation or docks with or without 
 
 blasting 3 .065 
 
 Canneries of fruit or vegetables , 32 .025 
 
 Canneries of fish or meat products 33 .025 
 
 Carpenter work (not otherwise specified) 5 .035 
 
 Cement (manufacturing) 31 .025 
 
 Chimneys metal, concrete or brick 5 .050 
 
 Cloth (working in) 38 .015 
 
 Coal mines 16 .030 
 
 Cold storage plants (refrigeration) 44 .020
 
 WASHINGTON ACT. 140 
 
 Class. Pet. 
 
 Cooperage . 29 .025 
 
 Concrete chimneys 5 .050 
 
 Concrete buildings 5 .050 
 
 Concrete laying in floors or foundations 5 .030 
 
 Concrete laying in street paving 8 .030 
 
 Condensed milk 40 .015 
 
 Conduits (placing wires in) 6 .030 
 
 Copper (manufacturing) 34 .020 
 
 Cordage (manufacturing) 38 .015 
 
 Creameries 40 .015 
 
 Creosoting works 47 .025 
 
 Dock excavations 3 .065 
 
 Door 29 .025 
 
 Dredges (making) 27 .025 
 
 Dredges (operation) 12 .050 
 
 Drilling wells 1 .020 
 
 Drydocks 12 .050 
 
 Dynamos (installing) 6 .030 
 
 Earthenware (manufacturing) 35 .020 
 
 Electric light and power plants or systems (construction) 6 .050 
 
 Electric light or power plants or systems (operating) 13 .040 
 
 Electric railways (with rock work or blasting) 6 .050 
 
 Electric railways (without rock work or blasting) 6 .035 
 
 Electric systems (not otherwise specified) 13 .020 
 
 Electrical apparatus (installing systems in buildings) 6 .020 
 
 Elevators, freight or passenger 5 .050 
 
 Electrotyping 41 .015 
 
 Engraving 41 .015 
 
 Excavations not otherwise specified 6 .040 
 
 Excelsior (manufacturing) 29 .020 
 
 Ferries 20 .030 
 
 Fertilizer 25 .025 
 
 Fire alarm (installing systems in buildings) 6 .020 
 
 Fire clay (manufacturing) 35 .020 
 
 Fire escapes 5 .065 
 
 Fireproofing of buildings 5 .050 
 
 Fireproof doors or shutters (erecting) 5 .050 
 
 Fireworks (manufacturing) 46 .050 
 
 Floating docks (construction) 9 .045 
 
 Floating docks (operation) 12 .050 
 
 Flouring mills 21 .020 
 
 Foodstuffs (working In) 39 .015 
 
 Foundries 34 .020 
 
 Fruits (working in) 39 .015 
 
 Galvanized iron or tin work 5 .050 
 
 Garbage works 25 .020
 
 140 WORKMEN'S COMPENSATION AND INSURANCE. 366 
 
 Class. Pet. 
 
 Gas works or systems (construction) 6 .050 
 
 Gas works (operation) 19 .030 
 
 Glass beveling 1 34 .025 
 
 Glass manufacturing 31 .020 
 
 Glass setting 5 .020 
 
 Grain elevators (not metal framed) 2 .050 
 
 Grain elevators (operation) 21 .020 
 
 Grease making 43 .015 
 
 Hardware 34 .020 
 
 House heating systems _ 6 .020 
 
 House moving 4 .065 
 
 House wrecking 4 .065 
 
 Ice, artificial 44 .020 
 
 Installations of steam boilers or engines 6 .030 
 
 Iron (manufacturing) 34 .020 
 
 Iron or steel frame structures or parts of structures 5 .080 
 
 Jetties 3 .050 
 
 Jewelry (making) 41 .015 
 
 Keg (manufacturing) 29 .025 
 
 Lath mills 10 .025 
 
 Lathing 5 .020 
 
 Lard (making) 43 .015 
 
 Laundries 22 .020 
 
 Lead articles (manufacturing) 34 .020 
 
 Leather (working in) 38 .015 
 
 Lithographing 41 .015 
 
 Locomotive making or repairing 28 .025 
 
 Logging 10 .025 
 
 Logging railroads 7 .050 
 
 Longshoring 42 .030 
 
 Machinery (installation of not otherwise specified) 6 .030 
 
 Machine shops (not otherwise specified) 34 .020 
 
 Mantel setting 5 .030 
 
 Marble work 5 .050 
 
 Marble work (setting) 5 .030 
 
 Marine railways 3 .050 
 
 Masts (with or without machinery) 10 .025 
 
 Metal ceiling work 5 .030 
 
 Metal smokestacks or chimneys 5 .050 
 
 Metal (stamping) 26 .045 
 
 Millwrighting 2 .030 
 
 Mines (other than coal) 17 .025 
 
 Oils (working in) 39 .015 
 
 Ornamental metal work in buildings 5 .035 
 
 Packing cases 29 .025 
 
 Packing houses _. _ 43 .025
 
 367 WASHINGTON ACT. 140 
 
 Class. Pet. 
 
 Pail (manufacturing) 29 .025 
 
 Painting of buildings or structures 5 .030 
 
 Paper (working in) 38 .015 
 
 Paper-hanging 5 .020 
 
 Paper mills 24 .020 
 
 Peat fuel 36 .020 
 
 Photo-engraving 41 .015 
 
 Pile-driving 3 .050 
 
 Pile-treating works 47 .025 
 
 Placing wires in conduits 6 .030 
 
 Plastering 5 .020 
 
 Plumbing work (outside) 5 .050 
 
 Plumbing work (inside) 5 .020 
 
 Porcelain ware 35 .020 
 
 Pottery (manufacturing) L. 35 .020 
 
 Powder works (manufacturing) 46 .100 
 
 Power plants (electric) or systems (operation) 13 .040 
 
 Power plants (steam) or systems (operation) 13 .025 
 
 Printing 41 .015 
 
 Pulp mills 24 .020 
 
 Quarries 17 .040 
 
 Railroad car making or repairing 28 .025 
 
 Road making (without blasting) 8 .020 
 
 Road making (with blasting) 8 .050 
 
 Rolling mills 18 .030 
 
 Roof work 5 .050 
 
 Rubber (working in) 38 .015 
 
 Safe-moving 4 .050 
 
 Sash 29 .025 
 
 Saw mills 10 .025 
 
 Sewers 1 -065 
 
 Shaft-sinking 1 -060 
 
 Shingle mills - 10 .025 
 
 Ship building (with scaffolds) 9 .045 
 
 Ship rigging 9 -030 
 
 Ship wrighting 9 -030 
 
 Slate work 5 .050 
 
 Smelters (operation) 
 
 Soap (making) - 43 .015 
 
 Spars (with or without machinery) 10 .025 
 
 Staves 29 .025 
 
 Steamboats 20 - 030 
 
 Steam heat, plants or systems (operating) - 13 .025 
 Steam heating plants (construction) 6 
 Steam pipes or boilers (covering) 
 
 Steam railroads . 7 - 05<
 
 140 WORKMEN'S COMPENSATION AND INSURANCE. 368 
 
 Class. Pet. 
 
 Steam shovels (making) 27 .025 
 
 Steel (manufacturing) 34 .020 
 
 Steel frame structures 5 .020 
 
 Steeples 2 .050 
 
 Stevedoring 42 .030 
 
 Stockyards 43 .025 
 
 Stone (with or without machinery) 31 .025 
 
 Stone crushing 17 .030 
 
 Stone setting 5 .030 
 
 Stone work 5 .050 
 
 Street grading (or other) 8 .035 
 
 Street railways 14 .030 
 
 Sub-aqueous works 3 .065 
 
 Tallow (making) 43 .015 
 
 Tanks (construction) 2 .040 
 
 Tanks (manufacturing) 27 .025 
 
 Tanneries 43 .020 
 
 Telegraph systems (construction) 6 .050 
 
 Telegraph systems (operating) 15 .030 
 
 Telephone systems (construction) 6 .050 
 
 Telephone systems (operating) ! 15 .030 
 
 Terra cotta (manufacturing) 35 .020 
 
 Textile (working in) 38 .015 
 
 Textile (not otherwise specified) 38 .015 
 
 Theater stage employes 45 .015 
 
 Tile (manufacturing) 35 .020 
 
 Tile-setting 5 .030 
 
 Tin (stamping) 26 .045 
 
 Towers (not metal framed) 2 .050 
 
 Trestles 2 .065 
 
 Tub (manufacturing) 29 .025 
 
 Tugs 20 .030 
 
 Tunnels 1 .065 
 
 Vegetables (working in) 39 .015 
 
 Veneer 29 .025 
 
 Ventilating systems (house) 6 .020 
 
 Water towers (construction) 2 .040 
 
 Water towers (manufacturing) 27 .025 
 
 Water works or systems (construction) 6 .050 
 
 Water works (operation) 23 .020 
 
 Wharf (operation) 42 .020 
 
 Wind mills (not metal framed) 2 .040 
 
 Wood (kindling) 29 .025 
 
 Wood fibre ware 29 .025 
 
 Wood ware 29 .025 
 
 Wood working (not otherwise specified) 29 .020
 
 369 WASHINGTON ACT. 141 
 
 Class. Pet. 
 
 Wooden stair building 5 .020 
 
 Wool (working in) 38 .015 
 
 Zinc (manufacturing) 34 .020 
 
 Chapter 74, Section 17, Laws of 1911. Public and Contract 
 Work Whenever the state, county or any municipal corporation 
 shall engage in any extra hazardous work in which workmen are 
 employed for wages, this act shall be applicable thereto. The 
 employer's payments into the accident fund shall be made from the 
 treasury of the state, county or municipality. If said work is being 
 done by contract, the payroll of the contractor and the sub-contrac- 
 tor shall be the basis of computation, and in the case of contract 
 work consuming less than one year in performance the required 
 payment into the accident fund shall be based upon the total pay- 
 roll. The contractor and any sub-contractor shall be subject to the 
 provisions of the act, and the state for its general fund, the county 
 or municipal corporation shall be entitled to collect from the 
 contractor the full amount payable to the accident fund, and the 
 contractor, in turn shall be entitled to collect from the sub-contrac- 
 tor his proportionate amount of the payment. 
 
 141. Form of instructions to cities, counties, 
 school, port, water way, drainage, or other municipal 
 corporations (i) : 
 
 1. All contractors doing public work in a given month to be listed. 
 
 2. Payrolls of contractors engaged in occupation named in section 
 
 4 of the Act must be filed monthly with the auditor, contrac- 
 tor, or clerk. 
 
 3. On the basis of such payrolls, officers shall enter the rate, class 
 
 and contribution on each department of his work opposite 
 each contractor's name on the within blank. 
 
 4. Accompany this report with checks or warrants payable to 
 
 "Industrial Insurance Commission." 
 
 5. The Commission or its district assistant, or a traveling auditor, 
 
 will audit contractors' payrolls so filed from time to time 
 without notice; or, on request each month prior to the within 
 report being forwarded to Olympia. 
 
 6. Segregate only the main divisions of a payroll into class, disre- 
 
 gard incidental occupations classify such items with the 
 same work rendering odd jobs necessary. 
 
 142. Form of letter of instructions to the employ- 
 ers and employes (j) : 
 
 Gentlemen: 
 
 Acknowledging your request of recent date for supply of 
 blanks, we take pleasure in enclosing the same herewith; 
 24 BOYD w c
 
 143 WORKMEN'S COMPENSATION AND INSURANCE. 370 
 
 Form (k) must be made out by the employer in every case of 
 accident coming under the law. 
 
 Form (1) must be made out by the employe or by his direction 
 and with the assistance of the attending physician. 
 
 Form (m) must be made out by the attending physician in 
 case of injury and Form (q) by the attending physician in case 
 of death. Form (q) should be acknowledged before a notary. 
 
 (Unless the injured employe is attended by a regularly licensed 
 physician, claim will not be considered.) 
 
 Form (r) must be made out by the undertaker in case of death 
 
 and form (s) by the dependents or family of deceased in case of 
 
 death. Both of these forms should be acknowledged before a notary. 
 
 Whenever possible, Form (o) should be signed by witnesses 
 
 who saw the accident and forwarded promptly to this office. 
 
 Form (n) should be made out by the attending physician or 
 surgeon as soon as the injured employ^ is discharged from treat- 
 ment. 
 
 Please keep a supply of these forms on hand. Additional sup- 
 plies will be forwarded promptly on request or may be procured at 
 the following branch offices of the Commission: 
 Seattle, 524 Haight Building; 
 Tacoma, 506 Bank of California Building; 
 Bellingham, 346 First National Bank Building; 
 Spokane, 410 Fernwell Building; 
 Vancouver, 805 Washington Street; 
 Aberdeen, 536 Finch Building. 
 
 Unless the injury causes the loss of over one day's time or 
 results in a disability that impairs the earning capacity 5 per cent., 
 it cannot be considered by the Commission. 
 Address all communications to 
 
 THE INDUSTRIAL INSURANCE COMMISSION! 
 
 Olympia, Washington. 
 
 143. Form of employer's report of accident to 
 employe with chart (k) : 
 
 INSTRUCTIONS Unless accident represents 5 per cent, loss of time 
 or 5 per cent, disability, disregard. 
 
 Fill out and return blank to Commission within 5 days after ac- 
 cident. 
 
 Fill in all blanks with ink, using pen or typewriter. 
 
 Employer, Place, and Time. 
 
 Employer's name Office address Street and No 
 
 City or village Business, goods produced, work done, or
 
 37 1 WASHINGTON ACT. 143 
 
 kind of trade or transportation 
 
 Location of plant or place of work where accident occurred Street 
 and No City or village Date on which acci- 
 dent occurred Hour of day State whether 
 
 accident happened on the premises or at the plant, or in course of 
 employment, or away from the plant of employer; if away from 
 plant state where and by whom injured 
 
 Who was in charge of work at place where accident occurred?. 
 
 The Injured Person. 
 
 Name Address Sex Age 
 
 Speak English? If not, what language? 
 
 Occupation when injured? Was it injured person's regu- 
 
 ^lar work? Engaged in construction, operation or repair? 
 
 Length of experience in said occupation 
 
 Piece or time worker? Wages or average earnings per 
 
 day What statement, if any, has injured person made? 
 
 The Cause. 
 
 Name of machine, tool or appliance in connection with which acci- 
 dent occurred? Hand or mechanical feed? 
 
 Part on which accident occurred? Was it in any way out 
 
 of order or ill-suited to the work? Were special instruc- 
 tions given injured person in relation to its use? Was 
 
 accident due to want of care of injured person? Was 
 
 accident due to negligence on part of any person, if so, how? 
 
 In whose service was person who caused the accident? 
 
 Was accident caused by removal of any safeguard? If so, 
 
 was it removed by the injured workman, or any of his fellow work- 
 men, or by the superintendent or foreman? 
 
 Names and addresses of witnesses
 
 143 WORKMEN'S COMPENSATION AND INSURANCE. 372 
 
 Describe In full how accident happened 
 
 How could accident have been prevented 
 
 The Injury. 
 
 State fully nature and extent of injury (Mark on attached chart 
 location of injury)* 
 
 Medical Attendance. 
 
 Attending physician, or hospital where sent? 
 
 Name Address Probable length of disa- 
 bility give your own opinion 
 
 Dependents. 
 
 Is Injured workman married or single? 
 
 If single, has injured party any dependents ?. 
 If so, give names and address of each 
 
 If married, give names and present address of husband or wife and 
 children of injured workman 
 
 Number of children Ages of children Num- 
 ber of other dependents Ages of other dependents 
 
 Are father and mother living? If so, give address of each 
 
 (Signed) 
 
 Official title or position. 
 For__. 
 
 *See pp. 379, 380 for charts.
 
 373 WASHINGTON ACT. 144 
 
 144. Form of workman's claim for compensa- 
 tion (1) : 
 
 (Fill In all blanks with Ink or Indelible Pencil.) 
 Employer, Place, and Time. 
 
 Employer's name 
 
 Office address Street and No. 
 
 What kind of business? 
 
 Location of plant where accident occurred Street and No. 
 
 City or village 
 
 Date on which accident occurred Hour of day 
 
 Did accident happen on employer's premises or plant? 
 
 In course of workman's proper employment? 
 
 Or away from employer's premises or plant? 
 
 If away from employer's premises or plant, state where and by 
 whom injured? 
 
 The Injured Person. 
 
 Name in full 
 
 Address (Street and No.) 
 
 Sex Age Speak English? 
 
 If not, what language? 
 
 Occupation when injured? Was this your regular work? 
 
 Length of experience, here and elsewhere, in this occupation? 
 
 Piece or time worker? Wages, or average earnings per day? 
 
 Place of birth? 
 
 Were you in a good state of health at the time of this accident? 
 
 Have you ever had a serious sickness? If so, what was it, 
 
 how long did it last and who was your attending physician? 
 
 Have you ever received any other injury? 
 
 If so, when, where, and what was its nature? 
 
 Have you any other source of income, such as lodge benefits, acci- 
 dent insurance, etc.? If so, how much 
 
 and from what source derived? .. 
 
 The Cause. 
 
 Name of machine, tool or appliance in connection with which acci- 
 dent occurred? 
 
 Hand or mechanical feed? 
 
 Part on which accident occurred? 
 
 Was accident caused by any fault of machines or appliances you 
 were using? 
 
 Were all safeguards in their places at the time you were hurt?
 
 144 WORKMEN'S COMPENSATION AND INSURANCE. 374 
 
 If any safeguard was removed, did you remove it, or was it removed 
 by any of your fellow workmen or any superintendent or fore- 
 man? . 
 
 Describe in full how accident happened 
 
 The Injnry. 
 
 State fully nature and extent of injury 
 
 Names and addresses of witnesses 
 
 Medical Attendance. 
 
 Attending physician or hospital where sent 
 Name _ . Address. 
 
 Dependents. 
 
 If married, give full name and address of wife or husband 
 
 Are you living as husband and wife? 
 
 If not, are you divorced? 
 
 If divorced, when and where? 
 
 If separated, how long have you lived apart? 
 
 Has any of your wages gone to the support of your wife or husband 
 
 during this time? 
 
 How much per week? Have you any children under the age 
 
 of sixteen? If so, give name, age and 
 
 address of each 
 
 If not in your care, give name and address of people with whom 
 
 they live 
 
 Have you any of the following dependents: invalid child over 
 the age of sixteen years, daughter between sixteen and eighteen 
 years of age, father, mother, grandfather, grandmother, step-father, 
 step-mother, grandson, granddaughter, step-son, step-daughter, 
 brother, sister, half-sister, half-brother, niece, nephew, who at the 
 time of the accident, were dependent, in whole or in part, for their 
 
 support upon your earnings? 
 
 If you have any of the above named dependents, give their names 
 and addresses, together with their ages, and what support they 
 
 were receiving from you 
 
 I, the undersigned, do hereby make application to the Industrial 
 Insurance Commission of Washington for compensation for injuries 
 received as aforesaid. I hereby state that the above facts with ref- 
 erence to myself and my injury are true and correct. 
 
 Signed this day of , 191, at 
 
 County of , State of Washington. 
 
 (Sign full name here) 
 
 Signed and witnessed before:
 
 375 WASHINGTON ACT. 145 
 
 145. Form of instructions to injured workman 
 (1): 
 
 This form must be made out by every workman, injured in a 
 dangerous occupation, who desires compensation from the state. 
 
 Unless the injury causes the loss of over one day's time or 
 results in a disability that impairs the earning capacity 5 per cent., 
 it cannot be considered by the Commission. 
 
 Do not hire a lawyer until you have asked the help of your 
 employer, your attending physician or some member of the Commis- 
 sion's staff. If you are entitled to compensation the services of a 
 lawyer are not necessary and you will receive your money without 
 a lawsuit or other expense. 
 
 It is the duty of your attending physician to assist you in mak- 
 ing out your claim. See section 12, paragraph (a) of the Work- 
 men's Compensation Act (Chap. 74, Laws of 1911). "Where a 
 workman is entitled to compensation under th;s act he shall file 
 with the department his application for such, together with the certi- 
 ficate of the physician who attended him, and it shall be the duty of 
 the physician to inform the injured workman of his rights under 
 this act and to lend all necessary assistance in making this applica- 
 tion for compensation and such proof of other matters as required 
 by the rules of the department without charge to the workman." 
 
 Call any doctor you like. The Commission has nothing to do 
 with doctor's bills or hospital charges. 
 
 Get blanks from your employer, from the office of the Commis- 
 sion in Olympia, or from any of its branch offices as follows: 
 
 Seattle, 524 Haight Building; 
 
 Tacoma, 506 Bank of California Building; 
 
 Bellingham, 346 First National Bank Building; 
 
 Spokane, 410 Fernwell Building. 
 
 Send claim to nearest local office or directly to Olympia. 
 
 If possible, get a report of witnesses who saw the accident 
 Form (o). This blank can be secured at above offices and may 
 save trouble later. 
 
 In case of death, relatives or dependents must make the claim 
 and blanks Vill be furnished them when requested. 
 
 Fill out the blanks fully and carefully. Action upon your claim 
 will be delayed unless reports are made out promptly and correctly. 
 
 Make out your claim AT ONCE. Prompt action will assist you 
 in getting early compensation. 
 
 If required, you must allow the Commission's physician to 
 examine you, but this examination will not cost you any money. 
 It is paid for by the state. Don't refuse to be examined or your 
 claim will not be considered.
 
 145 WORKMEN'S COMPENSATION AND INSURANCE. 376 
 GENERAL INSTRUCTIONS. 
 
 Form (k) must be made out by the employer in every case 
 of accident coming under the law. 
 
 Form (1) must be made out by the employe or by his direc- 
 tion and with the assistance of the attending physician. 
 
 Form (m) must be made out by the attending physician in 
 case of injury and Form (q) by the attending physician in case 
 of death. 
 
 Form (r) must be made out by the undertaker in case of death 
 and Form (s) by the dependents or family of deceased in case of 
 death. 
 
 Whenever possible, Form (o) should be signed by witnesses 
 who saw the accident and forwarded to this office. 
 
 Form (n) must be made out by the attending physician or 
 surgeon as soon as the injured employe is discharged from treat- 
 ment. 
 
 Keep blanks on hand or ask your employer to keep them on 
 hand for you. They don't cost him anything, and the sooner you 
 make a proper claim, the sooner it will be settled. 
 
 For copies of "Rules and Regulations" and placards for posting, 
 please apply to the Commission or to its branch offices in Seattle, 
 Tacoma, Spokane, Bellingham, Aberdeen or Vancouver. 
 
 CAUTION! WARNING!! 
 
 Don't take off any safeguard or protective device. If you do, 
 and then get hurt, it decreases or lessens your compensation 10 per 
 cent. (See section 9 of the law.) 
 
 Don't remove any safeguard yourself and don't let anyone else 
 remove it. If the superintendent, foreman or any other person 
 removes it, report the fact to the Commission. 
 
 Don't take any chances with machinery. If you injure yourself 
 intentionally you are not entitled to any compensation. 
 
 Don't hesitate to lend a hand when anyone is hurt. It is to 
 your interest and to your employer's interest to decrease or lessen 
 the number of accidents and deaths and keep as many workmen at 
 work as possible. 
 
 The state will give you reasonable compensation in case of 
 injury. If you do not think it is sufficient, remember that it is 
 much better than lawsuits and delays under the old system. 
 
 146. Form of report of attending physician with 
 charts (m) : 
 
 (Fill in all blanks with ink, using pen or typewriter.) 
 Employer, Place, and Time. 
 
 Employer's name Office address Street and No 
 
 City or village What kind of business? Loca-
 
 377 WASHINGTON ACT. 146 
 
 tion of plant where accident occurred Street and No 
 
 City or village Date Hour M 
 
 The Injured Person. 
 
 Name in full City or town Address Street 
 
 and No Occupation Age Sex 
 
 Married or single 
 
 Does patient pay hospital dues? is patient left or right- 
 handed? Has the patient been maimed or crippled by any 
 
 previous injury? If S o, what?__ 
 
 The Injury. 
 
 Give description, stating the parts injured and supposed manner of 
 infliction, marking upon the chart upon the back of this report, the 
 site of injury 
 
 Where treated Hour of treatment State who 
 
 rendered first treatment and what was done- 
 
 State name and address of consultant or assistant- 
 
 Give description of treatment. 
 
 What was done with patient? Are the symptoms from 
 
 which he is suffering due to the aforesaid accident, or are they trace- 
 able to any previous accident, or other cause, and if so, what? 
 
 Medical Attendance. 
 
 Name of attending physician Office address Street and 
 
 No City or town
 
 146 WORKMEN'S COMPENSATION AND INSURANCE. 378 
 
 Disability. 
 
 Is the injury of so serious a nature as to wholly disable and prevent 
 him from attending to any and all kinds of duties pertaining to his 
 
 present occupation, or any other occupation? 
 
 If not wholly disabled, to what extent disabled? 
 
 Is he confined to the house? If not confined to the house, 
 
 why do you consider that he is unable to attend to any part of his 
 duties? . 
 
 State opinion as to length of time patient will be disabled. 
 In your opinion will any permanent disability follow? 
 
 State any additional information which you deem of interest as to 
 extent of disability, impairment of earning capacity, etc. 
 
 (This report must contain account of all injuries no matter how 
 trivial.) 
 
 I hereby certify that I am the attending physician of the injured 
 person above mentioned; that I have set forth in the foregoing 
 report all the facts in the case and that the statements contained 
 therein are true and correct. 
 
 (Signed) 
 
 Attending Physician. 
 Date signed 
 
 (This form should be made out and forwarded to the office of 
 the Commission in Olympia as soon as surgeon has made such 
 careful examination as will enable him to make an intelligent 
 report of the case. No fee is paid for making out this blank, but the 
 Commission respectfully urges the co-operation of attending physi- 
 cians in getting the real facts of each case before it. 
 
 N. B. Your patient cannot receive any Compensation from the 
 State until this form is received and passed upon by the Chief 
 Medical Advisor of the Commission.)
 
 379 
 
 WASHINGTON ACT.
 
 146 WORKMEN'S COMPENSATION AND INSURANCE. 380
 
 WASHINGTON ACT. 147 
 
 147. Form of surgical discharge report (n) : 
 
 , Wash. 
 
 , 191 
 
 I hereby notify you that who came under my care at 
 
 on the day of , 191 , having 
 
 been injured at the plant or premises of at 
 
 on the day of , 191 , was disccharged from 
 
 treatment, the day of 191. 
 
 1. Developments which have retarded recovery 
 
 2. What operation, if any, performed since original report? 
 
 3. His condition is 
 
 4. State whether in your opinion any permanent disability will 
 follow If so, what? 
 
 5. The time of treatment was days. 6. Was in hos- 
 pital days. 
 
 7. Will be able to resume work on or about the -day of 
 
 , 191 
 
 8. If patient has already resumed work, for how many days was 
 he unable to work? 
 
 9. Inclination of patient to follow surgeon's directions 
 
 10. *For statistical purposes only, please give the following data: 
 
 Cost of medical and surgical treatment $ 
 
 Cost of medicine, medical and surgical supplies $ 
 
 Cost of crutches and apparatus $ 
 
 Hospital charges $ 
 
 Ambulance charges $ 
 
 Cost of nurse $ 
 
 *Note: The above information will be held strictly confidential, 
 
 and only used in the form of general tables, no individual figures 
 
 being shown. 
 
 , Surgeon 
 
 at 
 
 t^This report must be made out and forwarded to Olympia as soon 
 as patient is discharged from professional care. 
 
 148. Form of report of witnesses (o) : 
 
 (Fill in all blanks with Ink or indelible pencil.) 
 Employer, Place, and Time. 
 
 Employer's name Location of plant where accident oc- 
 curredStreet and No City or village Date 
 
 on which accident occurred Hour of day
 
 148 WORKMEN'S COMPENSATION AND INSURANCE. 382 
 
 The Injured Person. 
 I 
 
 Name In full Address Street and No . Occu- 
 pation when injured? 
 
 The Cause. 
 
 Name of machine, tool or appliance in connection with which acci- 
 dent occurred? 
 
 Was the machine or appliance in good repair? 
 
 Had the injured person been properly instructed in its use? 
 
 Were all safeguards in place when accident happened? 
 
 Was accident due to absence of safeguard? * 
 
 If so, who removed safeguard? 
 
 Was the place where accident occurred well lighted? 
 
 Natural or artificial light? 
 
 Whose fault was cause of accident? 
 
 Where was the superintendent or foreman at the time of accident? 
 
 , What statement did injured person make at the time of accident? 
 
 Was injured person in any way careless or negligent in his work? 
 
 Was his eyesight or hearing defective? 
 
 Describe in full how accident happened 
 
 How could accident have been prevented?. 
 
 The Injury. 
 
 State fully nature and extent of injury 
 
 Dependents. 
 
 If married, give full name and address of wife or husband. 
 
 Has he any children under the age of sixteen? 
 
 If so, how many? 
 
 If single, what persons are dependent upon the injured person's 
 earnings? 
 
 I hereby certify that I witnessed the accident described here-
 
 383 WASHINGTON ACT. 148 
 
 with and declare that the above is a true and correct account of the 
 same as I saw it. 
 
 (Sign Here) 1 Witness. 
 
 2 Witness. 
 
 3 Witness. 
 
 Note: Do not try to answer questions by hearsay. Answer 
 only according to your personal, first-hand knowledge. 
 
 FORM OP INSTRUCTIONS TO WITNESSES. 
 
 This form should be made out in every case where there are 
 witnesses to an accident, for which compensation is desired. It is 
 to the interest of both employer and employe 1 to have a report made 
 by witnesses in every case. 
 
 The making out of this form is not compulsory, and employers 
 cannot compel their employe's to sign it, but the Commission re- 
 quests that both employers and employe's co-operate for the purpose 
 of getting at the exact facts. 
 
 The statements appearing on this form do not have to be 
 acknowledged or sworn to. They can be made out by anyone and 
 signed by the witness at any time or place. 
 
 The advantage of this form to the workman or his family 
 making claim is that the report of witnesses makes the claim file 
 complete and is likely to hasten its settlement. 
 
 The advantage to the employer is that the report of witnesses 
 constitutes a cross-check on the claim and operates to prevent fraud 
 or collusion. 
 
 GENERAL INSTRUCTIONS. 
 
 Form (k) must be made out by the employer in every case of 
 accident coming under the law. 
 
 Form (1) must be made out by the employe or by his direc- 
 tion and with the assistance of the attending physician. 
 
 Form (m) must be made out by the attending physician in 
 case of injury and Form (q) by the attending physician in case 
 of death. 
 
 (Unless the injured employe is attended by a regularly licensed 
 physician, claim will not be considered.) 
 
 Form (r) must be made out by the undertaker in case of 
 death and Form (s) by the dependents or family of deceased in 
 case of death. 
 
 Whenever possible, Form (o) should be signed by witnesses 
 who saw the accident and forwarded promptly. 
 
 Form (n) must be made out by the attending physician or 
 surgeon as soon as the injured employe is discharged from treat- 
 ment. 
 
 Keep blanks on hand or ask your employer to keep them on 
 hand for you. They don't cost him anything, and the sooner you 
 make a proper claim, the sooner it will be settled.
 
 149 WORKMEN'S COMPENSATION AND INSURANCE. 384 
 
 For copies of "Rules and Regulations" and placards for posting, 
 please apply to the Commission or to any of its branch offices as fol- 
 lows: 
 
 Seattle, 524 Haight Building; 
 
 Tacoma, 506 Bank of California Building; 
 
 Bellingham, 346 First National Bank Building; 
 
 Spokane, 410 Fern well Building; 
 
 Vancouver, 805 Washington Street; 
 
 Aberdeen, 536 Finch Building. 
 
 Unless the injury causes the loss of over one day's time or 
 results in a disability that impairs the earning capacity 5 per cent, 
 it cannot be considered by the Commission. 
 
 149. Form of surgeon's special report with 
 charts (p): 
 
 (Fill in all blanks with ink, using pen or typewriter.) 
 
 Name of patient Address Nativity 
 
 Age Married, Single, Widowed. Where is the patient? 
 
 Date of accident Hour M. Place of 
 
 accident . , 
 
 1. Give description of injury, 
 
 stating supposed manner 
 
 of infliction, etc. 
 
 2. Give description of the 
 
 treatment being employed 
 
 in this case in full. 
 
 3. What operations have 
 been performed and with 
 what results? 
 
 4. Name and address of sur- 
 geon who operated, and 
 assistant. 
 
 5. Has repair been delayed 
 from any cause? If so, 
 what? 
 
 6. Was there any previous 
 disability or deformity? 
 If so, what? 
 
 7. Is there evidence of luet- 
 ic, gonorrheal, or tuber- 
 cular infection or alcohol- 
 ism? If so, what?
 
 385 WASHINGTON ACT. 
 
 Temperament of patient, 
 any evidence of hysteria, 
 neurasthenia or hypo- 
 chondria. If so, what? 
 
 9. Any occupational disease? 
 
 10. Temporary disability. 
 
 11. What is the PERMANENT 
 disability of this case, if 
 any? 
 
 Mark on chart EXACT lo- 
 cation of same.* 
 
 12. Inclination of patient to 
 follow surgeon's direc- 
 tions, etc. 
 
 Give a summary of the 
 case as you see it. 
 
 13. Peculiar conditions and 
 
 your findings. 
 
 Signature of Surgeon , M. D. 
 
 Date Address * Washington. 
 
 150. Form of proof of death by physician (q) : 
 
 (To be Filled Out by the Attending Physician or Deceased.) 
 (Fill in all blanks with ink, using pen or typewriter.) 
 
 1. Name of the deceased in full 
 
 2. (a) How long have you known the deceased? 
 
 (b) How long have you been medical adviser of deceased? 
 
 3. (a) Age at death years, (b) Married or single 
 
 (c) Names and ages of children under 16 
 
 4. Place of death (Give street number, city or town, and state) : 
 Street City or town State 
 
 5. (a) Occupation at the time of death 
 
 (b) Nationality 
 
 6. Date of your first visit or prescription 
 
 7. Date of your last visit 
 
 8. Date of death 
 
 9. (a) State the remote cause of death 
 
 (b) State explicitly the immediate cause of death 
 
 10. Did you see the body of the deceased and did you identify it as 
 
 that of the injured workman at 
 
 while in the employ of , of 
 
 *See pp. 379, 380 for charts. 
 
 25 BOYD W C
 
 150 WORKMEN'S COMPENSATION AND INSURANCE. 386 
 
 11. Was there a coroner's inquest held? 
 
 12. Was deceased attended by any other physician during last ill- 
 ness? If so, state his name and address 
 
 13. Was health of deceased impaired by intemperance or any per- 
 nicious habit? If so, what? 
 
 14. Have you any interest in this claim? 
 
 15. Have you stated all the material facts connected in any way 
 with this death? 
 
 16. So far as you know is there any reason to suspect that this 
 case is not a perfectly fair one, and above all suspicion of con- 
 cealment of necessary facts and information? 
 
 Dated this day of , 191 
 
 Attending Physician. 
 
 STATE OF -, 
 
 I ss: OATH. 
 
 County of j 
 
 On this day of , A, D. 191 , personally 
 
 appeared before me, the above named 
 
 physician in regular standing, and made oath that the answers by 
 him above made and subscribed are true. 
 
 Notary Public or Justice of the Peace. 
 
 (Unless officer taking acknowledgment has OFFICIAL SEAL, 
 certificate of appointment will be required.) 
 
 151. Form of proof of death from undertaker (r) : 
 
 (Fill in all blanks with ink, using pen or typewriter.) 
 
 STATE OF , County of , ss: 
 
 , of , 
 
 says, that he is a duly licensed undertaker of at 
 
 (City or town) 
 
 Street Number ; that as such he was required on 
 
 the day of , 191 , to prepare the 
 
 dead body of for burial; that he 
 
 placed said body in a coffin and placed said coffin, containing the 
 
 said body, in a in cemetery. 
 
 That he was directed to conduct such burial by 
 
 who authorized the following items of expense: 
 
 Moving remains to morgue. 
 
 Washing, shaving and dressing. 
 
 Embalming. 
 
 Telephone. 
 
 Underclothes and hose.
 
 WASHINGTON ACT. 151 
 
 Slippers. 
 
 Burial Robe. 
 
 Funeral Notices. 
 
 Cemetery lot. 
 
 Opening and filling grave. 
 
 Lining grave. 
 
 Outside box. 
 
 Grave vault. 
 
 Taking box or vault to cemetery. 
 
 Casket coffin. 
 
 Hearse. 
 
 Personal service. 
 
 Use of gloves. 
 
 Use of double rigs. 
 
 Use of single rigs. 
 
 Funeral service by. 
 
 Remains to boat. 
 
 Wagon deliveries. 
 
 Total $ 
 
 That I was informed said bill would be paid by 
 
 That no part of said bill of expense so authorized for said burial 
 has been paid, except 
 
 $ by 
 
 $ by 
 
 $ by 
 
 Subscribed and sworn to before me, this day of 
 
 , A. D. 191 
 
 Notary Public. 
 
 (Note: Unless officer taking acknowledgement has OFFICIAL 
 SEAL, certificate of appointment will be required.) 
 
 Certificate of person who made funeral arrangements will be 
 required below unless itemized bill of undertaker endorsed "correct" 
 by such person, is attached. 
 
 CERTIFICATE OF PERSON AUTHORIZING BURIAL. 
 
 hereby certify that I have read the foregoing affidavit of 
 
 undertaker ; that I authorized the 
 
 items of expense therein amounting to $ , as the 
 
 of deceased workman. 
 
 Signed 
 
 (Note: The entire amount allowed for burial under the Work- 
 men's Compensation Act can not exceed $75.00.) 
 
 MEMORANDUM BY CORONER, UNDERTAKER OR FRIENDS. 
 
 (To be furnished in case no relatives or dependents are present 
 at burial.)
 
 152 WORKMEN'S COMPENSATION AND INSURANCE. 388 
 Address of Relatives or Dependents of Deceased: 
 
 Name. Relationship. Address. 
 
 1. 
 2.. 
 3. 
 4. 
 
 152. Form of dependent's claim for compensa- 
 tion, (s) 
 
 What is your full name? 
 
 State your residence. Street Town 
 
 County State 
 
 How old are you? (Give age at last birthday) years. 
 
 Date of birth In what capacity, or 
 
 by what right, do you make the claim? 
 
 How long have you known the deceased? 
 
 State the full name of the deceased 
 
 Give the following particulars relating to the deceased: 
 
 Where and when born? Place 
 
 County Year Month Day 
 
 (Note: It is important that the town, city, etc., should be mentioned.) 
 
 If married, when and where? 
 
 Where did deceased reside at time of death. Street and place 
 
 Where and when did deceased die? Street and place 
 
 Date 
 
 In what occupation was the deceased working when the injuries 
 
 occurred that caused death? 
 
 How long prior to death was deceased confined to the house? 
 
 What was the cause of death? 
 
 Had the deceased any source of income beside his wages, if so, 
 what? 
 
 Did the deceased carry accident, life or lodge insurance or bene- 
 fits; if so, what amount and in what companies or lodges? 
 
 What ailment, disease, illness, weakness, infirmity, disability, or 
 injury has deceased ever had? State facts fully 
 
 State the name and residence of every physician who has prescribed 
 for or attended the deceased during the past two years
 
 WASHINGTON ACT. 153 
 
 153. Affidavit to foregoing form. 
 
 STATE OF WASHINGTON, County of , ss: 
 
 (Strike out paragraphs following which are contrary to fact:) 
 Being first duly sworn, I the undersigned, depose and say: 
 
 That I am a legal guardian of* 
 
 (1) ~~ children 
 
 That I am a* of 
 
 Deceased Workman, whose death resulted from injury occurring on 
 
 the day of , 19 , in course of hazardous 
 
 employment at , Washington, as heretofore reported 
 
 to the Industrial Insurance Commission: 
 
 (2) That I am and have remained unmarried since said death; 
 
 (3) That said Deceased Workman left surviving him the fol- 
 lowing children not more than sixteen (16) years of age, and whose 
 birth dates are as follows to-wit: 
 
 Relationship 
 Name. Date of Birth. to Deceased Workman. 
 
 (4) That said Deceased Workman left surviving him no widow 
 
 widower but child children under sixteen years of 
 
 age named in paragraph (3) hereof, who are in the lawful custody 
 of as thereof; 
 
 (5) That said Deceased Workman left surviving him no widow 
 
 widower or child under the age of 16 years, but left 
 
 dependent , necessarily receiving support in whole or in part from 
 
 his earnings, and who actually received during the twelve (12) 
 months next preceding the injury the average monthly support 
 stated opposite their name__, viz.: 
 
 Actual Necessity 
 Name. Birth Date. for Dependency. 
 
 Average 
 Monthly 
 Support. 
 $ 
 
 
 
 (6) That the actual and necessary support given the dependents 
 named in paragraph (5) "during the twelve months next pre- 
 ceding the occurrence of the injury" was monthly as follows: 
 
 (1) $ in 
 
 (4) $ in 
 
 (7) $ in 
 
 (10) $ In 
 
 (2) $ in ; (3) $ In. 
 
 (5) $ in ; (6) $ in ; 
 
 (8) $ in ; (9) $ in ; 
 
 (11) $ in ; (12) $ In 
 
 (7) That said Deceased Workman was under the age of twenty- 
 
 *Insert the correct term; as widow, widower, legal dependent, 
 guardian of children, etc.
 
 154 WORKMEN'S COMPENSATION AND INSURANCE. 390 
 
 one (21) years, birth date having been , 
 
 and left surviving him parents, as follows: 
 
 Father Post Office Address 
 
 Mother Post Office Address 
 
 (8) That paragraphs numbered were intentionally 
 
 stricken from the foregoing Affidavit Form, and that the facts stated 
 in the remaining portions thereof are true. 
 
 Dated this day of , A. D. 191 
 
 (Sign here) 
 
 Claimant. 
 STATE OF , County of , ss: 
 
 OATH. 
 
 On this day of , A. D. 191 , personally 
 
 appeared before me, the above named 
 
 and made oath that the anwers by him, her, or them above made 
 and subscribed are true, and that he, she, or they has or have con- 
 cealed no fact from the Industrial Insurance Commission. 
 
 Notary Public or Justice of the Peace. 
 (Unless officer taking acknowledgment has OFFICIAL SEAL, 
 
 certificate of appointment will be required.) 
 
 \ 
 
 154. Form of affidavit of claimant for compensa-, 
 tion Survivors of deceased workmen, (t) 
 
 (Strike out portions contrary to fact.) 
 
 STATE OF WASHINGTON, , County, ss: 
 
 Claim No. Class Year Month ending 
 
 Being first duly sworn, I the undersigned, depose and say: 
 
 (1) That I am a* of 
 
 Deceased Workman, whose death resulted from injury occurring on 
 
 the day of , 19 , in course of hazardous 
 
 employment at , Washington, as heretofore reported 
 
 to the Industrial Insurance Commission; 
 
 (2) That I am and have remained unmarried since said death; 
 
 (3) That said Deceased Workman left surviving him the fol- 
 lowing children not more that sixteen (16) years of age, and whose 
 birth dates are as follows, to-wit: 
 
 Relationship 
 Name. Date of Birth, to Deceased Workman. 
 
 (4) That said Deceased Workman left surviving him no widow 
 widower but child children under sixteen years of 
 
 *Insert the correct term; as widow, widower, legal dependent, 
 guardian of children, etc.
 
 39 1 WASHINGTON ACT. 1 55 
 
 age named in paragraph (3) hereof, who are in the lawful custody 
 
 of as thereof; 
 
 (5) That said Deceased Workman left surviving him no widow 
 widower or child under the age of 16 years, but left 
 
 dependent., necessarily receiving support in whole or in part from 
 his earnings, and who actually received during the twelve (12) 
 months next preceding the injury the average monthly support 
 
 stated opposite their name , viz.: 
 
 Average 
 
 Actual Necessity Monthly 
 Name. Birth Date. for Dependency. Support. 
 
 (6) That said Deceased Workman was under the age of twenty- 
 one (21) years, birth date having been 
 
 and left surviving him parents, as follows: 
 
 Father Post Office Address 
 
 Mother Post Office Address 
 
 (7) That paragraphs numbered were intentionally 
 
 stricken from the foregoing Affidavit Form, and that the facts stated 
 in the remaining portions thereof are true. 
 
 (Sign here) 
 
 (Write name clearly.) 
 
 Subscribed and sworn to before me this day of , 19 
 
 (SEAL) 
 
 (Title of Office.) 
 
 155. Form of summary and award, (u) 
 
 Employer, Place, and Time. 
 
 Firm name Firm No 
 
 Location of plant Payroll filed 
 
 Demand sent Paid 
 
 The Injured Person. 
 
 Employe Age, if not 21 | Form 36 Sent 
 
 Address last given I Date 
 
 | Date 
 
 | Date 
 
 I Date 
 
 | Date 
 
 I Date 
 
 The Injury. 
 Date of accident Character 
 
 Time loss, actual: days, at $ ; Total, $. 
 
 Maximum monthly allowance, $ 
 
 Reduced by 60 per cent, rule to $
 
 155 WORKMEN'S COMPENSATION AND INSURANCE. 392 
 
 Name 
 
 o d 
 
 *J O 
 
 fl 'w 
 
 S o 
 
 O o> 
 
 a P. 
 
 o a? 
 
 g fe 
 
 5 w 
 
 O o> 
 
 a 
 
 2. | 
 
 3. I I 
 
 4. | | 
 
 5. 1 1 
 
 6. | | 
 
 Award. 
 
 I. Partial Payment : 
 
 Monthly allowance ending* 
 
 continuing total disability $ 
 
 Advance on account, lump sum, pending investigation $ 
 
 II. Lump Sum Settlement: 
 
 Time loss, temporary total disability $ 
 
 Permanent partial disability $ $ 
 
 III. Monthly Pensions:* 
 
 Permanent total disability, beginning $ 
 
 To dependents of deceased workman, beginning $ 
 
 IV. Burial Expenses allowed to $ 
 
 V. Reserve "for the case" $ 
 
 Computed Payment ordered, date 
 
 Certified correct 
 
 Claim Agent. Chairman. 
 
 Approved 
 
 Chief Physician. Commissioner. 
 
 *Reviewed and further payment ordered for: 
 
 Commissioner. 
 
 Balance to. 
 Month to__ 
 Amounts __ 
 
 Initials 
 
 Date 
 
 Balance to. 
 Month to__ 
 Amounts _. 
 Initials 
 Date _
 
 393 WASHINGTON ACT. 1 56 
 
 Voucher No.__ ._ Warrant No. _ 
 
 Remarks : 
 
 156. Form of partial payment voucher Perma- 
 nent partial disability Full payment Total temporary 
 disabilitv Partial navment fv\ 
 
 disability Partial payment, (v) 
 
 Month 
 
 Year 
 
 Claim No 
 
 Class To , Dr. 
 
 Firm No (Postoffice address) 
 
 Compensation under Chapter 74, Session Laws 
 
 1911, in PARTIAL PAYMENT of claim of above $ 
 
 claimant for 
 
 occurring on the : day of , 191__, 
 
 at_ , Washington, as allowed and approved 
 
 by the findings and order of the Industrial Insur- 
 ance Commission on record, file (page ) in the 
 
 Commission's office, this PARTIAL PAYMENT being 
 computed under rules established in Section 5, Sub- 
 division (d) of said Statute. $ 
 
 Also full payment for the permanent partial disa- 
 bility sustained Sub-division (f) $ 
 
 STATE OF WASHINGTON, County of , ss: 
 
 Received at Olympia, Washington, , 191 , of the 
 
 STATE AUDITOR, warrant on the State Treasurer, No , 
 
 for the sum of* Dollars, 
 
 (Do not fill in this amount) 
 
 *$ , and I, the undersigned, do hereby 
 
 (Leave this space blank) 
 
 certify that the injury above mentioned actually happened to me, as 
 heretofore reported to the Industrial Insurance Commission; that I 
 hereby acknowledge receipt of the amount above mentioned as 
 PARTIAL COMPENSATION for said injury. 
 
 (Sign Here) 
 
 (Write Name Clearly) Payee. 
 
 Witnesses to Signature: Date of Signature 
 
 Postofflce address 
 
 Postofflce address 
 
 *Leave amount blank, to be filled by Auditor.
 
 157 WORKMEN'S COMPENSATION AND INSURANCE. 394 
 
 STATE OF WASHINGTON, County of ss: 
 
 We, the Industrial Insurance Commis.sion of the State of Wash- 
 ington, hereby certify that the claim for compensation above men- 
 tioned has been investigated, approved and the above partial pay- 
 ment regularly allowed by the Commission in the sum of 
 
 Dollars, 
 
 said sum to be paid out of the "Accident Fund" as by Chapter 74, 
 Session Laws 1911, required and provided. 
 
 Chairman. 
 
 Attest: Commissioner. 
 
 Secretary. Commissioner. 
 
 157. Form of partial payment voucher Total 
 temporary disability Monthly allowance, (vv) 
 
 STATE OF WASHINGTON. 
 
 Month ending 
 
 Year To Dr. 
 
 Claim No 
 
 Class (Postofflce address) 
 
 Compensation under Chapter 74, Session Laws 
 1911, in PARTIAL PAYMENT of claim of above 
 
 claimant for 
 
 occurring on the day of , 191 , 
 
 at , Washington, as allowed and approved 
 
 by the findings and order of the Industrial Insurance 
 
 Commission on record, file (page ) in the Commission's office, 
 
 this PARTIAL PAYMENT being computed under 
 rules established in Section 5, Subdivision (d) of 
 
 said Statute 
 
 STATE OF WASHINGTON, County of , ss: 
 
 Received at Olympia, Washington, , 191 , of the 
 
 STATE AUDITOR, warrant on the State Treasurer, No. , 
 
 for the sum of* Dollars, 
 
 (Do not fill in this amount) 
 
 *$ , and I, the undersigned, do hereby certi- 
 
 (Leave this space blank) 
 
 fy that the injury above mentioned actually happened to me, as 
 heretofore reported to the Industrial Insurance Commission; that 
 I hereby acknowledge receipt of the amount above mentioned as 
 PARTIAL COMPENSATION for said injury. 
 
 (Sign Here) 
 
 (Write Name Clearly) Payee. 
 
 "Leave amount blank, to be filled by Auditor.
 
 395 WASHINGTON ACT. 158 
 
 Witnesses to Signature Date of Signature 
 
 Postoffice address. 
 Postofflce address. 
 
 STATE OF WASHINGTON, County of , ss : 
 
 We, the Industrial Commission, of the State of Washington, here- 
 by certify that the claim for compensation above mentioned has 
 been investigated, approved and the above partial payment regularly 
 
 allowed by the Commission in the sum of Dollars, 
 
 said sum to be paid out of the "Accident Fund" as by Chapter 74, 
 Session Laws 1911, required and provided. 
 
 Chairman. 
 
 Attest: Commissioner. 
 
 Secretary. Commissioner. 
 
 158. Form of pension voucher Permanent total 
 disability, (w) 
 
 Year 
 
 Month ending 
 
 STATE OF WASHINGTON, Claim No 
 
 To Dr. Class 
 
 Distribution 
 
 Post Office Address: 
 
 COMPENSATION under Chapter 74, Session Laws 1911, on ac- 
 count of permanent total disability resulting from injury occurring 
 
 on the day of , 19__, at 
 
 Washington, as allowed and approved by Order of the Industrial In- 
 surance Commission on record, file (page ) in the Commis- 
 sion's office, as computed on the following relationship: 
 
 Name Age Relationship Amount 
 
 $ 
 
 $ 
 
 $ 
 
 $ 
 
 Total $- 
 
 RECEIVED at Olympia, Washington, this day of 
 
 19__, of the State Auditor, Warrant on the State Treasurer No 
 
 for the sum of* Dollars (*$ ) in full compen- 
 sation and pension on account of said injury for the month ending 
 , 19__, and I hereby fully release and discharge the 
 
 *Leave amount blank to be filled in by Auditor.
 
 159 WORKMEN'S COMPENSATION AND INSURANCE. 396 
 
 State of Washington from any and all further liability or obligation 
 and other or further claims for compensation or pension for said 
 
 month ending , on account of said injury. 
 
 (Sign Here) 
 
 (Write Name Clearly) Payee. 
 Witnesses: 
 
 Post Office Address 
 
 Post Office Address 
 
 159. Form of pension voucher Survivors of de- 
 ceased workman, (ww) 
 
 Year 
 
 Month ending 
 
 STATE OF WASHINGTON, Claim No 
 
 To Dr. Class 
 
 Post Office Address: 
 
 Compensation under Chapter 74, Session Laws 1911, on account 
 
 of the death of , 
 
 resulting from injury occurring on the day of , 
 
 19 , at , Washington, as allowed and approved by the 
 
 Order of the Industrial Insurance Commission, on record, file (page 
 
 ) in the Commission's office, as computed on the following 
 
 relationship: 
 
 Name Age Relationship Amount 
 
 $- 
 
 Total $. 
 
 RECEIVED at Olympia, Washington, this day of 
 
 19 , of the State Auditor, Warrant on the State Treasurer No 
 
 for the sum of* Dollars (*$ ) in full compen- 
 sation and pension on account of said injury and death for the 
 month ending , 19__, and I hereby fully release and dis- 
 charge the State of Washington from any and all further claims for 
 
 compensation or pension for said month ending , on 
 
 account of said death. 
 
 (Sign Here) 
 
 (Write Name Clearly) Payee. 
 
 Witnesses : 
 
 Post Office Address 
 
 Post Office Address 
 
 *Leave amount blank to be filled in by Auditor.
 
 397 WASHINGTON ACT. 160 
 
 160. Form of burial expense voucher Account 
 of deceased workman, (x) 
 
 Claim 
 
 Class 
 
 STATE OF WASHINGTON, 
 
 To , Dr. 
 
 Postoffice address) 
 
 Compensation under Chapter 74, Session Laws 1911, for $ 
 
 Burial Expense of , who sustained fatal injury 
 
 on the day of , 191__, at 
 
 Washington, as allowed and approved by the order of the 
 Industrial Insurance Commission on record, file (page 
 
 ) in the Commission's office. 
 
 STATE OF WASHINGTON, County of , ss: 
 
 Received at Olympia, Washington, this day of , 
 
 191__, of the State Auditor, warrant on the State Treasurer No 
 
 for the sum of* Dollars, 
 
 (Do not fill in this amount) 
 *($ ) in full compensation as allowed under 
 
 (Leave this space blank) 
 
 the above mentioned act, for the burial of said deceased by 
 
 , undertakers; and I hereby certify that the 
 
 above mentioned amount is true and correct and is due for services 
 performed by me as said undertaker in reimbursement on the 
 
 amount of $ paid by me to said undertaker. 
 
 Signature 
 
 For Payee. 
 
 Subscribed and sworn to before me this day of , 
 
 A. D. 191__ 
 
 Notary Seal Here. 
 
 (Title of office) 
 
 STATE OF WASHINGTON, County of Thurston, ss : 
 
 We, the Industrial Insurance Commission of the State of Wash- 
 ington, hereby certify that the claim for burial expense above men- 
 tioned has been investigated, approved and regularly allowed by 
 
 the Commission in the sum of Dollars, 
 
 said sum to be paid out of the "Accident Fund" as by Chapter 74, 
 
 Session Laws 1911, required and provided. 
 
 Attest: 
 
 Chairman. 
 Commissioner. 
 Secretary. Commissioner. 
 
 *Leave amount blank to be filled by auditor.
 
 161 WORKMEN'S COMPENSATION AND INSURANCE. 398 
 161. Form of final settlement voucher, (y) 
 
 STATE OP WASHINGTON, 
 
 To , Dr. 
 
 (Claim No ) (Class No ) (Postoffice address) 
 
 AWARD, Computed on basis of time lost working 
 
 days, $ $ 
 
 Permanent Partial Disability sustained $ 
 
 being compensation under Chapter 74, Session Laws 1911, in 
 full settlement of Claim of above claimant for injury 
 
 occurring on the day of , 191 , at 
 
 , Washington, as allowed and approved by the 
 
 findings and order of the Industrial Insurance Commission 
 
 on record, file (page ) in the Commission's office. 
 
 STATE OF WASHINGTON, County of , ss: 
 
 Received at Olympia, Washington , 191__, of 
 
 the STATE AUDITOR, warrant on the State Treasurer, No __, 
 
 for the sum of* ! Dollars, 
 
 (Do not fill in this amount) 
 *$ , I the undersigned, do hereby certify 
 
 (Leave this space blank) 
 
 that the injury above mentioned actually happened to me, as hereto- 
 fore reported to the Industrial Insurance Commission; that I here- 
 by acknowledge receipt of the amount above mentioned as full and 
 complete compensation for said injury, and I hereby fully release 
 and discharge the State of Washington from any and all further 
 liability or obligations for or on account of said injury and from 
 any other or further claims for compensation on account thereof. 
 
 (Sign Here) 
 
 (Write Name Clearly) Payee. 
 
 Witnesses to Signature : 
 
 Postoffice address 
 
 Postoffice address 
 
 STATE OF WASHINGTON, County of , ss: 
 
 We, the Industrial Insurance Commission of the State of Wash- 
 ington, hereby certify that the claim for compensation above men- 
 
 *Leave amount blank to be filled by auditor.
 
 399 WASHINGTON ACT. 162 
 
 tioned has been investigated, approved and regularly allowed by the 
 
 Commission in the sum of __Dollars, 
 
 said sum to be paid out of the "Accident Fund" as by Chapter 74, 
 Session Laws 1911, required and provided. 
 
 Chairman. 
 Attest: 
 
 Commissioner. 
 Secretary. Commissioner 
 
 162. Form of election to receive compensation 
 and assignment of claim Injuries by defaulting em- 
 ployer, (z) 
 
 WHEREAS, on or about , 19__, 
 
 (Name of Employ^.) 
 employed by , 
 
 (Name of Employer) 
 
 of , while in the course of his employment, 
 
 received injuries as follows: 
 
 (State Nature and Result of Injuries) 
 
 and, 
 
 WHEREAS, such injuries occurred during a period of default in 
 the payment of a premium due by such employer under the provi- 
 sions of Chapter 74, of the Laws of 1911, after demand for the pay- 
 ment thereof; 
 
 NOW, THEREFORE, 
 
 (Name of Injured Person, Widow, Children, or Dependents, 
 as the case may be) 
 
 hereby elect to receive compensation for such injuries under and 
 in accordance with said Chapter 74, Laws of 1911; and, 
 
 In consideration of the premises hereby assign., and transfer..
 
 163 WORKMEN'S COMPENSATION AND INSURANCE. 400 
 
 to the State of Washington, for the benefit of the accident fund 
 created by said act, any and all rights or causes of action, and all 
 claims and demands against said employer arising out of the injuries 
 above described. 
 
 Witnesses: 
 
 163. Election to receive compensation and assign- 
 ment of claim Injury by other than employer, (zz) 
 
 Whereas, on or about , 19 , 
 
 , employed by , 
 
 (Name of employe.) (Name of employer.) 
 
 of , while in the course of his employment, 
 
 away from the plant of his employer, received injuries as follows: 
 
 (State nature and result of 
 
 injuries), and, 
 
 Whereas, such injuries were due to the negligence or wrong of 
 
 another not in the same employ, viz., , 
 
 servants or agents; 
 
 Now, therefore, (Name of 
 
 injured person, widow, children or dependents, as the case may be) 
 hereby elect to receive compensation for such injuries under and 
 in accordance with the provisions of Chapter 74, of the Laws of 
 1911; and, 
 
 In consideration of the premises hereby assign and transfer 
 to the State of Washington, for the benefit of the accident fund 
 created by said act, any and all rights or causes of action, and all 
 claims and demands against any and all persons and corporations 
 arising out of the injuries above described. 
 
 Witnesses :
 
 401 
 
 WASHINGTON ACT. 
 
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 164 WORKMEN'S COMPENSATION AND INSURANCE. 402 
 
 164. Statistical reports on the operation of the 
 act. The Washington Industrial Insurance Commission 
 have published Reviews of the first four, eight and 
 twelve months' operation of their administration of the 
 Washington law which give very important statistical 
 results of the status of the forty-eight funds which have 
 been created by the contributions made by the corre- 
 sponding classes of employers and from which the in- 
 jured workers have been paid and awarded their com- 
 pensations. Their report for the first year's operation 
 of the act is given in the following section. These 
 statements are of very great importance, not only to 
 lawyers, judges, economists and legislative agents of 
 the State of Washington, but to those of States having 
 on their statute books similar laws, or of States which 
 contemplate the enactment of such laws. 
 
 165. Review of the first year's operation of act. 
 
 SUMMARY OF OPERATION. 
 
 Firms listed and assessed 5,750 
 
 Employes listed and protected 130,000 
 
 Total accidents reported 11,896 
 
 Claims allowed 6,984 
 
 Disallowed, suspended and waived 2,256 
 
 In process of adjustment 953 
 
 Accident report incomplete 1,703 
 
 Paid into accident fund $980,445.75 
 
 Paid out on claims $445,527.51 
 
 Invested in interest-bearing reserves to guarantee 
 
 pensions 243,984.95 
 
 Net balance in accident fund 290,933.29 
 
 Gross expense of commission 107,868.08 
 
 Total funds handled by commission . .. 1,088,313.83 
 
 Expense of doing business 9.9 per cent. 
 
 When the act was under discussion in the legislature and, 
 even after it had become effective, the statement was made re- 
 peatedly that no state commission, without the spur of profit, 
 could administer the law without wasting thousands of dollars. 
 
 "No state," said the law's critics, "can do business as cheaply 
 as a private company." And yet, where the private casualty com-
 
 43 WASHINGTON ACT. 165 
 
 pany is spending over sixty per cent, to handle its business, the 
 state is doing it for nine and nine-tenths per cent. The German 
 Imperial system of compensation costs twelve and eight-tenths 
 per cent, for administration. 
 
 Million Dollar Accident Fund. 
 
 The preliminary audit for October, November and December, 
 1911, and its resulting assessments up to January, 1912, secured for 
 the administration of the accident fund $428,057.42. The re-audit 
 and the resumption of active logging and mill operations in April 
 increased the accident fund to $640,951.30. A year's contributions 
 have nearly touched the million mark, the gross amount collected 
 up to midnight, September 30th, being $980,445.75. 
 
 The gross year's result then is the sum of nearly one million 
 dollars collected and $689,512.16 paid out to injured workmen and 
 invested in reserves to guarantee pensions. 
 
 Paid out directly to claimants without expense of litigation or 
 serious cost to the state at large, $445,527.21 which went to injured 
 workmen and their dependents. To insure the payment of pensions, 
 now being distributed monthly to the dependents of 121 injured 
 workmen, the state treasurer has set aside $243,984.95, now bearing 
 interest at an average rate of 5*4 per cent. 
 
 Under the casualty insurance system, $600,000 was collected an- 
 nually from the manufacturers of the state, less than $100,000 found 
 its way back to the injured workman. Today, with a quarter of a 
 million invested in Washington bonds, school, county and municipal, 
 permanently invested and assisting in the state's development, 
 nearly a half million, net, has been paid from the accident fund to 
 relieve the needs of injured workmen, their families and depen- 
 dents. 
 
 Pensioners Number 235. 
 
 Naturally, the pension roll of the Commission is increasing. 
 From the one pensioner in October, 1911, with a monthly income 
 of $25.00, the roll has swelled to 235, with a monthly payroll of 
 $2,364.50. 
 
 Stated briefly, the. death claims brought before the Commission 
 are in process as follows: 
 
 Pensions awarded 121 
 
 Suspended and rejected r - 191 
 
 (No dependents) 
 
 Under Investigation 38 
 
 Incomplete 
 
 Total . 282
 
 1 65 WORKMEN'S COMPENSATION AND INSURANCE. 404 
 
 Preliminary figures on 1,000 cases indicate that less than three 
 per cent, of all accidents reported under the Workmen's Compen- 
 sation Act show a liability that would be good for a verdict under 
 the old law, consequently 97 per cent, of all the above cases would 
 be probably uncompensated under the casualty system. 
 
 The monthly average of accidents has increased inevitably 
 owing to the resumption of business and a better understanding of 
 the law. In February, 1912, it was about eight hundred a month. 
 In September of the same year, the total was nearly one thousand. 
 11,896 formal reports of accidents were received during the year. 
 
 Why Contractors Are Continuously Assessed. 
 
 The chief auditor's statement of the condition of the accident 
 fund at the end of one year's operation is interesting. In the first 
 eight classes, continuous assessments have been made by the Com- 
 mission. The reasons for these continuous assessments are set 
 forth briefly as follows: 
 
 1. No class of the first eight has a balance that a series of 
 fatal accidents would not reduce below a point of safety. 
 
 2. If assessments had not been continuous the small con- 
 tractor might have escaped paying on his short-term contracts. 
 
 3. Accidents have been continuous and assessments would 
 have been levied finally to pay accident-costs in any event, the 
 difference being that the larger contractor, being well established 
 and easily accessible, would have been compelled to carry the cost, 
 not only of his own accidents, but also of those occurring on the 
 work of the small contractor who might have escaped assessment. 
 
 4. The placing of competitors on the same plane for the pur- 
 pose of bidding on contracts demands that every contractor shall be 
 assessed on every job. If the rates are too high, the legislature 
 can adjust them. 
 
 5. The general contractor is often listed in several classes; 
 sometimes on big jobs, sometimes on small, sometimes idle; now 
 on public work, secured by law; now on private work where the 
 owner may be holden and subjected to loss. The only safe way 
 seems tc be continuous assessment until the fund reaches a figure 
 where all can be relieved. In any case, the law provides a read- 
 justment of accounts each year, so that the inequities or over- 
 payments may be corrected. 
 
 6. The extreme hazard of all operations in the contractors' 
 classes compels a wide margin of safety; hence the inflexible 
 rulings aforesaid. 
 
 Legislative Remedy for "Casual Employment Problem." 
 
 In this connection, the need is emphasized of legislation to 
 <:over the whole matter of casual employment. The farmer who
 
 45 WASHINGTON ACT. 165 
 
 "lets a contract" for a barn, cattle shed or hog pen; the private 
 person who builds himself a bungalow by day labor; the business 
 man who puts up a grand stand, dancing pavillion or boat house; 
 the rancher who "hires out" a land clearing job; the property 
 owner who "hires help" to paint his hotel, block or apartment 
 house; all of these operations are extremely difficult to list and 
 assess. Practically never does the Commission hear of them except 
 when an accident occurs; then both employer and employe" hasten 
 to contribute and demand compensation respectively. 
 
 In one typical case, the contribution of the employer, who was 
 discovered only after a carpenter had lost his eye through a flying 
 nail, was $3.85, while the accident cost the employers of class 5 
 $1,064.60. 
 
 Some penalty for concealment of payroll will doubtless be 
 imposed by the next legislature. 
 
 Lumbermen's Class at Flat Cost. 
 
 In class 10, lumbering, logging, etc., the law permits a rate 
 of $2.50 per hundred dollars of payroll. A call was made on these 
 industries for seven months' assessments, resulting in a fund of 
 $324,102.86, from which claims were paid to the amount of $206,- 
 146.50, with $117,366.32 invested in reserves. This class, with a net 
 balance of only $590.04 has been watched very closely for purposes 
 of comparison. Fortunately, the size of the class and the condition 
 of business makes it possible to replenish this fund at once by 
 another call, which is now in progress. Meanwhile, the flat cost of 
 compensation is apparent from the showing, the actual rate being 
 $1.46 per hundred dollars. 
 
 In Class 10, Accounts Receivable (uncollected premiums), 
 amounted Oct. 1, to $53,562. Accounts Payable, including reserves 
 on 7 death claims and award vouchers mailed out but not yet 
 signed or certified to the state auditor for warrants, aggregate 
 practically the same amount. 
 
 Attention is frequently directed to the printing trade Class 41, 
 on which the law fixes a rate of $1.50 per hundred. The prelimi- 
 nary assessment created a fund of $6,519.19, only $1,345.65 of which 
 was required to pay accident-loss. The assessed rate was therefore 
 thirty-eight cents per one hundred dollars, but the accidents only 
 required a rate of seven cents per hundred dollars. Clearly this 
 fund will be sufficient for many months to come. 
 
 Low Insurance Cost to Employers. 
 
 Classes 30, asphalt manufacturing, and 45, theater stage em- 
 ploye's, have had no accidents charged against them, but their 
 diminutive funds of $971.50 and $445.14 respectively would be swept
 
 Rates 
 
 Rates 
 
 per $100 
 
 per $100 
 
 Assessed 
 
 Neces- 
 
 
 sary 
 
 .75 
 
 .14 
 
 .50 
 
 .13 
 
 .38 
 
 .12 
 
 .38 
 
 .09 
 
 .38 
 
 .05 
 
 .50 
 
 .27 
 
 .61 
 
 .18 
 
 165 WORKMEN'S COMPENSATION AND INSURANCE. 406 
 
 away by one serious accident. Other classes showing very small 
 percentages of rate required to meet accident cost are as follows: 
 
 Rate 
 
 per $100 
 Fixed 
 
 by Law 
 
 Class 33, Fish Canneries $3.00 
 
 Class 35, Brick Manufacture 2.00 
 
 Class 38, Textile Manufactures 1.50 
 
 Class 39, Food Stuffs 1.50 
 
 Class 40, Creameries 1.50 
 
 Class 44, Ice Manufacturing 2.00 
 
 Class 47, Creosoting Works 2.50 
 
 The non-hazardous class, created under section 19 of the act, 
 by which employers and employe's may elect to come under the act, 
 even though excluded by the nature of their work, is growing in 
 favor. It provides mutual protection at a rate of $1.35 per hundred 
 dollars. The Commission collected three months' premium from 
 these employers, $1,092.30, at a rate of thirty-four cents per hun- 
 dred dollars, but only $83.95 was required for meeting the accident- 
 loss, a necessary rate of only three cents per one hundred dollars. 
 
 Another class which shows a remarkable record of low acci- 
 dent-cost is 14, street railways. With a legal rate of $3.00 per 
 hundred dollars the Commission collected the statutory three 
 months' contribution, rate seventy-five cents, with the result that 
 only twenty-three cents per hundred dollars was required to com- 
 pensate injured workmen in that class. The most liberal rulings 
 were adopted in compensating accidents occurring in connection 
 with street railways after full consultation with the street railway 
 companies. Compensation was paid in cases where a conductor 
 was beaten by a passenger, where a motorman was assaulted by a 
 truck driver and even where a conductor was bitten by a dying dog 
 run over by the car, yet the rate of twenty-three cents per hundred 
 dollars carried all awards made by the Commission. 
 
 Hazardous Bisks at Low Bate. 
 
 Coal mining, Class 16, one of the most hazardous industries in 
 the state, secured a fund of $82,398.83 by a six months' call, $40,- 
 816.61 of which was paid out for accidents, and $28,041.23 invested 
 in pension reserves. The legal rate is $3.00 per hundred dollars, 
 and the assessed rate $1.50, the necessary rate $1.23. The same 
 thing applies to quarries, with a legal rate of $4.00, assessed rate of 
 $1.33, and required rate of sixty-eight cents per hundred dollars. 
 
 Laundries, a class in which several employers deliberately be- 
 came defaulters, the legal rate is $2.00 per hundred dollars, but
 
 WASHINGTON ACT. 165 
 
 three months' assessment, rate fifty cents per hundred dollars 
 created a fund of $7,671.21, out of which the accident-cost required 
 $2,542.90, a rate of only seventeen cents per hundred dollars. 
 
 The Powder Mill Class. 
 
 Class 46, powder manufacturers, is still overdrawn, but the 
 fund's condition, as it would have been with the proper contribu- 
 tions collected, is interesting: 
 
 10% of payrolls for Oct., Nov., Dec. $ 3,956.49 
 
 Shortage on January 1st 4,302.86 
 
 10% of payrolls for Jan. 1 to Oct. 1 _ 11,811.99 
 
 Total $20,071.34 
 
 Less pension reserves and burial allowances 8,259.35 
 
 $11,811.99 
 
 Penalty on Imperial Powder Company 1,297.16 
 
 (Employed two girls under lawful age) 
 
 Balance if paid $13,109.15 
 
 A rate of five per cent, would have been sufficient to pay for the 
 accidents in the powder mill class even with the Chehalis disaster 
 victims fully compensated. 
 
 No rates are extended in the first eight classes, continuous 
 assessment and the varied ratings in each class making comparison 
 impracticable. 
 
 Appeals. 
 
 Out of the awards, suspensions and rejections made on the 
 twelve thousand accident reports, only twenty-one appeals have 
 been taken to the courts. Of these, three were withdrawn and 
 three tried. The remainder are still pending. Only one appeal is 
 by an employer, three are by dependents and the remainder by the 
 workmen themselves. One appeal involves jurisdiction over inter- 
 state commerce; one whether a minor's dependent parents can 
 receive a pension for life. In only two cases permanent disabilities 
 have been found by the jury, contrary to the Commission's judg- 
 ment. 
 
 Suits aggregating forty-three in number have been instituted 
 by the attorney general against defaulting employers to collect the 
 premiums due from them to the Accident Fund. Of these forty-three 
 cases, seventeen were settled before judgment, four were settled 
 subsequent to judgment, while in seven of the cases Judgments 
 have been entered but not yet collected. One case was discontinued 
 because the plant was not in operation after October 1, 1911. One 
 other case was discontinued for the reason that the employer had 
 no one in his employ subsequent to October 1, 1911. Thirteen of 
 the forty-three cases are still pending.
 
 1 66 WORKMEN'S COMPENSATION AND INSURANCE. 408 
 
 166. Official state safety bulletin. The Industrial 
 Insurance Commission of Washington, the State 
 Bureau of Labor and the Governor of the State, August 
 1, 1912, inaugurated a campaign for the reduction of 
 accidents by the circulation and posting of a safety bul- 
 letin in the following form : 
 
 PREVENT ACCIDENTS! 
 
 1. "Safety first better cause a delay than an accident." 
 
 2. 10 per cent, of the men employed are being hurt that's too 
 many. 
 
 3. Every accident costs money money should buy comforts, 
 not be wasted on preventable pain. 
 
 4. Help to prevent accidents. It is a duty you owe yourself, 
 your fellow workmen, your family, their families, the employer and 
 the State. 
 
 5. "An accident that could have been prevented by a safety de- 
 vice is a disgrace to an employer. It shows either a lack of care or 
 a lack of efficiency." Don D. Lesoohier. 
 
 6. "The amount of sorrow and suffering that will be eliminated 
 when safety work is taken up earnestly by our manufacturers is be- 
 yond the comprehension of those who have not given the subject 
 careful thought." Safety Secretary Young, Illinois Steel Co. 
 
 7. "Safety committees composed of the men, not the superin- 
 tendents or foremen, but the men, are the best inspectors. They will 
 find the danger points and suggest remedies, and then they will make 
 the suggestions go because they are their own ideas." Chairman 
 Richards, Safety Committee, C. & N. W. Ry. 
 
 8. "In 1909 few competent authorities dared to assert that more 
 than 50 per cent, of the industrial accidents were preventable. To- 
 day we do not hesitate to say that 75 per cent, are preventable." 
 Minnesota Bureau of Labor. 
 
 9. Every injury, no matter how slight, should receive proper 
 medical attention. Infection blood poison results from ignorance 
 and neglect. Amputations often follow. 
 
 10. "Constant and close supervision by competent superintend- 
 ents and foremen can prevent accidents in those operations (such as 
 logging or gravel pit work) where safety devices cannot be uti- 
 lized." Director Van Schaack, Aetna Insurance Company. 
 
 11. PERSONAL CAUSES OF ACCIDENTS. 
 
 Minnesota Bureau of Labor Report, 1910 Employers' Opin- 
 ions: 
 
 Per 
 Inherent danger of industry (includes defective and insuffi- cent. 
 
 ciently guarded machinery) 61
 
 49 WASHINGTON ACT. 1 66 
 
 Contributory negligence of employe" (want of skill and careless- 
 ness) 20.7 
 
 Inherent danger and contributory negligence combined 10.5 
 
 Negligence of injured employe _ 3.6 
 
 Negligence of fellow workman _ 3.1 
 
 Fellow workman and injured employe combined . 1.0 
 
 Employer 1 
 
 Total (4,084 cases) 100 
 
 12. Every accident has its inevitable and definite effect upon 
 the cost of production under the present Compensation Act. The 
 Commission has the power and has already fixed penal rates upon 
 establishments because of poor or careless management or work 
 unduly dangerous. The workman's instinct of self-preservation 
 should be supplemented by the wrath of his foreman when he is 
 careless of the safety of his fellow workers. 
 
 INSTRUCTIONS. 
 
 Do not take off any safeguard or protective device. If you take 
 a chance and get hurt, it decreases your compensation 10 per cent. 
 (Sec. 9, Compensation Act.) If the superintendent, foreman, or any 
 other person removes any safeguard, report the fact to this Com- 
 mission. 
 
 Do not hesitate to lend a hand when anyone is hurt. Call any 
 doctor desired. Compensation is paid, regardless of whose fault 
 causes the injury. Give the Commission the full facts fearlessly. 
 Concealment of causes helps no one. 
 
 The State compels employers to provide funds out of which it 
 pays reasonable compensation in case of injury. 
 
 The State compels employers to provide funds out of which 
 it pays reasonable compensation in case of injury. If you do not 
 think the awards sufficient, remember it is better than law suits 
 and delays under the old system, and where 80 out of each 100 
 injured had no legal remedy whatever. 
 
 There is no fund or provision, however, for payment by the 
 State of charges for ambulance, physician, surgeon, hospital, nurse, 
 medicine, or surgical appliances. The "first-aid" provision was 
 stricken from the Compensation Act before its passage by the 
 legislature. 
 
 Much needless infection and time-loss should be prevented by 
 the employers keeping handy a supply of antiseptic gause, steri- 
 lized bandages (keep free from dust or handling) and tincture of 
 iodine. Paint all small wounds, bandage, then send man to doctor. 
 
 When an accident happens the following papers should be 
 filled out and mailed at once to Olympia: 
 
 1. The employer's report, Form (k) (green).
 
 1 66 WORKMEN'S COMPENSATION AND INSURANCE. 410 
 
 2. Workman's claim for compensation, Form (1) (white). 
 
 3. Report of attending physician, Form (m) (pink). 
 
 4. Report of witnesses, Form (o) (buff). 
 
 The employer should keep these blanks on hand. They are 
 furnished free by the State. Unless the injury causes the loss 
 of over one day's time, or results in a disability that impairs 
 the earning capacity 5 per cent., no award will be made by the 
 Commission. 
 
 Industrial Insurance Commission of Washington. 
 
 By J. H. Wallace, 
 
 Hamilton Higday, 
 
 Commissioners.
 
 CHAPTER XI. 
 
 THE OHIO WORKMEN'S INSURANCE ACT. 
 
 Sec. Sec. 
 
 167. The nature of the Ohio 182. 
 
 Workmen's Insurance act. 
 
 168. Ohio act an insurance act. 183. 
 
 169. Ohio act an indirectly com- 
 
 pulsory act. 184. 
 
 170. Employer's liability under 
 
 the act. 185. 
 
 171. The statute and its inter- 
 
 pretation by the board and 
 the attorney-general. 
 
 172. The decision of the Su- 
 
 preme Court of Ohio sus- 186. 
 taining the law. 
 
 173. Workshop and factory in- 
 
 spection and regulation 
 act. 
 
 174. Rules of procedure before 187. 
 
 the state liability board of 
 awards. 188. 
 
 175. Procedure as to employers. 
 
 176. Forms of applications and 189. 
 
 notices to be used by em- 
 ployers covered by the 190. 
 act. 
 
 177. Form of application for 191. 
 
 classification of industry 
 and for premium. 
 
 178. Form of supplementary re- 
 
 port Accident experience. 
 
 179. Form of notice of employer 192. 
 
 to employe's. 
 
 180. A comparison of premium 
 
 rates under the Ohio law 
 with liability insurance 
 rates under compensation 193. 
 laws. 
 
 181. Procedure as to injured em- 194. 
 
 ploygs. 
 
 411 
 
 Form of procedure on no- 
 tices in general. 
 
 Form of first notice of in- 
 jury, (a) 
 
 Form of first notice of 
 
 , death, (b) 
 
 Formal procedure for pro- 
 curing medical, nurse, and 
 hospital services and med- 
 icines, without compensa- 
 tion. 
 
 Form of application for 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with- 
 out compensation, (a) 
 
 Form of physician's fee 
 bill, (b) 
 
 Form of druggist's cost 
 bill, (c) 
 
 Form of employer's certifi- 
 cate and oath, (d) 
 
 Form of certificate and 
 oath of lay witness, (e) 
 
 Formal procedure to obtain 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with 
 compensation. 
 
 Form of application for 
 money to pay for medical, 
 nurse and hospital serv- 
 ices and medicines, with 
 compensation, (a) 
 
 Form of employer's certifi- 
 cate and oath, (b) 
 
 Form of physician's fee 
 bill, (c)
 
 167 WORKMEN'S COMPENSATION AND INSURANCE. 412 
 
 Sec. Sec. 
 
 195. Form of druggist's cost 210. 
 
 bill, (d) 
 
 196. Form of medical fee bill 211. 
 
 and hospital charges, (e) 
 
 197. Form of certificate and 212. 
 
 oath of lay witness, (f) 
 
 198. Formal procedure to obtain 213. 
 
 compensation in case of 
 permanent total disability. 214. 
 
 199. Form of application for 
 
 money to pay for medical, 215. 
 nurse and hospital serv- 
 ices and medicines, with 
 compensation, (a) 
 
 200. Form of employer's certifi- 
 
 cate and oath, (b) 216. 
 
 201. Form of physician's fee 
 
 bill, (c) 
 
 202. Form of druggist's cost 
 
 bill, (d) 
 
 203. Form of medical fee bill 217. 
 
 and hospital charges, (e) 
 
 204. Form of certificate and oath 218. 
 
 of lay witness, (f) 
 
 205. Forms to obtain money to 
 
 pay for medical, hospital 219. 
 and funeral expenses on- 
 ly. 
 
 206. Form of application for 220. 
 
 money paid for medical, 
 nurse and hospital serv- 221. 
 ices and medicines and 
 for funeral expenses, with- 222. 
 out award, (a) 
 
 207. Form of undertaker's certi- 223. 
 
 ficate of death and cost 
 
 bill, (b) 224. 
 
 208. Form of lay witness's cer- 
 
 tificate in proof of death. 225. 
 (c) 
 
 209. Form of physician's certifi- 
 
 cate in proof of death, (d) 
 
 Form of employer's certifi- 
 cate and oath, (e) 
 
 Form of physician's fee 
 bill, (f) 
 
 Form of druggist's cost 
 bill, (g) 
 
 Form of medical fee bill 
 and hospital charges, (h) 
 
 Form of certificate and oath 
 of lay witness, (i) 
 
 Form of procedure to ob- 
 tain compensation and 
 money to pay for medi- 
 cal, hospital and funeral 
 expenses. 
 
 Form of application for 
 money paid for medical, 
 nurse and hospital serv- 
 ices and medicines and for 
 funeral expenses, (a) 
 
 Form of proof of depend- 
 ents, (b) 
 
 Form of undertaker's certi- 
 ficate of death and cost 
 bill, (c) 
 
 Form of lay witness's cer- 
 tificate in proof of death, 
 (d) 
 
 Form of physician's certifi- 
 cate in proof of death, (e) 
 
 Form of employer's certifi- 
 cate and oath, (f) 
 
 Form of physician's fee 
 bill, (g) 
 
 Form of druggist's cost 
 bill, (h) 
 
 Form of medical fee bill and 
 hospital charges, (i) 
 
 Form of certificate and 
 oath of lay witness, (j) 
 
 167. The nature of the Ohio Workmen's Insur- 
 ance act. The distinction between Workmen's Insur- 
 ance and Compensation Acts has been pointed out in
 
 413 OHIO ACT. 1 68 
 
 Chapter I. It is sometimes loosely said that statutes of 
 the nature of the British Workmen's Compensation Act 
 have been enacted in California, Illinois, Kansas, Massa- 
 chusetts, Nevada, New Hampshire, New Jersey, New 
 York, Ohio, Rhode Island, Washington and Wisconsin, 
 but this statement is too broad. The Workmen's In- 
 surance Acts of Ohio, Washington and even of Massa- 
 chusetts, are specific adaptations of the German In- 
 dustrial Insurance Law and the legal basis for these 
 three acts is found in the taxing power of the State exer- 
 cised through its police power for the protection of the 
 health, safety and the general welfare of the public. The 
 Compensation Acts of the nine other States mentioned 
 are adaptations of the British Workmen's Compensa- 
 tion Acts and in no way depend upon the taxing power 
 of the States. The basis of the two kinds of acts are 
 fundamentally different under our constitutional limita- 
 tions. 
 
 168. Ohio act an insurance act. The Ohio Act is 
 in fact a workman's Insurance Act, for the reason that 
 it makes the claim of the injured workman a claim 
 against a fund and not against his employer, as is the 
 case in the so-called workman's compensation laws. 
 There are only two exceptions of very rare occurrence to 
 this statement. The first is that in which the State Lia- 
 bility Board of Awards denies the injured workman 
 any relief whatever, and in that case his right to sue 
 the Board of Awards is preserved, but he is denied the 
 right to sue his employer. 1 His action is against the 
 board. The second exception occurs where a personal 
 injury is suffered or when death results to an employe 
 from personal injuries which have "arisen from the 
 willful act of such employer of any such employer's offi- 
 cers or agents from the failure of such employer, or of 
 any of such employers' officers or agents, to comply 
 
 i See 36 of Act.
 
 169 WORKMEN'S COMPENSATION AND INSURANCE. 414 
 
 with any municipal ordinance or lawful order of any duly 
 authorized officer, or any statute for the protection of 
 life or safety of employes." This is the only case in 
 which is retained the right of the employe to sue his 
 employer who has paid the premium prescribed by the 
 Board of Awards. An injured employe, however, who 
 files a suit on such a claim by that act waives any claim 
 to compensation from the fund created by the act. 2 
 The rarity of such an occurrence is shown by reference 
 to the operation of the British Compensation Act. The 
 actual figures of an English insurance company for one 
 year (1908) show that out of 10,343 accidents there were 
 only fifty-five employers' liability claims. 3 This showing 
 is made stronger when it is understood that under the 
 British Compensation Act, an injured employe may elect 
 to sue at law or accept compensation given by the act, 
 and his election to sue does not deny him the right to 
 compensation under the Compensation Act, in case the 
 suit at law should fail. Under the Ohio act, however, 
 the moment the employe files his suit he stakes all his 
 chances on winning his suit and waives any claim against 
 the fund, and he has more to prove than in ordinary 
 suits at law previous to the passage of the act. 
 
 169. Ohio act an indirectly compulsory act. 
 
 When the employer has paid the premium and posted 
 the notice required by the act 3a and the workman con- 
 tinues in the service of such an employer and is injured 
 he is compelled to accept the compensations provided by 
 the act, excepting the rare case cited in the preceding 
 section. The act is in fact compulsory on the part of the 
 employe. 
 
 2 See 21-2 of Act. 
 
 3 See Senate Document No. 338, 62d Congress, 2d Session, p. 
 103, Report of the Employer's Liability and Workmen's Commis- 
 sion of the United States. Feb. 21st, 1912. 
 
 These results are strongly supported by the experience under 
 the Washington Act. See review of eight months operation by the 
 Industrial Insurance Commission of Washington; ante 166. 
 
 3* See 20-1.
 
 4^5 OHIO ACT. 170 
 
 A color of option on the part of the employer is 
 found in section 20-1 of the Ohio Act. In the first line 
 the word "any" was inserted in the place of "every," and 
 in the third line the word "who" was inserted before the 
 words "shall pay, etc.," by the opponents of the manda- 
 tory form of the original draft of the law. The penalty, 
 however, for the failure to pay the premiums prescribed 
 by the law, namely, the taking away of all of the com- 
 mon-law defenses from the employer, remains in the 
 law, and is the same penalty recommended by the Em- 
 ployer's Liability Commission of Ohio when the draft of 
 the law was in the mandatory form. The law in effect is 
 mandatory. 
 
 170. Employers' liability under the act. Briefly 
 stated, the law is that the employer who employs five 
 or more workmen or operatives regularly in the same 
 business is relieved from all liability for injuries in course 
 of employment where he pays into the State insurance 
 fund the premiums fixed by the State Liability Board 
 of Awards. The exception is in the case of injuries wil- 
 fully inflicted by the employer. Where the premiums 
 are not paid the employer is liable as under the common 
 law, except that he is denied the common-law defenses. 
 
 171. The statute and its interpretation by the 
 board and the attorney-general. The Ohio Act is en- 
 titled an act to create a State insurance fund for the 
 benefit of injured, and the dependents of killed em- 
 ployes, and to provide for the administration of such 
 fund by a State liability board of awards, and reads as 
 follows : 
 
 Sec. 1. There is hereby created a State liability 
 board of awards, to be composed of three members, 
 not more than two of whom shall belong to the same 
 political party, to be appointed by the governor, within 
 thirty days after the passage of this act, one of which 
 members shall be appointed for the term of two years,
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 416 
 
 one member for four years and one member for six 
 years, and thereafter as their terms expire the governor 
 shall appoint one member for the term of six years. Va- 
 cancies shall be filled by appointment by the governor 
 for the unexpired term. 
 
 Note by the board. In obedience to the provisions of this sec- 
 tion, Governor Harmon, on July 14, 1911, appointed as members of 
 the State Liability Board of Awards, Mr. T. J. Duffy, of East Liver- 
 pool, Democrat, for a term of two years; Mr. William A. Grieves, 
 of Columbus, Republican, for a term of four years; and Mr. Wallace 
 D. Yaple, of Chillicothe, Democrat, for a term of six years. On 
 July 25, 1911, Mr. Grieves resigned and on August 24, 1911, the 
 Governor appointed Mr. Morris Woodhull, of Dayton, to fill the 
 vacancy thus created. Mr. Duffy has for some years been Presi- 
 dent of the National Potters' Association; Mr. Woodhull is a man- 
 ufacturer; and Mr. Yaple is a lawyer. 
 
 Sec. 2. Each member of the board shall devote his 
 entire time to the duties of his office and shall not hold 
 any position of trust or profit or engage in any occupa- 
 tion or business interfering or inconsistent with his duty 
 as such member, or serve on or under any committee of 
 any political party. 
 
 Note by the board. Each member of the board upon his ap- 
 pointment promptly complied with the requirements of this section. 
 
 Sec. 3. Each member of the board shall receive an 
 annual salary of five thousand dollars, payable in the 
 same manner as salaries of State officers are paid. 
 
 Sec. 4. The board shall be in continuous session 
 and open for the transaction of business during all the 
 business hours of each and every day, excepting Sun- 
 days and legal holidays. All sessions shall be open to 
 the public, and shall stand and be adjourned without 
 further notice thereof on its records. All proceedings 
 of the board shall be shown on its record of proceedings, 
 which shall be a public record, and shall contain a record 
 of each case considered, and the award made with re- 
 spect thereto, and all voting shall be had by the calling
 
 4 1 / OHIO ACT. iji 
 
 of each member's name by the secretary and each vote 
 shall be recorded as cast. 
 
 Note by the board. See note to Section 6. 
 
 Sec. 5. A majority of the board shall constitute a 
 quorum for the transaction of business, and a vacancy 
 shall not impair the right of the remaining members to 
 exercise all the powers of the full board so long as a 
 majority remains. Any investigations, inquiry or hear- 
 ing which the board is authorized to hold, or undertake, 
 may be held or undertaken by or before any one member 
 of the board. All investigations, inquiries, hearings and 
 decisions of the board, and every order made by a mem- 
 ber thereof, when approved and confirmed by a majority 
 of the members, and so shown on its record of proceed- 
 ings, shall be deemed to be the order of the board. 
 
 Note by the board. See note to Section 6. 
 
 Sec. 6. The board shall keep and maintain its office 
 in the city of Columbus, and shall provide a suitable 
 room or rooms, necessary office furniture, supplies, 
 books, periodicals and maps. All necessary expenses 
 shall be audited and paid out of the State treasury. The 
 board may hold sessions at any place within the State. 
 
 Note by the board. The Board is maintaining offices on the 
 sixth floor of the Hartman Building, corner of State and Third 
 Streets, Columbus, Ohio. 
 
 Daily sessions of the Board are held, and all sessions are open 
 to the public. The proceedings of the Board are recorded in its 
 minutes, and in addition, a separate system of records is main- 
 tained in the claims department, which department is In charge of 
 the Chief Clerk. 
 
 Sec. 7. The board may employ a secretary, actuary, ' 
 accountants, inspectors, examiners, experts, clerks, 
 stenographers and other assistants, and fix their com- 
 pensation. Such employments and compensations shail 
 be first approved by the governor, and shall be paid out 
 of the State treasury. The members of the board, ac- 
 
 27 BOYD W C
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 418 
 
 tuaries, accountants, inspectors, examiners, experts, 
 clerks, stenographers and other assistants that may be 
 employed shall be entitled to receive from the State 
 treasury their actual and necessary expenses while 
 traveling in the business of the board. Such expenses 
 shall be itemized and sworn to by the person who in- 
 curred the expense, and allowed by the board. 
 
 Note by the board. The law requires the State to pay the 
 entire cost of administration of the state insurance fund, leaving 
 the whole amount paid into such fund by the employers and 
 employes to be devoted to the payment of awards for injuries. 
 
 For convenience and the proper systemization of the work of 
 the Board, the following departments have been established: 
 
 An Auditing Department, which has charge of all accounts; 
 and Actuarial Department, which has charge of classifications and 
 rate making under general rules adopted by the Board; a Clerical 
 Department, with which all claims for compensation are first filed 
 and records of claims kept; an Inspection Department, the duties 
 of which will be to make investigations of injuries, both before and 
 after the awards of compensation, the jurisdiction of the Board 
 being a continuing one; and, a Medical Department, consisting of 
 a Chief Medical Examiner, who devotes his entire time to the Board, 
 and such local medical examiners as it will be found necessary to 
 appoint. The duty of the Chief Medical Examiner will be to 
 examine all physician's certificates filed in the claim department 
 and to require examinations to be made by local medical examin- 
 ers in all cases in which it may seem advisable. 
 
 Sec. 8. The board shall adopt reasonable and pro- 
 per rules to govern its procedure, regulate and provide 
 for the kind and character of notices, and the services 
 thereof, in cases of accidents and injury to employes, the 
 nature and extent of the proofs and evidence and the 
 method of taking and furnishing the same, to establish 
 the right to benefits of compensation from the State in- 
 surance fund, hereinafter provided for, the forms of ap- 
 plication of those claiming to be entitled to benefits or 
 compensation therefrom, the method of making investi- 
 gations, physical examinations and inspections, and pre- 
 scribe the time within which adjudications and awards 
 shall be made.
 
 4 J 9 OHIO ACT. 171 
 
 Sec. 9. Every employer shall furnish the board, 
 upon request, all information required by it to carry out 
 the purposes of this act. The board or any member 
 thereof or any person employed by the board for that 
 purpose, shall have the right to examine under oath any 
 employer or officer, agent or employe thereof. 
 
 Note by the board. See note to Section 12. 
 
 Sec. 10. Every employer receiving from the board 
 any blank with directions to fill the same, shall cause 
 the same to be properly filled out as to answer fully and 
 correctly all questions therein propounded, and if unable 
 to do so shall give good and sufficient reasons for such 
 failure. Answers to such questions shall be verified 
 under oath and returned to the board within the period 
 fixed by the board for such return. 
 
 Note by the board. See note to Section 12. 
 
 Sec. 11. Each member of the board, the secretary 
 and every inspector or examiner appointed by the board 
 shall, for the purposes contemplated by this act, have 
 power to administer oaths, certify to official acts, take 
 depositions, issue subpoenas, compel the attendance of 
 witnesses and the production of books, accounts, papers, 
 records, documents and testimony. 
 
 Sec. 12. In case of disobedience of any person to 
 comply with the order of the board, or subpoena issued 
 by it or one of its inspectors, or examiners, or on the 
 refusal of a witness to testify to any matter regarding 
 which he may be lawfully interrogated, or refuse to per- 
 mit an inspection as aforesaid, the probate judge of the 
 county in which the person resides, on application of 
 any member of the board, or any inspector or examiner 
 appointed by it, shall compel obedience by attachment 
 proceedings as for contempt, as in the case of disobe- 
 dience of the requirements of subpoenas issued from 
 such court on a refusal to testify therein. 
 
 Note by the board. Sections 9, 10 and 12 are construed to
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 420 
 
 apply to all employers coming within the purview of the act, 
 whether subscribers to the State Insurance Fund or not. However, 
 It is not the intention of the Board to exercise the powers conferred 
 on it by these sections except in extreme cases. It is earnestly 
 desired that the provisions of these sections be strictly observed by 
 employers, as such observance will be of great assistance to the 
 Board in its work. 
 
 Sec. 13. Each officer who serves such subpoenas 
 shall receive the same fees as a sheriff, and each witness 
 who appears, in obedience to a subpoena, before the 
 board or an inspector or examiner, shall receive for his 
 attendance the fees and mileage provided for witnesses 
 in civil cases in courts of common pleas, which shall be 
 audited and paid from the State treasury in the same 
 manner as other expenses are audited and paid, upon 
 the presentation of proper vouchers approved by any 
 two members of the board. No witness subpoenaed at 
 the instance of a party other than the board or an in- 
 spector shall be entitled to compensation from the State 
 treasury unless the board shall certify that his testimony 
 was material to the matter investigated. 
 
 Sec. 14. In an investigation, the board may cause 
 depositions of witnesses residing within or without the 
 State to be taken in the manner prescribed by the law 
 for like depositions in civil actions in the court of com- 
 mon pleas. 
 
 Sec. 15. A transcribed copy of the evidence and 
 proceedings, or any specific part thereof, or any investi- 
 gation, by a stenographer appointed by the board, being 
 certified by such stenographer to be a true and correct 
 transcript of the testimony on the investigation, or of a 
 particular witness, or of a specific part thereof, carefully 
 compared by him with his original notes, and to be a 
 correct statement of the evidence and proceedings had 
 on such investigation so purporting to be taken and sub- 
 scribed, may be received in evidence by the board with 
 the same effect as if such stenographer were present and 
 testified to the facts so certified. A copy of such tran-
 
 4 21 OHIO ACT. 171 
 
 script shall be furnished on demand to any party upon 
 the payment of the fee therefor, as provided for tran- 
 script in courts of common pleas. 
 
 Sec. 16. The board shall prepare and furnish blank 
 forms, and provide in its rules for their distribution so 
 that the same may be readily available, of application for 
 benefits or compensation from the State insurance fund, 
 notices to employers, proofs of injury or death, of medi- 
 cal attendance, of employment and wage earnings, and 
 such other blanks as may be deemed proper and advisa- 
 ble, and it shall be the duty of insured employers to con- 
 stantly keep on hand sufficient supply of such blanks. 
 
 Note by the board. All blanks and forms prescribed by law or 
 necessary in the judgment of the board for the administration of 
 the law have been prepared and will be furnished free of cost to 
 all employers and employes electing to operate under the law. 
 
 Sec. 17. The State liability board of awards shall 
 classify employments with respect to their degree of 
 hazard, and determine the risks of the different classes 
 and fix the rates of premium of the risks of the same, 
 based upon the total pay roll and number of employes 
 in each of said classes of employment, sufficiently large 
 to provide an adequate fund for the compensations pro- 
 vided for in this act, and to create a surplus sufficiently 
 large to guarantee a State insurance fund from year to 
 year. 
 
 Note by the board. The duty enjoined upon the Board by the 
 foregoing section is one of the most important contained in the 
 law, for the object would seem to be to require the Board to so 
 classify employments and construct its rates as to create a fund 
 sufficiently large during a given period to provide compensation for 
 all injuries and deaths occurring in that period, although payments 
 from the fund may continue over a period of six years. After giving 
 much consideration to the subject, the Board, on February 29th, 
 1912, adopted a resolution prescribing a general rule of classifica- 
 tion, in pursuance of which rates have been fixed for each class. 
 Every establishment or plant in the state will fall automatically 
 into one of the classes established under this rule. The resolution 
 is as follows:
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 422 
 
 "Be it Resolved, that in accordance with the provisions of 
 Section 17 of the act entitled, 'An Act to create a state insurance 
 fund for the benefit of injured, and the dependents of killed em- 
 ploye's, and to provide for the administration of such fund by a 
 state liability board of awards,' (102 O. L., 524), that all employ- 
 ments are hereby classified with respect to their degree of hazard 
 and the risks of the same; and that rates of premium of the risks 
 of the same, based upon the total pay roll and number of employes 
 in each of said classes of employment, for each six months period 
 be fixed in accordance with the following tables, each of said em- 
 ployments being divided into five classes on the following basis, 
 viz.: 
 
 Class 1. Employments having 10 or less accidents per $100,- 
 000.00 of pay roll, and having no neath nor permanent disability. 
 
 Class 2. Employments having over 10 and not more than 40 
 accidents per $100,000.00 of pay roll, and having no death nor perma- 
 nent total disability. 
 
 Class 3. Employments having over 40 and not more than 100 
 accidents per $100,000.00 of pay roll, and having no death nor perma- 
 nent total disability. 
 
 Class 4. Employments having more than 100 and not over 200 
 accidents per $100,000.00 of pay roll, including one death or perma- 
 nent total disability. 
 
 Class 5. Employments having more than 200 accidents per 
 $100,000.00 of pay roll, or more than one death or permanent total 
 disability. 
 
 To each of said classes add 3.4% of the total pay roll for each 
 additional death or permanent total disability per each $100,000.00 
 of pay roll; said classification and rates to be effective until further 
 action of the Board. 
 
 Accidents referred to above are the same as injuries required 
 by law to be reported to the State Departments." 
 
 Under the plan of classification and rating established by this 
 resolution, employers in any line of industry have it in their power 
 by so conducting their business as to eleminate accidents, to grad- 
 ually reduce not only their own individual rates, but the rates 
 applicable to the class to which they belong, thus providing for 
 themselves and their employe's protection at less cost and fulfilling 
 one of the purposes of such legislation, viz., reducing accidents to 
 a minimum. 
 
 The author's construction. The intent of this section is to group 
 or classify employments into classes "with respect to their degree of 
 hazard, and determine the risks of the different classes and fix the 
 rates of premiums of the same," and it is the opinion of the author 
 that the language quoted means that all employers engaged in 
 the same business (brewing for example) should pay the same rate
 
 4 2 3 OHIO ACT. I/I 
 
 of premium on the payroll. Under the Washington act the employ- 
 ments are grouped into different classes according to their individual 
 hazard and a uniform rate is imposed. This classification in intent 
 responds to the intent with which the author drafted said section 17. 
 This section is an exact copy of paragraph (b), 30, page LXXV, 
 part I, Report of the Employers' Liability Commission of Ohio. 
 
 In Ohio all employers who are engaged in the brewing business 
 should pay the same rate. Under the construction placed upon this 
 section by the State Liability Board of Awards five different rates 
 might be made to the brewers of Ohio, depending upon individual 
 experience of the employer. This board has in fact not classified 
 employment at all but has classified employers into five classes 
 according to each employer's individual experience. 
 
 The economic basis, in one important particular, and there are 
 many others, for putting all employers who conduct the same kind 
 of business or employment and all employments which carry the 
 same hazard in the same group as to hazard and rate of premium, is, 
 that there is an association of brewers, for example, and a union of 
 brewery workers and that improvements in the manufacture of beer, 
 prevention of accidents, improvements in the welfare of the employe's, 
 are best worked out through the association of the brewers and the 
 union of workmen. 
 
 Sec. 18. The state liability board of awards shall 
 establish a State insurance fund from premiums paid 
 thereto by employers and employes as herein provided, 
 according to the rates of risk in the classes established 
 by it, as herein provided, for the benefit of employes of 
 employers that have paid the premium applicable to the 
 classes to which they belong and for the benefit of the 
 dependents of such employes, and shall adopt rules and 
 regulations with respect to the collection, maintenance 
 and disbursement of said fund. 
 
 Note by the board. In pursuance of authority conferred by the 
 above section, the following plan has been adopted for the collec- 
 tion of premiums : 
 
 Employers desiring to ascertain the cost of insurance are re- 
 quired to file with the Board an application on a form furnished 
 by the Board, which application, among other things, sets forth the 
 nature of the business conducted, Its location, the number of work- 
 men or operatives employed, the kinds of employment, and the 
 estimated pay roll for the ensuing six months. This application is 
 sworn to by the applicant, or if a corporation, by one of its officers. 
 The application is examined by the Auditing Department, and if 
 found to be in correct form, is transferred to the Actuarial Depart- 
 ment, where the business of the applicant is properly classified and
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 424 
 
 given the rate to which such class is entitled by application of the 
 rule outlined in the resolution referred to in the note to Section 
 17. The applicant is then advised by mail as to the classification of 
 his employment and the rate per $100 of pay roll. The applicant 
 then determines whether he desires to elect to operate under the 
 law. If so, he requests the Auditing Department to forward him a 
 "Pay-In-Order," which is the authority for the Treasurer of State 
 to accept the premium. The applicant then forwards the Pay-in- 
 Order, with the amount of money called for by the same, directly 
 to the Treasurer of State, who receives the same, mails a receipt 
 to the applicant, and notifies our Auditing Department. The Audit- 
 ing Department then forwards to the applicant a certificate, certify- 
 ing under seal of the Board the fact that the premium has been paid 
 into the state Treasury, and that the applicant will be protected by 
 the law for the period of six months from and after the first week 
 day following the receipt of the premium by the State Treasurer. 
 At the same time the applicant is forwarded proper notices to post 
 about his factory or plant, or premises where his work is carried 
 on, and also forms of notice to be used by his injured employes 
 who expect to file their claims for compensation with the Board. 
 
 The method of passing on claims and making awards is out- 
 lined in the rules adopted by the Board, as contained in the Appen- 
 dix. Disbursement of the fund will be made upon orders signed by 
 at least two members of the State Liability Board of Awards, 
 directed to the Treasurer of the State of Ohio, and payable to the 
 injured person, or in the event of his death, to his dependents (See 
 Section 19.) 
 
 Sec. 19. The treasurer of State shall be the custo- 
 dian of the State insurance fund, and all disbursement 
 therefrom shall be paid by him, but upon vouchers 
 signed by any two members of the State liability board 
 of awards. 
 
 Note by the board. No specific provision is made in this sec- 
 tion for the investment of the State Insurance Fund, or placing the 
 same at interest, as is required to be done with state funds, but 
 State Treasurer Creamer has followed the direction of the law 
 respecting the deposit of state funds, and now has the State Insur- 
 ance Fund deposited in various banking institutions, and the same 
 is drawing interest on monthly balances in the same manner as the 
 funds of the state. 
 
 Sec. 20. The treasurer of state shall give a separate 
 and additional bond, in such amount as may be fixed by 
 the governor,, and with sureties to his approval, condi- 
 tioned for the faithful performance of his duties as custo- 
 dian of the state insurance fund herein provided for.
 
 4 2 5 OHIO ACT. 171 
 
 Section 20-1. Any employer who employs five or 
 more workmen or operatives regularly in the same busi- 
 ness, or in or about the same establishment who shall 
 pay into the state insurance fund the premiums pro- 
 vided by this act, shall not be liable to respond in dam- 
 ages at common law or by statute, save as hereinafter 
 provided, for injuries or death of any such employe, 
 wherever occurring, during the period covered by such 
 premiums, provided the injured employe has remained 
 in his service with notice that his employer has paid 
 into the state insurance fund the premiums provided by 
 this act; the continuation in the service of such em- 
 ployer with such notice, shall be deemed a waiver by 
 the employe of his right of action as aforesaid. 
 
 Each employer paying the premiums provided by 
 this act into the state insurance fund shall post in con- 
 spicuous places, about his place or places of business, 
 typewritten or printed notices stating the fact that he 
 has made such payment; and the same, when so posted, 
 shall constitute sufficient notice to his employes of the 
 fact that he has made such payment; and of any subse- 
 quent payments he may make after such notices have 
 been posted. 
 
 Note by the board. (A) This section and succeeding sections 
 (See Sections 20-2, 21-1 and 21-2) have the effect of dividing em- 
 ployers into two general classes, viz.: 
 
 1. Those who employ less than five workmen or operatives 
 regularly in the same business. 
 
 2. Those who employ more than five workmen or operatives 
 regularly in the same business. 
 
 In other words, this act operates only on those employers 
 employing five or more workmen or operatives, and those who 
 employ a less number are subject to the liability law in force at the 
 time of the going into effect of this act. 
 
 Under this act the employers of the second class above enum- 
 erated may, by choice or by willful act or negligence, co.me within 
 any one of three classes: 
 
 1. Employers who employ five or more workmen or operatives 
 regularly in the same business who pay into the state insurance 
 fund the premiums prescribed by the State Liability Board of 
 Awards and who observe the provisions of municipal and state laws
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 426 
 
 relative to the protection of the life or safety of employe's, and who 
 do not willfully injure any employe or employes. Such employers 
 are not liable to respond in damages by civil action for any injury 
 occurring to any employs in the course of his employment, but the 
 employ^ must resort wholly to the state insurance fund. 
 
 2. Employers who employ five or more employes or operatives 
 regularly in the same business, who do not elect to pay the premi- 
 ums provided for under this act. The employed of such employers, 
 in case of injury, have no claim upon the state insurance fund, 
 their only recourse being a civil action for damages brought in a 
 court of proper jurisdiction. In such actions, the employers are not 
 permitted to avail themselves of the common law defenses enumer- 
 ated in this act. 
 
 3. Employers who employ more than five workmen or opera- 
 tives regularly in the same business and who pay into the state 
 insurance fund the premiums fixed by the State Liability Board of 
 Awards, but who willfully inflict injury upon their employe's or who 
 disregard municipal or state regulations for the safety of their 
 employes. The employes of such employers, in case of injury, 
 have the option of either maintaining a civil action for damages, or 
 filing a claim with the State Liability Board of Awards for an award 
 from the state insurance fund. Having once exercised their option, 
 however, their decision is final, and they must abide by the result. 
 (See Sections 21-1 and 21-2.) 
 
 (B) The words "workmen or operatives" are construed to 
 include all employes employed in the same business, or in or about 
 the same establishment, to whom compensation of any nature is 
 paid, excepting the officers of a corporation, as such, and persons 
 wholly engaged as traveling salesmen. (Opinion of Attorney-Gen- 
 eral Hogan, April , 1912). The only part of the total pay roll to 
 be excluded in the calculation of the premium is the compensation 
 paid to the officers of a corporation, as such, and traveling salesmen. 
 All others are included. Of course, if an officer of a corporation is 
 also employed as a workman or operative in any capacity in the 
 business, other than traveling salesman, his pay roll, as such work- 
 man or operative, should be included also. 
 
 (C) A liberal construction is given the word "regularly," as 
 used in the above section. It is not construed to mean continuously. 
 If an employer employs five or more workmen or operatives in the 
 business which he is conducting during such portions of the year as 
 conditions permit of the carrying on of the business in which he is 
 engaged, he and his employe's are subject to the provisions of the 
 law. (Opinion of Attorney General of March 9th, 1912.) 
 
 (D) The words "wherever occurring," as used in the above 
 section, and "wheresoever such injury has occurred," as used in 
 Section 21, should be construed together and considered in connec-
 
 OHIO ACT. 17! 
 
 tion with the expression "employes in this state," as used in Section 
 20-2, so that the employe" of an Ohio employer whose contract of 
 employment was made in Ohio is entitled to participate in the 
 State Insurance Fund to which his employer has contributed, in the 
 event of his injury in the course of his employment anywhere within 
 or without the territorial limits of Ohio; and the employer is 
 equally protected from action at law by his injured employe wheth- 
 er the injury occurred within or without the territorial limits of 
 Ohio. (Opinion of Attorney-General Hogan, January 4, 1912.) 
 
 (E) The method to be followed by the employer in making his 
 election to pay the premiums provided by this act Into the State 
 Insurance Fund has been outlined elsewhere. (See note to Section 
 18.) 
 
 (F) The election of the employe" is made by his remaining in 
 the service of his employer with notice that his employer has paid 
 into the State Insurance Fund the premiums provided by law, and 
 his continuation in the service of his employer after such notice 
 deprives him of the right to maintain an action in court, except in 
 the special cases defined in Section 21-2. The posting of the notices 
 prescribed in this section by the employer shall constitute sufficient 
 notice to the employe of the fact that such payment has been made, 
 and the continuance of the employe" in the service thereafter, in 
 effect constitutes an implied contract between employer and em- 
 ploye to the effect that the employe" will resort to the State Insur- 
 ance Fund only for compensation in case of injury. (Opinion of 
 Attorney-General Hogan, April 4, 1912.) 
 
 (G) There is no distinction between "minors" and "adults" in 
 the manner of election. All employe's elect in the same manner 
 regardless of whether they are minors or adults, and minors are 
 dealt with by the Board in all respects in the same manner as 
 adults. 
 
 Sec. 20-2. For the purpose of creating such state 
 insurance fund, each employer who employs five or 
 more workmen or operatives regularly in the same busi- 
 ness, or in or about the same establishment, and his em- 
 ployes in this state, having elected to accept the provi- 
 sions of this act, shall pay, on or before January 1, 1912, 
 and semi-annually thereafter, the premiums of liability 
 risk in the classes of employment as may be determined 
 and published by the state liability board of awards. The 
 said employers for themselves and their employes shall 
 make such payments to the state treasurer of Ohio, who 
 shall receive and place the same to the credit of such
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 428 
 
 state insurance fund. The premiums provided for in 
 this act shall be paid by the employer and employes in 
 the following proportions, to-wit: Ninety per cent, of 
 the premium shall be paid by the employer and ten per 
 cent, by the employes. Each employer is authorized to 
 deduct from the pay roll of his employes ten per cent, of 
 the said premiums for any premium period in proportion 
 to the pay roll of such employes; no deduction shall be 
 made except for that portion of the premium period 
 antedating such pay roll. Each employer shall give a 
 receipt to each employe showing the amount which has 
 been deducted and paid into the state insurance fund. 
 
 Note by the board. (A) The plan devised by this law contem- 
 plates that the employer will have paid into the State Insurance 
 Fund on or before January 1, 1912, the amount prescribed by the 
 Board, and thereafter, within the period of time covered by such 
 payment, all accidents occurring to employes of such employers as 
 have contributed to such fund, except as provided by Section 21-2, 
 shall be compensated out of such fund exclusively. The amount 
 paid by each employer will be determined by the classification of 
 the industry in which he is engaged, the number of men employed, 
 the estimated pay roll for the succeeding six months and the rate 
 fixed by the Board for such particular class; and the employer is 
 then given the right to deduct from the wages of his employes such 
 weekly or monthly amounts as in the six months period will 
 aggregate 10% of the amount so paid by the employer into the State 
 Insurance Fund. Receipts and forms will be furnished employers 
 by the Board. 
 
 (B) The date, January 1, 1912, fixed in the foregoing section 
 as the time for the going into effect of the act, is directory and not 
 mandatory. Therefore, the act did not go into full operation until 
 the rates of insurance were "determined and published" by the 
 Board, which was done on February 29th, 1912. (See note to Section 
 17.) As no employer could have availed himself of the provisions 
 of the law until March 1, 1912, it is clear that he could not be 
 deprived of the common-law defenses in any action brought by an 
 employ6 for an injury occurring at any time prior to that date. 
 (Opinion of Attorney-General Hogan, January 8, 1912.) 
 
 (C) This section provides that the employer who has elected 
 to accept the provisions of this act shall pay the premiums of 
 liability risk in the classes of employment as may be "determined 
 and published" by the State Liability Board of Awards. The 
 method of publication is not prescribed by the law. In an opinion
 
 4 2 9 OHIO ACT. 171 
 
 rendered to the Board by Attorney-General Hogan on March 6th, 
 1912, it is held that it is not necessary to make such publication in 
 a newspaper, and that sufficient publication has* been made if it is 
 made known through the press that the Board has established its 
 rates, and that the same may be had upon application. The 
 Attorney-General, in his opinion, also suggests that it would be a 
 proper means of publication to have the classifications and rates 
 published in a rate book for distribution, and this is now being 
 done. 
 
 (D) Frequent inquiry is made of the Board as to whether the 
 employer is required by law to collect from his employe's ten per 
 cent, of the premium paid by him into the State Insurance Fund. 
 The employer is given the right to collect the ten per cent, from his 
 employe's, but may waive that right if he so desires, as the collec- 
 tion of the ten per cent, is no part of the election of the employs to 
 accept the provisions of the act. The employe's election is made 
 irrevocably when he continues in his employment after the posting 
 of the notices required in Section 20-1. 
 
 (E) The words "employe's in this state," as used in this sec- 
 tion, should be construed to mean employe's whose contracts of 
 service are made in this state. If the contract of service is made 
 in Ohio, it matters not where the injury has occurred, providing it 
 was sustained in the course of employment. (See Section 20-1, 
 Note (D).) 
 
 (F) The inquiry is frequently made as to how an employer 
 who once elects to become a subscriber to the State Insurance Fund 
 shall proceed in the event he desires to no longer contribute. The 
 first contribution made to the fund protects the employer and pro- 
 vides compensation for his employes for the period of six months 
 from the day following the date of the contribution. Protection 
 ceases at the end of the six-months period, and unless the employer 
 continues to make his payments, he is automatically dropped. In 
 other words, the employer goes out of the protection of the law by 
 simply failing to make his payments. 
 
 (G) The Board is frequently asked whether a principal who 
 sub-lets work to an independent contractor should subscribe to the 
 fund in order to be protected from injuries occurring to the em- 
 ploye's of the independent contractor. The subject of "independent 
 contractor" is in itself a branch of the law which could be made the 
 subject of an extensive treatise, and we shall content ourselves by 
 stating that the Workmen's Compensation Law has in no wise 
 changed the law as to independent contractors. In other words, if 
 the principal would, under the general law governing this subject, 
 be liable for injuries resulting to the employes of independent con- 
 tractors, it would be necessary for him to subscribe to the State 
 Insurance Fund in order to be protected; otherwise, not. A clear
 
 1 7i WORKMEN'S COMPENSATION AND INSURANCE. 430 
 
 case of the non-liability of the principal would be where the em- 
 ployer employs workmen who do what is generally known as "piece 
 work," the employes working in shops or rooms which they provide 
 for themselves, or at their homes, and not under the supervision or 
 control in any way of the employer. Neither such employes who 
 contract directly with the principal to do such piece work, nor any 
 persons they might employ to assist them would come under the 
 terms of the act, and neither would have a claim on the principal 
 in case of injury. (Opinion of Attorney-General Hogan, March 8, 
 1912.) A different rule would apply, however, in cases where the 
 principal furnishes the place to work, the machinery and tools with 
 which to work and the materials from which the finished product is 
 made, and retains a general supervision over the conduct of the 
 workmen. In such instance, we believe that the principal owes a 
 duty to furnish a safe place in which to work, safe machinery, etc., 
 and that he would be liable for any injury occurring to the em- 
 ployes of the independent contractor occasioned by negligence of 
 the principal or any of his officers, agents or employes, either in 
 furnishing a safe place in which to work or in furnishing proper 
 machinery, tools, etc., and so in order to be protected should be a 
 subscriber to the fund. 
 
 (H) The manner of the election of the employs has already 
 been described. (See note (F) under Section 20-1.) 
 
 (I) The ten per cent, which the employer is authorized by 
 this section to collect from his employes is not ten per cent, of the 
 employes' wages, but ten per cent, of the amount of the premium 
 paid by the employer. This seems to be so clear as to require no 
 explanation, but we find many persons have the erroneous opinion 
 that it is ten per cent, of the employe's wages that the employer is 
 entitled to retain. To illustrate, if the rate of premium charged the 
 employer is $1.00 per $100.00 of wages paid, the employer would 
 have the right to collect from his employes 10 cents for each $1.00 
 of premium paid, i. e., 10 cents for each $100.00 of wages paid the 
 employes which would be one-tenth of one per cent, of the employes' 
 wages, or for an employe earning $10.00 per week, the amount to be 
 deducted from his wages would be just one cent per week. 
 
 Sec. 21. The state liability board of awards shall 
 disburse the state insurance fund to such employes of 
 employers as have paid into said fund the premiums ap- 
 plicable to the classes to which they belong, that have 
 been injured in the course of their employment, where- 
 soever such injury has occurred, and which have not 
 been purposely self-inflicted, or to their dependents in 
 case death has ensued.
 
 43 1 OHIO ACT. 17! 
 
 Note by the board. By the provisions of this section, the State 
 Liability Board of Awards is required to compensate Injured em- 
 ploye's for all injuries received by them in the course of their em- 
 ployment and wheresoever such injuries have occurred, or their 
 dependents in case death has ensued, excepting such injuries as 
 may have been purposely self-inflicted. The question of negligence, 
 or whether the injury was occasioned by the fault of the employer, 
 or any of his foremen or by any fellow employe 1 , or as the result of 
 defective machinery, etc., will not be considered by the Board. It is 
 simply required to determine whether in fact any injury was sus- 
 tained, and if so, whether it was incurred in the course of employ- 
 ment. 
 
 Sec. 21-1. All employers who employ five or more 
 workmen or operatives regularly in the same business, 
 or in or about the same establishment, who shall not pay 
 into the state insurance fund the premiums provided by 
 this act, shall be liable to their employes for damages 
 suffered by reason of personal injuries sustained in the 
 course of employment caused by the wrongful act, ne- 
 glect or default of the employer, or any of the employ- 
 er's officers, agents or employes, and also to the personal 
 representatives of such employes where death results 
 from such injuries and in such action the defendant shall 
 not avail himself or itself of the following common-law 
 defenses: 
 
 The defense of the fellow-servant rule, the defense of 
 the assumption of risk, or the defense of contributory 
 negligence. 
 
 Note by the board. See note to Section 20-1. 
 
 Under this section, employers who do not contribute to the 
 State Insurance Fund are deprived of the common-law defenses, 
 and are liable to respond in damages for death or injury caused by 
 the wrongful act, neglect or default of the employer; or any of the 
 employer's "officers, agents or employes." The words "wrongful 
 act, neglect or default," as used in this section, include all degrees 
 of negligence, including what is sometimes referred to as "wilful 
 negligence," but the term "wrongful act" is not used in the same 
 sense as the term "wilful act" in Section 21-2. (Opinion of Attor- 
 ney-General Hogan, April 4, 1912.) The only defense available to 
 the employer under this section, where the question of injury itself
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 432 
 
 Is undisputed, Is that the injury was occasioned solely by the negli- 
 gence of the injured employe. 
 
 Sec. 21-2. But where a personal injury is suffered 
 by an employe, or when death results to an employe 
 from personal injuries while in the employ of an em- 
 ployer in the course of employment, and such employer 
 has paid into the state insurance fund the premium pro- 
 vided for in this act, and in case such injury has arisen 
 from the wilful act of such employer or any of such em- 
 ployer's officers or agents or from the failure of such 
 employer, or any of such employer's officers or agents, 
 to comply with any municipal ordinance or lawful order 
 of any duly authorized officer, or any statute for the pro- 
 tection of the life or safety of employes, then in such 
 event, nothing in this act contained shall affect the civil 
 liability of such employer, but such injured employe, or 
 his legal representative in case death results from the 
 injury, may, at his option, either claim compensation 
 under this act or institute proceedings in the courts for 
 his damage on account of such injury, and such employer 
 shall not be liable for any injury to any employe, or to 
 his legal representative in case death results, except as 
 provided in this act. 
 
 Every employe, or legal representative in case death 
 results, who makes application for an award from the 
 state liability board of awards, waives his right to 
 exercise his option to institute proceedings in any court. 
 Every employe, or his legal representative in case death 
 results, who exercises his option to institute proceedings 
 in court as provided in section 21-2, waives his right to 
 any award; except as provided in section 36 of this act. 
 
 Note by the board. See notes to Sections 20-1, 20-2 and 21-1. 
 
 (A) The term "wilful act," as employed in the above section, 
 is not synonymous with the expression "wilful neglect," or "wilful 
 negligence," nor is it used in the same sense as the expression 
 "wrongful act," as used in Section 21-1. The term "wilful act" 
 must necessarily mean something intentionally done, not something 
 omitted to be done, and therefore, has reference to an act deliber-
 
 433 OHIO ACT. 171 
 
 ately and intentionally done, which is a direct and proximate cause 
 of injury to the employe. (Opinion of Attorney-General Hogan, 
 April 4, 1912.) 
 
 (B) This section designates certain injuries which constitute 
 an exception to the provision of Section 20-1, to the effect that the 
 employer who has paid into the State Insurance Fund the premiums 
 of insurance fixed by the Board shall not be liable to respond to 
 damages at common-law or by statute for injuries or death of any 
 of his employe's. There were two reasons for including the provi- 
 sions of this section in the act. The first was that every person is 
 given the right by the constitution of the State of Ohio to enter the 
 courts and maintain a civil action against any other person who has 
 done him an injury in his lands, goods, person or reputation. There- 
 fore, an employ^ injured by the wilful act of his employer, or his 
 employer's officer or agent, could not be deprived of his right to sue 
 by an act of the legislature, and the whole law would have probably 
 been rendered unconstitutional had not the provisions of this 
 section, with reference to the "wilful act," been inserted. 
 
 The other reason was one founded upon public policy. The 
 state having passed many statutes requiring the safeguarding of 
 machinery, etc., for the protection of the life and safety of employes, 
 it would be an unwise policy for the state to enact any law by 
 which it would either itself absolutely insure employers against the 
 consequences of the violation of such laws, or permit any one else 
 to effect such insurance. However, by giving the injured employe 
 the option of resorting to the State Insurance Fund in the class of 
 injuries mentioned in Section 21-2, thus giving to the injured 
 employe, or the dependents of a killed employe, an opportunity to 
 obtain compensation, very soon after the injury, and without trouble 
 or expense, the state has gone a long way toward covering all of 
 such injuries by its plan of state insurance. As a matter of fact, it 
 is expected that practically all injured employes, who would under 
 this section have the option of suing in court, will resort to the 
 State Insurance Fund instead, so that the state plan of insurance is 
 much more complete than any plan of insurance which can be 
 lawfully written by the insurance companies. 
 
 (C) Special attention is called to the last paragraph of the 
 above section. While the provisions of this paragraph seem to be 
 clear and should require no explanation, an impression has been, 
 created in the minds of many persons, to the effect that the injured 
 employ^ may file his claim with the State Liability Board of Awards, 
 and if dissatisfied with the award, may refuse to accept same, and 
 then enter suit in court against his employer. This impression la 
 entirely erroneous, as it is clearly provided that any employe "who 
 makes application for an award" thereby waives any right he may 
 have had to sue in court, so that the mere filing of the application 
 
 2g BOYD w c
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 434 
 
 is a bar to any proceedings in court. On the other hand, the mere 
 filing of a suit in court against the employer bars the injured 
 employe" from thereafter resorting to the State Insurance Fund for 
 compensation. (See note to Section 36; also reference to opinion 
 of Attorney-General Hogan of April 4, 1912, in prefatory note, under 
 the head of "State Insurance Preferable to So-called Employers' 
 Liability Insurance".) 
 
 (D) The statutes containing provisions for the protection of 
 the life and safety of employe's, and also statutes regulating the 
 employment of minors and females, etc., are printed for free dis- 
 tribution and may be had upon application to Hon. Thomas P. 
 Kearns, Chief Inspector of Workshops and Factories, Columbus, 
 Ohio. 
 
 Sec. 22. (There is no section in the act correspond- 
 ing to this number.) 
 
 Sec. 23. The board shall disburse and pay from the 
 fund for such injury, to such employes, such amounts for 
 medical, nurse and hospital services and medicines, as it 
 may deem proper, not, however, in any case, to exceed 
 the sum of two hundred dollars, in addition to such 
 award to such employe. 
 
 Note by the board. While it is the purpose of the law to pay 
 for all medical, nurse and hospital services and medicines reason- 
 ably required by the injured employe, the only limitation being that 
 this shall not exceed $200.00, the object of the Board will be to con- 
 fine such payments to reasonable and necessary expenditures. This 
 will be done by the Chief Medical Examiner, who has prepared a 
 medical and hospital fee bill containing a schedule of charges which 
 will be considered reasonable by the Board, and in this way, the 
 Board expects to effectually prevent payment of extravagant claims 
 for such services. 
 
 Sec. 24. In case death ensues from the injury rea- 
 sonable funeral expenses, not to exceed one hundred 
 and fifty dollars, shall be paid from the fund, in addition 
 to such award to such employe. 
 
 Sec. 25. No benefit shall be allowed for the first 
 week after the injury is received, except the disburse- 
 ment provided for in the next two preceding sections. 
 
 Note by the board. The injured employe bears the loss occa- 
 sioned by his inability to work for the first week after receiving an
 
 435 OHIO ACT. 171 
 
 injury. The law thus adopts a rule which prevails in all benevolent 
 orders and benefit societies. 
 
 Sec. 26. In case of temporary or partial disability, 
 the employe shall receive sixty-six and two-thirds per 
 cent, of the impairment of his earning capacity during 
 the continuance thereof, not to exceed a maximum of 
 twelve dollars per week, and not less than a minimum 
 of five dollars per week, if the employe's wages were 
 less than five dollars per week, then he shall receive his 
 full wages ; but not to continue for more than six years 
 from the date of the injury, nor to exceed three thou- 
 sand four hundred dollars in amount from that injury. 
 
 Jfote by the board. This section provides compensation for the 
 injuries wholly disabling employes for a temporary period, and also 
 for partial disability for a temporary period, the award to be deter- 
 mined by the impairment of the earning capacity of the employe 1 , and 
 not altogether by the nature of the injury itself. There is no spe- 
 cific provision in the law for injuries permanent in character result- 
 ing in partial disability, such as the loss of an eye or a member. 
 Compensation for such injuries are made under this section. The 
 "average weekly wage" is taken as the basis for awards in all 
 cases of injury. (See Sections 31 and 32 and notes.) 
 
 Sec. 27. In case of permanent total disability the 
 award shall be 662-3% of the average weekly wage, and 
 shall continue until the death of such person so totally 
 disabled, but not to exceed a maximum of twelve dollars 
 per week, and not less than a minimum of five dollar per 
 week ; if the employe's wages were less than five dollars 
 per week, then he shall receive his full wages. 
 
 Note by the board. This section provides for compensation for 
 permanent total disability only. (See Sections 31 and 32 and notes). 
 
 Sec. 28. In case the injury causes death within the 
 period of two years the benefits shall be in the amounts 
 and to the persons following: 
 
 1. If there be no dependents, the disbursements 
 from the insurance fund shall be limited to the expense 
 provided for in sections 23 and 24. 
 
 2. If there are wholly dependent persons at the
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 436 
 
 time of the death, the payment shall be sixty-six and 
 two-thirds per cent, of the average weekly wage and to 
 continue for the remainder of the period between the 
 date of the death and six years after the date of the in- 
 jury, and not to amount to more than a maximum of 
 thirty-four hundred dollars, nor less than a minimum of 
 one thousand five hundred dollars. 
 
 3. If there are partly dependent persons at the time 
 of the death, the payment shall be sixty-six and two- 
 thirds per cent, of the average weekly wage and to con- 
 tinue for all or such portion of the period of six years 
 after the date of the injury as the board in each case 
 may determine, and not to amount to more than a maxi- 
 mum of thirty-four hundred dollars. 
 
 Note by the board. This section provides for awards to be 
 made in case of death by injury. It very wisely makes a distinc- 
 tion between killed employe's, leaving no dependents, and those who 
 leave dependents surviving, and it also makes a distinction between 
 those wholly dependent and those partly dependent upon the 
 deceased employe, and gives the Board a wide discretion in deter- 
 mining as a matter of fact whether there are dependents, and if so, 
 whether they are wholly or partly dependent. 
 
 Sec. 29. The benefits, in case of death, shall be paid 
 to such one or more of the dependents of the decedent, 
 for the benefit of all the dependents, as may be deter- 
 mined by the board, which may apportion the benefits 
 among the dependents in such manner as it may deem 
 just and equitable. Payment to a dependent subsequent 
 in right may be made, if the board deem proper, and 
 shall operate to discharge all other claims therefor. 
 
 Note by the board. This provision will, in many instances, 
 obviate the necessity of the expense attendant upon the appoint- 
 ment of guardians of infants and other persons under legal disabil- 
 ity, and of administrators. 
 
 Sec. 30. The dependent or person to whom benefits 
 are paid shall apply the same to the use of the several 
 beneficiaries thereof according to their respective claims
 
 437 OHI ACT - 171 
 
 upon the decedent for support, in compliance with the 
 finding and direction of the board. 
 
 Sec. 31. The average weekly wage of the injured 
 person at the time of the injury shall be taken as the 
 basis upon which to compute the benefits. 
 
 Note by the board. "My opinion is that Section 31 is a general 
 section providing the basis upon which to compute the benefits 
 payable on account of any injury to an employe, whether death 
 results from such injury or not, and that by 'earning capacity' is 
 meant the 'average weekly wage', except in such cases as are pro- 
 vided for by Section 32 of the act, where the injured employe was 
 of such age and experience that under natural conditions his wages 
 would be expected to increase. Where these conditions exist, then, 
 and then only, is it important for your Board to ascertain what the 
 earning capacity of such employe 1 is." (Opinion of Attorney-Gen- 
 eral Hogan, January 11, 1912.) 
 
 See Sections 26 and 32 and notes. 
 
 Sec. 32. If it is established that the injured employe 
 was of such age and experience when injured as that 
 under natural conditions his wages would be expected 
 to increase, the fact may be considered in arriving at 
 his average weekly wage. 
 
 Note by the board. "The only way by which you can arrive at 
 the 'average weekly wage' referred to in Section 32, would be to 
 ascertain what the weekly wages of the employs were at the time 
 of the injury, his physical condition, the nature of work in which 
 he was employed, his intelligence, his age, and, as there is no 
 definite rule laid down in any of the authorities as to a case of this 
 kind, any other particular fact that in the given instance would 
 assist you in arriving at your conclusion as to the extent to which 
 his wages could reasonably be expected to be increased." (Opinion 
 of Attorney-General Hogan, January 11, 1912.) 
 
 See Sections 26 and 31 and notes. 
 
 Sec. 33. The power and jurisdiction of the board 
 over each case shall be continuing, and it may from time 
 to time make such modification or change with respect 
 to former findings or orders with respect thereto, as, in 
 its opinion, may be justified. 
 
 Note by the board. This is a very wise provision of the Act, as 
 it will enable the Board to guard against the imposition of those
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 438 
 
 who feign injury and will enable the Board to rectify any error of 
 judgment which it may have made in awarding too large or too 
 small a sum to an injured employe. 
 
 Sec. 34. The board, under special circumstances, and 
 when the same is deemed advisable, may commute pe- 
 riodical benefits to one or more lump sum payments. 
 
 Note by the board. The power here given to the Board will, as 
 a matter of policy, be seldom exercised, as in practically all cases, it 
 is better for the beneficiaries to receive the award to which they 
 are entitled in installments at stated intervals, rather than in a 
 lump sum. The reasons for this are obvious. 
 
 Sec. 35. Benefits before payment shall be exempt 
 from all claims of creditors and from any attachment or 
 execution, and shall be paid only to such employes or 
 their dependents. 
 
 Note by the board. The Board will follow strictly the rule 
 established in this section. No orders will be accepted, or assign- 
 ments recognized for any portion of the award made to an injured 
 employe. But payments may be made by the Board directly to the 
 persons rendering the services to injured employes enumerated in 
 Sections 23 and 24. 
 
 Sec. 36. The board shall have full power and au- 
 thority to hear and determine all questions within its 
 jurisdiction, and its decision thereon shall be final. 
 
 Provided, however, in case the final action of such 
 board denies the right of the claimant to participate at 
 all in such fund on the ground that the injury was self- 
 inflicted or on the ground that the accident did not arise 
 in the course of employment, or upon any other ground 
 going to the basis of the claimant's right, then the claim- 
 ant within thirty (30) days after the notice of the final 
 action of such board may, by filing his appeal in the com- 
 mon pleas court of the county wherein the injury was 
 inflicted, be entitled to a trial in the ordinary way, and 
 be entitled to a jury if he demands it. In such a pro- 
 ceeding, the prosecuting attorney of the county, without 
 additional compensation, shall represent the state liabil-
 
 439 OHIO ACT. 171 
 
 ity board of awards, and he shall be notified by the clerk 
 forthwith of the filing of such appeal. 
 
 Within thirty days after filing his appeal, the appel- 
 lant shall file a petition in the ordinary form against 
 such board as defendant and further pleadings shall be 
 had in said cause, according to the rules of civil proce- 
 dure, and the court, or the jury, under the instructions 
 of the court, if a jury is demanded, shall determine the 
 right of the claimant; and, if they determine the right 
 in his favor, shall fix his compensation within the limits 
 and under the rules prescribed in this act ; and any final 
 judgment so obtained shall be paid by the state liability 
 board of awards out of the state insurance fund in the 
 same manner as such awards are paid by such board. 
 
 The costs of such proceeding, including a reasonable 
 attorney's fee to the claimant's attorney to be fixed by 
 the trial judge, shall be taxed against the unsuccessful 
 party. Either party shall have the right to prosecute 
 error as in the ordinary civil cases. 
 
 Note by the board. See Section 21-2 and note (C). 
 
 The action of the Board is final and no appeal lies therefrom 
 where it determines that an injury has been sustained in the course 
 of employment and fixes the amount and duration of the award. It 
 is only in cases where any relief whatever is denied that an appeal 
 is allowed. 
 
 The proceedings to be filed in the Common Pleas Court by the 
 claimant, in the event the State Liability Board of Awards refuses 
 to make him any award, is called an "appeal" in this section, but it 
 is really an original action. As this section fully describes the 
 nature of the action, we deem it unnecessary to discuss the matter 
 at length. It will be noted, however, that the "appeal" provided 
 for in this section is prosecuted in court against the State Liability 
 Board of Awards, and in no event is the employer who contributes 
 to the State Insurance Fund called upon to make any defense or to 
 concern himself in any way as to the proceedings. 
 
 The facts necessary to be found by the Board to authorize an 
 award are as follows: 
 
 1. That the employer of the applicant was a contributor to the 
 State Insurance Fund at the time of the alleged injury. 
 
 2. That the applicant seeking an award was an employe within 
 the meaning of the act at the time of receiving the alleged injury.
 
 171 WORKMEN'S COMPENSATION AND INSURANCE. 440 
 
 3. That an injury was in fact sustained. 
 
 4. That such injury was sustained while in the course of his 
 employment. 
 
 5. That such injury incapacitated him either wholly or par- 
 tially for a longer period of time than one week. 
 
 6. That no suit has been brought or attempted to be brought 
 in any court by the injured employe prior to filing his claim with 
 the State Liability Board of Awards. 
 
 The finding by the Board of the non-existence of any of the 
 facts above enumerated would result in the denial of an award, and 
 in such case an appeal is allowed, as provided in this section. 
 
 Sec. 36-1. Such board shall not be bound by the 
 usual common law or statutory rules of evidence or by 
 any technical or formal rules of procedure, other than 
 as herein provided; but may make the investigation in 
 such manner as in their judgment, is best calculated to 
 ascertain the substantial rights of the parties and to 
 carry out justly the spirit of this act. 
 
 Sec. 37. The board may make necessary expendi- 
 tures to obtain statistical and other information to es- 
 tablish the classes provided for in section 17. The sal- 
 aries and compensation of the secretary, and all actuar- 
 ies, accountants, inspectors, examiners, experts, clerks 
 and other assistants, and all other expenses of the board 
 herein authorized including the premium to be paid by 
 the state treasurer for the bond to be furnished by him, 
 shall be paid out of the state treasury upon vouchers, 
 signed by two of the members of such board, presented 
 to the auditor of the state, who shall issue his warrant 
 therefor as in other cases. 
 
 Sec. 38. No provision of this act relating to the 
 amount of compensation shall be considered by, or 
 called to the attention of the jury on the trial of any 
 action to recover damages as herein provided. 
 
 Sec. 39. Annually on or before the 15th day of 
 November, such board, under the oath of at least two 
 of its members, shall make a report to the governor 
 which shall include a statement of the number of awards 
 made by it, and a general statement of the causes of the
 
 44 1 OHIO ACT. 172 
 
 accidents leading to the injuries for which the awards 
 were made, a detailed statement of the disbursements 
 from the expense fund, and the condition of its respec- 
 tive funds, together with any other matters which such 
 board deems it proper to call to the attention of the gov- 
 ernor, including any recommendations it may have to 
 make. 
 
 Sec. 40. The expense of such board in carrying out 
 the provisions of this act shall be paid until January 1, 
 1912, out of the general revenue of the state not other- 
 wise appropriated. Such expense shall not exceed 
 twenty-five thousand dollars in addition to the salaries 
 of members of such board. 
 
 Sec. 41. The expenses of such board in carrying 
 out the provisions of this act shall be paid from January 
 1st, 1912, to January 1st, 1913, out of the general reve- 
 nue fund of the state not otherwise appropriated. Such 
 expense shall not exceed one hundred thousand dollars 
 in addition to the salary of the members. 
 
 172. The decision of the Supreme Court of Ohio 
 sustaining the law. The Ohio Insurance Fund Act is 
 sustained by the supreme court of that state, as a valid 
 exercise of legislative power and not repugnant to the 
 federal or state constitution in an able opinion by Mr. 
 Justice Johnson, which is concurred in by the entire 
 bench. The opinion is rendered in the case of State ex 
 rel. Yaple v. Creamer, 4 and reads as follows : 
 
 "Johnson, J. : The statute in question provides for the 
 creation of a state liability board of awards, which shall 
 establish a state insurance fund, from premiums paid 
 by employers and employes in the manner provided in 
 the act. It provides a plan of compensation for injuries, 
 not wilfully self-inflicted, resulting from accidents to em- 
 ployes of employers, both of whom have voluntarily con- 
 tributed to the fund in the proportion of 10 and 90 per 
 4 Ohio St. , 97 N. E. 602.
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 442 
 
 cent, respectively. It applies only where the employer 
 has five or more operators regularly in the same busi- 
 ness in or or about the same establishment. An em- 
 ployer who complies with the act is relieved from liabil- 
 ity to respond in damages at common law, or by statute, 
 for injury or death of an employe who has complied with, 
 its provisions, except when the injury arises from the 
 wilful act of himself or officer or agent, or from failure 
 to comply with any law or ordinance providing for pro- 
 tection of life and safety of employes, in which event the 
 employe or his representatives have their election be- 
 tween a suit for damages and a claim under the act. Em- 
 ployers of five or more who do not pay premiums into 
 the fund are deprived in actions against them of the com- 
 mon-law defenses of the fellow-servant rule, the assump- 
 tion of risk, and of contributory negligence. Where the 
 parties are operating under the act, the injured employe 
 and his dependents in case of death are compelled to 
 accept compensation from the insurance fund in the 
 manner provided, except in the cases above set forth. 
 
 "The objections to the validity of the act are stated 
 by different counsel at the bar, and in their briefs, under 
 various heads. All of them are substantially comprised 
 in the following: First. That it is an unwarranted exer- 
 cise of the police power and directs the state to use 
 public funds for private purposes. Second. That sec- 
 tions 20-1 and 21-1 take private property without due 
 process of law in contravention of sections 15, 16, and 
 19, art. 1, of the Constitution of Ohio, and the four- 
 teenth amendment to the Constitution of United States, 
 in that it deprives employers of the defense of assump- 
 tion of risk, and deprives the employe of part of his 
 wages to be paid to the state insurance fund, of the right, 
 to sue for injuries sustained, of recourse to the courts, 
 and of a trial by jury. Third. That it deprives parties 
 of the freedom of contract and impairs the obligations 
 of contracts. Fourth. That it 'makes an unjust and arbi-
 
 443 OHIO ACT. 172 
 
 trary classification and does not affect all who are within 
 its reason. 
 
 Sections 20-1 and 21-1 are as follows, viz. : 
 "Sec. 20-1. Any employer who employs five or 
 more workmen or operatives regularly in the same busi- 
 ness or in or about the same establishment who shall 
 pay into the state insurance fund the premiums provided 
 by this act, shall not be liable to respond in damages at 
 common law or by statute, save as hereinafter provided, 
 for injuries or death of any such employe, wherever oc- 
 curring, during the period covered by such premiums, 
 provided the injured employe has remained in his serv- 
 ice with notice that his employer has paid into the state 
 insurance fund the premiums provided by this act; the 
 continuation in the service of such employer with such 
 notice, shall be deemed a waiver by the employe of his 
 right of action as aforesaid. Each employer paying the 
 premiums provided by this act into the state insurance 
 fund shall post in conspicuous places about his place or 
 places of business typewritten or printed notices stating 
 the fact that he has made such payments; and the same, 
 when so posted, shall constitute sufficient notice to his 
 employes of the fact that he has made such payment; 
 and of any subsequent payments he may make after such 
 notices have been posted. 
 
 "Sec. 21-1. All employers who employ five or more 
 workmen or operatives regularly in the same business, 
 or in or about the same establishment who shall not pay 
 into the state insurance fund the premiums provided by 
 this act, shall be liable to their employes for damages 
 suffered by reason of personal injuries sustained in the 
 course of employment caused by the wrongful act, 
 neglect or default of the employer, or any of the em- 
 ployer's officers, agents, or employes, and also to the 
 personal representatives of such employes where death 
 results from such injuries and in such action the de-
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 444 
 
 fendant shall not avail himself or itself of the following 
 common-law defenses : 
 
 "The defense of the fellow-servant rule, the defense 
 of the assumption of risk, or the defense of contributory 
 negligence." 
 
 "The law was passed after a report referred to in the 
 briefs, of a commission appointed by the governor, in 
 obedience to a statute passed for that purpose. The 
 report was prepared after an exhaustive research into 
 industrial conditions in many countries, and an examina- 
 tion of laws, which have been passed in the effort to 
 improve such conditions. Substantially its conclusions 
 are, that the system which has been followed in this 
 country, of dealing with accidents in industrial pursuits, 
 is wholly unsound, that there is an intelligent and wide- 
 spread public sentiment which calls for its modification 
 and improvement, and that the general welfare requires 
 it. That there has been enormous waste under the pres- 
 ent system, and that the action for personal injuries by 
 employe against employer no longer furnishes a real 
 and practical remedy, annoys and harasses both, and 
 does not meet the economic and social problem which 
 has resulted from modern industrialism. Conceding the 
 desirability of improvement, of legislative and govern- 
 mental action, and the good results in other countries 
 which has no written constitution to limit the legislative 
 power, we in this country have the problem of devising 
 a plan which shall not infringe the fundamental law. 
 
 "It is apparent, from a contemplation of the whole 
 enactment and its scope and purpose, as well as of the 
 participation of the state in its administration, that it 
 must find its validity, if at all, in the police power of the 
 state. 
 
 "There is now (it can be fairly said) general concur- 
 rence in the meaning of the term "police power" and as 
 to its extent. 
 
 Professor Freund in his work says at section 2 :
 
 445 OHI A CT. 172 
 
 "The term 'police power' has never been circum- 
 scribed. It means at the same time a power and func- 
 tion of government, a system of rules and an adminis- 
 trative organization and force." 
 
 "And in section 3, after discussing its nature, and 
 aims, he says: 
 
 "It will reveal the police power not as a fixed quan- 
 tity, but as the expression of social, economic and politi- 
 cal conditions. As long as these conditions vary, the 
 police power must continue to be elastic, i. e., capable of 
 development." 
 
 In State, ex rel Monnett, v. Pipe Line Company, 61 
 Ohio St., 520, as to the constitutionality of the Ohio 
 anti-trust law, it is said : 
 
 "The definite proposition of counsel upon this point 
 is that although the act is the exercise of legislative 
 power, it transcends the provisions of the state and fed- 
 eral constitutions, which render inviolable the rights of 
 liberty and property, which include the right to make 
 contracts. It would be difficult to place too high an 
 estimate upon these guaranties, and they include the 
 right to make contracts. But it is settled that these 
 guaranties are themselves limited by the public welfare 
 for the exercise of the police power." 
 
 In Phillips v. State, 77 Ohio St., 216, it is said: 
 
 "It is almost an axiom that anything which is rea- 
 sonable and necessary to secure the peace, safety, morals 
 and best interests of the commonwealth may be done 
 under the police power; and this implies that private 
 rights exist subject to the public welfare. These prin- 
 ciples are plainly recognized in Article XIV, Section 1, 
 of the Constitution of the United States, and Article I, 
 Section 19, of the Constitution of Ohio." 
 
 The case of Noble State Bank v. Haskell, 219 U. S., 
 104, and Assaria State Bank v. Dolley, 219 U. S., 121, 
 involved the constitutionality of laws enacted by Okla- 
 homa and Kansas, in the exercise of the police power to
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 446 
 
 establish bank depositors guaranty funds created by 
 levy on each of the banks. Objection was made that the 
 tax was an appropriation of the property of one bank 
 to pay debts of another without due process of law. 
 
 Mr. Justice Holmes said: 
 
 "The substance of the plaintiff's argument is that 
 the assessment takes private property for private use 
 without compensation. * * * Nevertheless, not- 
 withstanding the logical form of the objection, there are 
 more powerful considerations on the other side. In the 
 first place it is established by a series of cases that an 
 ulterior public advantage may justify a comparatively 
 insignificant taking of private property for what, in its 
 immediate purpose, is a private use. * * * 
 
 "It may be said in a general way that the police 
 power extends to all the great public needs (Camfield v. 
 United States, 167 U. S., 518). It may be put forth in 
 aid of what is sanctioned by usage, or held by the pre- 
 vailing morality or strong and preponderant opinion to 
 be greatly and immediately necessary to the public wel- 
 fare." 
 
 "We think it clear that the objects and purposes as 
 above set forth, which the legislature contemplated in 
 the passage of the law in question, are sufficient to sus- 
 tain the exercise of the police power, and the participa- 
 tion of the state in the manner provided. Whether the 
 plan adopted is the most appropriate or best calcu- 
 lated to accomplish those objects are matters with which 
 the court is not concerned, and the law should not be 
 held to be invalid unless clearly in violation of some pro- 
 vision of the Constitution. 
 
 "It is urgently insisted that while the law is appar- 
 ently permissive and leaves its operation to the election 
 of employers and employes, it is really coercive and 
 upon this premise much persuasive argument against 
 the validity of the law is based. This is an important 
 question in the case.
 
 447 OHIO ACT. 172 
 
 "An examination of the sections touching the ques- 
 tions made is here necessary. After providing in sec- 
 tion 20-1 that an employer who elects to comply with 
 the act shall be relieved from liability to the employe at 
 common law, or by statute (except as provided in section 
 21-2), it is then enacted in section 21-1 : All employers 
 who shall not pay into the insurance fund, * * * 
 shall be liable to their employes for damages, * * * 
 caused by the wrongful act, neglect or default of the 
 employer, his agents, etc., and in such cases the de- 
 fenses of assumption of risk, fellow-servant, and con- 
 tributory negligence are not available. So that an em- 
 ployer who elects not to come into the plan of insurance 
 may still escape liability if he is not guilty of wrongful 
 act, neglect, or default. His liability is not absolute as 
 in the case of the New York statute hereinafter referred 
 to. And it can not be said that the withdrawal of the 
 defenses of assumption of risk, fellow-servant and con- 
 tributory negligence as against an employer who does 
 not go into the plan, is coercive, for such withdrawal is 
 in harmony with the legislative policy of the state for 
 a number of years past. The law known as the Norris 
 law passed in 1910, withdrew these defenses in the par- 
 ticulars covered by the law. 
 
 "As to the employe, if the parties do not elect to 
 operate under the act, he has his remedy for the neglect, 
 wrongful act or default of his employer and agents as 
 before the law was passed, and is not subject to the de- 
 fenses named. If the parties are operating under the act 
 the employe contributes to an insurance fund for the 
 benefit of himself or his heirs, and in case he is injured or 
 killed, he or they will receive the benefit even though his 
 injury or death was caused by his own negligent or 
 wrongful act, not wilful. And that is not all. Under sec- 
 tion 21-2 if the parties are operating under the act and 
 the employe is injured or killed, and the injury arose 
 from the willful act of the employer, his officer or agent,
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 448 
 
 or from failure of the employer or agent to comply with 
 legal requirements, as to safety of employes, then the 
 injured employe or his legal representative has his op- 
 tion to claim under the act or sue in court for damages. 
 
 "Therefore, the only right of action which this statute 
 removes from the employe is the right to sue for mere 
 negligence (which is not wilful or statutory) of his em- 
 ployer, and it is within common knowledge that this has 
 become in actual practice a most unsubstantial thing. 
 
 "It is conceded by counsel that the particulars named 
 in section 21-2 are such as form the basis for a large 
 portion of claims for personal injuries. Many em- 
 ployers may elect to remain outside its provisions; 
 it would not be strange if many do so. On the other 
 hand some workmen may feel disposed to do like- 
 wise in spite of what would seem to be to their manifest 
 advantage in securing the benefits of the insurance. 
 However, if there should be such general acceptance of 
 and compliance with the statute as its framers hope for, 
 so as to bring a large part of the labor employed in the 
 industrial enterprises of the state within its influence and 
 operation, that would not demonstrate its coercive char- 
 acter. On the contrary it would justify the enactment. 
 Naturally time and experience will disclose imperfec- 
 tions and inefficiencies in the plan; but if it should prove 
 to be feasible, and appropriate in a general way, these 
 imperfections can be corrected by the legislature. On 
 account of the common law and statutory rights still 
 preserved to the parties by this statute (as we have 
 pointed out) in cases where the election is made to 
 come under its provisions as well as not to do so taken 
 in connection with the advantage to each which the plan 
 contemplates, we can not say that the statute is coercive. 
 As was said in the Wisconsin case: 'Laws can not be 
 set aside upon mere conjecture or speculation. The 
 court must be able to say with certainty that an unlaw- 
 ful result will follow.' We do not see how any such
 
 449 OHI ACT - 172 
 
 thing can be said here. Every consideration of prudence 
 and self-interest (things not easily associated with com- 
 pulsion and coercion) would seem to lead an employe to 
 voluntarily make the contribution and waiver contem- 
 plated. 
 
 "[2] Second. Does this statute take private prop- 
 erty without due process of law and deny the guarantee 
 of the Constitution as claimed? 
 
 "Perhaps no exact definition of "Due process of law" 
 has been agreed on. Judge Story defines it in his work 
 on the Constittuion (Section 1935) : 'The right to be pro- 
 tected in life, and liberty and in the acquisition of prop- 
 erty under equal and impartial laws, which govern the 
 whole community. This puts the state upon its true 
 foundation for the establishment and administration of 
 general justice, justice of law, equal and fixed, recog- 
 nizing individual rights and not impairing them.' In 
 Cooley on Const. Limit., Sec. 356, it is said: 'Due 
 process of law in each particular case, means such 
 an exercise of the government as the settled max- 
 ims of the law permit and sanction, and under such safe- 
 guards for the protection of individual rights as those 
 maxims prescribe for the classes of cases to which the 
 one in question belongs.' 
 
 "The case of Ives v. South Buffalo Ry. Co., 201 N. Y., 
 276, 94 N. E. 431, 34 L. R. A. (N. S.) 162 (relied 
 on by some of counsel), involved a statute dif- 
 ferent in many essentials from the Ohio law. Its con- 
 trolling feature was that every employer engaged in 
 any of the classified industries should be liable to a work- 
 man for injury arising in the course of the work by a 
 necessary risk inherent in the business whether the em- 
 ployer was at fault or not and whether the employe was 
 at fault or not, except when its fault was wilful. The 
 court held the law invalid, as imposing the ordi- 
 nary risk of a business (which under the common law 
 the employe was held to assume) on the employer. The 
 
 29 BOYD W C
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 450 
 
 court states one of the premises on which it proceeds as 
 follows: "When our constitutions were adopted, it was 
 the law of the land that no man who was without 
 fault or negligence could be held liable in damages 
 for injuries sustained by another." But that rule 
 was not of universal application. At common law 
 one may sustain such relation to the inception of 
 an undertaking that he will be held liable for neg- 
 ligence in the progress of the enterprise, even though 
 he have no part or connection with the negligent act 
 itself which caused the injury. Such, for instance, as 
 where the owner of property contracts with an indepen- 
 dent contractor to do work which, though entirely law- 
 ful, yet has inherent probabilities of harm if negligently 
 performed. The position in the line of causation which 
 employers sustain in modern industrial pursuits is of 
 course the basic fact on which employers' liability laws 
 rest. 
 
 "As to the right to abolish the defense of assumption 
 of risk, it is enough to say here that the great weight of 
 authority is against the New York position and the posi- 
 tion of such of the counsel in this case as insist on that 
 rule. Some of counsel appearing against the validity of 
 this law, concede the right to abolish the defenses re- 
 ferred to. The supreme courts of Massachusetts, Wis- 
 consin and Washington have recently held in cases sus- 
 taining the validity of statutes similar to the one here 
 attacked, that it is within the legislative power to abolish 
 the defense referred to. In re Opinion of Justices, 96 
 N. E. Rep. 308 (Mass.) ; Borgnis v. Falk Co., 133 N. W. 
 Rep. 209 (Wis.) ; State, ex rel., v. Clausen, 117 Pac. 1101 
 (Washington). 
 
 "Since the argument of this case the Supreme Court 
 of the United States has decided the case of Mondou v. 
 N. Y., N. H. & H. Ry. Co., 223 U. S. 1, 32 Sup. Ct. 
 169, 56 L, Ed. , and has sustained the constitution- 
 ality of the employers liability law passed by Congress.
 
 45 1 OHIO ACT. 172 
 
 The abolition of these rules was urged as an objection 
 to the law. The court say: 'Of the objection to these 
 changes it is enough to observe : First. A person has no 
 property, no vested interest, in any rule of the common 
 law. That is only one of the forms of municipal law, 
 and is no more sacred than any other. Rights of prop- 
 erty which have been created by the common law can- 
 not be taken away without due process; but the law 
 itself, as a rule of conduct, may be changed at the will 
 * * * of the legislature, unless prevented by con- 
 stitutional limitations. Indeed, the great office of stat- 
 utes is to remedy defects in the common law as they are 
 developed, and to adapt it to the changes of time and cir- 
 cumstances. Munn v. Illinois, 94 U. S. 113, 134 (24 L. 
 Ed. 77); Martin v. Pittsburg & Lake Erie R. R. Co., 
 203 U. S. 284, 294 (27 Sup. Ct. 100, 51 L. Ed. 184) ; The 
 Lottawanna, 21 Wall. 558, 577 (22 L. Ed. 654) ; West- 
 ern Union Telegraph Co. v. Commercial Milling Co., 218 
 U. S. 406, 417 (31 Sup. Ct. 59, 54 L. Ed. 1088).' 
 
 "The recent case of State v. Boone, 84 Ohio St. 346, 
 95 N. E. 924, is cited as indicating limitations of the 
 police power which apply here. The act involved in 
 that case required the physician in attendance on a case 
 of confinement to investigate and certify without com- 
 pensation to certain facts which would not naturally 
 come within the knowledge of the attending physician, 
 and. as to matters wholly outside the scope of his pro- 
 fessional duty. The court held the statute unconstitu- 
 tional as to physician and midwife because of an unrea- 
 sonable and arbitrary exercise of the police power. That 
 was the proposition of law decided in that case, and no 
 other proposition was decided. The court was careful 
 to point out in the opinion and also on motion for re- 
 hearing that the state might require the physician to 
 report to proper authority facts which would come 
 naturally under his observation in the line of his duty 
 without compensation. Other matters referred to in
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 452 
 
 the opinion were not included in the syllabus which 
 stated the law decided by the court. 
 
 "The court remarks that the police power inheres in 
 the sovereignty. Its foundation 'is the right and duty 
 to provide for the common welfare of the governed.' 
 Manifestly the reasoning which led to the conclusion in 
 that case that the statute had been passed by an unrea- 
 sonable exercise of the police power can have no appli- 
 cation here. 
 
 "State ex rel., v. Hubbard, 22 C. C. 253, affirmed 
 without opinion, 65 Ohio St. 574, and State, ex rel., v. 
 Guilbert, 56 Ohio St. 575, involving the validity of stat- 
 utes creating a teachers pension fund and the Torrens 
 law to establish an insurance fund for the protection of 
 land titles concerned laws which were wholly compul- 
 sory with no element of choice and were not claimed to 
 have been passed under the police power to cure un- 
 desirable public conditions but for mere private benefit. 
 These cases can therefore have no relation to a plan 
 adopted to promote the general welfare, the contribu- 
 tions to which are made after an election by the parties 
 to participate in the undertaking. 
 
 "It is urged by counsel opposing this law that the 
 case of Byers v. Meridian Printing Co., 84 Ohio St., 408, 
 is of conclusive weight condemnatory of the legislation 
 we are examining. In that case it is ruled that an amend- 
 ment to section 5094, Revised Statutes (changing the 
 presumption of malice and burden of proof in action for 
 libel where retraction is made on demand, in the manner 
 stated), is unconstitutional. The decision was put on 
 the ground that plaintiff was guaranteed his remedy by; 
 due course of law for an injury done in his land, goods, 
 person or reputation, under Article I, Section 16, Con- 
 stitution of Ohio. When the injury was done to the 
 reputation of plaintiff by the libel, he was entitled to his 
 constitutional remedy at law, but at the same time he 
 was enitled to demand of the publisher a retraction of
 
 453 O HJ O ACT. 172 
 
 the libel. Therefore the legislature had no right to put 
 him on his election as to two courses both of which he 
 was entitled to follow. The court is careful to declare 
 that it is not disposed to question that a citizen may 
 waive a constitutional right. But being compelled to 
 elect between two rights, both of which a person 
 is entitled to, has no resemblance to waiver. And 
 under the law under investigation here as already 
 shown, the right of action (for injury by wilful act 
 of the employer and for his failure to comply with 
 requirements as to the safety of employes) is still 
 reserved to the employes. So that the only thing 
 withdrawn by this law, and to which withdrawal he 
 consents by his voluntary election to operate under the 
 law, is his right of action for mere negligence, and in 
 place of it he receives the substantial protections and 
 privileges under the state insurance fund." * * * 
 
 "The court then shows that many boards hear and 
 determine questions affecting private as well as public 
 rights, and quotes with approval from State, ex rel., v. 
 Harmon, 31 Ohio St., 250: 'The authority to ascertain 
 facts and apply the law to the facts when ascertained 
 pertains as well to other departments of government as 
 to the judiciary.' These principles were applied in 
 France v. State, 57 Ohio St., 1, 47 N. E. 1041, in which 
 case the court remark that the case of State, ex rel., v. 
 Guilbert, 56 Ohio St. 576, 47 N. E. 551, 38 L. R. A. 519, 
 60 Am. St., Rep. 756, forms no exception, for the powers 
 1 of the recorder under the statute there in question were 
 essentially those which properly belong to a court. 
 
 "Does the law deny recourse to the courts and trial 
 by jury? How does it affect an injured employe where 
 the parties are operating under the act? 
 
 "In B. & O. Rd. Co. v. Stankard, 56 Ohio St. 232, 46 
 N. E. 577, 49 L. R. A. 381, 60 Am. St. Rep. 745, which 
 was a suit by the beneficiaries of a member of the relief 
 department of the railroad, the company answered set-
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 454 
 
 ting up a rule which provided that the decision of the 
 relief department should be final. The court say: 'The 
 right to appeal to the courts for redress of wrongs 
 is one of those rights which in its nature under our 
 Constitution is inalienable and can not be thrown off 
 or bargained away.' But the court shows that parties 
 may contract to submit the fixing of facts to some non- 
 judicial tribunal and say: 'In insurance, and other like 
 cases, where the ultimate question is the payment of a 
 certain sum of money, certain facts may be fixed by a 
 person selected for that purpose in the contract, but the 
 ultimate question as to whether the money shall be 
 paid or not may be litigated in the courts, and a stipu- 
 lation to the contrary is void.' So that under that rule 
 the parties may conclusively bind themselves in advance 
 to submit questions of amount, etc., to some tribunal 
 other than a court; but the ultimate question of actual 
 liability can not be removed from the courts. 
 
 "Now, in this statute, section 36 is as follows : 'Sec. 
 36. The board shall have full power and authority to 
 hear and determine all questions within its jurisdiction, 
 and its decision thereon shall be final. Provided, how- 
 ever, in case the final action of such board denies the 
 right of the claimant to participate at all in such fund 
 * * * upon any * * * ground going to the 
 basis of the claimant's right, then the claimant within 
 thirty (30) days after the notice of the final action of 
 such board may, by filing his appeal in the common pleas 
 court of the county wherein the injury was inflicted, be 
 entitled to a trial in the ordinary way, and be entitled to 
 a jury if he demands it. In such a proceeding, the prose- 
 cuting attorney of the county, without additional com- 
 pensation, shall represent the state liability board of 
 awards, and he shall be notified by the clerk forthwith 
 of the filing of such appeal. Within thirty days after 
 filing his appeal, the appellant shall file a petition in the 
 ordinary form against such board as defendant.' There-
 
 455 OHIO ACT. 172 
 
 fore, if the board denies the claimant's right to partici- 
 pate in the fund on any ground going to the basis of his 
 claim, he may by filing an appeal and petition in the 
 ordinary form be entitled to trial by jury; the case pro- 
 ceeding as any other suit. 
 
 "It is not an appeal in the sense of appealing from 
 one court to another, but is really the beginning of an or- 
 iginal suit. As to this it must be remembered that the 
 whole proceeding is with and against the board of 
 awards. His claim is not against the employer. There 
 is no dispute between them. His claim is for the bene- 
 fits of the insurance fund. The board of awards inquire 
 into the matters pointed out in the statute, and in case 
 of dispute as to whether there is any ultimate right to 
 'participate at all in such fund' he has his recourt to 
 the courts. But he is not confined to that method of 
 proceeding. If he claims that the injury was caused by 
 the wilful act of the employer or officer or agent or from 
 failure to comply with legal requirements as to safety of 
 employes, etc., he may waive his claim under the act and 
 sue in court for his damages. But in his petition in such 
 case he could not claim damages for mere negligence; 
 he having elected to waive that cause of action, having 
 elected, as it were, to assume the risk of his employer's 
 mere neglect in return for the benefits and protection to 
 himself and his heirs afforded by the terms of the act. 
 
 "[4] Another objection that is urged against this 
 statute is, that it makes an unjust and arbitrary classi- 
 fication and does not affect all who are within its reason 
 as required by Section 26, Article II, of Constitution of 
 Ohio. Under the law only employers of five or more are 
 affected by it. 
 
 "Spear, J., in Cincinnati v. Steinkamp, 54 Ohio St., 
 295, remarked: 'In order to be general and uniform in 
 operation, it is not necessary that the law should ope- 
 rate upon every person in the state, nor in every local- 
 ity; it is sufficient, the authorities concede in holding, if
 
 172 WORKMEN'S COMPENSATION AND INSURANCE. 456 
 
 it operates upon every person brought within the rela- 
 tion and circumstances provided for, and in every local- 
 ity where the condition exists.' To same effect are 
 Platt v. Craig et al., 66 Ohio St. 75, 63 N. E. 594; Gent- 
 sch, v. State, ex rel., 71 Ohio St. 151, 71 N. E. 900; Ry. 
 Co. v. Hosterman, 72 Ohio St. 107, 63 N. E. 1075. 
 
 "We think the classification is reasonable and proper. 
 In the nature of the case the risks of any regular employ- 
 ment are less and the opportunity for avoiding them 
 better where an employe is one of four than when the 
 number is larger. As was said by Winslow, C. J., in 
 Borgnis v. Falk, supra: 'The difference in the situation 
 is not merely fanciful; it is real.' St. Louis Cons. Coal 
 Co. v. Illinois, 185 U. S., 203, 22 Sup. Ct. 616, 46 L. 
 Ed. 872, is a case in which a classification was made 
 under somewhat similar manner, and was upheld. Nor 
 do we think it an objection that the law applies only 
 to workmen and operatives and not to all others. This 
 classification brings within the law all employes within 
 its reason. 
 
 "[5] As to the suggestion that this statute impairs 
 the obligation of contracts it is sufficient to say that it 
 can, of course, not affect contracts in existence and un- 
 expired at the time it is put into operation by the em- 
 ployer. 
 
 "It is suggested that this legislation marks a radical 
 step in our governmental policy not contemplated by the 
 Constitution, and which it is the duty of the court to 
 condemn. But it creates no new right or new remedy 
 for wrong done. It is an effort to in some degree answer 
 the requirements of conditions which have come in an 
 age of invention and momentous change. The courts 
 of the country, while firmly resisting encroachments on 
 the Constitutions in the past, have yet found in their 
 ample limits sufficient to enable us to meet the emer- 
 gencies and needs of our development, and we do not
 
 457 OHI ACT - 
 
 find that this statute goes beyond the bounds put upon 
 the legislative will. 
 
 "The demurrer to the petition will be overruled, and 
 the writ of mandamus awarded. 
 
 "Demurrer overruled." 
 
 173. Workshop and factory inspection and regu- 
 lation act. This statute, which takes the place of an 
 earlier act on the subject, reads as follows : 
 
 Section 1. That sections 1003 and 1004 of the gen- 
 eral code be amended so as to read as follows: 
 
 Sec. 1003. Every manufacturer of the state shall 
 within three days after the happening of any accident in 
 his establishment resulting in death, or bodily injury of 
 such a nature that the person injured does not return to 
 his or her employment in said establishment within two 
 or more days after the occurrence of the accident, 
 forward by mail to the chief inspector of workshops and 
 factories a report containing the following particulars in 
 full: 
 
 1. Name and address of manufacturer, (person, 
 firm or corporation). 
 
 2. Nature of business in which manufacturer is en- 
 gaged and place where accident occurred. 
 
 3. Name, address, sex, age and kind of employment 
 of person killed or injured and whether such person is 
 married or single. 
 
 4. Time of day deceased began work on day of acci- 
 dent, time of day accident occurred, and date of accident 
 or death. 
 
 5. At what employed when killed or injured, 
 whether such person was familiar with the work at 
 which engaged or the machinery which he was operating 
 and whether such machinery was in good order and 
 guarded so as to prevent accident under ordinary cir- 
 cumstances. If such machinery was not guarded, rea- 
 sons for not guarding the same.
 
 173 WORKMEN'S COMPENSATION AND INSURANCE. 458 
 
 6. Description of manner in which such person was 
 killed or injured. 
 
 7. Description of nature and extent of injury. 
 
 8. Number of persons deprived of support in conse- 
 quence of such death or injury. 
 
 Such manufacturer shall, in all cases of death within 
 six months after the accident, or in case the person in- 
 jured returns to work in his establishment within six 
 months after the accident, forwaird by mail to the chief 
 inspector of workshops and factories within five days 
 after such death or such return to work, or in case of no 
 death or return to work within six months, then within 
 five days after the expiration of such six months, a sup- 
 plemental report which shall contain the following par- 
 ticulars in full: 
 
 1. Name and address of manufacturer. 
 
 2. Name, sex and age of person injured and date 
 and place where accident occurred. 
 
 3. A correct statement of the amount of wages paid 
 to such person at the time of such injury and the amount 
 of wages lost during the period between the time of such 
 accident and the time of forwarding such supplemental 
 report. 
 
 4. The amount of compensation paid by such manu- 
 facturer by reason of such injury or death, the names of 
 persons to whom such compensation was paid and a 
 statement of reasons for paying such amounts to such 
 persons. 
 
 Sec. 1004. Whoever violates or fails to comply with 
 any requirement of the preceding section shall be fined 
 not less than fifty dollars, nor more than one hundred 
 dollars for the first offense, and not less than two hun- 
 dred dollars nor more than five hundred dollars for each 
 subsequent offense. 
 
 174. Rules of procedure before the state liability 
 boards of awards.
 
 459 OHI ACT - 
 
 RULE 1. OFFICE HOURS. 
 
 The office hours of the board will be from 8:00 
 o'clock A. M. to 12 :00 o'clock M. ; and, from 1 :30 o'clock 
 P. M. to 4:30 o'clock P. M. 
 
 RULE 2. SESSIONS OF THE BOARD. 
 Sessions of the board will be held regularly at the 
 office of the Board on the sixth floor of the Hartman 
 Building, in the City of Columbus, beginning at 10:00 
 A. M. of each business day, and continuing until the 
 business of the day is completed; provided, that sessions 
 may also be held at any other place within the State 
 should the business to be transacted seem to require it. 
 
 RULE 3. FORMS PRESCRIBED. 
 
 Printed forms of all notices, applications, proofs, cer- 
 tificates, etc., necessary for perfecting any claim before 
 the Board will be furnished free of charge by the Board. 
 Such forms must be used in all cases. 
 
 RULE 4. INJURY NOT RESULTING IN DEATH, NOTICE OF. 
 
 An employe who has been injured in the course of 
 his employment and who contemplates filing an applica- 
 tion for an award, shall, within one week from receiving 
 such injury, notify or cause notice to be given the Board 
 of the time, place and nature of his injury and the name 
 of his employer. Forms of such notices can be obtained 
 from the employer. Such notices should be mailed to 
 "State Liability Board of Awards, Columbus, Ohio." 
 
 Upon receiving such notice the Board forthwith will 
 mail to the injured employe proper forms and blanks for 
 his use in perfecting his claim, and notify the employer 
 thereof. Unless such notice is given, no application for 
 an award will be considered by the Board. 
 
 RULE 5. INJURY RESULTING IN DEATH, NOTICE OF. 
 When death results from an injury received by an em- 
 ploye in the course of his employment, the provisions of 
 Rule 4 shall apply, except that notice of death must be
 
 174 WORKMEN'S COMPENSATION AND INSURANCE. 460 
 
 given by the attending physician, undertaker, employer, 
 executor, administrator or a beneficiary, within one week 
 from the time of death. 
 
 RULE 6. DOCKETING AND NUMBERING. 
 
 Notices provided for by Rule 4 and 5 shall be num- 
 bered when received by the Board and entered upon a 
 docket kept for the purpose, and each paper thereafter 
 filed in connection with the claim shall be given the same 
 number as the original notice. 
 
 RULE 7. APPLICATION - INJURY. 
 
 Application for awards in all cases of injury not re- 
 sulting in death must be made by the party injured not 
 less than two weeks nor more than three months after 
 the injury is received. 
 
 RULE 8. APPLICATION - DEATH. 
 
 Application for awards in all cases of injury resulting 
 in death must be made by the executor, administrator or 
 beneficiary of the deceased, or by the attending physi- 
 cian or undertaker where there is no beneficiary, not less 
 than two weeks nor more than six months after the 
 death of the injured employe. 
 
 RULE 9. MODIFICATION OF RULES. 
 
 The provisions of Rules 4, 5, 7 and 8 will not be 
 relaxed unless in the judgment of the Board, the failure 
 to observe their provisions was occasioned by want of 
 knowledge of their existence, and unless their strict en- 
 forcement will result in hardship and injustice. In such 
 instances the Board will, upon application, extend the 
 time for filing. 
 
 RULE 10. PROOF. 
 
 The proof of all claims shall be made by affidavit as 
 far as possible. But the Board will, if in its judgment it 
 is deemed necessary, require medical or other examina- 
 tions, and may take oral testimony of witnesses, the 
 claimant being notified of the time, place and manner of 
 taking the same. The Board will also hear any oral tes-
 
 OHIO ACT. 174 
 
 timony offered by an applicant. Depositions of witness- 
 es may also be filed by an applicant, but notice of the 
 time and place of taking the same must be given the 
 Board prior to their taking. Any duly authorized in- 
 spector of the Board shall have the right at any time 
 either before or after an award to make an investigation 
 as to the cause and extent of the injury for the purpose 
 of ascertaining facts. The proof in every instance shall 
 be such as to show clearly the jurisdiction of the Board, 
 the rights of the applicant to an award, and the amount 
 thereof. 
 
 RULE 11. DUTY OF CLERK. 
 
 The clerk shall keep a record of the time or filing all 
 notices, applications, affidavits, statements, depositions, 
 medical and other forms of proof, and when the proof 
 is seemingly complete, shall enter the same in the order 
 of the completion of the proof upon a separate record to 
 be known as the "Hearing Docket." 
 
 RULE 12. HEARINGS. 
 
 Applications for awards will be set for hearing in the* 
 order in which they appear on the "Hearing Docket." It 
 shall be the duty of the Clerk to make an assignment of 
 applications, for hearing for each business day one week 
 in advance, and forthwith to notify the applicant by 
 postal card of the time of the hearing. Applicants may 
 appear before the Board either in person or by agent 
 or attorney. If no appearance is made, the application 
 will be heard and disposed of upon the proofs on file, if 
 sufficient, or may be continued until a future day, or in- 
 definitely, for the attendance of applicant or counsel, or 
 for the furnishing of further proof. 
 
 RULE 13. AWARDS. 
 
 All awards, other than for medical, nurse and hospi- 
 tal services and for funeral expenses, will be payable in 
 bi-weekly installments. In case of temporary disability 
 or partial impairment of earning capacity, the Board, at 
 the time of making the award, will fix a time at which
 
 174 WORKMEN'S COMPENSATION AND INSURANCE. 462 
 
 payments shall cease, unless the injured employe shall 
 make it appear to the Board that he is still incapacitated 
 as a result of the injury for which the award was orig- 
 inally made. In such case a modification of the terms 
 of the original award may be made. 
 
 RULE 14. PAYMENT OF LUMP SUMS. 
 
 Payment of awards in lump sums will be made only 
 when, in a supplemental proceeding, it is made to appear 
 to the Board that it would be to the mutual advantage 
 of the applicant or beneficiaries and to the State Insur- 
 ance Fund. 
 
 RULE 15. CONTINUANCE. 
 
 The policy of the Board will be to determine all ques- 
 tions brought before it as speedily as possible ; but con- 
 tinuances of hearings for any reasonable cause may be 
 had upon the request of the applicant. 
 
 The Board will continue hearings on its own motion 
 only when the volume of business is such as to demand 
 it, or when the proof is not satisfactory, or is insufficient. 
 RULE 16. MODIFICATION OF AWARDS. 
 
 The Board, having continuing power and jurisdiction 
 over an award, may make changes or modifications of its 
 former findings, either upon its own motion or upon the 
 application of the beneficiary or beneficiaries. If on its 
 own motion, it must first notify the beneficiary or bene- 
 ficiaries. Upon application being made for a modifica- 
 tion of an award, it shall be docketed and set for hearing 
 as in the case of original applications. 
 
 RULE 17. CHANGES IN RULES. 
 
 The rules of the board are subject to alterations or 
 amendments at any time ; and the board will make addi- 
 tional rules, whenever, in its judgment, the same are nec- 
 essary. 
 
 175. Procedure as to employers. The steps re- 
 quired to be taken by every employer of five of more 
 workmen or operatives regularly in the same business
 
 463 OHIO ACT. 176 
 
 in the State of Ohio to obtain the immunities and bene- 
 fits and avoid the penalties of the act are the following: 
 
 First. He should carefully read the rules of pro- 
 cedure before the State Liability Board of Awards which 
 have been prepared by the Board for the guidance of 
 employers and employes affected by the act and notify 
 the Board that he desires to insure under the act. 
 
 Second. He should fill out the application for classi- 
 fication of industry and for premiums and the report as 
 to number of accidents and pay roll and send the same 
 to the State Liability Board of Awards at Columbus. 
 These forms are set out in sections 177 and 178. 
 
 Third. He should promptly receive in return the 
 premium rate fixed by the Liability Board according to 
 the resolution in note under section 17 of the Compensa- 
 tion Act. 
 
 Fourth. He should then pay the premium fixed by 
 the Board and post a copy of the "notice to employes" 
 set out in section 179. 
 
 176. Forms of applications and notices to be used 
 by employers covered by the act. Conformably to sec- 
 tion 8 of the act the State Liability Board of Awards has 
 prescribed the forms to be filled out by the employer to 
 avail himself of the provision of the act and likewise the 
 notice to be posted by an employer who has paid the 
 premiums. These forms are set out in the three suc- 
 ceeding sections. 
 
 177. Form of application for classification of in- 
 dustry and for premium. 
 
 State Liability Board of Awards, 
 
 Columbus, Ohio. 
 The undersigned, 
 
 (Individual, firm, partnership or corporation) 
 
 an employer of labor in Ohio, and authorized to do business in this 
 State, hereby makes the following declaration for the purpose of 
 enabling the State Liability Board of Awards to determine the 
 classification or classifications of employments in the business 
 conducted by said undersigned, and to fix the rate or rates of pre-
 
 177 WORKMEN'S COMPENSATION AND INSURANCE. 464 
 
 mium therefor, and to name the aggregate amount of premium to 
 be paid to the Treasurer of the State of Ohio as custodian of THE 
 STATE INSURANCE FUND. 
 
 It is understood by said employer that if he elects to accept the 
 provisions of the act creating said State Insurance Fund and to 
 pay the premium quoted to him by said State Liability Board of 
 Awards upon the basis of this declaration, that this declaration in 
 its entirety shall, upon said election by said employer, become and 
 constitute his application for the rights and benefits of said fund. 
 It is further understood that the declarations herein contained are 
 made only for the purpose of enabling the Board to quote a correct 
 premium rate. 
 
 1 Name of applicant 
 
 Address 
 
 (City, street number, etc., where principal office is located) 
 2 
 
 SO) 
 
 
 
 x ' 
 
 1 
 
 ^ 
 u < 
 
 9 
 
 o d 
 
 o 
 
 4-1 
 
 (^ 5 
 
 05 >> 
 DO O 
 
 a a 
 
 o >> 
 
 OB 
 
 
 QJ f < 
 
 H o 
 
 K 5 
 
 < a 
 
 sl-g 
 
 d 03 O 
 
 S g 
 H 
 
 d 
 
 M 
 
 a 
 
 a 
 
 o a 
 
 fc H 
 
 11 
 
 -2 33 
 3 
 
 I 
 
 d Q a 
 2 
 
 80 <H 
 
 H 
 
 
 3 The following is a correct statement of the average number 
 of employe's employed, and the total pay-roll of the undersigned 
 for the twelve months constituting the business year last preced- 
 ing this application, ending , 191__ 
 
 00 
 
 OJ 
 
 a 
 
 
 
 .2 
 
 
 
 0) 
 
 
 
 d 
 
 
 
 
 
 
 w 
 
 ^ 
 
 
 B 
 
 
 
 
 
 
 t-5 
 
 
 
 
 
 
 09 
 
 
 
 Pk 
 
 in 
 
 
 00 
 
 h| 
 
 
 VI) 
 
 
 
 
 *!> 
 
 
 I 
 
 _o 
 
 
 _ 
 
 "d 
 
 
 ^] 
 
 _0 
 
 
 _d 
 
 "3. 
 
 
 
 0) 
 
 
 Location of A 
 
 "3. 
 
 a 
 
 H 
 
 o> 
 C 
 
 Q) 
 
 Employed. 
 
 o 
 
 n 
 
 *o 
 
 
 
 1 
 
 5 
 
 Different Em 
 
 ments. 
 
 a 
 
 K 
 
 O 
 
 S5 
 
 Each Employm 
 
 i 
 
 i
 
 4^5 t OHIO ACT. 177 
 
 4 The foregoing enumeration of employes includes all "work- 
 men or operatives regularly employed in the same business, or in 
 or about the same establishment," in the service of the under- 
 signed in connection with the operation herein described to whom 
 compensation of any nature is paid or allowed. The officers of a 
 corporation, as such, and persons wholly engaged as traveling 
 salesmen, are not included. The members of the STATE LIA- 
 BILITY BOARD OP AWARDS, or any of its duly authorized em- 
 ploye's, shall be permitted to examine the books of the under- 
 signed at any time, so far as they relate to the number or names 
 of workmen or operatives regularly employed, and the compen- 
 sation earned by them, as above certified and estimated. 
 
 5 There are no hand-fed machines used for stamping, punching, 
 pressing, cutting or embossing metal, except as herein stated: 
 
 6 There is no stevedoring of raw material or supplies except 
 as herein stated: 
 
 7 No railroads, switches, or sidetracks, other than by hand- 
 power are operated except as herein stated: 
 
 8 No explosives are used, except as herein stated: 
 
 9 No operations of any nature not herein disclosed are con- 
 ducted by the undersigned at the places covered hereby except 
 as herein stated: 
 
 10 The buildings and structures in which the business of the 
 undersigned is carried on are as follows: 
 
 (State number, size, and whether frame, brick, stone or concrete.) 
 
 There are boilers. Their type is. 
 
 Their age is 
 
 There are passenger elevators and freight elevators. 
 
 Their type is 
 
 Their maker's name is 
 
 11 The foregoing statements are true and are made with the 
 understanding that should the classification or classifications, 
 rate or rates and the aggregate amount of premium fixed by the 
 STATE LIABILITY BOARD OF AWARDS under this application 
 be satisfactory to the undersigned when advised of the same, the 
 30 BOYD w c
 
 177. WORKMEN'S COMPENSATION AND INSURANCE. 466 
 
 undersigned shall then have the option of election to accept the 
 provisions of an Act of the General Assembly of Ohio, entitled 
 "An Act to create a state insurance fund for the benefit of injured, 
 and the dependents of killed employe's, and to provide for the 
 administration of such fund by a state liability board of awards," 
 passed May 31, 1911, and approved by the Governor, June 15, 1911. 
 Said option so to elect, if exercised, will be exercised by the 
 payment to the TREASURER OF STATE, as custodian of the 
 STATE INSURANCE FUND OF OHIO, at his office in the City of 
 Columbus, Ohio, of the sum so designated by the STATE LIA- 
 BILITY BOARDS OF AWARDS, and such election will date from 
 the first following week-day not a holiday after the day on which 
 such payment is actually received by the Treasurer of State. 
 12 The statements herein are also made with the understanding 
 that if the pay-roll of the undersigned be greater for the ensuing 
 six months than the estimate herein made, that the premium shall 
 be proportionately increased, and shall be due and payable in the 
 same manner as the original payment, at the end of the six 
 months' period; and, if the pay-roll for such period be less than 
 herein estimated, a proportionate reduction will be made, a credit 
 for the amount of which will be allowed to the undersigned upon 
 the premium for the six months' period next ensuing. 
 
 In witness whereof have hereunto subscribed 
 
 (I or we) 
 name and caused our official seal to be affixed, 
 
 (my or our) (If a corporation) 
 
 this__ day of__. ., 191 
 
 Witness : 
 
 (Seal) 
 
 State of Ohio, County, ss: 
 
 On this day of , 191, before me, a 
 
 in and for said county appeared personally 
 
 and 
 
 who, being first duly sworn, declared that the facts set forth in the 
 foregoing application are true. 
 
 (My commission expires ) 
 
 (If the employer is a corporation, signature should be made 
 and seal used according to the laws of Ohio, and the official taking
 
 467 
 
 OHIO ACT. 
 
 177 
 
 this acknowledgment is cautioned to see that it is properly taken. 
 Do not omit official titles of affiants if corporation.) 
 
 Office of 
 
 STATE LIABILITY BOARD OF AWARDS, 
 Columbus, Ohio. 
 
 Using the information contained in the foregoing application, as 
 a basis, the STATE LIABILITY BOARD OF AWARDS has classified 
 the employment or employments of , 
 
 of , as follows: 
 
 to 
 
 
 
 <M 
 
 
 
 
 ** ta 
 
 >- g 
 
 o 
 
 
 
 a 
 
 > o> 
 O rt 
 
 Oj C/2 r 
 PL| W 
 
 
 
 
 w 
 
 si 1 
 
 * ^a 
 
 o 
 o 
 
 
 
 n "3 
 
 3 
 
 MI g o 
 
 2 H o, 
 
 3 | is 
 
 Q 
 
 O 
 
 ^ 
 
 
 *{ 
 
 > a 
 
 <J o H 
 
 ^ a 
 
 
 
 "o 
 
 H 
 
 
 o "a 
 
 111 
 
 ijil 
 
 o> 
 a g 
 
 ho 
 
 "rt 
 
 Go 
 
 V 
 
 
 o 
 
 tfl *^- d 
 
 S "o o o 
 
 S3 a "5 
 
 03 r ^ 
 
 1 ^ 
 
 i 
 
 hO 
 
 "3 
 
 -4-J 
 
 o 
 
 P 
 
 i 
 
 w 
 
 P5 
 
 
 
 Accordingly, on this day of , 191__, 
 
 a PAY-IN ORDER has been mailed to said applicant and said PAY- 
 IN ORDER will be the authority for the Treasurer of State to 
 
 receive the sum of $ from said APPLICANT, and to 
 
 place the same to the credit of the State Insurance Fund of Ohio. 
 STATE LIABILITY BOARD OF AWARDS, 
 
 T. J. DUFFY, 
 MORRIS WOODHULL, 
 
 WALLACE D. YAPLE. 
 
 (Seal.) 
 
 Attest: 
 
 Chief Auditor. 
 
 Attest: 
 
 Actuary.
 
 178 WORKMEN'S COMPENSATION AND INSURANCE. 468 
 
 178. Form of supplementary report Accident 
 experience. 5 
 
 Table of Number of Accidents and of Pay-Roil |In'09|In'10|In'll 
 
 
 o 
 
 
 O 
 
 
 O 
 
 
 
 -*J 
 
 
 
 ^* 
 
 rH 
 
 *-* 
 
 C9 
 
 
 05 
 
 rH 
 
 O 
 
 rH 
 
 rH 
 
 r 
 
 
 
 
 03 
 
 1 1 
 
 05 
 
 i i 
 
 A 
 
 ' 
 
 O5 
 
 TH 
 
 iH 
 
 05 
 
 (H 
 
 ^H 
 
 A 
 
 i>4 
 
 T- 
 
 
 r-T 
 
 rH 
 ^ 
 
 T^ 
 
 r^ 
 ^? 
 
 TH 
 
 H 
 
 
 * 
 
 
 
 
 Is 
 
 ,>;> 
 
 " 
 
 
 3 
 
 i ^ 
 
 3 
 
 1-5 
 
 S 
 
 ^ 
 
 
 1-5 
 
 
 1-3 
 
 
 1-3 
 
 
 Table of Number of Accidents and of Pay Roll 
 Total number of all accidents happening (to in- 
 clude only those cases causing a disability of one 
 
 or more days), 
 
 Number of accidents causing death 
 
 Number of accidents causing disability lasting 
 
 more than four weeks 
 
 Total amount of pay rool 
 
 1$ 1$ 
 
 Employer's Name Address. 
 
 179. Form of notice of employer to employes: 
 
 NOTICE TO EMPLOYES. 
 
 All workmen or operatives employed in or about this estab- 
 lishment are hereby notified that the employer or employers owning 
 or operating the same have paid into The State Insurance Fund 
 according to the laws of Ohio the premiums provided by the act 
 creating the State Liability Board of Awards to administer said 
 fund. (Act of May 31, 1911, Ohio Laws, Vol. 102, page 524.) 
 
 RULE 4. INJURY NOT RESULTING IN DEATH, NOTICE OF. 
 
 An. employe who has been injured in the course of his employ- 
 ment and who contemplates filing an application for an award, shall, 
 within one week from receiving such injury, notify or cause notice 
 to be given the Board of the time, place and nature of his injury 
 and the name of his employer. Forms of such notices can be 
 obtained from the employer. Such notices should be mailed to 
 "State Liability Board of Awards, Columbus, Ohio." 
 
 Upon receiving such notice the Board forthwith will mail to the 
 injured employ^ proper forms and blanks for his use in perfecting 
 
 5 It is absolutely essential that the employer furnish the infor- 
 mation desired on this sheet. This is very IMPORTANT and WILL 
 AFFECT THE RATE which will be quoted.
 
 OHIO ACT. 1 80 
 
 his claim, and notify the employer thereof. Unless such notice is 
 given, no application for an award will be considered by the Board. 
 
 RULE 5. INJURY RESULTING IN DEATH, NOTICE OF. 
 When death results from an injury received by an employ^ in 
 the course of his employment, the provisions of Rule 4 shall apply, 
 except that notice of death must be given by the attending physi- 
 cian, undertaker, employer, executor, administrator, or a beneficiary, 
 within one week from the time of death. 
 
 RULE 7. APPLICATION-INJURY. 
 
 Application for awards in all cases of injury not resulting in 
 death must be made by the party injured not less than two weeks 
 nor more than three months after the injury is received. 
 
 RULE 8. APPLICATION-DEATH. 
 
 Application for awards in all cases of injury resulting in death 
 must be made by the executor, administrator or beneficiary of the 
 deceased, or by the attending physician or undertaker where there 
 is no beneficiary, not less than two weeks nor more than six months 
 after death of the injured employe. 
 Date Employer. 
 
 180. A comparison of premium rates under the 
 Ohio law with liability insurance rates under compensa- 
 tion laws. 
 
 The economies effected by the Ohio method are 
 shown by the subjoined table which sets out the rates 
 imposed by the Board in forty different employments, 
 and the rates paid to liability insurance companies in the 
 states of New Jersey, Illinois and Wisconsin under their 
 compensation acts. Under the Ohio act the employer 
 engaged in the manufacture of confectionery is insured 
 against liability for personal injuries by the payment of 
 1 70 cents on each one hundred dollars of his pay roll. 
 This protection will cost him $1.50 under the compensa- 
 tion act of New Jersey, two dollars under the Illinois 
 law and $2.10 under the Wisconsin statute. In the latter 
 state the non-electing employer covered by the act will 
 pay 75 cents, but he is denied the defenses of contribu- 
 tory negligence and assumption of risk. The compari- 
 son as to other employments is shown in the following 
 
 *
 
 i8o WORKMEN'S COMPENSATION AND INSURANCE. 470 
 
 table which covers 87 per cent, of all employers covered 
 by the act. 6 
 
 A TABLE OF COMPARATIVE RATES. 
 Compiler! by Emile E. Watson, Actuary of the Board. 
 
 fc o 
 
 Representative Employments 
 
 
 ll 
 
 S J? 
 
 o 
 
 o 
 || 
 
 oi 3 
 
 II 
 
 Confectionery Mfrs. 
 
 $0.70 
 
 $1.50 
 
 $2.00 
 
 $0.75 
 
 $2.10 
 
 Acid Mfrs. 
 
 1.20 
 
 3.00 
 
 4.05 
 
 1.65 
 
 4.20 
 
 Car Mfrs., R. R 
 
 1.85 
 
 3.50 
 
 4.70 
 
 2.40 
 
 4.90 
 
 Coal Miners 
 
 1.80 
 
 6.00 
 
 15.00 
 
 3.00 
 
 8.40 
 
 Carpenter Contractors 
 
 3.05 
 
 3.75 
 
 4.50 
 
 3.00 
 
 5.25 
 
 Mason Contractors 
 
 3.90 
 
 5.25 
 
 6.30 
 
 4.20 
 
 7.35 
 
 Electric Light & Power Cos 
 
 4.15 
 
 6.00 
 
 7.20 
 
 4.80 
 
 8.40 
 
 Harness and Saddle Mfrs. 
 
 .85 
 
 1.25 
 
 1.65 
 
 .55 
 
 1.75 
 
 Saw Mills 
 
 2.20 
 
 4.50 
 
 5.60 
 
 2.25 
 
 6.30 
 
 Planing Mill & Lumber Yard 
 
 1.60 
 
 3.25 
 
 4.05 
 
 1.50 
 
 4.55 
 
 Meat Packing & Stock Yards 
 
 1.40 
 
 2.25 
 
 3.35 
 
 1.50 
 
 3.50 
 
 Machine Shops 
 
 .85 
 
 2.00 
 
 2.50 
 
 1.00 
 
 2.80 
 
 Machine Shops, with foundry 
 
 .95 
 
 2.50 
 
 3.10 
 
 1.20 
 
 3.50 
 
 Foundry (iron) 
 
 1.25 
 
 2.75 
 
 3.40 
 
 1.50 
 
 3.85 
 
 Boilermakers 
 
 1.95 
 
 3.50 
 
 4.25 
 
 2.25 
 
 4.90 
 
 Flour Mills 
 
 1.20 
 
 2.00 
 
 2.70 
 
 1.20 
 
 2.80 
 
 Mining (except coal) clay 
 
 1.80 
 
 6.00 
 
 8.10 
 
 4.00 
 
 8.40 
 
 Ice (Artificial) Mfrs. 
 
 1.20 
 
 2.50 
 
 3.35 
 
 1.35 
 
 3.50 
 
 
 3 05 
 
 8 00 
 
 10 80 
 
 6 25 
 
 11 20 
 
 *' R TT1 t 1 tit 'K 
 
 2 15 
 
 
 6 75 
 
 3 75 
 
 7 00 
 
 Oil (fish, lard, tallow) Mfrs 
 
 1.10 
 
 2.25 
 
 3.00 
 
 1.05 
 
 3.15 
 
 Blast furnaces 
 
 2.65 
 
 6.00 
 
 8.10 
 
 3.75 
 
 8.40 
 
 Iron Smelters 
 
 2.65 
 
 6.00 
 
 8.10 
 
 3.75 
 
 8.40 
 
 Paper Mfrs. (No saw or bark mills 
 
 1.55 
 
 2.50 
 
 3.35 
 
 1.50 
 
 3.50 
 
 Card Board Mfrs. (No pulp mills) 
 
 1.15 
 
 2.00 
 
 2.70 
 
 1.20 
 
 2.80 
 
 Writing Paper Mfrs. 
 
 1.20 
 
 1.25 
 
 1.65 
 
 1.20 
 
 1.75 
 
 Glass Mfrs. (No plate or window) 
 
 .45 
 
 1.25 
 
 1.65 
 
 .30 
 
 1.75 
 
 Printers 
 
 .85 
 
 1.25 
 
 1.55 
 
 .60 
 
 1.75 
 
 Rubber Mfrs. 
 
 1.00 
 
 2.25 
 
 3.00 
 
 .63 
 
 3.15 
 
 Freight Handlers Stevedore 
 
 2.20 
 
 4.00 
 
 8.00 
 
 3.00 
 
 5.60 
 
 Lime Quarries Inc. Blasting, 
 
 
 
 
 
 
 Crushing 
 
 3.30 
 
 6.00 
 
 8.10 
 
 3.50 
 
 7.00 
 
 
 2 80 
 
 4 05 
 
 5 40 
 
 3 13 
 
 5 60 
 
 Clothing Mfrs. 
 
 .35 
 
 .60 
 
 .75 
 
 .27 
 
 .84 
 
 Mattress Mfrs. (No spring or wire) 
 
 .50 
 
 1.50 
 
 1.85 
 
 .73 
 
 2.10 
 
 Tobacco Mfrs. Chewing smoking 
 
 .50 
 
 .75 
 
 1.00 
 
 .32 
 
 1.05 
 
 Great Lakes Steamers 
 
 1.90 
 
 3.00 
 
 1.80 
 
 1.35 
 
 3.50 
 
 Scrap Iron Dealers (Shops or Yard). 
 
 3.80 
 
 6.00 
 
 8.10 
 
 4.20 
 
 8.40 
 
 Storage (Cold-grain) - 
 
 2.05 
 
 2.50 
 
 3.38 
 
 1.75 
 
 3.50 
 
 Furniture Mfrs. 
 
 1.00 
 
 2.00 
 
 2.50 
 
 .80 
 
 2.80 
 
 Wood Turners 
 
 1.00 
 
 2.25 
 
 2.80 
 
 .96 
 
 3.15 
 
 Totals $69.10 
 
 $131.85 
 
 $180.23 
 
 $83.08 
 
 $182.84 
 
 Ratio 
 
 1. 
 
 1.9 
 
 2.6 
 
 1.2 
 
 2.6 
 
 6 The State Liability Board of Awards in an authorized circular 
 says: 
 
 The Ohio State Compensation Rates are the lowest rates in 
 existence covering the protection afforded by the law. 
 
 All other states and all private companies, and some, even for 
 less protection (one-half wages indemnity instead of two-thirds 
 wages indemnity), charge rates from 40% to 250% higher. 
 
 The reason is that Ohio handles her own Insurance Fund and 
 provides Insurance at Cost.
 
 47 1 OHIO ACT. 181 
 
 181. Procedure as to injured employes. The 
 
 State Liability Board of Awards in devising the proce- 
 dure to be followed by workmen who are covered by the 
 act and who are injured in the due course of their em- 
 ployment, or by their dependents in case they are killed, 
 have divided the various claims that such workmen or 
 their dependents might have for compensations into five 
 groups, as follows : 
 
 I. Claims for compensation for injury not resulting 
 in death and which does not incapacitate the worker for 
 more than seven days ; 
 
 II. Claims for compensation in case of temporary 
 partial disability, temporary total disability, or perma- 
 nent partial disability; 
 
 III. Claims for compensation in cases of permanent 
 total disability; 
 
 IV. Claims for compensation in cases of death with- 
 out dependents; 
 
 V. Claims for compensation in cases of death with 
 dependents. 
 
 The Board has devised specific blank forms for each 
 class to be filed by those making claims which fall in the 
 five foregoing groups of claims. These forms are 
 grouped together according as the claim falls in the sepa- 
 rate groups, and are given in the succeeding sections in 
 the above named order. 
 
 182. Form of procedure on notices in general. 
 As soon as the check of the employer to pay the 
 premium prescribed in section 17 of the Ohio act is re- 
 ceived by the State Treasurer, the State Liability Board 
 of Awards sends him the following: 
 
 First, a notice by card that he is under the protection 
 of the State insurance plan; 
 
 Second, the blank forms: (a) first notice of injury 
 (filled out by injured person) ; (b) first notice of death
 
 183 WORKMEN'S COMPENSATION AND INSURANCE. 472 
 
 (filled out by physician, undertaker, administrator, or 
 beneficiary). 
 
 These forms of notices are given in the following 
 sections in the order named. 
 
 183. Form of first notice of injury. (a) ea 
 
 STATE LIABILITY BOARD OF AWARDS, 
 
 COLUMBUS, OHIO. 
 
 1. Name of injured person 
 
 Address 
 
 (Street and Number.) (Post Office.) 
 Sex Nationality Speak English? 
 
 2. Name of employer 
 
 Office address 
 
 (Street and Number.) (Post Office.) 
 Nature of business 
 
 3. Date of accident Hour of day M. 
 
 4. Exact location of place where accident happened? 
 
 5. How did accident happen? 
 
 6. State fully nature of injury 
 
 7. Is injured person able to work? If not when will 
 
 injured person be able to return to work? Probably in 
 
 weeks, days. (It is important that a careful answer 
 
 be given.) 
 
 8. Will injured person be able to take up regular employment 
 when he does return to work? If not, why? 
 
 9. Name of attending physician Address 
 
 10. If taken to hospital, give name and address of hospital 
 
 Name of injured person making this report. 
 
 6a This form must be filled out and mailed to the "State Liability 
 Board of Awards, Columbus, Ohio," within one week after date of 
 injury. See Rule 4 of said Board.
 
 473 OHI ACT - 184 
 
 184. Form of first notice of death, (b) 7 
 
 STATE LIABILITY BOARD OF AWARDS, 
 
 COLUMBUS, OHIO. 
 
 1. Name of deceased person 
 
 Who resided at 
 
 (Street and Number.) (Post Office.) 
 Sex Nationality Speak English? 
 
 2. Name of employer 
 
 Office address 
 
 (Street and Number.) (Post Office.) 
 Nature of business 
 
 3. Date of accident Hour of day M. 
 
 4. Exact location of place where accident happened? 
 
 5. How did accident happen? 
 
 6. State fully nature of injury which caused death of deceased 
 
 7. Give date of death , Hour of day M. 
 
 8. Name of attending physician Address 
 
 9. Did deceased have any one dependent upon him for support, 
 either wholly or partially? 
 
 Name of person making this report. 
 
 GROUP I. 
 
 FORMS WHERE EMPLOYE IS INCAPACITATED NOT TO EX- 
 CEED SEVEN DAYS. 
 
 185. Formal procedure for procuring medical, 
 nurse, and hospital services and medicines, without 
 compensation. 
 
 A workman who is covered by the act and whose in- 
 jury does not incapacitate him for a period longer than 
 seven days, is entitled to compensation from the state 
 insurance fund for medical, nurse and hospital services 
 and medicines in such amounts as the Board of Awards 
 
 7 Person making this report should state, on line below 
 signature, whether he or she is the attending physician, undertaker, 
 employer, executor, administrator or a beneficiary.
 
 186 WORKMEN'S COMPENSATION AND INSURANCE. 474 
 
 may deem proper, not, however, in any case to exceed 
 the sum of two hundred dollars. (See 23, 24 and 25 
 of the act.) 
 
 In cases of this character the application, notices and 
 forms which the board requires to be filled out are re- 
 spectively: (a) application for money to pay medical, 
 nurse and hospital services and medicines; (b) form for 
 physicians fee bill; (c) form for druggists cost bill; (d) 
 form for employers certificate and oath; (e) certificate 
 and oath of lay witness. The acknowledging officer is 
 charged with the duty to see that the blanks are filled 
 and the acknowledgment properly taken. 
 
 186. Form of application for money to pay for 
 medical, nurse and hospital services and medicines, with- 
 out compensation. (a) 7a 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 I, , of 
 
 (Name of Applicant) (Post Office) 
 
 , County of , State of Ohio, 
 
 (Street and Number) 
 
 do hereby make application for money to pay for medical, nurse 
 
 and hospital services and medicines for injuries received while in 
 
 the employ of , whose plant is situated at , 
 
 County of , State of Ohio. 
 
 ? a All the questions In this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter. 
 
 Applications for awards in all cases of injury not resulting in 
 death must be made by the party injured NOT LESS THAN TWO 
 WEEKS NOR MORE THAN THREE MONTHS after the injury is 
 received.
 
 475 OHI ACT - 
 
 I have incurred for said services and medicines for treatment 
 for the injury herein described the following bills: 
 
 Date To Whom Item Amount Bills Paid 
 
 Paid or Due. (Yes or No) 
 
 I enclose herewith all of the above bills properly made out, 
 sworn to, and, if paid, properly receipted. 
 1. Age? Sex? Color? Place of birth? 
 
 Married, single or divorced? Wife living? 
 
 Parent or guardian, if minor? 
 
 How many children living? Their ages? 
 
 Which of them are dependent upon you for support? 
 
 To what degree is each dependent? 
 
 2. What weekly wage were you receiving at time of injury? 
 
 3. How long had you been receiving such wages? 
 
 4. What work were you engaged in when injured? 
 
 5. How long had you been doing this work? 
 
 6. Was this your regular employment? 1. If not, 
 
 what was your regular employment? 8. When 
 
 did you enter employ of present employer? 
 
 9. With whom were you employed previous to this? 
 
 10. How long? 11. Were you skill- 
 ful in the labor being performed when the injury happened? 
 
 12. Describe the injury 
 
 13. Where did you go after accident? 
 
 14. When did you return to work?.! 15. How many 
 
 days were you disabled? 16. Did you return to 
 
 work as soon as you were able? 
 
 17. Name of attending physician Address 
 
 18. Date of accident 19. Hour of day , M. 
 
 20. State clearly the manner in which you were injured 
 
 21. Was accident caused by fault of fellow- workman? 
 
 22. Did the accident happen on the premises, or away from the 
 plant of your employer?
 
 187 WORKMEN'S COMPENSATION AND INSURANCE. 476 
 
 23. If away from the plant, state where, how and by whom injured 
 
 24. "Were you acting under the direction of a foreman? 
 
 Were you obeying orders? 
 
 25. Was accident caused by fault of machines or devices? 
 
 26. Name of machine, device, etc., causing accident 
 
 27. Describe fully its condition 
 
 28. Were all safeguards in their places at time you were hurt? 
 
 29. If any safeguard was removed, did you remove it or was it 
 removed by any of your fellow workmen, or superintendent or 
 foreman? 
 
 30. Name of manager of said plant Address 
 
 31. Name of foreman or superintendent in charge of department in 
 which I was injured Address 
 
 32. Names of three witnesses who witnessed the accident: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 I Witness: (Signed) 
 
 Applicant. ' 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, , a notary public in and for said county, 
 
 on this day of , 191__, personally appeared , 
 
 the above named applicant, who, first being duly sworn, declared 
 that the facts set forth in the foregoing application are true. 
 
 (Seal) 
 
 Notary Public. 
 My commission expires 
 
 187. Form of physician's fee bill, (b) 
 
 The following is an itemized account of professional services 
 
 rendered in connection with the treatment of injury to 
 
 j (Name of patient.) 
 
 of together with charges therefor: 
 
 (Full address of patient.) 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 . (Signature of Affiant.)
 
 477 O HI O ACT. 188 
 
 OATH. 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that he treated the injury to the above named person and that his 
 services were required and furnished on account of the purposes 
 above mentioned, and the same were necessary therefor, and that 
 the charges are reasonable and not more than he charges for like 
 services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__ 
 
 (Seal.) Notary Public. 
 
 My commission expires 
 
 188. Form of druggist's cost bill, (c) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 
 , of , together with charges 
 
 (Name of patient.) (Full address of patient.) 
 therefor: 
 
 Date. Items. Amount. 
 
 . \ 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that the above articles or services were required and furnished on 
 account of the purpose above mentioned, and the same were neces- 
 sary therefor, and that the charges are reasonable and not more than 
 he charges for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 Notary Public. 
 
 (Seal.) My commission expires 
 
 189. Form of employer's certificate and oath, (d) 8 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of employer Address 
 
 2. Nature of business _ 
 
 8 All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise,
 
 189 WORKMEN'S COMPENSATION AND INSURANCE. 478 
 
 3. Name of injured Address 4. Age Sex 
 
 Color Place of birth 5. Wages, or average 
 
 earnings per day? Working days per week? 
 
 6. How long had he been receiving such wages? 
 
 7. What work was he engaged in when injured? 
 
 8. How long had he been doing this work? 9. Was this 
 
 his regular employment? 10. If riot, what was his 
 
 regular employment? 11. Was he skilled in the 
 
 labor being performed when injury happened? 12. When 
 
 did he enter your employment? 13. How long have 
 
 you known him? 14. How long was injured per- 
 son disabled? days. 15. How long off duty? days. 
 
 16. What statement, if any, has injured person made? 
 
 17. Give accurate description of injury 
 
 18. Where was injured person taken after accident? (If to a hos- 
 pital, give name and address) 19. Who furnished 
 
 medicines? Address 
 
 20. Name of attending physician? Address 
 
 21. Date of accident Hour of day M. 
 
 22. Place of accident , County of , 
 
 Ohio, 23. Give full details as to how accident 
 
 happened 24. Was accident caused by fault 
 
 of fellow workman? 25. Did accident happen on 
 
 the premises, or at the plant, or in the course of employment, 
 
 or away from the plant? 26. If away from the 
 
 plant, state when, how and by whom injured? 
 
 27. Was injured person acting under direction of foreman or super- 
 intendent? 28. Names and addresses of witnesses: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 29. Was accident caused by fault of machines or devices? 
 
 30. Name of machine, device, etc., causing accident? 
 
 Its condition? 31. Were all safeguards in their 
 
 places at time of accident? 32. If any safeguard was removed, 
 by whom was it removed? 
 
 34. Manager of said plant Address 
 
 the^blank will be returned for correction. While all the informa- 
 tion asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter.
 
 479 OHIO ACT. 190 
 
 35. Foreman or superintendent in charge of department where de- 
 ceased was injured: Name Address 
 
 Witness: Signed 
 
 Employer. 
 By 
 
 (Name and official position of 
 
 person making this report.) 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on the 
 
 day of , 191 , personally appeared , 
 
 who, first being duly sworn, declared that the facts set forth in the 
 foregoing certificate, to which he has signed his name in my pres- 
 ence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 190. Form of certificate and oath of lay wit- 
 ness. (e) 9 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of witness making this report Address 
 
 What is your present occupation? 
 
 3. Name of employer Address 
 
 4. Are you related to injured person? In what way? 
 
 What interest, if any, have you in this claim? 
 
 5. Name of injured Address 
 
 6. Age Color Nationality 
 
 7. What work was he engaged in when injured? At what 
 
 weekly wage? $ 8. How long had he been doing this 
 
 work? 9. Was this his regular employment? 
 
 If not, what was his regular employment? 
 
 10. Was he skilled in the work being done at time of accident? 
 
 11. Describe the injury 12. Where did injured per- 
 son go after accident? 13. When did he return to work? 
 
 Did he return to work as soon as he was able? 
 
 14. Give full details as to how accident occurred 
 
 15. What in your estimation, was the immediate cause of the in- 
 jury? 16. Was accident caused by fault of any 
 
 fellow workman of injured person? If so, give name 
 
 and address. 17. Did accident happen on the premises, or at 
 the plant, or in the course of his employment, or away from 
 
 All questions in this blank should be answered, or if any ques- 
 tion can not be answered, reason for not answering should be given. 
 Fill out blank in ink, using pen or typewriter.
 
 191 WORKMEN'S COMPENSATION AND INSURANCE. 480 
 
 the plant? 18. If away from plant, state where and by whom 
 
 he was injured? 19. Give names of two other witnesses: 
 
 Name Address 
 
 Name Address 
 
 20. Was accident caused by fault of machines or devices? 
 
 21. Name of machine, device, etc., causing accident 
 
 Its condition? i 
 
 22. Were all safeguards in their places at time of accident? 
 
 23. If any safeguard was removed, by whom was it removed? 
 
 24. Manager of said plant: 
 
 Name Address 
 
 25. Foreman or superintendent in charge of department where de- 
 ceased was injured: 
 
 Name Address 
 
 In the presence of: Signed 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, , a notary public in and for said 
 
 county, on this day of , 191__, personally ap- 
 peared , who first being duly sworn, declared 
 
 that the facts set forth in the foregoing certificate, which he 
 
 signed in my presence, are true. 
 
 (Seal.) Notary Public. 
 
 My commission expires 
 
 GROUP II. 
 
 FORMS WHERE DISABILITY IS TEMPORARY PARTIAL, TEM- 
 PORARY TOTAL OR PERMANENT PARTIAL. 
 
 191. Formal procedure to obtain money to pay 
 for medical, nurse and hospital services and medicines, 
 with compensation. 
 
 A workman (or woman), who is covered by the act 
 and whose injury does incapacitate him for a period 
 longer than seven days, is entitled to be compensated 
 from the state insurance fund for medical, nurse and 
 hospital services and medicines in such amounts as the 
 Board of Awards may deem proper, not, however, in any 
 case to exceed the sum of two hundred dollars ($200)
 
 OHIO ACT. 192 
 
 and in cases of temporary partial disability, temporary 
 total disability, or permanent partial disability he is en- 
 titled to certain additional compensation based upon 66 
 and 2-3 per cent, of the impairment of his wages as set 
 forth in sections 23, 25, 26 and 31 of the act. 
 
 The forms prescribed by the board in this group of> 
 cases are as follows: (a) Application for money to pay 
 for expenses of sickness; (b) Employer's certificate and 
 oath; (c) Physician's fee bill; (d) Druggist's cost bill; ' 
 (e) Medical fee bill and hospital charges, and (f) Certi- 
 ficate and oath of lay witness. It is the duty of the offi- 
 cial taking the acknowledgments to the various forms 
 to see that the blanks are properly filled out and the ac- 
 knowledgment is properly taken. 
 
 192. Form of application for money to pay for 
 medical, nurse and hospital services and medicines, with 
 compensation, (a) 10 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 I, , of 
 
 (Name of Applicant.) (Post Office.) 
 
 , County of , State of Ohio, 
 
 (Street and Number) 
 
 do hereby make application for money to pay for medical, nurse and 
 hospital services and medicines and for compensation for injuries 
 
 received while in the employ of , whose plant is 
 
 at , County of , State of Ohio. 
 
 10 All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the informa- 
 tion asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter. 
 
 Applications for awards in all cases of injury not resulting in 
 death must be made by the party injured NOT LESS THAN TWO 
 WEEKS NOR MORE THAN THREE MONTHS after the injury Is 
 received. 
 
 31 BOTDWC
 
 192 WORKMEN'S COMPENSATION AND INSURANCE. 482 
 
 I have incurred for said services and medicines for treatment 
 for the injury herein described the following bills: 
 
 Date. To Whom Paid or Due. Item. Amount Bills Paid 
 
 (Yes or No) 
 
 I enclose herewith all of the above bills properly made out, 
 sworn to, and, if paid, properly receipted. 
 
 1. Age Sex Color Place of birth , 
 
 Married, single or divorced? Wife living? 
 
 How many children living? Their ages? 
 
 Which of them are dependent upon you for support? :_ 
 
 To what degree is each dependent? 
 
 2. What weekly wage were you receiving at the time of injury? 
 
 3. How long had you been receiving such wages? 
 
 4. Have you any other income? If so, how 
 
 much and from what source derived? 5. What 
 
 work were you engaged in when injured? 
 
 6. How long had you been doing this work 7. Was 
 
 this your regular employment? 8. If not, what was 
 
 your regular employment? 
 
 9. Have you ever received any other injury? If so, when, 
 
 where and what was its nature? 
 
 10. Have you had any recent sickness? If so, describe it and 
 
 give name of attending physician 
 
 11. Have you ever had a serious sickness? If so, what was f i 
 
 it, how long did it last, and who was attending physician? 
 
 12. Were you in good health at time of this accident? 
 
 13. When did you enter employ of present employer? 
 
 14. With whom were you employed previous to this? 
 
 15. How long? 16. Were you skilled in the labor being 
 
 performed when the injury happened? 17. When did 
 
 you return to work? 18. Were you able to take 
 
 up your regular employment? 19. Did you take up your 
 
 regular employment? At what daily wage? If 
 
 not, why not? And if not, what employment 
 
 did you take up? At what wage? 
 
 20. How soon will you be able to do the work you were doing when 
 injured and at the wages then received? 
 
 21. Is your new employment a temporary one or given you for tem- 
 porary convenience of yourself or employer, or is it a perma- 
 nent job?
 
 483 OHIO ACT. 192 
 
 22. What is the impairment of your earning capacity because of 
 
 this injury alone? Answer: I am now able to earn per 
 
 cent, and no more, of the wages I was able to earn before this 
 injury. This answer is based upon my actual disability and 
 not upon wages I am now receiving. 
 
 23. Fill out this scale: Because of the injury herein mentioned, 
 
 I was totally disabled for days; per 
 
 cent, disabled for days; and, per cent. 
 
 disabled for days. 
 
 24. Describe the injury 
 
 25. Where did you go after accident? 26. How many 
 
 days were you disabled? 27. Have you returned to 
 
 work? If not, when will you be able to return to 
 
 work? 28. When were you able to return to work? 
 
 29. Did you return to work as soon as you were 
 
 able? Why? 30. Name of attend- 
 ing physician Address 
 
 31. Date of accident Hour of day? M. 
 
 32. State clearly the manner in which you were injured 
 
 33. Was accident caused by fault of fellow workman? 
 
 34. Did the accident happen on the premises, or at the plant, or in 
 the course of your employment, or away from the plant of your 
 
 employer? 35. If away from the plant, state 
 
 where, how and by whom injured 
 
 36. Were you acting under the direction of a superintendent? 
 
 37. Was accident caused by fault of machines or devices? 
 
 38. Name of machine, device, etc., causing accident 
 
 Condition? 39. Were all safeguards in their places 
 
 at the time you were hurt? 40. If any safeguard was re- 
 moved, did you remove it or was it removed by any of your 
 fellow workmen, or superintendent or foreman? 
 
 41. Name of manager of said plant Address 
 
 42. Name of foreman or superintendent in charge of the department 
 in which I was injured Address 
 
 43. Names of three witnesses who witnessed the accident : 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 44. Have you previously received any compensation from the State 
 Insurance Fund? If so, when and how much? 
 
 45. Do you carry any accident insurance? If so, how much 
 
 and in what companies? 46. Are you a 
 
 member of any lodge? If so, what lodge or lodges? 
 
 Witness: . (Signed)
 
 193 WORKMEN'S COMPENSATION AND INSURANCE. 484 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public In and for said county, on this 
 
 day of , 191 , personally appeared , 
 
 the above named applicant, who, first being duly sworn, declares 
 that the facts set forth in the foregoing application are true. 
 
 (Seal.) 
 
 My commission expires 
 
 193. Form of employer's certificate and 
 oath, (b) 11 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of employer Address 
 
 2. Nature of business 
 
 3. Name of injured Address 
 
 4. Age Sex Color Place of birth 
 
 Married, single, or divorced? Wife or husband liv- 
 ing? How many children living? Their 
 
 ages? Which of them are dependent upon in- 
 jured person for support? To what degree is each 
 
 dependent? 
 
 5. What weekly wage was he receiving at time of injury? 
 
 6. How long had he been receiving such wages? 7. What 
 
 work was he engaged in when injured? 8. How long 
 
 had he been doing this work? 9. Was this his regular 
 
 employment? If not, what was his regular employ- 
 ment? 10. Was he skilled in the labor being 
 
 performed when injury happened? 11. When did he 
 
 enter your employment? 12. How long have you known 
 
 him? 13. With whom was he employed previous to 
 
 this? Address How long? 
 
 14. What statement, if any, has injured person made? 
 
 15. Has he ever laid off for sickness? If so, for how long a 
 
 time and what was his habit in this respect? 
 
 16. Has injured person returned to work? 17. How long 
 
 was he disabled? How long off duty? 
 
 18. If still off duty, when in your estimation, will he be able to re- 
 
 11 All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every in- 
 stance, yet it is necessary for other requirements of this department. 
 Fill out blank in ink, using pen or typewriter.
 
 OHIO ACT. 193 
 
 turn to work? 19. When did he return to work? 
 
 20. Was he able to take up his regular employ- 
 ment? If not, why not? If not, what em- 
 ployment did he take up? 21. At what weekly 
 
 wage? 22. How soon will he be able to do the work 
 
 he was doing when injured and at the wage then received? 
 
 i23. Was his new employment a temporary one or given him for 
 temporary convenience, or is it a permanent job? 
 
 24. What was the impairment of his earning capacity because of 
 
 this injury alone? Answer: He is now able to earn 
 
 per cent, and no more, of the wages he was able to earn before 
 this injury. This answer is based upon his actual disability, 
 and not upon the wages he is now receiving. 
 
 25. Fill out this scale: Because of the injury herein mentioned, 
 
 said injured person has been totally disabled for days; 
 
 % disabled for days; % disabled for days; 
 
 % disabled for days; and in my estimation he will be 
 
 % disabled for days longer. 26. Did he return to 
 
 , work as soon as he was able?: 27. Give accurate descrip- 
 tion of injury 
 
 28. Where was injured person taken after accident? (If to a hos- 
 pital, give name and address) 
 
 29. Who furnished medicines? Address 
 
 30. Names of attending physicians: 
 
 Name , Address 
 
 Name Address 
 
 31. Date of accident Hour of day M. 
 
 32. Place of accident: P. O , Street and No 
 
 County of , Ohio, Building 
 
 33. Give full details as to how accident happened 
 
 34. Was accident caused by fault of fellow workman? 
 
 35. Did accident happen on the premises, or at the plant, or in 
 the course of employment, or away from plant? 
 
 36. If away from plant, state when, how and by whom injured? 
 _ _ _______ _______ _ 
 
 37. Was injured person acting under direction of a superintendent? 
 38. Names and addresses of witnesses: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 39. Was accident caused by fault of machines or devices? 
 
 40. Name of machine, device, etc., causing accident? 
 
 Condition 41. Were all safeguards in their 
 
 places at time of accident? 42. If any safeguard was 
 
 removed, by whom was it removed? 
 
 43. Manager of said plant: Address
 
 194 WORKMEN'S COMPENSATION AND INSURANCE. 486 
 
 44. Foreman or superintendent in charge of department where de- 
 ceased was injured: 
 
 Address 
 
 Witness: Signed 
 
 Employer. 
 
 By 
 
 (Name and official position of 
 person making this report.) 
 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on the 
 
 day of , 191__, personally appeared , 
 
 who, first being duly sworn, declared that the facts set forth in the 
 foregoing certificate, to which he has signed his name in my pres- 
 ence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 194. Form of physician's fee bill, (c) 
 
 The following is an itemized account of professional services 
 
 rendered in connection with the treatment of injury to 
 
 (Name of patient.) 
 
 of together with charges therefor: 
 
 (Full address of patient.) 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , , being first duly cautioned and sworn, 
 
 says that he treated the injury to the above named person and that 
 his services were required and furnished on account of the purpose 
 above mentioned, and the same were necessary therefor, and that 
 the charges are reasonable and not more than he charges for like 
 services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires
 
 OHIO ACT. 195 
 
 195. Form of druggist's cost bill, (d) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 , of 
 
 (Name of patient.) (Full address of patient.) 
 
 together with charges therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 State of Ohio, County, ss : 
 
 , being first duly cautioned and sworn, 
 
 says that the above articles or services were required and furnished 
 on account of the purpose above mentioned, and the same were 
 necessary therefor, and that the charges are reasonable and not 
 more than he charges for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 196. Form of medical fee bill and hospital 
 charges, (e) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 of , 
 
 (Name of patient.) (Full address of patient.) 
 
 together with charges therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.
 
 197 WORKMEN'S COMPENSATION AND INSURANCE. 488 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, 
 
 says that is of , 
 
 (Official position.) (Name of hospital.) 
 
 of , and as such duly authorized in the premises; 
 
 (Address.) 
 
 that the above articles or services were required and furnished on 
 account of the purpose above mentioned, and the same were neces- 
 sary therefore, and that the charges are reasonable and not more 
 than is charged by affiant for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__. 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 197. Form of certificate and oath of lay wit- 
 ness. (f) 12 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of witness making this report Address 
 
 What is your present occupation? 
 
 2. Name of your employer? Address 
 
 3. Are you related in any way to injured person? If so, 
 
 in what way? What interest, if any, have you in this 
 
 claim? 
 
 4. Name of injured person Address 
 
 5. Age Color Nationality Married, 
 
 single or divorced? Wife or husband living? 
 
 How many children living? Their ages? 
 
 To what degree are each dependent? 
 
 6. What weekly wage was he receiving at time of injury? 
 
 7. How long had he been receiving such wages? 8. Has 
 
 he any other source of income? If so, how much and 
 
 from what source derived? 9. What work was 
 
 he engaged in at time of accident? 10. How long 
 
 had he been doing this work? 11. Was this his regu- 
 lar employment? If not, what was his regular em- 
 ployment? 12. Was he skilled in the work being 
 
 done at time of accident? 13. Has he ever received 
 
 any other injury to your knowledge? If so, when, where 
 
 12A11 questions in this blank should be answered, or if any 
 question can not be answered, reason for not answering should be 
 given. 
 
 Fill out blank in ink, using pen or typewriter.
 
 489 OHIO ACT. 197 
 
 and what was its nature? 14. Has he 
 
 ever had any serious sickness to your knowledge? 
 
 If so, what was it and how long did it last? 15. Has 
 
 he had any recent sickness to your knowledge? If so, 
 
 what was it and how long did it last? 16. Was he 
 
 in good health at time of accident? 17. When 
 
 did he return to work? Was he able to take up his 
 
 regular employment? If not, why not? And 
 
 what employment did he take up? At what weekly 
 
 wage? 18. When will he be able to take up the work 
 
 he was doing at time of injury? 19. What, in your 
 
 estimation, is the impairment of his earning capacity because 
 
 of this injury alone? Answer: He is now able to earn 
 
 per cent., and no more, of the wages he was able to earn prior 
 to this injury. This answer is based upon his actual disability 
 and not upon wages he is now receiving. 
 
 20. Was deceased a member of any lodge? If so, what lodge 
 
 or lodges? Did deceased carry any accident in- 
 surance? If so, how much and in what companies? 
 
 INJURY. 
 
 21. Describe the injury 
 
 22. Where did injured person go after accident ?- 
 
 23. Who was attending physician: 
 
 Name Address 
 
 24. Who furnished medicines: 
 
 Name _. Address 
 
 ACCIDENT. 
 
 25. Give full details as to how accident occurred? 
 
 26. What, in your estimation, was the immediate cause of the 
 injury ? 
 
 27. Was accident caused by fault of fellow workman of injured, 
 person? If so, give name Address 
 
 28. Did accident happen on the premises, or at the plant, or in the 
 course of his employment, or away from the plant? 
 
 29. If away from the plant, state where and by whom he was in- 
 jured? 30. Give names of two other witnesses: 
 
 Name Address 
 
 Name Address 
 
 MACHINERY. 
 
 31. Was accident caused by fault of machines or devices? 
 
 32. Name of machine, device, etc., causing accident 
 
 Condition _. 33. Were all safeguards in their places
 
 198 WORKMEN'S COMPENSATION AND INSURANCE. 490 
 
 at time of accident? 34. If any safeguard was removed, 
 
 by whom was it removed? Address 
 
 35. Manager of said plant: 
 
 Name Address 
 
 36. Foreman or superintendent in charge of department where de- 
 ceased was injured: 
 
 Name Address 
 
 In the presence of: 
 
 Signed 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, , a notary public in and for said 
 
 county, on this day of , 191__, personally ap- 
 peared who, first being duly sworn, declared 
 
 that the facts set forth in the foregoing certificate, which he signed 
 
 in my presence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 GROUP III. 
 FORMS IN CASES OF PERMANENT TOTAL DISABILITY. 
 
 198. Formal procedure to obtain compensation in 
 case of permanent total disability. 
 
 In cases of permanent total disability the workman is 
 entitled to compensation for medical, nurse and hospital 
 services and medicines in such amounts as the board 
 may deem proper, not however in any case to exceed the 
 sum of two hundred dollars ($200), and is entitled in 
 addition thereto to compe'nsation at the rate of 66 and 
 2-3 per cent, of the impairment of his average weekly 
 wage as long as total disability lasts, as made and pro- 
 vided in sections 23 and 27 of the act. 
 
 The forms prescribed in this group of cases are: (a) 
 Application for money to pay for medical, nurse and hos- 
 pital services and medicine, with compensation; (b) em-* 
 ployer's certificate and oath; (c) physician's fee bill; (d) 
 druggist's cost bill; (e) medical fee bill and hospital 
 charges, and (f) certificate and oath of lay witness. It
 
 49 1 OHIO ACT. 199 
 
 is the duty of the acknowledging official to see that the 
 blanks are properly filled and the acknowledgment prop- 
 erly taken. 
 
 199. Form of application for money to pay for 
 medical, nurse and hospital services and medicines, with 
 compensation, (a) 1 3 
 
 State Liability Board of Awards, Columbus, Ohio. 
 I, of , 
 
 (Name of Claimant) (Post Office) 
 
 , County of , State of Ohio, 
 
 (Street and Number) 
 
 by , , of claimant, 
 
 (Name of Applicant.) (Authority) 
 
 do hereby make application for money to pay for medical, nurse and 
 hospital services and medicines and for compensation for injuries 
 
 received while in the employ of whose plant is 
 
 situated at , County of , State of Ohio. 
 
 Said injuries have resulted in permanent total disability. 
 
 I have incurred for said services and medicines for treatment 
 for the injury herein described the following bills: 
 
 Date To Whom Paid or Due Item Amount Bill Paid 
 
 (Yes or No) 
 
 I enclose herewith all of the above bills properly made out, 
 sworn to, and, if paid, properly receipted. 
 
 1. Age Sex Color Place of birth? 
 
 Married, single or divorced? Wife or husband living? 
 
 How many children living? Their ages? 
 
 Which of them are dependent upon you for support? 
 
 is All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, 
 the blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every in- 
 stance, yet it is necessary for other requirements of this department. 
 Fill out blank in ink, using pen or typewriter. 
 Applications for awards in all cases of injury not resulting in 
 death must be made by the party injured NOT LESS THAN TWO 
 WEEKS NOR MORE THAN THREE MONTHS after the injury is 
 received.
 
 199 WORKMEN'S COMPENSATION AND INSURANCE. 492 
 
 To what degree is each dependent? , 
 
 2. What weekly wage were you receiving at time of injury? 
 
 3. How long had you been receiving such wages? 
 
 4. Have you any other income? If so, how much and from 
 
 what source derived? 5. What work were you en- 
 gaged in when injured? 6. How long had you been 
 
 doing this work? 7. Was this your regular em- 
 ployment? 8. If not, what was your regular employ- 
 ment? 9. Have you ever received any 
 
 other injury? If so, when, where, and what was its 
 
 nature? 10. Have you had any recent 
 
 sickness? If so, describe it and give name of attend- 
 ing physician 11. Have you ever had a 
 
 serious sickness? If so, what was it, how long did it 
 
 last, and who was attending physician? 
 
 12. Were you in good health at the time of this accident? 
 
 13. When did you enter employ of present employer? 
 
 14. With whom were you employed previous to this? 
 
 15. How long? 16. Were you skilled in the labor being 
 
 performed when the injury was sustained? 17. Did 
 
 permanent total disability ensue immediately after injury was 
 sustained? 18. If not, when did permanent total dis- 
 ability ensue? 19. Did you return to work before 
 
 permanent total disability ensued? When? 
 
 How long did you work? At what weekly wage? 
 
 20. What impairment of earning capacity resulted 
 
 from injury and lasted through the period last mentioned? 
 
 INJURY. 
 
 21. Describe the injury 
 
 22. Where did you go after accident? 
 
 23. Names of attending physicians: 
 
 Name Address 
 
 Name _. Address _ 
 
 ACCIDENT. 
 
 24. Date of accident Hour of day M. 
 
 25. State clearly the manner in which you were injured 
 
 26. Was accident caused by fault of fellow workmen? 
 
 27. Did accident happen on the premises, or at the plant, or in the 
 course of your employment, or away from the plant of your 
 
 employer? 28. If away from the plant, state 
 
 when, how and by whom injured 
 
 29. Were you acting under the direction of a superintendent or 
 foreman? _
 
 493 OHIO ACT. 199 
 
 MACHINERY. 
 
 30. Was accident caused by fault of machines or devices? 
 
 31. Name of machine, device, etc., causing accident? 
 
 Condition? 32. Were all safeguards in their 
 
 places at the time you were hurt? 33. If any safeguard 
 
 was removed, did you remove it or was it removed by any of 
 your fellow workmen, or superintendent or foreman? 
 
 34. Name of manager of said plant Address 
 
 35. Name of foreman or superintendent in charge of the department 
 in which injury was sustained Address 
 
 36. Names of three witnesses who witnessed the accident: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 37. Have you previously received any compensation from the State 
 Insurance Fund? If so, when and how much? 
 
 38. Do you carry any accident insurance? If so, how much 
 
 and in what companies? 39. Are you a mem- 
 ber of any lodge? If so, what lodge or lodges? 
 
 Witness: (Signed) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public, in and for said county, on this 
 
 day of , 191 , personally appeared , 
 
 the above named claimant, who, being first duly sworn, declared that 
 the facts set forth in. the foregoing application are true. 
 
 (Seal.) 
 
 Notary Public. 
 
 My commission expires 
 
 (Following oath to be made by person representing claimant 
 because of the latter's disability and consequent inability to make 
 application in person.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on this 
 
 day of , 19__, personally appeared , 
 
 representing the above named claimant, who first being duly sworn, 
 declared that , the above named claimant, is physi- 
 cally unable to make this application in person and that he therefore 
 
 acts in this representative capacity by authority , and 
 
 he further declared that the facts set forth in the foregoing applica- 
 tion are true. 
 
 (Seal.) ,. 
 
 Notary Public. 
 My commission expires
 
 2oo WORKMEN'S COMPENSATION AND INSURANCE. 494 
 
 200. Form of employer's certificate and 
 oath, (b) 14 
 
 State Liability Board of Awards, Columbus, Ohio. 
 1. Name of employer ---------- 2. Nature of business __________ 
 
 3. Name of injured ---------------- Address __________________ .__ 
 
 4. Age ------ Sex ------ Color ______ Place of birth ________ 
 
 Married, single, or divorced? ________ Wife or husband living? 
 
 ________ How many children living? ______ Their ages? ______ 
 
 Which of them are dependent upon injured person for support? 
 ------------ To what degree is each dependent? ------------- 
 
 5. What weekly wage was he receiving at time of injury? --------- 
 
 6. How long had he been receiving such wages? -------- 7. What 
 
 work was he engaged in when injured? ---------- 8. How long 
 
 had he been doing this work? ________________ 9. Was this his 
 
 regular employment? ________ If not, what was his regular 
 
 employment? ______________ 10. Was he skilled in the labor 
 
 being performed when injury happened? ------ 11. When did 
 
 he enter your employment? __________ 12. With whom was he 
 
 employed previous to this? ____________ How long? ---------- 
 
 13. What statement, if any, has injured person made? ------------- 
 
 14. Has he ever laid off for sickness? ______ If so, for how long a 
 
 time and what was his habit in this respect? __________________ 
 
 15. Did permanent disability ensue immediately after injury was 
 sustained? ______ If not, when did permanent disability ensue? 
 
 ____________ 16. Did injured person return to work before 
 
 permanent disability ensued? ________ When? __________ How; 
 
 long did he work? ____________ At what weekly wage? -------- 
 
 17. What impairment of earning capacity resulted from injury and 
 lasted through period last mentioned? Answer: He was able 
 to earn __________ per cent., and no more, of his former wage. 
 
 This statement is based upon his actual disability. 
 
 18. Give accurate description of injury __________________________ 
 
 19. Where was injured person taken after accident? (If to a hos- 
 pital give name and address) ______________ 20. Who furnished 
 
 medicines? _________ . __________ Address -------------------- 
 
 i* All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must be 
 given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter.
 
 495 OHI ACT - 
 
 21. Names of attending physicians: 
 
 Name Address 
 
 Name Address 
 
 22. Date of accident Hour of day M. 
 
 23. Place of accident: P. O , Street and No 
 
 County of , Ohio, Building 
 
 24. Give full details as to how accident happened 
 
 25. Was accident caused by fault of fellow workman? 
 
 26. Did accident happen on the premises, or at the plant, or in the 
 
 course of employment, or away from plant? 27. If 
 
 away from the plant, state when, how and by whom injured? 
 
 28. Was injured person acting under direction of a superintendent? 
 
 29. Names and addresses of witnesses: 
 
 Name Address 
 
 Name Address 
 
 Name Address . 
 
 30. Was accident caused by fault of machines or devices? 
 
 31. Name of machine, device, etc., causing accident? 
 
 Condition? 32. Were all safeguards in their 
 
 places at time of accident? 33. If any safeguard was re- 
 moved, by whom was it removed? 
 
 34. Manager of said plant Address 
 
 35. Foreman or superintendent in charge of department where de- 
 ceased was injured: 
 
 Name Address 
 
 Witness: Signed 
 
 Employer. 
 
 By 
 
 (Name and official position of 
 person making this report.) 
 
 OATH. 
 
 State of Ohio, _ County, ss: 
 
 Before me, a notary public in and for said county, on the 
 
 day of , 191__, personally appeared , 
 
 who, first being duly sworn, declared that the facts set forth in the 
 foregoing certificate, to which he has signed his name in my pres- 
 ence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires
 
 2Oi WORKMEN'S COMPENSATION AND INSURANCE. 496 
 201. Form of physician's fee bill, (c) 
 
 The following is an itemized account of professional services 
 
 rendered in connection with the treatment of injury to 
 
 (Name of patient.) 
 of together with charges therefor: 
 
 (Full address of patient.) 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that he treated the injury to the above named person and that his 
 services were required and furnished on account of the purpose 
 above mentioned, and the same were necessary therefor, and that 
 the charges are reasonable and not more than the charges for like 
 services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 202. Form of druggist's cost bill, (d) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 
 , of , together with charges 
 
 (Name of patient.) (Pull address of patient.) 
 therefor : 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.)
 
 497 OHIO ACT. 203 
 
 OATH. 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that the above articles or services were required and furnished on 
 account of the purpose above mentioned, and the same were neces- 
 sary therefor, and that the charges are reasonable and not more than 
 lie charges for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 203. Form of medical fee bill and hospital 
 charges, (e) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 
 , of , together with 
 
 (Name of patient.) (Full address of patient.) 
 
 charges therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that is of , 
 
 (Official position.) (Name of hospital.) 
 
 of , and as such duly authorized in the prem- 
 
 (Address.) 
 
 ises; that the above articles or services were required and furnished 
 on account of the purpose above mentioned, and the same were 
 necessary therefor, and that the charges are reasonable and not more 
 than is charged by affiant for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of. ., 191__ 
 
 Notary Public. 
 
 (Seal.) My commission expires 
 
 32 BOTD w c
 
 2O4 WORKMEN'S COMPENSATION AND INSURANCE. 498 
 
 204. Form of certificate and oath of lay wit- 
 ness (f). 15 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of witness making this report Address 
 
 What is your present occupation? 
 
 2. Name of employer Address 
 
 3. Are you related in any way to injured person? If so, in 
 
 what way What interest have you in this claim? 
 
 4. Name of injured person Address 
 
 5. Age Color Nationality Married, single 
 
 or divorced? Wife or- husband living? How many chil- 
 dren living? Their ages To what degree are 
 
 each dependent? 6. What weekly wage was he 
 
 receiving at time of injury? 7. How long had he been 
 
 receiving such wages? 8. Has he any other source of 
 
 income? If so, how much and from what source derived? 
 
 9. What work was he engaged in at time of 
 
 accident? 10. How long had he been doing this 
 
 work? 11. Was this his regular employment? 
 
 If not, what was his regular employment? 12. Was 
 
 he skilled in the work being done at time of accident? 
 
 ~~13. Has he ever received any other injury to your knowledge? 
 
 If so, when, where and what was its nature? 
 
 14. Has he ever had any serious sickness to your knowledge? 
 
 If so, what was it and how long did it last? 
 
 15. Has he had any recent sickness to your knowledge? 
 
 If so, what was it and how long did it last? 16. Was 
 
 he in good health at time of accident? 17. Did perma- 
 nent total disability ensue immediately after injury was sus- 
 tained? If not, when did permanent total disability 
 
 ensue? 18. Did he return to work before permanent 
 
 total disability ensued? When? How long did 
 
 he work? At what weekly wage? 19. What 
 
 impairment of earning capacity resulted from injury and lasted 
 through the period last mentioned? Answer: He was able to 
 
 earn per cent., and no more, of the wage he was earning 
 
 when injured. 
 
 20. Was deceased a member of any lodge? If so, what lodge 
 
 or lodges? Did deceased carry any accident insur- 
 ance? If so, how much and in what companies? 
 
 21. Describe the injury , 
 
 1 5 A11 questions in this blank should be answered, or if any ques- 
 tion can not be answered, reason for not answering should be given. 
 Fill out blank in ink, using pen or typewriter.
 
 499 HI A CT. 204 
 
 22. Where did injured person go after accident? 
 
 23. Names of attending physicians: 
 
 Name Address 
 
 24. Date of accident? Hour of day? M. 
 
 25. Give full details as to how accident occurred? 
 
 26. What, in your estimation, was the immediate cause of the 
 
 injury? 27. Was accident caused by fault of any 
 
 fellow workman of injured person If so, give name 
 
 Address 
 
 28. Did accident happen on the premises, or at the plant, or in the 
 course of his employment, or away from the plant? 
 
 29. If away from the plant, state where and by whom he was 
 
 injured? 30. Give names of two other witnesses: 
 
 Name Address 
 
 Name Address 
 
 31. Was accident caused by fault of machines or devices? 
 
 32. Name of machine, device, etc., causing accident 
 
 Condition 33. Were all safeguards in their places 
 
 at time of accident? 34. If any safeguard was removed, 
 
 by whom was it removed? 
 
 35. Manager of said plant: Address 
 
 36. Foreman or superintendent in charge of department where de- 
 I ceased was injured: Address 
 
 In the presence of: Signed 
 
 OATH. 
 
 State of Ohio, - County, ss: 
 
 Before me, , a notary public in and for said 
 
 county, on this day of , 191__, personally appeared 
 
 who, first being duly sworn, declared that the 
 
 facts set forth in the foregoing certificate, which he signed in 
 
 my presence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires __ 
 
 GROUP IV. 
 FORMS IN CASES OF DEATH WITHOUT DEPENDENTS. 
 
 205. Forms to obtain money to pay for medical, 
 hospital and funeral expenses only. 
 
 Where a workman (or woman) covered by the act 
 receives an injury causing death within two years after 
 the accident and leaves no dependents, then the disburse-
 
 206 WORKMEN'S COMPENSATION AND INSURANCE. 500 
 
 ments that shall be made on account of such an accident 
 shall be limited to any sum not to exceed two hundred 
 dollars ($200) for medical, hospital and nurse services 
 and medicines, and to any sum not to exceed one hun- 
 dred and fifty dollars for funeral expenses, as the Lia- 
 bility Board of Awards may deem proper. See 28, par. 
 1, 23 and 24 of the act. 
 
 In this group of cases the forms to be filled out and 
 filed with the board are* (a) Application for money 
 paid for medical, nurse and hospital services and medi- 
 cines and for funeral expenses; (b) undertaker's certifi- 
 cate of death and cost bill; (c) witness's certificate in 
 proof of death; (d) physician's certificate of death; (e) 
 employer's certificate and oath; (f) physician's fee bill; 
 (g) druggist's cost bill; (h) medical fee bill and hospital 
 charges, and (i) certificate and oath of lay witness. It 
 is the duty of the officer taking the acknowledgment to 
 see that the blanks are properly filled and the acknowl- 
 edgment properly taken. 
 
 206. Form of application for money paid for 
 medical, nurse and hospital services and medicines and 
 for funeral expenses, without award, (a) 16 
 State Liability Board of Awards, 
 
 Columbus, Ohio, 
 
 I, of 
 
 (Name of Applicant) (Post Office) 
 
 , County of , State of Ohio. 
 
 (Street and Number) 
 
 16A11 the questions in this blank form must be answered, or 
 if any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every in- 
 stance, yet it is necessary for other requirements of this department. 
 
 Application for awards in all cases of injury resulting in death 
 must be made by the executor or administrator or beneficiary of the 
 deceased, or by the attending physician or undertaker where there is 
 no beneficiary, NOT LESS THAN TWO WEEKS NOR MORE THAN 
 SIX MONTHS after the death of the injured employe. 
 
 Fill out blank in ink, using pen or typewriter.
 
 5OI OHIO ACT. 2O6 
 
 do hereby make application for money to pay for medical, nurse and 
 hospital services and medicines and for funeral expenses for 
 
 of , State of Ohio, who was 
 
 (Killed or Injured) 
 
 while in the employ of whose plant is situated at 
 
 , County of , State of Ohio, and who died at 
 
 o'clock M. on the day of , 191 
 
 My relation to deceased is 
 
 The reasons why this application is made by me and not by 
 
 another are : 
 
 (Answer must be full and complete) 
 
 There has been incurred for said services and medicines for 
 treatment for the injury herein described and for funeral expenses 
 the following bills: 
 
 Date To whom Paid or Due Item Amount Bills Paid 
 
 (Yes or No) 
 
 I enclose herewith all of the above bills properly made out, 
 sworn to, and, if paid, properly receipted. 
 
 1. Age? Sex Color? Place 
 
 of birth? Married, single or divorced? 
 
 Wife or husband living? How many children liv- 
 ing Their ages? 
 
 DECEASED HAD NO DEPENDENTS. 
 
 2. What weekly wage was deceased receiving at the time of injury? 
 
 $ 3. How long had deceased been receiving such 
 
 wages 4. Had deceased any other income? 
 
 If so, how much and from what source derived? 
 
 5. What work was deceased engaged in when injured? 
 
 6. How long had deceased been doing this work? 
 
 7. Was this his regular employment? 8. If not, what 
 
 was his regular employment? 9. When did de- 
 ceased enter employment of present employer? 
 
 10. With whom was he employed previous to this? Name 
 
 Address 11. How long? 12. Was de- 
 ceased skilled in the labor performed when injury was sus r 
 tained? 
 
 13. How long did disability caused by injury last before death 
 
 ensued? 14. State if there was partial recovery 
 
 and how long it lasted 
 
 15. Did deceased return to work? 16. How long did
 
 206 WORKMEN'S COMPENSATION AND INSURANCE. 502 
 
 deceased remain at work? 17. At what weekly 
 
 wage? 
 
 18. When at work he was able to earn per cent, of the 
 
 wages received before injury, and no more. This statement is 
 based upon decedent's actual earning capacity, and not merely 
 upon wages received. 19. Did deceased receive any compensa- 
 tion from the State Insurance Fund? 20. How 
 
 much? 21. Describe the injury which caused death 
 
 of deceased 
 
 22. Where was deceased taken after accident? 
 
 23. Names of attending physicians: 
 
 Ndme Address 
 
 Name Address 
 
 24. Name of undertaker Address 
 
 25. Who furnished medicines? Address 
 
 26. Date of accident Hour of day M. 
 
 27. State clearly the manner in which accident occurred 
 
 28. Was accident caused by fault of fellow workman? 
 
 29. Did accident happen on the premises, or at the plant, or in 
 the course of employment of deceased, or away from the plant 
 
 of the employer? 30. If away from the plant, state 
 
 when, how and by whom injured 
 
 31. Was deceased acting under direction of a superintendent? 
 
 31. Was accident caused by fault of machines or devices? 
 
 32. Name of machine, device, etc., causing accident? 
 
 Condition 
 
 33. Were all safeguards in their places at the time deceased was 
 hurt? 
 
 34. If any safeguard was removed, did deceased remove it or was it 
 removed by any fellow workman of deceased, or superintend- 
 ent or foreman? 
 
 35. Name of manager of said plant Address 
 
 36. Name of foreman or superintendent in charge of department in 
 
 which deceased was injured 
 
 Address 
 
 37. Name of three witnesses who witnessed the accident : 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 88. Was deceased a member of any lodge? If so, what
 
 503 OHIO ACT. 207 
 
 lodge or lodges? 39. Did deceased carry any acci- 
 dent insurance? If so, how much and in what 
 
 companies? 
 
 Witness: 
 
 (Signed) __ 
 
 OATH. 
 
 State of Ohio, County, ss : 
 
 Before me, a notary public in and for said county, on this 
 
 day of , 191__, personally appeared , the 
 
 above named applicant, who being duly sworn, declared that the 
 facts set forth in the foregoing application are true. 
 
 Notary Public. 
 (Seal) 
 
 My commission expires 
 
 207. Form of undertaker's certificate of death and 
 cost bill, (b) 
 
 State of Ohio, County, ss: 
 
 , of , 
 
 (Name of undertaker.) 
 says that he is a duly licensed undertaker of , Ohio, at 
 
 ; that as such he was required on 
 
 (Street and number.) 
 
 the day of , 191 , to prepare the dead body 
 
 of for burial; that he placed said body in a coffin and 
 
 placed said coffin, containing the said body, in a in 
 
 cemetery at , State of 
 
 Affiant further says that the following is a true and accurate 
 account of articles furnished and services rendered in connection 
 with the preparation and burial of said body, and the charges there- 
 for; that such articles and services were required and furnished on 
 account of the purpose above mentioned and the same were neces- 
 sary therefor, and that the charges are reasonable and not more 
 than he charges for like services in other instances. 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.)
 
 208 WORKMEN'S COMPENSATION AND INSURANCE. 504. 
 
 OATH. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 208. Form of lay witness's certificate in proof of 
 death, (c) 
 
 1. Name of deceased in full 
 
 Sex Color 
 
 2. How long have you known the deceased 
 
 3. (a) Age at death years, (b) Names and ages of 
 
 children 
 
 4. Place of death (Give street number, city or town, and state) : 
 Street City or town State 
 
 5. (a) Occupation at the time of death 
 
 (b) Nationality 
 
 ' 6. Date when you first saw deceased after injury 
 
 7. Date when you last saw deceased after injury 
 
 8. Date of death 
 
 9. (a) What caused death? 
 
 (b) How long after injury? 
 
 10. Did you see the body of the deceased and did you identify it as 
 
 that of the injured workman at 
 
 while in the employ of 
 
 of 
 
 11. Was a coroner's inquest held Name of coroner 
 
 Address 
 
 12. What physician attended deceased? 
 
 Name Address 
 
 Name Address 
 
 13. Was health of deceased impaired by intemperance or any perni- 
 cious habit? If so, what? 
 
 14. Have you any interest in this claim? 
 
 15. Have you stated all the material facts connected in any way 
 with this death? 
 
 16. So far as you know is there any reason to suspect that this case 
 is not a perfectly fair one, and above all suspicion of conceal- 
 ment of necessary facts and information? 
 
 Dated this day of , 191 
 
 <i Attending Physician.
 
 55 OHIO ACT. 209 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 On this day of , A. D. 191__, personally 
 
 appeared before me, the above named , physician in reg- 
 ular standing, and made oath that the answers by him above made 
 and subscribed are true. 
 
 Notary Public. 
 My commission expires 
 
 209. Form of physician's certificate in proof of 
 death, (d) 17 
 
 1. Name of the deceased in full 
 
 Sex Color 
 
 2. (a) How long have you known the deceased 
 
 (b) How long have you been medical adviser of deceased? 
 
 3. (a) Age at death years, (b) Married or single 
 
 (c) Names and ages of children 
 
 4. Place of death (Give street number, city or town, and state) : 
 Street City or town State 
 
 5. (a) Occupation at the time of death 
 
 (b) Nationality 
 
 6. Date of your first visit or prescription 
 
 7. Date of your last visit 
 
 8. Date of death 
 
 9. (a) State the remote cause of death__ 
 
 (b) State explicitly the immediate cause of death 
 
 10. Did you see the body of the deceased and did you identify it as 
 
 that of the injured workman at 
 
 while in the employ of , of ? 
 
 11. Was a coroner's inquest held? Name of coroner 
 
 Address 
 
 12. Was deceased attended by any other physician during last 
 illness? If so, state his name and address 
 
 13. Was health of deceased impaired by intemperance or any perni- 
 cious habit? If so, what? 
 
 14. Have you any interest in this claim? 
 
 i7To be filled out by the attending physician of deceased. 
 Fill in all blanks with ink, using pen or typewriter.
 
 2io WORKMEN'S COMPENSATION AND INSURANCE. 506 
 
 15. Have you stated all the material facts connected In any way 
 with this death? 
 
 16. So far as you know is there any reason to suspect that this case 
 is not a perfectly fair one, and above all suspicion of conceal- 
 ment of necessary facts and information? 
 
 Dated this day of__ ., 191__ 
 
 Attending Physician. 
 Degree? Year College 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 On this day of , A. D. 191, person- 
 ally appeared before me, the above named , physician 
 
 in regular standing, and made oath that the answers by him above 
 made and subscribed are true. 
 
 Notary Public. 
 My commission expires 
 
 210. Form of employer's certificate and 
 oath, (e) 18 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of employer Address 
 
 2. Nature of business 
 
 3. Name of deceased 4. Age Sex 
 
 Color Place of birth How many chil- 
 dren living Their ages? 
 
 DECEASED HAD NO DEPENDENTS. 
 
 5. What weekly wage was deceased receiving at time of injury? 
 
 6. How long had he been receiving such wages? 
 
 7. What work was he engaged in when injured? 
 
 8. How long had he been doing this work? 9. Was this 
 
 his regular employment? If not, what was his regular 
 
 employment? 10. Was he skilled in the labor being 
 
 performed when injury happened? 11. When did he 
 
 enter your employment? 12. With whom was he 
 
 is All the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, 
 the blank will be returned for correction. While all the informa- 
 tion asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter.
 
 507 OHIO ACT. 2IO 
 
 employed previous to this? Name 
 
 Address How long 
 
 13. How long did disability caused by injury last before death 
 
 ensued? 14. State if there was partial recovery 
 
 and how long it lasted? 15. Did deceased return 
 
 to work? How long did he remain at work before death? 
 
 At what weekly wage? 16. What impairment 
 
 of earning capacity resulted from injury and lasted from date 
 of return to work until death of deceased? Answer: He was 
 able to earn per cent., and no more, of his former wage. 
 
 17. Was deceased a member of any lodge? ^ If so, what lodge 
 
 or lodges? Did deceased carry accident insurance? 
 
 If so, how much and in what companies? 
 
 18. Give accurate description of injury which caused death 
 
 19. Where was deceased taken after accident? (If to a hospital, 
 
 give name and address) 20. Who furnished 
 
 medicines? Address 
 
 21. Names of standing physicians: 
 
 Name Address 
 
 Name : Address 
 
 22. Name of undertaker Address 
 
 23. Date of accident Hour of day M. 
 
 24. Place of accident, P. O Street and No 
 
 County of , Ohio, Building. 
 
 25. Give full details as to how accident happened 
 
 26. Was accident caused by fault of fellow workman? 
 
 27. Did accident happen on the premises, or at the plant, or in the 
 
 course of employment, or away from plant? 28. If 
 
 away from plant, state when, how and by whom injured? 
 
 29. Names and addresses of witnesses : 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 30. Was accident caused by fault of machine or devices? 
 
 31. Name of machine, device, etc., causing accident 
 
 Condition 32. Were all safeguards in their places at 
 
 time of accident? 33. If any safeguard was removed, by 
 
 whom was it removed? 34. Manager of said plant: 
 
 Name Address 
 
 35. Foreman or superintendent In charge of department where de- 
 ceased was injured: 
 
 Name Address 
 
 Witness: Signed 
 
 Employer. 
 
 By 
 
 (Name and official position of person making this report.)
 
 2ii WORKMEN'S COMPENSATION AND INSURANCE. 508 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on the 
 
 day of , 191 , personally appeared , 
 
 who, first being duly sworn, declared that the facts set forth in the 
 foregoing certificate, to which he has signed his name in my pres- 
 ence are true. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 211. Form of physician's fee bill, (f) 
 
 The following is an itemized account of professional services 
 
 rendered in connection with the treatment of injury to 
 
 (Name of patient.) 
 
 of together with charges therefor: 
 
 (Full address of patient.) 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, 
 
 says that he treated the injury to the above named person and that 
 his services were required and furnished on account of the purpose 
 above mentioned, and the same were necessary therefor, and that the 
 charges are reasonable and not more than he charges for like 
 services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 (Seal) 
 
 Notary Public. 
 My commission expires 
 
 212. Form of druggist's cost bill, (g) 
 
 The following is an itemized account of medicines furnished 
 and services rendered in connection with the treatment of injury to
 
 5O9 OHIO ACT. 213 
 
 of , together with charges 
 
 (Name of patient.) (Full address of patient.) 
 therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, says 
 
 that the above articles or services were required and furnished on 
 account of the purpose above mentioned, and the same were neces- 
 sary therefor, and that the charges are reasonable and not more than 
 he charges for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires , 
 
 213. Form of medical fee bill and hospital 
 charges, (h) 
 
 The following is an itemized account of medicines furnished and 
 services rendered in connection with the treatment of injury to 
 
 , of , together with charges 
 
 (Name of patient.) (Full address of patient.) 
 
 therefor : 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and sworn, 
 
 says that is of , 
 
 (Official position.) (Name of hospital.)
 
 214 WORKMEN'S COMPENSATION AND INSURANCE. 510 
 
 , and as such duly authorized in the premises; that the 
 
 (Address.) 
 
 above articles or services were required and furnished on account of 
 the purpose above mentioned, and the same were necessary therefor, 
 and that the charges are reasonable and not more than is charged 
 by affiant for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 214. Form of certificate and oath of lay witness. 
 CO 19 . 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of witness making this report Address 
 
 2. What is your present occupation? Name of employer 
 
 Address 
 
 I 3. Are you related in any way to injured person? If so, in 
 
 what way? 4. What interest, if any, have you in 
 
 this claim? 
 
 5. Give name of deceased Age Color 
 
 Nationality 
 
 DECEASED HAD NO DEPENDENTS. 
 
 6. What weekly wages was deceased receiving at time of injury? 
 
 7. What work was deceased engaged in when injured? 
 
 How long had he been doing this work? 
 
 8. Was this his regular employment? If not, what was his 
 
 regular employment? 9. Was he skilled in the work 
 
 being done at time of accident? 10. How long did dis- 
 ability caused by injury last before death ensued? 
 
 11. State if there was a partial recovery and how long it lasted 
 
 _1 12. Did deceased return to work? 13. How 
 
 long did he remain at work? At what weekly wage? 
 
 14. When at work he was able to earn per 
 
 i cent, of the wages received before injured and no more. This 
 statement is based upon the actual earning capacity of deceased 
 and not merely upon the wages received. 
 
 15. Did deceased receive any compensation from the Slate Insur- 
 ance Fund? How much?__. 16. Was deceased a 
 
 iAll questions in this blank should be answered, or if any 
 question can not be answered, reason for not answering should be 
 given. 
 
 Fill out blank in ink, using pen or typewriter.
 
 OHIO ACT. 214 
 
 member of any lodge? If so, what lodge or lodges? 
 
 17. Did deceased carry any accident insurance? If so, how 
 
 much and in what companies? 
 
 18. Describe injury which caused death of deceased 
 
 19. Where was deceased taken after accident? (If to a hospital, 
 give name and address) 
 
 20. Who furnished medicines? 
 
 Name Address 
 
 21. Names of attending physicians: 
 
 Name Address 
 
 Name Address 
 
 22. Name of undertaker Address 
 
 23. Date of accident Hour of day M. 
 
 24. Did you witness the accident? 25. Give full details as to 
 
 how accident occurred 26. What, in your esti- 
 mation, was the immediate cause of the injury? 
 
 27. Was accident caused by fault of any fellow workman of de- 
 ceased? If so, give name? 28. Did acci- 
 dent occur on the premises, or at the plant, or in the course of 
 
 his employment, or away from the plant? 29. If 
 
 away from plant, state where and by whom he was injured? 
 
 30. Give names of two other witnesses: 
 
 Name Address 
 
 Name Address 
 
 31. Was accident caused by fault of machines or devices? 
 
 32. Name of machine, device, etc., causing accident 
 
 Condition 33. Were all safeguards in their places at 
 
 time of accident? 34. If any safeguard was removed, by 
 
 whom was it removed? 
 
 35. Manager of said plant Address 
 
 36. Foreman or superintendent in charge of department where de- 
 ceased was injured: 
 
 Name Address 
 
 In the presence of: Signed 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, , a notary public in and for said 
 
 county, on this day of , 191, personally ap- 
 peared who, first being duly sworn, declared that 
 
 the facts set forth in the foregoing certificate, which he signed 
 
 in my presence, are true. 
 
 (Seal.) 
 
 Notary Public. 
 
 My commission expires
 
 215 WORKMEN'S COMPENSATION AND INSURANCE. 512 
 
 GROUP v. 
 
 FORMS IN CASES OF DEATH WITH DEPENDENTS. 
 
 215. Form of procedure to obtain compensation 
 and money to pay for medical, hospital and funeral ex- 
 penses. 
 
 Where a workman (or work-woman), covered by 
 the act has received an injury causing death within two 
 years after the accident and left dependents, the dis- 
 bursements to the dependents on account of such an ac- 
 cident are limited to any sum not to exceed two hun- 
 dred dollars ($200) for medical, nurse and hospital serv- 
 ices and medicines and to any sum not to exceed one 
 hundred and fifty dollars ($150) for funeral expenses as 
 the Liability Board of Awards may deem proper and 
 compensation at 662-3 per cent, of his average weekly 
 wage for six years. 19a 
 
 In this group of cases the forms prescribed by the 
 board are as follows : (a) Application for money paid for 
 medical, nurse and hospital services and medicines and 
 for funeral expenses; (b) proof of dependents; (c) un- 
 dertaker's certificate of death and cost bill; (d) lay wit- 
 ness's certificate in proof of death; (e) physician's certifi- 
 cate in proof of death; (f) employer's certificate and 
 oath; (g) physician's fee bill; (h) druggist's cost bill; (i) 
 medical fee bill and hospital bill; (j) certificate and oath 
 of lay witness. It is the duty of the officer taking the 
 acknowledgment to these forms to see that they are 
 properly filled out and the acknowledgment properly 
 taken. 
 
 216. Form of application for money paid for 
 medical, nurse and hospital services and medicines and 
 for funeral expenses, with awards. 20 (a) 
 
 !S> a See ante 171 and thereunder 28, par. 2, 3, and 23, 24, 29, 
 30 and 31. 
 
 20A11 the questions in this blank form must be answered, or if 
 any question can not be answered, reason for not answering must
 
 513 OHI A CT. 216 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 I, ------------------ , of _____________________________________ , 
 
 (Name of Applicant) (Post Office) (Street and Number) 
 
 County of ---------------- , State of Ohio, do hereby make applica- 
 
 tion for money to pay for medical, nurse and hospital services and 
 for funeral expenses for __________________ of ___________________ , 
 
 State of Ohio, who was __________________ while in the employ of 
 
 (Killed or Injured) 
 ------------ whose plant is situated at __________ , County of ________ , 
 
 Ohio, and who died at ______ o'clock ______ M. on the ______ day of 
 
 ______________ , 191__. 
 
 I also make application for an award as provided in Section 28 
 of the Act creating the State Insurance Fund. This application is 
 made for the benefit of the dependents hereinafter named and is 
 made by me and not by another upon the authority and for the rea- 
 sons here given : ------------------------------------------------- 
 
 (Here state fully relationship of applicant to deceased, legal status 
 and other reasons why particular person is applicant herein.) 
 
 The following persons were partly or wholly dependent upon 
 deceased at the time of his death: 
 
 Relation Age Place of Birth 
 Name _. __| 
 
 Address --------------------------- 1 
 
 Partly or wholly? __________ In what amount per week? 
 
 In money or other aid? __________________ What? 
 
 Name ------------------------------ 1 
 
 Address --------------------------- 1 
 
 Partly or wholly? __________ In what amount per week? $ ---------- 
 
 In money or other aid? ------------------ What? ------------------ 
 
 There has been incurred for said services and medicines for 
 
 be given. This requirement must be complied with. Otherwise, 
 the blank will be returned for correction. While all the informa- 
 tion asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank in ink, using pen or typewriter. 
 
 Application for awards in all cases of injury resulting in death 
 must be made by the executor or administrator or beneficiary of the 
 decedent, or by the attending physician or undertaker where there is 
 no beneficiary, NOT LESS THAN TWO WEEKS NOR MORE THAN 
 SIX MONTHS after the death of the injured employe. 
 
 33 BOYD W C
 
 216 WORKMEN'S COMPENSATION AND INSURANCE. 514 
 
 treatment for the Injury herein described and for funeral expenses 
 the following bills: 
 
 Date To Whom Paid or Due Item Amount Bill Paid 
 
 (Yes or No) 
 
 I enclose herewith all of the above bills properly made out, 
 sworn to, and, if paid, properly receipted. 
 
 1. Deceased's age Sex Color Place of birth 
 
 Married, single or divorced? Wife or husband living? 
 
 2. What weekly wage was deceased receiving at time of injury? 
 
 3. How long had deceased been receiving such wages? 
 
 4. Had deceased any other income? If so, 
 
 how much and from what source derived? 5. What 
 
 work was deceased engaged in when injured? 6. How 
 
 long had deceased been doing this work? 7. Was this 
 
 his regular employment? If not, what was his regular 
 
 employment? 8. Had deceased ever received any 
 
 other injury? If so, when and where and what was its 
 
 nature? 9. Had deceased any recent sickness? 
 
 If so, describe it and give name of attending physician 
 
 10. Had deceased ever had a serious sickness? If so, what 
 
 was it and how long did it last? 
 
 Give names of attending physicians: 
 
 Name Address 
 
 Name Address 
 
 11. Was deceased in good health at the time of this accident? 
 
 12. When did deceased enter employ of present employer? 
 
 13. With whom was he employed previous to this? Name 
 
 Address How long 
 
 14. Was deceased skilled in the labor being performed when injury 
 
 was sustained? 15. How long did disability caused by 
 
 injury last before death ensued? 16. State if there 
 
 was partial recovery and how long it lasted? 
 
 17. Did deceased return to work? How long did deceased 
 
 remain at work? At what weekly wage? 
 
 18. When at work he was able to earn per cent, of the 
 
 wages received before injury, and no more. This statement is 
 based upon the actual earning capacity of deceased and not 
 merely upon wages received. 19. Did deceased receive any 
 
 compensation from the State Insurance Fund? 20. How 
 
 much? $ 
 
 21. Describe the injury which caused death of deceased 
 
 22. Where was deceased taken after accident
 
 515 OHIO ACT. 2l6 
 
 23. Names of attending physicians: 
 
 Name Address 
 
 Name Address 
 
 24. Who furnished medicines? Address 
 
 25. Name of undertaker Address 
 
 26. Date of accident Hour of day M. 
 
 27. State clearly the manner in which accident occurred 
 
 28. Was accident caused by fault of fellow workman? 
 
 29. Did accident happen on the premises, or at the plant, or in the 
 course of employment of deceased, or away from the plant of 
 
 the employer? 30. If away from the plant, state 
 
 when, how and by whom injured? 31. Was de- 
 ceased acting under direction of a superintendent? 
 
 32. Was accident caused by fault of machines or devices? 
 
 33. Name of machine, device, etc., causing accident 
 
 Condition? 34. Were all safeguards in their 
 
 places at the time deceased was hurt? 35. If any safe- 
 guard was removed, did deceased remove it or was it removed 
 by any fellow workman of deceased, or superintendent or fore- 
 man? _ 
 
 36. Name of manager of said plant Address 
 
 37. Name of foreman or superintendent in charge of department in 
 which deceased was injured Address 
 
 38. Names of three witnesses who witnessed the accident: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 39. Was deceased a member of any lodge? If so, what lodge 
 
 or lodges? 40. Did deceased carry any accident 
 
 insurance? If so, how much and in what companies? 
 
 Witness: Signed 
 
 Applicant. 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on this 
 
 day of , 191__, personally appeared , 
 
 the above named applicant, who, being duly sworn, declared that the 
 facts set forth in the foregoing application are true. 
 
 (Seal.) 
 
 Notary Public. 
 
 My commission expires 
 
 (Note The official taking this acknowledgment is cautioned to 
 see that this blank is properly filled out and that the acknowledg- 
 ment is properly taken.)
 
 217 WORKMEN'S COMPENSATION AND INSURANCE. 516 
 
 OATH. 
 
 (Additional oath to be made by dependents capable of understand- 
 ing the nature of an oath.) 
 
 State of Ohio, County, ss: 
 
 Before me, a notary public in and for said county, on this 
 
 day of , 191 , personally appeared 
 
 and and 
 
 and and 
 
 being all of the above named dependents capable of understanding 
 the nature of an oath, who, being first duly sworn, declared that the 
 facts set forth in this application are true. 
 
 Sworn to before me and subscribed in my presence on this 
 
 day of , 191__. 
 
 (Seal.) 
 
 Notary Public. 
 My commission expires 
 
 217. Form of proof of dependents, (b) 
 
 State of Ohio, County, ss: 
 
 On this day of , 191__, personally appeared 
 
 before me, a within and for the county aforesaid, 
 
 , who being duly sworn according to law, de- 
 clares that he resides in , County of , 
 
 State of Ohio, and that he was acquainted with 
 
 of , who died on , 191__, as the result 
 
 of an injury received on , 191 , while in the employ 
 
 of of 
 
 Affiant also declares that he knows who were dependent 
 
 upon for support and to what degree dependent, 
 
 and that they are as follows : 
 
 1. Name How dependent? 
 
 Address In what degree? 
 
 Relation In money or other aid? 
 
 Age Birthplace In what weekly amount? $ 
 
 2. Name How dependent? 
 
 Address In what degree? 
 
 Relation In money or other aid? 
 
 Age __ Birthplace In what weekly amount? $ 
 
 Affiant further declares that he has no interest whatever in 
 
 the prosecution of this claim. 
 
 (Signature of Affiant.)
 
 5*7 OHIO ACT. 2l8 
 
 OATH. 
 
 Sworn to and subscribed before me this day of , 
 
 191 I have no interest whatever in the prosecution of this claim. 
 (Seal.) 
 
 (Notary Public.) 
 My commission expires 
 
 218. Form of undertaker's certificate of death and 
 cost bill, (c) 
 
 State of Ohio, County, ss: 
 
 of T 
 
 (Name of undertaker.) 
 
 says, that he is a duly licensed undertaker of , 
 
 Ohio, at that as such he was required 
 
 (Street and number.) 
 
 on the day of , 191__, to prepare the dead 
 
 body of for burial; that he placed said body in a coffin 
 
 and placed said coffin, containing the said body, in a in 
 
 cemetery at_: , State of 
 
 Affiant further says that the following is a true and accurate 
 account of articles furnished and services rendered in connection 
 with the preparation and burial of said body, and the charges there- 
 fbr; that such articles and services were required and furnished on 
 account of the purpose above mentioned and the same were neces- 
 sary therefor, and that the charges are reasonable and not more 
 than he charges for like services in other instances. 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 OATH. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 219. Form of lay witness's certificate in proof of 
 death, (d) 
 
 1. Name of deceased in full 
 
 Sex__ __Color__
 
 219 WORKMEN'S COMPENSATION AND INSURANCE. 518 
 
 2. How long have you known the deceased? 
 
 3. (a) Age at death years, (b) Names and ages of 
 
 children . 
 
 4. Place of death (Give street number, city or town, and state) : 
 Street ------------- City or town ____________ State ____________ 
 
 5. (a) Occupation at the time of death __________________________ 
 
 (b) Nationality __________________________ 
 
 6. Date when you first saw deceased after injury ________________ 
 
 7. Date when you last saw deceased after injury ________________ 
 
 8. Date of death _______________________________________________ 
 
 9. (a) What caused death? _____________________________________ 
 
 (b) How long after injury? ---------------------------------- 
 
 10. Did you see the body of the deceased and did you identify it as 
 that of the injured workman at ------------------------------ 
 
 ______________ while in the employ of ------------------------ 
 
 of _________________________________________________________ 
 
 11. Was a coroner's inquest held? ________________ Name of coroner 
 
 ____________________ Address ________________________________ 
 
 12. What physicians attended deceased? 
 
 Name ________________________ Address ______________________ 
 
 Name ________________________ Address ______________________ 
 
 13. Was health of deceased impaired by intemperance or any perni- 
 cious habit? ____________________ If so, what? _________________ 
 
 14. Have you any interest in this claim? _________________________ 
 
 15. Have you stated all the material facts connected in any way 
 with this death? ____________________________________________ 
 
 16. So far as you know is there any reason to suspect that this 
 case is not a perfectly fair one, and above all suspicion of con- 
 cealment of necessary facts and information? _________________ 
 
 Dated this ____________ day of ____________ , 191 
 
 Attending Physician. 
 OATH. 
 
 State of Ohio, ------------ County, ss: 
 
 On this ____________ day of ____________ , A. D. 191__, personally 
 
 appeared before me, the above named ---------------- , physician in 
 
 regular standing, and made oath that the answers by him above 
 made and subscribed are true. 
 
 Notary Public. 
 
 My commission expires.
 
 519 OHIO ACT. 22O 
 
 220. Form of physician's certificate in proof of 
 death, (e) 21 
 
 Fill in all blanks with ink, using pen or typewriter. 
 
 1. Name of the deceased in full 
 
 Sex Color 
 
 2. (a) How long have you known the deceased? 
 
 (b) How long have you been medical adviser of deceased? 
 
 3. (a) Age at death years, (b) Married or single 
 
 (c) Names and ages of children.- 
 
 4. Place of death (Give street number, city or town, and state) : 
 
 Street ^ , 
 
 City or town . State 
 
 5. (a) Occupation at the time of death 
 
 (b) Nationality 
 
 6. Date of your first visit or prescription 
 
 7. Date of your last visit 
 
 8. Date of death 
 
 9. (a) State the remote cause of death 
 
 (b) State explicitly the immediate cause of death 
 
 10. Did you see the body of the deceased and did you identify it as 
 
 that of the injured workman at while in the 
 
 employ of , of ? 
 
 11. Was a coroner's inquest held? Name of coroner 
 
 Address 
 
 12. Was deceased attended by any other physician during last 
 illness? If so, state his name and address 
 
 13. Was health of deceased impaired by intemperance or any perni- 
 cious habit? If so, what? 
 
 14. Have you any interest in this claim? 
 
 15. Have you stated all the material facts connected in any way 
 with this death? 
 
 16. So far as you know is there any reason to suspect that this 
 case is not a perfectly fair one, and above all suspicion of con- 
 cealment of necessary facts and information? 
 
 Dated this day of , 191 
 
 Attending Physician. 
 Degree? Year College 
 
 21 To be filled out by the attending physician of deceased.
 
 221 WORKMEN'S COMPENSATION AND INSURANCE. 520 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 On this day of , A. D. 191__, personally 
 
 appeared before me, the above named , physician in 
 
 regular standing, and made oath that the answers by him above 
 made and subscribed are true. 
 
 Notary Public. 
 My commission expires 
 
 221. Form of employer's certificate and 
 oath, (f) 22 . 
 
 State Liability Board of Awards, Columbus, Ohio. 
 
 1. Name of employer 
 
 Address 
 
 2. Nature of business 
 
 3. Name of deceased Address when living 
 
 4. Age Sex Color Place of birth 
 
 Married, single, or divorced? Wife or 
 
 husband living? How many children living? 
 
 Their ages? Which of them are dependent upon 
 
 injured person for support? 
 
 To what degree is each dependent? 
 
 5. What weekly wage was deceased receiving at time of injury? 
 
 6. How long had he been receiving such wages? 
 
 7. What work was he engaged in when injured? 
 
 8. How long had he been doing this work? 
 
 9. Was this his regular employment? 
 
 If not, what was his regular employment? 
 
 10. Was he skilled in the labor being performed when injury 
 happened? 11. When did he enter your employ- 
 ment? 12. With whom was he employed previous 
 
 to this? How long? 
 
 13. How long did disability caused by injury last before death 
 
 ensued? 14. State if there was partial recovery 
 
 and how long it lasted? 15. Did deceased return 
 
 22A11 the questions in this blank form must be answered, or 
 if any question can not be answered, reason for not answering must 
 be given. This requirement must be complied with. Otherwise, the 
 blank will be returned for correction. While all the information 
 asked for may not be necessary to make up full proof in every 
 instance, yet it is necessary for other requirements of this depart- 
 ment. 
 
 Fill out blank, using ink or typewriter.
 
 521 OHIO ACT. 221 
 
 to work? How long did he remain at work before 
 
 death? At what weekly wage? 16. 
 
 What impairment of earning capacity resulted from injury and 
 lasted from date of return to work until death of deceased? 
 
 Answer: He was able to earn per cent, and no more, of 
 
 his former wage. 
 
 17. Give accurate description of injury which caused death 
 
 18. Where was deceased taken after accident? (If to a hospital, 
 give name and address) 
 
 19. Who furnished medicines? Address 
 
 20. Names of attending physicians : 
 
 Name Address . 
 
 Name Address 
 
 21. Date of accident Hour of day M. 
 
 22. Place of accident: P. , Street and No 
 
 County of , Ohio, Building. 
 
 23. Give full details as to how accident happened 
 
 24. Was accident caused by fault of fellow workman 
 
 25. Did accident happen on the premises, or at the plant, or In 
 the course of employment, or away from plant? 
 
 26. If away from the plant, state when, how and by whom injured? 
 
 27. Names and addresses of witnesses: 
 
 Name Address . 
 
 Name Address 
 
 Name Address 
 
 28. Was accident caused by fault of machines or devices? 
 
 29. Name of machine, device, etc., causing accident? 
 
 Condition ? 
 
 30. Were all safeguards in their places at time of accident? 
 
 31. If any safeguard was removed, by whom was it removed? 
 
 32. Manager of said plant Address 
 
 33. Foreman or superintendent in charge of department where 
 deceased was injured: 
 
 Name Address 
 
 Witness: 
 
 (Signed) 
 
 Employer. 
 
 By 
 
 (Name and official position of 
 person making this report.)
 
 222 WORKMEN'S COMPENSATION AND INSURANCE. 522 
 
 OATH. 
 
 State of Ohio, County, as: 
 
 Before me, a notary public in and for said county, on the 
 
 day of , 191__, personally appeared 
 
 who, first being duly sworn, declared that the facts set forth in the 
 foregoing certificate, to which he has signed his name in my pres- 
 ence, are true. 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 222. Form of physician's fee bill, (g) 
 
 The following is an itemized account of professional services 
 
 rendered in connection with the treatment of injury to 
 
 of 
 
 (Name of patient.) (Full address of patient.) 
 
 together with charges therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and 
 
 sworn, says that he treated the injury to the above named person 
 and that his services were required and furnished on account of the 
 purpose above mentioned, and the same were necessary therefor, 
 and that the charges are reasonable and not more than he charges 
 for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__ 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 223. Form of druggist's cost bill, (h) 
 
 The following is an itemized account of medicines furnished 
 and services rendered in connection with the treatment of injury to
 
 523 OHIO ACT. 224 
 Of 
 
 (Name of patient.) (Full address of patient.) 
 
 together with charges therefor: 
 
 Date. Items. Amount. 
 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 OATH. 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and 
 
 sworn, says that the above articles or services were required and 
 furnished on account of the purpose above mentioned, and the same 
 were necessary therefor, and that the charges are reasonable and not 
 more than he charges for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__ 
 
 Notary Public. 
 (Seal.) My commission expires 
 
 224. Form of medical fee bill and hospital 
 charges, (i) 
 
 The following is an itemized account of medicines furnished 
 and services rendered in connection with the treatment of injury to 
 , of 
 
 (Name of patient.) (Full address of patient.) 
 
 together with charges therefor: 
 
 Date. Items. Amount. 
 
 (Please receipt, if paid.) 
 (Items should be written out fully. Do not abbreviate.) 
 
 (Signature of Affiant.) 
 OATH. 
 
 State of Ohio, County, ss: 
 
 , being first duly cautioned and 
 
 sworn, says that is of . 
 
 (Name of hospital) (Official position)
 
 225 WORKMEN'S COMPENSATION AND INSURANCE. 524 
 
 of , and as such duly authorized in the premises; 
 
 (Address.) 
 
 that the above articles or services were required and furnished on 
 account of the purpose above mentioned, and the same were neces- 
 sary therefor, and that the charges are reasonable and not more than 
 is charged by affiant for like services in other instances. 
 
 Sworn to before me and subscribed in my presence, this 
 
 day of , 191__ 
 
 Notary Public, 
 (Seal.) My commission expires 
 
 225. Form of certificate and oath of lay wit- 
 ness. (j) 23 
 
 State Liability Board of Awards, 
 
 Columbus, Ohio. 
 1. Name of witness making this report 
 
 Address 
 
 2. What is your present occupation? 
 
 i Name of employer Address 
 
 3. Are you related in any way to deceased If so, in 
 
 what way? What interest, if any, have you in 
 
 this claim? 
 
 4. Name of deceased Address when living? 
 
 5. Age Color Nationality 
 
 Married, single, or divorced? 
 
 Wife or husband living? 
 
 6. What weekly wage was he receiving at time of injury? 
 
 7. How long had he been receiving such wages? 
 
 8. Has he any other source of income? If so, how 
 
 much and from what source derived 9. What 
 
 work was he engaged in at time of accident 
 
 10. How long had he been doing this work? 
 
 11. Was this his regular employment? If not, 
 
 what was his regular employment? 12. Was he 
 
 skilled in the work being done at time of accident? 
 
 13. Has he ever received any other injury to your knowledge? 
 
 If so, when, where and what was its nature? 
 
 14. Has he ever had any serious sickness to your 
 
 knowledge? If so, what was it and how long did it 
 
 23A11 questions in this blank should be answered, or if any 
 question can not be answered, reason for not answering should be 
 given. 
 
 Fill out blank in ink, using pen or typewriter.
 
 525 OHIO ACT. 225 
 
 last 15. Has he had any recent sickness to your 
 
 knowledge? If so, what was it and how long did 
 
 it last? 16. Was he in good health at time of acci- 
 dent? 17. How long did disability caused by injury 
 
 last before death ensued? 18. State if there was 
 
 partial recovery and how long it lasted 19. Did 
 
 deceased return to work? How long did deceased 
 
 remain at work? At what weekly wage? 
 
 20. When at work he was able to earn per cent, of the 
 
 wages received before injury, and no more. This statement is 
 based upon actual earning capacity of deceased, and not merely 
 upon the wages received. 21. Did deceased receive any com- 
 pensation from the State Insurance Fund How 
 
 much? 22. Was deceased a member of any lodge? 
 
 If so, what lodge or lodges? 
 
 Did deceased carry any accident insurance? If so, 
 
 how much and in what companies? 
 
 23. The following persons were partly or wholly dependent upon 
 
 deceased at the time of h death: . 
 
 Relation Age Place of Birth 
 
 Name _ 
 
 Address 
 
 Partly or wholly In what amount per week? $ 
 
 In money or other aid? What?. 
 
 Name _ 
 
 Address 
 
 Partly or wholly In what amount per week? $ 
 
 . In money or other aid? What?. 
 
 24. Describe injury which caused death of deceased 
 
 25. Where was deceased taken after accident?. 
 
 (If to a hospital give name and address.) 
 
 26. Names of attending physicians: 
 
 Name Address 
 
 Name Address 
 
 27. Who furnished medicines Address 
 
 28. Undertaker ^ Address 
 
 29. Date of accident Hour of day M. 
 
 30. Did you witness the accident? 
 
 31. Give full details as to how accident occurred
 
 225 WORKMEN'S COMPENSATION AND INSURANCE. 526 
 
 32. What, in your estimation, was the immediate cause of the in- 
 jury? 
 
 33. Was accident caused by fault of any fellow workman of de- 
 ceased? If so, give name and address 
 
 34. Did accident happen on the premises, or at the plant, or in the 
 course of his employment, or away from the plant? 
 
 35. If away from plant, state where and by whom he was injured? 
 
 36. Give names of two other witnesses : 
 
 Name Address 
 
 Name Address 
 
 37. Was accident caused by fault of machines or devices? 
 
 38. Name of machine, device, etc., causing accident 
 
 Condition 
 
 39. Were all safeguards in their places at time of accident? 
 
 40. If any safeguard was removed, by whom was it removed? 
 
 41. Manager of said plant: 
 
 Name Address 
 
 42. Foreman or superintendent in charge of department where 
 deceased was injured: 
 
 Name Address 
 
 In the presence of: 
 
 Signed 
 
 OATH. 
 
 State of Ohio, County, ss: 
 
 Before me, , a notary public in and for said county, 
 
 on this day of , 191 , personally appeared 
 
 , who, first being duly sworn, declared that the facts set 
 
 forth in the foregoing certificate, which he signed in my pres- 
 ence, are true. 
 
 Notary Public. 
 (Seal.) My commission expires
 
 CHAPTER XII. 
 
 THE WISCONSIN WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 226. Nature and scope of Wis- 237. 
 
 consin act. 
 
 227. Text of Wisconsin work- 238. 
 
 men's compensation act 
 
 with construction of its 239. 
 
 provisions. 
 
 228. The opinion of the Supreme 
 
 Court of Wisconsin sus- 240. 
 taining constitutionality 
 of act. 
 
 229. Decisions of commission 
 
 Construction of word "em- 
 ployment." 241. 
 
 230. Decisions of commission 
 
 Powers of commission 
 Review of awards Con- 
 struction of word "em- 242. 
 ployment." 
 
 231. Decisions of commission 243. 
 
 Construction of "wilful 
 misconduct." 244. 
 
 232. Decisions of commission 
 
 Construction of word 245. 
 "support." 
 
 233. Decisions of commission 
 
 Construction of "casual 
 employment" and time of 246. 
 serving "notice." 
 
 234. Decisions of commission 
 
 Meaning of "support" "de- 
 pendents." 247. 
 
 235. Procedure under the act 
 
 Rules of practice. 
 
 236. Circular letter to employ- 248. 
 
 ers by the commission in 
 explanation of its rules of 249. 
 practice. 
 
 527 
 
 Formal procedure under 
 Wisconsin act. 
 
 Form of employer's written 
 acceptance, (a) 
 
 Form of employer's notice 
 of withdrawal from oper- 
 ation of act. (b) 
 
 Form of notice that em- 
 ployer has filed notice of 
 election to become sub- 
 ject to provisions of act. 
 (c) 
 
 Form of notice by employ- 
 er to the commission of 
 compliance with the law. 
 (d) 
 
 Form of first report ol ac- 
 cident, (e) 
 
 Form of supplementary re- 
 ports on accident, (f) 
 
 Form of answer to appli- 
 cation, (g) 
 
 Form of notice by employg 
 that he elects to be sub- 
 ject to provisions of act. 
 (h) 
 
 Form of notice of employfi 
 upon entering employ- 
 ment that he elects not to 
 be subject to act. (1) 
 
 Form of notice to employer 
 of claim for injury under 
 act.(j) 
 
 Form of application for ad- 
 justment of claim, (k) 
 
 Form of accident report Of 
 casualty company. (1)
 
 226 WORKMEN'S COMPENSATION AND INSURANCE. 528 
 
 Sec. Sec. 
 
 250. Form of notice of hearing. 253. Form of notice of the entry 
 
 (m) of findings and award 
 
 251. Form of subpoena, (n) made by commission, (p) 
 
 252. Form of admission of serv- 
 
 ice, (o) 
 
 226. Nature and scope of Wisconsin act. This 
 act allows an election by the employer. Employes be- 
 come subject to the provisions of the act thirty days 
 after the employer's election to accept its provisions. 
 By affirmative statement filed with his employer, the 
 employe may become subject to the act immediately 
 after his employer's election. The employe is also per- 
 mitted, within thirty days after his employer's action, to 
 file a refusal. The employer's liability to pay the com- 
 pensation in lieu of other liability, occurs in cases where 
 both employer and employe are subject to the provisions 
 of the act and the injury is received while the employe 
 is performing services growing out of and incidental 
 to his employment, and the injury is proximately 
 caused by the accident and not by wilful misconduct. 
 Fees and costs of court proceedings on the award may 
 be granted at the discretion of a reviewing court. The 
 award is entitled to preference over the unsecured debts 
 of the employer. The employer who does not elect to be 
 bound to pay the compensation provided by the act is 
 denied the right to the common-law defenses of assump- 
 tion of risk and fellow servant 1 in suits brought by em- 
 ployes for injuries. In cases where the employer has 
 filed his acceptance of the act, the refusal of an employe 
 to come under its provisions restores to the employer 
 the defenses of assumption of risk and fellow servant's 
 negligence as to that particular employe. 1 * 
 
 The employer may not obtain exemption from 
 these provisions by contracts, rules or regulations. 
 
 i When four or more workmen are employed, post p. 529. 
 
 la The Industrial Commission of Wisconsin reports it as a fact 
 that up to September 1, 1912, no employe has availed himself of this 
 option.
 
 529 WISCONSIN ACT. 227 
 
 A certified copy of the award may be filed by either 
 party in the circuit court, whereupon the court shall 
 enter judgment for the amount without notice, and 
 this judgment shall have the effect of ordinary 
 judgments entered on the trial of causes. The award 
 or judgment on the award may be revived on the 
 ground that the commission acted without or in excess 
 of its powers, or that the award was procured through 
 fraud, or that the finding of facts by the commission 
 does not support the award. An appeal lies from the 
 judgment of review in the same manner as appeals from 
 the orders of the circuit court. 
 
 227. Text of Wisconsin workmen's compensation 
 act with construction of its provisions. This act be- 
 came effective September 1, 1911, and provides: 
 
 Section 1. Abrogation of Defenses. There are 
 added to the statutes thirty-two new sections to read: 
 Section 2394 1. In any action to recover damages for 
 a personal injury sustained within this state by an em- 
 ploye while engaged in the line of his duty as such, or 
 for death resulting from personal injury so sustained, in 
 which recovery is sought upon the ground of want of 
 ordinary care of the employer, or of any officer, agent, or 
 servant of the employer, it shall not be a defense: 
 
 1. That the employe either expressly or impliedly as- 
 sumed the risk of the hazard complained of. 
 
 2. When such employer has at the time of the acci- 
 dent in a common employment four or more employes, 
 that the injury or death was caused in whole or in part 
 by the want of ordinary care of a fellow servant. 
 
 Any employer who has elected to pay compensation 
 as hereinafter provided shall not be subject to the pro- 
 visions of this section 2394 1. 
 
 Section 2394 2. No contract, rule, or regulation, 
 shall exempt the employer from any of the provisions of 
 the preceding section of this act. 
 
 34 BOYD W C
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 530 
 
 Note by the Committee The object of these two sections is to 
 destroy two of the common-law defenses now in existence in ac- 
 tions brought by an employe against his employer to recover dam- 
 ages for or on account of an injury. These two defenses are com- 
 monly known as assumption of the risk and negligence of a fellow 
 servant The tendency throughout the United States in the last 
 ten years has been to destroy these defenses for the reason that they 
 are considered unjust to employe's. The following states have ab- 
 rogated or modified the defense of fellow servant's negligence: 
 Arkansas, Colorado, Florida, Georgia, Iowa, Kansas, Minnesota, Mis- 
 souri, Montana, Nebraska, Nevada, North Carolina, North Dakota, 
 Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia and 
 Wisconsin. The defense of assumption of the risk has been de- 
 stroyed or modified in many of the above states. The bill now rec- 
 ommended absolutely destroys these two defenses in all actions 
 between employer and employe on account of negligence. The de- 
 stroying of these two defenses will affect principally the large em- 
 ployer in industries carried on with a large amount of machinery 
 and many employes. There will be little or no effect upon the 
 employer who has but one employs and a small amount of ma- 
 chinery. If the employer or employe" is acting under the provisions 
 of that part of the bill beginning with section 2394 4 known as the 
 optional portion of the compensation bill, these defenses will have 
 no force or effect, because no defenses apply to that portion of the 
 bill. Consequently this part of the bill (sections 2394 1 and 2394 
 2) applies to all persons who have not elected to accept the pro- 
 visions beginning with section 2394 4. 
 
 Under this provision of the bill (sections 2394 1 and 2394 2) 
 in case of injury to an employ6, in order to recover, it would be 
 necessary for him to prove that his employer was negligent, that 
 is, that there was want of ordinary care on the part of his em- 
 ployer which directly or proximately caused the injury complained 
 of. If the employe succeeded in so proving, then the employer, in 
 order to defeat recovery, would be allowed to show that the em- 
 ploye was so negligent, that is, that there was want of ordinary 
 care upon the part of the employe" which directly contributed to 
 the injury. And if this were established it would defeat the action. 
 Also, if it were shown that there was no want of ordinary care on 
 the part of the employer which directly caused the injury, the em- 
 ploye" would be defeated. It would therefore be absolutely neces- 
 sary to establish two facts in order for an employe" to recover: (1) 
 That there was want of ordinary care on the part of the employer 
 which directly caused the injury; (2) That there was no want of 
 ordinary care on the part of the employe" which directly contrib- 
 uted to his injury. 
 
 Under this proposed law, if the employe" hereafter proves that 
 his injury was directly caused by the negligence of a fellow serv- 
 ant, the employer will be liable. Also if the employe" establishes
 
 53 l WISCONSIN ACT. 22/ 
 
 that his injury was directly caused by the want of ordinary care 
 on the part of his employer, it will not be a defense to show that the 
 employe assumed the risk of such want of ordinary care upon the 
 part of the employer. The committee feels that it would be harsh 
 to the average manufacturers having many employes, to wipe out 
 these two defenses without offering some method whereby the lia- 
 bility incurred by the employer might be definitely fixed. 
 
 Note by the commission The bill as first drafted did not con- 
 tain the provision limiting the taking away of the defense only to 
 employers having four or more employes in a common employment. 
 The reason for the limitation may probably be found in the origin 
 of the fellow servant doctrine, i. e., that the employ^, being closely 
 associated with his fellow servants, had a better opportunity to 
 observe the habits of his fellow laborers and to guard against their 
 negligence than had the employer. As labor conditions became 
 more complex and great numbers of men were engaged in a com- 
 mon employment, the reason for the rule ceased to exist. 
 
 Under the act as passed the defense of assumption of risk is 
 taken away from all employers, but the defense of the negligence 
 of a fellow servant is taken away from those employers only who 
 have four or more employe's in a common employment. 
 
 Section 2394 3. Application to Railroads. Except 
 as regards employes working in shops or offices of a rail- 
 road company, who are within the provisions of subsec- 
 tion 9 of section 1816 of the statutes as amended by 
 chapter 254 of the laws of 1907, the term "employer" as 
 used in the two preceding sections of this act shall not 
 include any railroad company as defined in subsection 7 
 of said section 1816 as amended, said section 1816 and 
 amendatory acts being continued in force unaffected, 
 except as aforesaid, by the preceding sections of this act. 
 
 Note by the committee This section exempts from the two pre- 
 ceding sections railroad employes, who are included under what is 
 known as the comparative negligence act, being chapter 254 of the 
 laws of 1907, as they are in a separate class by themselves, and 
 have a separate provision of the statute applicable to them. 
 
 This ends that part of the bill which is of general effect and 
 includes everybody. The remaining sections, commencing with sec- 
 tion 4, are applicable only to those who elect to come within their 
 provisions. To those who do elect to come within their provisions, 
 the remedies therein specified are exclusive and no other or fur- 
 ther remedies are allowed. 
 
 Section 2394 4. Liability for Compensation. Lia-
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 532 
 
 bility for the compensation hereinafter provided for, in 
 lieu of any other liability whatsoever, shall exist against 
 an employer for any personal injury accidentally sus- 
 tained by his employe, and for his death, if the injury 
 shall proximately cause death, in those cases where the 
 following conditions of compensation concur: 
 
 1. Where, at the time of the accident, both the em- 
 ployer and employe are subject to the provisions of this 
 act according to the succeeding sections hereof. 
 
 2. Where, at the time of the accident, the employe is 
 performing service growing out of and incidental to his 
 employment. 
 
 3. Where the injury is proximately caused by acci- 
 dent, and is not caused by wilful misconduct. 
 
 And where such conditions of compensation exist for 
 any personal injury or death, the right to recovery of 
 such compensation pursuant to the provisions of this 
 act, and acts amendatory thereof, shall be the exclusive 
 remedy against the employer for such injury or death; 
 in all other cases the liability of the employer shall be 
 the same as if this and the succeeding sections of this 
 act had not been passed, but shall be subject to the pro- 
 visions of the preceding sections of this act. 
 
 Note by the Committee Whenever this section applies as it 
 does apply to all who have elected to accept its provisions com- 
 pensation is paid whenever three facts appear, namely: (1) The 
 employ^ was injured; (2) Such injury grew out of and was inci- 
 dental to his employment; (3) Such injury was not caused by wil- 
 ful misconduct. It makes no difference whose fault it was or who 
 was to blame; It is sufficient that the industry caused the injury. 
 "Wilful misconduct" as referred to in this section is conduct where- 
 in the will of the person was exercised; in other words, intentional; , 
 and it may be such wilful misconduct on the part of a third person. ' 
 
 Section 2394 5. "Employer" Defined. The fol- 
 lowing shall constitute employers subject to the provi- 
 sions of this act within the meaning of the preceding 
 section:
 
 533 WISCONSIN ACT. 227 
 
 1. The state, and each county, city, town, village, 
 and school district therein. 
 
 2. Every person, firm, and private corporation (in- 
 cluding any public service corporation), who has any 
 person in service under any contract of hire, express 
 or implied, oral or written, and who, at or prior to the 
 time of the accident to the employe for which compen- 
 sation under this act may be claimed, shall, in the man- 
 ner provided in the next section, have elected to become 
 subject to the provisions of this act, and who shall not, 
 prior to such accident, have effected a withdrawal of 
 such election, in the manner provided in the next sec- 
 tion. 
 
 Sote by the committee This section defines the two classes of 
 employers to which Section 2394 4 and the subsequent sections 
 apply: (1) The state and each county, city, town, village and 
 school district. As to these the bill is compulsory and the state 
 and each subdivision must, in case of injury to its employes, pay 
 the compensation as fixed; (2) All persons who shall have elected 
 as provided in section 2394 6 or the following sections, to come 
 under the provisions of this bill. 
 
 As to the right of the legislature to make an act compulsory as 
 to the state and its subdivisions, there is little doubt; that it should 
 be done is recognized by all. The moral aspect of this phase of the 
 subject is well brought out in the presidential message of Theodore 
 Roosevelt in 1908 when he wrote : 
 
 "The recent decision of the Supreme Court in regard to the 
 employers' liability act, the experience of the Interstate Commerce 
 Commission and of the Department of Justice in enforcing the in- 
 terstate commerce and anti-trust laws, and the gravely significant 
 attitude toward the law and its administration recently adopted by 
 certain heads of great corporations, render it desirable that there 
 should be additional legislation as regards certain of the relations 
 between labor and capital, and between the great corporations and 
 the public. 
 
 "The Supreme Court has decided the employers' liability law to 
 be unconstitutional because its terms apply to employes engaged 
 wholly in intrastate commerce as well as to employe's engaged in 
 interstate commerce. By a substantial majority the court holds 
 that the Congress has power to deal with the question in so far as 
 interstate commerce is concerned. 
 
 "As regards the employers' liability law, I advocate its imme- 
 diate re-enactment, limiting its scope so that it shall apply only
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 534 
 
 to the class of cases as to which the court say it can constitution- 
 ally apply, but strengthening its provisions within this scope. In- 
 terstate employment being thus covered by any adequate national 
 law, the field of intrastate employment will be left to the action of 
 the several states. With this clear definition of responsibility the 
 states will undoubtedly give to the performance of their duty within 
 their field the consideration the importance of the subject demands. 
 
 "I also very urgently advise that a comprehensive act be passed 
 providing for compensation by the government to all employes in- 
 jured in the government service. Under the present law an in- 
 jured workman in the employment of the government has no rem- 
 edy, and the entire burden of the accident falls on the helpless man, 
 his wife and his young children. This is an outrage. It is a mat- 
 ter of humiliation to the nation that there should not be on our 
 statute books provision to meet and partially to atone for cruel mis- 
 fortune when it comes upon a man through no fault of his own 
 while faithfully serving the public. In no other prominent indus- 
 trial country in the world could such gross injustice occur; for 
 almost all civilized nations have enacted legislation embodying the 
 complete recognition of the principle which places the entire trade 
 risk for industrial accidents (excluding, of course, accidents due to 
 wilful misconduct by the employe) on the industry as represented 
 by the employer, which in this case is the government. 
 
 "In all these countries the principle applies to the government 
 just as much as to the private employer. Under no circumstances 
 should the injured employe" or his surviving dependents be re- 
 quired to bring suit against the government, nor should there be 
 the requirement that in order to insure recovery negligence in 
 some form on the part of the government should be shown. Our 
 proposition is not to confer a right of action upon the government 
 employe, but to secure him suitable provision against injuries re- 
 ceived in the course of his employment. The burden of the trade 
 risk shou' 1 be placed upon the government. Exactly as the work- 
 ing man is entitled to his wages, so he should be entitled to in- 
 demnity for the injuries sustained in the natural course of his la- 
 bor. The rates of compensation and the regulations for its pay- 
 ment should be specified in the law, and the machinery for deter- 
 mining the amount to be paid should in each case be provided in such 
 manner that the employe is properly represented without expense 
 to him. In other words, the compensation should be paid auto- 
 matically, while the application of the law in the first instance 
 should be vested in the Department of Commerce and Labor. The 
 law should apply to all laborers, mechanics, and other civilian em- 
 ploye's of the government of the United States, including those in 
 the service of the Panama Canal Commission and of the insular 
 governments. 
 
 "The same broad principle which should apply to the govern- 
 ment should ultimately be made applicable to all private employers.
 
 535 WISCONSIN ACT. 227 
 
 Where the nation has the power it should enact laws to this effect. 
 Where the states alone have the power they should enact the laws. 
 It is to be observed that an employers' liability law does not really 
 mean mulcting employers in damages. It merely throws upon the 
 employer the burden of accident insurance agaisnt injuries which 
 are sure to occur. It requires him either to bear or to distribute 
 through insurance the loss which can readily be borne when dis- 
 tributed, but which, if undistributed bears with frightful hardship 
 upon the unfortunate victim of accident 
 
 "In theory, if wages were always freely and fairly adjusted, 
 they would always include an allowance as against the risk of in- 
 jury, just as certainly as the rate of interest for money includes an 
 allowance for insurance against the risk of loss. In theory, if 
 employes were all experienced business men, they would employ 
 that part of their wages which is received because of the risk of in- 
 jury to secure accident insurance. But as a matter of fact, it is not 
 practical to expect that this will be done by the great body of em- 
 ployes. An employers' liability law makes it certain that it will 
 be done, in effect, by the employer, and it will ultimately impose no 
 real additional burden upon him." 
 
 Note by the commission Officers of the state, counties, cities, 
 towns, villages and school districts should take notice that this act 
 applies to the state and all counties, cities, towns, villages and 
 school districts, from and after its publication, to-wit, May 3, 1911. 
 All accidents of employes of these governmental agencies received 
 in the course of their employment should be reported to the com- 
 mission by the proper officers, and arrangement should be made 
 for compensation as provided in the act. 
 
 Section 2394 6. Election by employer. Such elec- 
 tion on the part of the employer shall be made by filing 
 with the industrial accident board, 2 hereinafter provided 
 for, a written statement to the effect that he accepts the 
 provisions of this act, the filing of which statement shall 
 operate, within the meaning of section 2394 5 of this 
 act to subject such employer to the provisions of this act 
 and all acts amendatory thereof for the term of one year 
 from the date of the filing of such statement, and there- 
 after, without further act on his part, for successive 
 terms of one year each, unless such employer shall, at 
 least sixty days prior to the expiration of such first or 
 any succeeding year, file in the office of said board a 
 notice in writing to the effect that he desires to with- 
 
 2 Superseded by Industrial Commission of Wisconsin.
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 536 
 
 draw his election to be subject to the provisions of the 
 act. 
 
 Note by the committee The filing of the statement referred to 
 in this section is the employers' voluntary election to pay the com- 
 pensation scheduled. Under the same section, however, he is at 
 liberty to withdraw his election at the end of the year or to con- 
 tinue it from year to year at pleasure. Owing to constitutional 
 limitations it was necessary to frame an optional bill and such a 
 bill can be successful only with the hearty co-operation of employ- 
 ers and employe's. Therefore the committee deemed it wise to per- 
 mit employers to withdraw their election when the act failed to 
 work to their complete satisfaction. Compensation, measures are 
 purely experimental in this country and in order to persuade em- 
 ployers to try the experiment the committee feels that they should 
 be given the right to return to old conditions after having tried the 
 new and found them unsatisfactory. It will take but a short time, 
 this committee believes, for employers to determine the extent of 
 the burden of operating under the act and to find whether the new 
 method is more advantageous than the old. 
 
 Section 2304 7. "Employe" defined The term 
 "employe" as used in section 2394 4 of this act shall be 
 construed to mean: 
 
 1. Every person in the service of the state, or of any 
 county, city, town, village, or school district therein, 
 under any appointment, or contract of hire, express or 
 implied, oral or written, except any official of the state, 
 or of any county, city, town, village, or school district 
 therein, provided that one, employed by a contractor, 
 who has contracted with a county, city, town, village, 
 school district, or the state, through its representatives, 
 shall not be considered an employe of the state, county, 
 city, town, village, or school district which made the 
 contract. 
 
 2. Every person in the service of another under any 
 contract of hire, express or implied, oral or written, in- 
 cluding aliens, and also including minors who are legally 
 permitted to work under the laws of the state (who, for 
 the purposes of the next section of this act, shall be con- 
 sidered the same and shall have the same power of con- 
 tracting as adult employes), but not including any per-
 
 '537 WISCONSIN ACT. 227 
 
 son whose employment is but casual or is not in the 
 usual course of the trade, business, profession, or occu- 
 pation of his employer. 
 
 Section 2394 8. Election by Employe. Any em- 
 ploye as defined in subsection 1 of the preceding section 
 shall be subject to the provisions of this act and of any 
 act amendatory thereof. Any employe as defined in 
 subsection 2 of the preceding section shall be deemed to 
 have accepted and shall, within the meaning of section 
 2394 4 of this act, be subject to the provisions of this 
 act and of any act amendatory thereof, if, at the time of 
 the accident upon which liability is claimed: 
 
 1. The employer charged with such liability is sub- 
 ject to the provisions of this act, whether the employe 
 has actual notice thereof or not; and 
 
 2. Such employe shall not, at the time of entering 
 into his contract of hire, express or implied, with such 
 employer, have given to his employer notice in writing 
 that he elects not to be subject to the provisions of this 
 act ; or, in the event that such contract of hire was made 
 in advance of such employer becoming subject to the 
 provisions of this act, such employe shall have given to 
 his employer notice in writing that he elects to be sub- 
 ject to such provisions, or without giving either of such 
 notices, shall have remained in the service of such em- 
 ployer for thirty days after the employer has filed with 
 said board an election to be subject to the terms of this 
 act. 
 
 Ifote by the committee These two sections define the two classes 
 cf employes to whom section 2394 4 and the subsequent sections 
 apply. As to persons in the service of the state, counties, towns, 
 villages or school districts, except the officials, the act is compul- 
 sory. There can be no serious doubt that the legislature has a right 
 to deprive any employ^ of this state of any right of action for and 
 on account of damages for an injury, because no such cause of ac- 
 tion exists generally, except based upon the statute. Then, all em- 
 ploye's are within the provisions of sections 2394 4 and subse- 
 quent sections of this act, unless at the time of entering into such 
 employment the employs gives the employer written notice that
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 538 
 
 he elects not to be subject to the provisions of the act. In those 
 crises In which the contract of hiring was made before the time that 
 the employer elected to ccfme under the act, the employs is to have 
 the right to elect to be subject to such provisions. If he gives no 
 notice of such election but remains in the service of the employer 
 for thirty days after the latter files notice of his election, then the 
 employ^ shall be subject to the act. The New York law provides 
 that this contract between the employer and the employe 1 shall be 
 in writing, acknowledged, and filed with the county clerk in every 
 case. The committee feels that it would be a great hindrance to 
 the ordinary conduct of business, if, whenever an employs desired 
 to hire out to an employer, it became necessary to draw up a for- 
 mal contract before he could receive compensation under the act. 
 As provided here, when a man hires out to an employer who has 
 elected to come under the provisions of the act, by the mere fact 
 of hiring out he waives his right to any common-law damages in 
 case of injury, and accepts the compensation. This will not change 
 the present way of doing business, and if the provisions for com- 
 pensation are fair, as the committee thinks they are, an appeal to 
 workmen as being fair and furnishing much better average com- 
 pensation in fact than under the present system, the reasonable 
 employ^ will be glad to accept the provisions of the bill and thus 
 be assured of the compensation provided. This law must work 
 automatically as nearly as possible. 
 
 These sections also provide that the employe must elect at 
 the time of hiring instead of after the injury. The election here 
 mentioned means the choice, or right, to sue at common law for 
 an injury, or to accept in advance the scale of compensation set 
 forth in the act. The employ^, when his employer elects to 
 come under the act, must take one or the other. He can not take 
 both. If he chooses to accept the compensation at the time he 
 hires out, then he waives his right to sue if he is injured and 
 can have the compensation only. If he chooses to retain his 
 right to sue at common law, then he can not claim the compen- 
 sation. It is important to state here that the waiver by an em- 
 ployS of his common-law right binds his widow or dependents 
 in case of fatal accident. The English law, contrary to the Wis- 
 consin act, allows the election after the injury. The German 
 law is compulosry both as to employers and employes so that 
 there is no election. 
 
 Probably no other single phase of this subject of compensa- 
 tion has given rise to more earnest thought and careful deliber- 
 ation on the part of the committee than this question of election 
 before or after the accident. The conclusion unanimously 
 reached that such election should be made at the time of hiring 
 can be sustained upon the ground that it prevents great waste. 
 If the election is made after the injury, the employe has two
 
 539 WISCONSIN ACT. 227 
 
 options: (a) He can accept the compensation under this act; 
 (b) he can sue the employer in court and recover unlimited 
 damages if he is able to show that his injury was caused by the 
 fault of his employer and through no fault of his own. This 
 means that in those cases where the injury was caused solely 
 by the fault of the employe" and also in those cases where the 
 injury was purely an accident (a hazard of the industry, -and no 
 fault of any one) and also in those cases where injury was 
 caused partly by the fault of the employe and partly by the 
 fault of the employer, the employer would be compelled to pay 
 compensation. Why? The employe" in all such cases would 
 elect to accept compensation, knowing that he could not recover 
 in court. In the one case where the injury was caused solely by 
 the fault of the employer and without fault of the employe, he 
 would not accept the scheduled compensation but would sue at 
 common law in almost complete confidence of victory. He would 
 have every reason to expect a jury to grant much larger damages 
 than would be possible had he accepted compensation. 
 
 Under this condition of affairs in which the injured employe 
 might elect after injury to sue or accept compensation, what would 
 be the result? Whenever an injury occurred, the employer in order 
 to protect himself from a large verdict from a jury, would be 
 forced to employ lawyers to investigate the cause of the accident, 
 secure affidavits from all persons knowing anything about the cir- 
 cumstances and then have these lawyers prepare to resist the claim 
 of the employe. Thus there would be incurred a heavy expense, 
 which instead of adding to the amount paid the employe", would cut 
 it down or else cut off completely his chance for financial assist- 
 ance. The legal fight of the employer would add very greatly to 
 his burden and to the burden borne by the industry. With election 
 after the accident, therefore a great share of the waste of the 
 present system would be continued instead of diminished. 
 
 Election before the accident may be sustained upon a still firmer 
 ground. Election after the accident would benefit a few employes 
 at the expense, in a great measure, of the many. It would be only 
 those employe's whose injury was caused by the sole fault of the 
 employer without any fault on the part of the employs, who could 
 be benefited by the deferred election: it is estimated that these 
 cases would be only about 10 per cent, of the whole. The fighting 
 of these claims of the 10 per cent, and the occasional payment of 
 large verdicts, would mean that the 90 per cent, would have to 
 accept less compensation than that now scheduled. In other words, 
 the many would lose in order that the few might gain. It must be 
 remembered that there is necessarily a limit to the burden that the 
 employer or the industry can bear. If a large part of that burden 
 is wasted, the remainder to be used for compensation must be less. 
 By providing for pre-election (election at the time of the hiring),
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 540 
 
 instead of deferred election, (election at the time of the injury), the 
 committee felt justified in increasing the compensation, in case 
 of death or total incapacity, from three to four years' earnings 
 and in raising the minimum from $1,000 to $1,500. If the elec- 
 tion should be changed from the time of hiring to the time of 
 injury, then, in the opinion of the committee, the compensation 
 schedule, in justice to employers, should be lowered. We quote 
 Prof. C. R. Henderson, one of the best known authorities on work- 
 ingmen's compensation : "What we must now seek is protection for 
 all injured workmen not revenge for the few." 
 
 Another most vital truth regarding election after the injury is 
 that it introduces an element of uncertainty as to the amount to be 
 received by the injured employe. This condition causes unrest and 
 dissatisfaction. To illustrate: "A," "B" and "C" are seriously in- 
 jured under what to the average person appears to be similar 
 circumstances, and to the same extent. "A" elects to sue and to 
 decline to accept compensation. The case is tried and is carried to 
 the Supreme court where it is finally decided that "A" can not recov- 
 er; that while his injury was caused by the fault of his employer, 
 still "A" himself was partly at fault. So "A" and his family secure 
 no relief after years of waiting and suffering. "B," apparently in- 
 jured in the same manner and to the same extent as "A," also elects 
 to sue at common law and to refuse compensation. He recovers 
 $12,000 and this judgment is sustained in the Supreme court on the 
 ground that his injury was caused by the fault of the employer 
 without any fault on the employ6's part. "B" therefore gets $12,000,. 
 less of course, the fee of his attorney and expenses of the suit. 
 "C" whose case is similar to that of "A" and "B," elects immedi- 
 ately after the accident to accept his compensation and gets the 
 maximum, $3,000, without delay: Result: "A" and his friends are 
 dissatisfied and feel bitter toward employers in general and the 
 courts in particular. To some extent "C" feels the same way 
 because of the large sum recovered by "B." 
 
 This committee feels that compensation should be certain as to 
 all and certain as to the amount so that all employe's and others will 
 understand why the dependents of one man get $1,500 in case of 
 death while the dependents of another get $2,000 or $3,000, just as 
 clearly as they now understand why one workman gets $2 a day 
 and another more skillful workman gets $4 a day. The committee 
 appreciates the force of the argument "that a totally incapacitated 
 man might suffer an injustice; that the maximum allowed under 
 the act would not be just compensation." On the other hand, it 
 knows that under the present system the totally incapacitated 
 employe", in the majority of cases, gets absolutely nothing. Under 
 this act, while he may not get full compensation, he will always 
 get some compensation, and that, practically, without expense to 
 him, and at the time when he most needs it.
 
 54 1 WISCONSIN ACT. 22/ 
 
 Section 2394 9. Scale of Compensation. Where 
 liability for compensation under this act exists, the same 
 shall be as provided in the following schedule: 
 
 1. Such medical and surgical treatment, medicines, 
 medical and surgical supplies, crutches, and apparatus, 
 as may be reasonably required at the time of the injury 
 and thereafter during the disability, but not exceeding 
 ninety days, to cure and relieve from the effects of the 
 injury, the same to be provided by the employer; and in 
 case of his neglect or refusal seasonably to do so, the em- 
 ployer to be liable for the reasonable expense incurred 
 by or on behalf of the employe in providing the same. 
 
 2. If the accident causes disability, an indemnity 
 which shall be payable as wages on the eighth day after 
 the injured employe leaves work as the result of the in- 
 jury, and weekly thereafter, which weekly indemnity 
 shall be as follows : 
 
 (a) If the accident causes total disability, sixty-five 
 per cent, of the average weekly earnings during the 
 period of such total disability; provided that, if the dis- 
 ability is such as not only to render the injured employe 
 entirely incapable of work, but also so helpless as to re- 
 quire the assistance of a nurse, the weekly indemnity 
 during the period of such assistance after the first ninety 
 days shall be increased to one hundred per cent, of the 
 average weekly earnings. 
 
 (b) If the accident causes partial disability, sixty- 
 five per cent, of the weekly loss in wages during the 
 period of such partial disability. 
 
 (c) If the disability caused by the accident is at 
 times total and at times partial, the weekly indemnity 
 during the periods, of each such total or partial disability 
 shall be in accordance with said subdivisions (a) and 
 (b) respectively. 
 
 (d) Said subdivisions (a), (b), and (c) shall be sub- 
 ject to the following limitations: 
 
 Aggregate disability indemnity for injury to a single
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 542 
 
 employe caused by a single accident shall not exceed 
 four times the average annual earnings of such employe. 
 
 The aggregate disability period shall not, in any 
 event, extend beyond fifteen years from the date of the 
 accident. 
 
 The weekly indemnity due on the eighth day after 
 the employe leaves work as the result of the injury may 
 be withheld until the twenty-ninth day after he so leaves 
 work; if recovery from the disability shall then have oc- 
 curred, such first weekly indemnity shall not be recover- 
 able; if the disability still continues, it shall be added to 
 the weekly indemnity due on said twenty-ninth day and 
 be paid therewith. 
 
 If the period of disability does not last more than one 
 week from the day the employe leaves work as the result 
 of the injury no indemnity whatever shall be recover- 
 able. 
 
 3. The death of the injured employe shall not affect 
 the obligation of the employer under subsections 1 and 
 2 of this section, so far as his liability shall have become 
 payable at the time of death; but the death shall be 
 deemed the termination of disability, and the employer 
 shall thereupon be liable for the following death benefits 
 in lieu of any further disability indemnity: 
 
 (a) In case the deceased employe leaves a person or 
 persons wholly dependent on him for support, the death 
 benefit shall be a sum sufficient, when added to the in- 
 demnity which shall at the time of death have been paid 
 or become payable under the provisions of subsection 2 
 of this section, to make the total compensation for the 
 injury and death (exclusive of the benefit provided for 
 in subsection 1), equal to four times his average annual 
 earnings; the same to be payable, unless and until the 
 board shall direct payment in gross, in weekly install- 
 ments corresponding in amount to the weekly earnings 
 of the employe. 
 
 (b) In case the deceased employe leaves no one
 
 543 WISCONSIN ACT. 227 
 
 wholly dependent on him for support, but one or more 
 persons partially dependent therefor, the death benefit 
 shall be such percentage of four times such average 
 annual earnings of the employe as the average annual 
 amount devoted by the deceased to the support of the 
 person or persons so partially dependent on him for sup- 
 port bears to such average annual earnings, the same to 
 be payable, unless and until the board shall direct pay- 
 ment in gross, in weekly installments, corresponding in 
 amount to the weekly earnings of the employe; provided 
 that the total compensation for the injury and death (ex- 
 clusive of the benefit provided for in said subsection 1) 
 shall not exceed four times such average annual earn- 
 ings. 
 
 (c) Liability for the death benefits provided for in 
 subdivisions (a) and (b) respectively shall only exist 
 where the accident is the proximate cause of death; 
 provided that, if the accident proximately causes per- 
 manent total disability, and death ensues from some 
 other cause before disability indemnity ceases, the death 
 benefit shall be the same as though the accident had 
 caused death; and provided further that, if the accident 
 proximately causes permanent partial disability and 
 death ensues from some other cause before disability 
 indemnity ceases, liability shall exist for such percentage 
 of the death benefits provided for in said subdivision 
 (a) or (b) (as the case may be), as shall fairly repre- 
 sent the proportionate extent of the impairment of 
 earning capacity caused by such permanent partial disa- 
 bility in the employment in which the employe was 
 working at the time of the accident. 
 
 (d) If the deceased employe leaves no persons de- 
 pendent upon him for support, and the accident proxi- 
 mately causes death, the death benefit shall consist of 
 the reasonable expense of his burial, not exceeding $100. 
 
 Jfote by the Committee: This section provides for the amount 
 of compensation that, shall be paid to an injured employe" or his
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 544 
 
 dependents. This scale is more liberal than any other scale that 
 has heretofore been enacted or proposed in any state. The New 
 York law provides for payment of 50 per cent, of the average 
 weekly earnings, and in case of death the payment of 1,200 times 
 the average weekly earnings, with a maximum of $3,000, but no 
 minimum. Under the Wisconsin act the employer must provide 
 medical and surgical treatment, medicine, etc., for ninety days. 
 This provision is made for two reasons: First: As a rule an 
 employer is more competent to judge the efficiency of the doctor 
 employed and to provide efficient medical and surgical treatment. 
 Second: It is to the interest of the employer to furnish the very 
 best medical and surgical treatment, so as to minimize the result of 
 the injury, and to secure as early a recovery as possible. The more 
 serious the result of the injury, the more the employer must pay. 
 Also by this means he obtains a complete knowledge of the exact 
 condition of the injured employe". 
 
 This section also provides where there is total disability, for the 
 payment of 65 per cent, of the average weekly earnings during the 
 period of such total disability. But no wages less than $375 per 
 year shall be considered, nor more than $750. In case the injury 
 renders the employe entirely helpless, the indemnity is increased to 
 100 per cent, of the average weekly earnings. Where the injury 
 causes only partial disability, 65 per cent, of the weekly loss in 
 wages is paid. The only limitations are that the aggregate disability 
 for injury to a single employe caused by a single accident shall not 
 exceed four times the average annual earnings. This refers to 
 those rare cases where in one accident the employe receives two dis- 
 tinct injuries. Also there is a limitation that the weekly indemnity 
 due on the eighth day after the injured employe leaves work shall 
 be held until the twenty-ninth day, and if recovery shall have 
 occurred within that time, the first week's indemnity shall not be 
 paid. The object of this is to prevent malingering. A man receiv- 
 ing a slight injury that might disable him for three or four days, 
 might pretend to be disabled for a week in order to receive the first 
 week's indemnity. But it is assumed that he would not lay up for 
 four weeks in order to get this first week's indemnity. This re- 
 serves to those who are seriously injured, the right to receive their 
 compensation from date of the injury. As medical and surgical 
 treatment are furnished in all cases it seems only fair that in 
 minor cases not causing disability for a week, compensation should 
 not be recovered. 
 
 Subsection 3 provides for death benefits, and this is based upon 
 four times the average annual earnings, but not less than $1,500, 
 nor more than $3,000. This sum is to be paid in the same manner 
 as wages. The object of this is to furnish the compensation in the 
 same method that the family has been in the habit of receiving 
 support. A deviation from this rule can be made, however, when
 
 545 WISCONSIN ACT. 227 
 
 the Industrial Accident board is convinced that it is to the best 
 interest of the parties to order that the amount be paid in a lump 
 sum. 
 
 In case there are no dependents, the death benefit is simply the 
 reasonable expense of burial not exceeeding $100. 
 
 In subdivision "c" of subsection 3, provision is made for those 
 cases where death may ensue after injury and still not be caused by 
 the injury. Any comprehensive compensation scheme should pro- 
 vide for the dependents in case of the death of a person who has 
 been totally disabled and who is receiving compensation at the time 
 of death but whose death results from a cause not connected with 
 the original injury. The compensation is fixed, in fact, at the time 
 of the injury, and the further fact that it is paid in installments in- 
 stead of a lump sum should not defeat the dependents of their right 
 to support if death of the injured person from any cause follows. 
 This same provision in modified form is carried into those cases 
 where there is only permanent partial disability. The justice of 
 these provisions must appeal to those giving the matter broad 
 consideration. 
 
 Section 2394 10. Method of Computation 1. The 
 weekly earnings referred to in section 2394 9 shall be 
 one fifty-second of the average annual earnings of the 
 employe; average annual earnings shall not be taken at 
 less than $375, nor more than $750, and between said 
 limits shall be arrived at as follows: 
 
 (a) If the injured employe has worked in the employ- 
 ment in which he was working at the time of the acci- 
 dent, whether for the same employer or not, during sub- 
 stantially the whole of the year immediately preceding 
 his injury, his average annual earnings shall consist, 
 of three hundred times the average daily wage or salary 
 which he has earned in such employment during the days 
 when so employed. 
 
 (b) If the injured employe has not so worked in 
 such employment during substantially the whole of such 
 immediately preceding year, his average annual earn- 
 ings shall consist of three hundred times the average 
 daily wage or salary which an employe of the same 
 class working substantially the whole of such imme- 
 diately preceding year in the same or in similar employ- 
 ment in the same or a neighboring place shall have 
 
 35 BOYD W C
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 546 
 
 earned in such employment during the days when so 
 employed. 
 
 (c) In cases where the foregoing methods of arriv- 
 ing at the average annual earnings of the injured em- 
 ploye can not reasonably and fairly be applied, such 
 annual earnings shall be taken at such sum as, having 
 regard to the previous earnings of the injured employe, 
 and of other employes of the same or most similar class 
 working in the same or most similar employment, in 
 the same or a neighboring locality, shall reasonably rep- 
 resent the annual earning capacity of the injured em- 
 ploye at the time of the accident in the employment in 
 which he was working at such time. 
 
 (d) The fact that an employe has suffered a previous 
 disability, or received compensation therefor, shall not 
 preclude compensation for a later injury, or for death, 
 but in determining compensation for the later injury, 
 or death, his average annual earnings shall be such sum 
 as will reasonably represent his annual earning capacity 
 at the time of the later injury, in the employment in 
 which he was working at such time, and shall be arrived 
 at ace -rding to, and subject to the limitations of, the 
 previous provisions of this section. 
 
 2. The weekly loss in wages referred to in section 
 2394 9 shall consist of such percentage of the average 
 weekly earnings of the injured employe, computed ac- 
 cording to the provisions of this section, as shall fairly 
 represent the proportionate extent of the impairment of 
 his earning capacity in the employment in which he was 
 working at the time of the accident, the same to be fixed 
 as of the time of the accident, but to be determined in 
 view of the nature and extent of the injury. 
 
 3. The following shall be conclusively presumed to 
 be solely and wholly dependent for support upon a de- 
 ceased employe: 
 
 (a) A wife upon a husband with whom she is living 
 at the time of his death.
 
 547 WISCONSIN ACT. 227 
 
 (b) A husband upon a wife with whom he is living 
 at the time of her death. 
 
 (c) A child or children under the age of eighteen 
 years (or over said age, but physically or mentally in- 
 capacitated from earning), upon the parent with whom 
 he or they are living at the time of the death of the 
 parent, there being no surviving dependent parent. In 
 case there is more than one child thus dependent, the 
 death benefit shall be divided equally among them. 
 
 In all other cases questions of entire or partial depen- 
 dency shall be determined in accordance with the fact, 
 as the fact may be at the time of the death of the em- 
 ploye; and in such other cases, if there is more than one 
 person wholly dependent, the death benefits shall be 
 divided equally among them, and persons partially de- 
 pendent, if any, shall receive no part thereof; and if there 
 is more than one person partially dependent, the death 
 benefit shall be divided among them according to the 
 relative extent of their dependency. 
 
 4. No person shall be considered a dependent unless 
 a member of the family of the deceased employe, or 
 bears to him the relation of husband or widow, or lineal 
 descendant, or ancestor, or brother, or sister. 
 
 5. Questions as to who constitute dependents and 
 the extent of their dependency shall be determined as 
 of the date of the accident to the employe, and their 
 right to any death benefit shall become fixed as of such 
 time, irrespective of any subsequent change in condi- 
 tions; and the death benefit shall be directly recoverable 
 by and payable to the dependent or dependents entitled 
 thereto or their legal guardians or trustees; provided 
 that in case of the death of a dependent whose right to 
 a death benefit has thus become fixed, so much of the 
 same as is then unpaid shall be recoverable by and paya- 
 ble to his personal representative in gross. No person 
 shall be excluded as a dependent who is a non-resident 
 alien.
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 548 
 
 6. No dependent of an injured employe shall be 
 deemed, during the life of such employe, a party in 
 interest to any proceeding by him for the enforcement 
 or collection of any claim for compensation, nor as re- 
 spects the compromise thereof by such employe. 
 
 Jfote by the Committee: This section provides the manner in 
 which the weekly earnings of the injured employe 1 may be arrived 
 at, and the rules as laid down are as fair and as definite as the 
 committee could reach. Subsection 3 specifies who conclusively 
 shall be presumed to be solely and wholly dependent for support 
 upon the deceased employe". The persons therein mentioned are 
 those so considered under the present system. But very little 
 departure from present rules is found in this provision. 
 
 In subsection 6 reference is made to a compromise of the claim 
 of the employe or his dependents for compensation. This provision 
 was inserted after a considerable debate. It was felt that there 
 should be no compromise; that it was unfair to the employe, or in 
 fact to either party. Both employers and employe's object very 
 much to a compromise of this compensation and the intention of 
 the whole bill is that the injured employe or his dependents shall 
 receive the full compensation. At the same time it is realized that 
 there may be honest differences of opinion as to the amount of such 
 compensation, and when a compromise of the differences is made 
 fairly and honestly, it should stand. On the other hand, the widow 
 and her children are clearly entitled to $1,500, and if it should be 
 compromised for $1,000, such a compromise should not be allowed 
 to stand. As a safeguard against such compromises, they are made 
 subject to review within one year by the Industrial Accident board. 
 
 Section 2394 11. Notice of Injury. No claim to 
 recover compensation under this act shall be maintained 
 unless, within thirty days after the occurrence of the 
 accident which is claimed to have caused the injury 
 or death, notice in writing, stating the name and ad- 
 dress of the person injured, the time and place where 
 the accident occurred, and the nature of the injury, 
 and signed by the person injured or by some one on 
 his behalf, or in case of his death, by a dependent or 
 some one on his behalf, shall be served upon the em- 
 ployer, either by delivering to and leaving with him a 
 copy of such notice, or by mailing to him by registered 
 mail a copy thereof in a sealed and postpaid envelope
 
 549 WISCONSIN ACT. 227 
 
 addressed to him at last known place of business or 
 residence. Such mailing shall constitute completed ser- 
 vice. Provided, however, that any payment of compen- 
 sation under this act, in whole or in part, made by the 
 employer before the expiration of said thirty days, shall 
 be equivalent to the notice herein required; and pro- 
 vided further, that the failure to give any such notice, 
 or any defect or inaccuracy therein, shall not be a bar 
 to recovery under this act if it is found as a fact in the 
 proceedings for collection of the claim that there was 
 no intention to mislead the employer, and that he was 
 not in fact misled thereby; and provided further, that 
 if no such notice is given and no payment of compen- 
 sation made, within two years from the date of the 
 accident, the right to compensation therefor shall be 
 wholly barred. 
 
 Uote by the committee: This section provides for the notice of 
 accidents that must be given to employers. This phase has caused 
 considerable trouble under different compensation acts in Europe, 
 and it is a hard subject satisfactorily to settle. The above provi- 
 sions are recommended as reasonable. In justice to employers 
 there should be a time when, if no notice has been given, a claim 
 for compensation should be barred, and the committee has fixed 
 that time at one year from the date of the accident. 
 
 Section 2394 12. Examination by Physician. 
 Wherever in case of injury the right to compensation 
 under this act would exist in favor of any employe, he 
 shall, upon the written request of his employer, submit 
 from time to time to examination by a regular practic- 
 ing physician, who shall be provided and paid for by 
 the employer, and shall likewise submit to examina- 
 tion from time to time by any regular physician selected 
 by said industrial accident board, or a member or exam- 
 iner thereof. The employe shall be entitled to have a 
 physician, provided and paid for by himself, present at 
 any such examination. So long as the employe, after 
 such written request of the employer, shall refuse to 
 submit to such examination, or shall in any way ob-
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 550 
 
 struct the same, his right to begin or maintain any pro- 
 ceeding for the collection of compensation shall be sus- 
 pended; and if he shall refuse to submit to such exam- 
 ination after direction by the board, or any member or 
 examiner thereof, or shall in any way obstruct the same, 
 his right to the weekly indemnity which shall accrue 
 and become payable during the period of such refusal 
 or obstruction, shall be barred. Any physician who 
 shall make or be present at any such examination may 
 be required to testify as to the results thereof. 
 
 Note by the committee: In this section there is a provision for 
 examination of the injured person by a physician employed by the 
 employer. The employe, however, is protected by the right to have 
 his own physician present. In case any member of the Industrial 
 Commission of Wisconsin, or its examiner orders an injured em- 
 ploye to be examined, and he refuses, his right to compensation 
 during the period of such refusal shall be barred. These provisions, 
 we think, are just and right; if the right to compensation were 
 merely suspended during the time that the employe refused to be 
 examined, the employer would be without protection against unjust 
 claims. If the injured employe" recovered there would be no way of 
 telling the extent of his injury or disability at the time he refused 
 to be examined. This section also provides that physicians so 
 employed may be required to testify as to the results of examinations. 
 
 Section 2394 13. Creation of Board. There is 
 hereby created a board which shall be known as the 
 industrial accident board. 2a The commissioner of labor 
 and industrial statistics shall be ex-officio a member of 
 such board. He may, however, authorize the deputy 
 commissioner to act in his place. Within thirty days 
 after the passage of this act, the governor, by and with 
 the advice and consent of the senate, shall appoint a 
 member who shall serve two years, and another who 
 shall serve four years. Thereafter such two members 
 shall be appointed and confirmed for terms of four 
 years each. Vacancies shall be filled in the same man- 
 
 2aThe Industrial Accident Board has been superseded by the 
 Industrial Commission of Wisconsin. See 2394 42, ch. 485, 485, 
 Laws of Wisconsin for 1911.
 
 551 WISCONSIN ACT. 
 
 ner for the unexpired term. Each member of the board, 
 before entering upon the duties of his office, shall take 
 the oath prescribed by the constitution. A majority 
 of the board shall constitute a quorum for the exercise 
 of any of the powers or authority conferred by this act, 
 and an award by a majority shall be valid. In case of 
 a vacancy, the remaining two members of the board 
 shall exercise all the powers and authority of the board 
 until such vacancy is filled. Each member of the board, 
 including the said commissioner, shall receive an annual 
 salary of $5,000. This salary shall, as to the commis- 
 sioner of labor and industrial statistics, be in full for 
 his services as such commissioner of labor and indus- 
 trial statistics. 
 
 Section 2394 14. Organization of Board. 3 The 
 board shall organize by choosing one of its members 
 as chairman. Subject to the provisions of this act, it 
 may adopt its own rules of procedure and may change 
 the same from time to time in its discretion. The board, 
 when it shall deem it necessary to expedite its business, 
 may from time to time employ one or more expert 
 examiners for such length of time as may be required, 
 such examiners to be exempt from the operation of 
 chapter 363 of the laws of 1905, and amendatory acts. 
 It may also appoint a secretary, who shall be similarly 
 exempt, and such clerical help as it may deem necessary. 
 It shall fix the compensation of all assistants so ap- 
 pointed. It shall provide itself with a seal for the authen- 
 tication of its orders, awards, and proceedings, upon 
 which shall be inscribed the words "Industrial Acci- 
 dent Board Wisconsin Seal." It shall keep its office 
 at the capitol, and shall be provided by the superin- 
 tendent of public property with a suitable room or 
 rooms, necessary office furniture, stationery, and other 
 supplies. The members of the board and its assistants 
 
 3 Board superseded by Industrial Commission of Wisconsin. 
 See 239442, ch. 485 Laws Wis. 1911.
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 552 
 
 shall be entitled to receive from the state their actual 
 and necessary expenses while traveling on the business 
 of the board; but such expenses shall be sworn to by 
 the person who incurred the same, and be approved by 
 the chairman of the board, before payment is made. 
 All salaries and expenses authorized by this act shall be 
 audited and paid out of the general funds of the state, 
 the same as other general state expenses are audited 
 and paid. 
 
 Section 2394 15. Submission of Disputes. Any 
 dispute or controversy concerning compensation under 
 this act, including any in which the state may be a party, 
 shall be submitted to said industrial accident board in 
 the manner and with the effect provided in this act. 
 Every compromise of any claim for compensation under 
 this act shall be subject to be reviewed by, and set aside, 
 modified, or confirmed by the board upon application 
 made within one year from the time of such com- 
 promise. 
 
 Section 2394 16. Notice of Hearing. Upon the 
 filing with the board by any party in interest of an appli- 
 cation in writing stating the general nature of any 
 claim as to which any dispute or controversy m,ay have 
 arisen, it shall fix a time for the hearing thereof, which 
 shall not be more than forty days after the filing of 
 such application. The board shall cause notice of such 
 hearing, embracing a general statement of such claim, 
 to be given to each party interested, by service of such 
 notice on him personally or by mailing a copy thereof 
 to him at his last known postoffice address at least ten 
 days before such hearing. Such hearing may be ad- 
 journed from time to time in the discretion of the board 
 and hearings may be held at such places as the board 
 shall designate. Either party shall have the right to 
 be present at any hearing, in person or by attorney, or 
 any other agent, and to present such testimony as may be 
 pertinent to the controversy before the board; but the
 
 $53 WISCONSIN ACT. 
 
 board may, with or without notice to either party, cause 
 testimony to be taken, or an inspection of the premises 
 where the injury occurred to be had, or the time books 
 and pay-roll of the employer to be examined by any 
 member of the board or any examiner appointed by 
 it, and may from time to time direct any employe claim- 
 ing compensation to be examined by a regular physi- 
 cian; the testimony so taken, and the results of any 
 such inspection or examination, to be reported to the 
 board for its consideration upon final hearing. The 
 board, or any member thereof, or any examiner ap- 
 pointed thereby, shall have power and authority to 
 issue subpoenas, to compel the attendance of witnesses 
 or parties, and the production of books, papers, or 
 records, and to administer oaths. Obedience to such 
 subpoenas shall be enforced by the circuit court of any 
 county. 
 
 Section 2394 17. Findings and Awards. After 
 final hearing by said board, it shall make and file (1) its 
 findings upon all facts involved in the controversy, and 
 (2) its awards, which shall state its determination as 
 to the rights of the parties. Pending the hearing and 
 determination of any controversy before it, the board 
 shall have power to order the payment of such, or 
 any part, of the compensation, which is or may fall due, 
 as to which the party from whom the same is claimed 
 does not deny liability in good faith within ten days 
 after the giving of notice of hearing provided for in the 
 preceding section; and if the same shall not be paid as 
 required by such order, the facts with respect to the 
 liability therefor, and the determination of the board 
 as to the rights of the parties, shall be embraced in, and 
 constitute a part of its findings and awards; and the 
 board shall have the power to include in its award, 
 as a penalty for non-compliance with any such order, 
 not exceeding twenty-five per cent, of each amount 
 which shall not have been paid as directed thereby.
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 554 
 
 Note by the Committee: These sections provide for the tribunal 
 by which all disputes between employer and employe in regard to 
 compensation shall be settled. In order to obtain uniformity of 
 decisions and uniformity of administration of the bill, it was deemed 
 necessary to have a state board. The success of this measure will 
 depend to a great extent upon the character of the men who consti- 
 tute this board. Their salary, therefore, is placed at a sum, which 
 in the opinion of the committee, should secure thoroughly compe- 
 tent men; men who will have the confidence of both employer and 
 employe", who will be in sympathy with the objects intended to be 
 attained, and who will have ability to carry out the provisions of 
 the act in such a manner as will meet with the approbation of both 
 employer and employ^. There undoubtedly will be a great many 
 disputes, especially in the early administration of the bill, for this 
 board to decide, and in order to facilitate its work, it is empowered 
 to employ, "from time to time," expert examiners, who can take the 
 testimony, examine the situation, and report to the board. There 
 may be times when the board will be compelled to have several 
 examiners for a week, two weks, or a month at a time, and at other 
 times it may need more. Provision of this kind is absolutely neces- 
 sary. These disputes must be settled promptly and summarily, so 
 that the injured employe" may have the benefit of his compensation. 
 
 The expense of the administration of the act is fixed upon the 
 state. The state can well afford to bear this expense, as its courts 
 will be relieved of a large amount of work, and the burden now 
 placed upon taxpayers by the trial of negligence cases will be min- 
 imized. This committee hopes that the tendency of this act will be 
 to produce good will between employer and employe, and to lessen 
 the cases of hardship among dependents of injured employes. In tak- 
 ing into consideration the state's many vital interests in the welfare 
 of the workman and his family, this committee concludes that the 
 state may well afford to bear the expense of the administration of 
 this bill. 
 
 Section 2394 18. Filing of Judgment. Either 
 party may present a certified copy of the award to the 
 circuit court for any county, whereupon said court shall, 
 without notice, render a judgment in accordance there- 
 with; which judgment, until and unless set aside as 
 hereinafter provided, shall have the same effect as 
 though duly rendered in an action duly tried and deter- 
 mined by said court, and shall, with like effect, be en- 
 tered and docketed. 
 
 Section 2394 19. Review by Court. The findings
 
 555 WISCONSIN ACT. 227 
 
 of fact made by the board acting within its powers shall, 
 in the absence of fraud, be conclusive; and the award, 
 whether judgment has been rendered thereon or not, 
 shall be subject to review only in the manner and upon 
 the grounds following: Within twenty days from the 
 date of the award, any party aggrieved thereby may com- 
 mence, in the circuit court for Dane county, an action 
 against the board for the review of such award, in which 
 action the adverse party shall also be made defendant. 
 In such action a complaint, which shall also state the 
 grounds upon which a review is sought, shall be served 
 with the summons. Service upon the secretary of the 
 board, or any member of the board, shall be deemed 
 completed service. The board shall serve its answer 
 within twenty days after the service of the complaint, 
 and, within the like time, such adverse party shall, if he 
 so desires, serve his answer to said complaint. With 
 its answer, the board shall make return to said court 
 of all documents and papers on file in the matter, and of 
 all testimony which may have been taken therein, and 
 of its findings and award. Said action may thereupon 
 be brought on for hearing before said court upon such 
 record by either party on ten days' notice to the other; 
 subject, however, to the provisions of law for a change 
 of the place of trial or the calling in of another judge. 
 Upon such hearing, the court may confirm or set aside 
 such award; and any judgment which may theretofore 
 have been rendered thereon; but the same shall be set 
 aside only upon the following grounds: 
 
 1. That the board acted without or in excess of 
 its powers. 
 
 2. That the award was procured by fraud. 
 
 3. That the findings of fact by the board do not 
 support the award. 
 
 Note by the committee: The finding of the commission, in the 
 absence of fraud, is made absolutely conclusive by this section. 
 The award is reviewable only on three grounds: (1) That the
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 556 
 
 commission acted without or in excess of its powers; (2) that the 
 award was procured by fraud; (3) that the findings of fact by the 
 commission do not support the award. This review does not allow 
 any re-trial of the case as presented to the commission. The facts 
 found by the commission are conclusive, and the review that is 
 allowed in those cases where the findings of fact do not support the 
 award, would occur only where the commission had not given 
 proper consideration to the act itself. In other words, the court will 
 review only questions of law included in grounds 1 and 3 upon 
 which an award may be reviewed. The fraud alluded to in the 
 second ground will be only such as was perpetrated in procuring 
 the award and will not include false testimony of any party, 
 because such questions all will be decided conclusively by the com- 
 mission. The object of having the action to review brought against 
 the commission is twofold: (1) If any error is made it will be an 
 error made by the commission, the fraud of the commission that 
 may be subject to review. Consequently, the commission should 
 defend its own action, and this will be done at the expense of the 
 state. (2) To relieve the party in whose favor the award was made 
 of the expense of litigation in the circuit and Supreme Courts. This 
 is in conformity with the practice adopted in the Railroad Rate 
 Commission Law. The commission defends its own orders. 
 
 Section 2394 20. Remanding of Record. Upon 
 the setting aside of any award the court may recommit 
 the controversy and remand the record in the case to 
 the board, for further hearing or proceedings; or it may 
 enter the proper judgment upon the findings, as the 
 nature of the case shall demand. An abstract of the 
 judgment entered by the trial court upon the review of 
 any award shall be made by the clerk thereof upon the 
 docket entry of any judgment which may theretofore 
 have been rendered upon such award, and transcripts of 
 such abstract may thereupon be obtained for like entry 
 upon the dockets of the courts of other counties. 
 
 Section 2394 21. Appeal from Award. Said board, 
 or any party aggrieved by a judgment entered upon 
 the review of any award, may appeal therefrom within 
 the time and in the manner provided for an appeal 
 from the orders of the circuit court; but all such ap- 
 peals shall be placed on the calendar of the Supreme
 
 557 WISCONSIN ACT. 227 
 
 Court and brought to a hearing in the same manner 
 as state causes on such calendar. 
 
 Section 2394 22. Fees and Costs. No fees shall 
 be charged by the clerk of any court for the perform- 
 ance of any official service required by this act, except 
 for the docketing of judgments and for certified copies 
 of transcripts thereof. In proceedings to review an 
 award, costs as between the parties shall be allowed 
 or not in the discretion of the court, but no costs shall 
 be taxed against said board. In any action for the re- 
 view of an award, and upon any appeal therein to the 
 Supreme Court, it shall be the duty of the attorney gen- 
 eral, personally, or by an assistant, to appear on behalf 
 of the board, whether any other party defendant shall 
 have appeared or be represented in the action or not. 
 Unless previously authorized by the board, no lien shall 
 be allowed, nor any contract be enforceable, for any 
 contingent attorney's fee for the enforcement or collec- 
 tion of any claim for compensation where such con- 
 tingent fee, inclusive of all taxable attorneys' fees paid 
 or agreed to be paid for the enforcement or collection 
 of such claims, exceeds ten per cent, of the amount at 
 which such claim shall be compromised, or of the 
 amount awarded, adjudged, or collected. 
 
 Kote by the commission: These sections provide for the proper 
 judgment in the circuit court and the remanding of the case to the 
 commission, and then for appeal to the Supreme court and the 
 practice thereof. 
 
 Section 2394 23. Assignment of Claim. No claim 
 for compensation under this act shall be assignable be- 
 fore payment, but this provision shall not affect the 
 survival thereof; nor shall any claim for compensation, 
 or compensation awarded, adjudged, or paid, be sub- 
 ject to be taken for the debts of the party entitled 
 thereto. 
 
 Note by the Committee: This section provides that no claim 
 lor compensation shall be assignable, this being necessary in order
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 558 
 
 to protect the injured employe" and his dependents. If the claim 
 were made assignable he could sell it for a small sum, and thus 
 deprive his dependents of benefits to which they are entitled. The 
 compensation also is made exempt from his debts on the same prin- 
 ciple that wages now are made exempt. Provision also is made to 
 limit the amount of attorney's fees. The justice and fairness of this 
 should be conceded by all. The New York law has a provision of 
 similar import. 
 
 Section 2394 24. Preference of Claim. The whole 
 claim for compensation for the injury or death of any 
 employe or any award or judgment thereon, shall be 
 entitled to a preference over the unsecured debts of the 
 employer hereafter contracted, but this section shall 
 not impair the lien of any judgment entered upon any 
 award. 
 
 Note by the Committee: After a great deal of discussion this 
 was the only security that the committee was able to devise. It 
 seems to us to be practicable for the injured employe, and to give 
 him the same preference that he now has for his wages. 
 
 Section 2394 25. Third Party Liability. The mak- 
 ing of a lawful claim against an employer for compen- 
 sation under this act for the injury or death of his em- 
 ploye shall operate as an assignment of any cause of 
 action in tort which the employe or his personal repre- 
 sentative may have against any other party for such 
 injury or death; and such employer may enforce in his 
 own name the liability of such other party. 
 
 Note by the Committee: This section provides for those cases 
 where even though the injury or death be caused by the tort of a 
 third person, still the employer must pay compensation under this 
 act. In this section the employe is given power to elect to sue at 
 law for the tort against the third person or to claim his compensa- 
 tion. If he claims his compensation, then his employer is to have 
 the right in his own name to enforce the liability against the third 
 person. 
 
 Section 2394 26. Insurance Provisions. Nothing 
 in this act shall affect the organization of any mutual 
 or other insurance company, or any existing contract 
 for insurance of employers' liability, nor the right of
 
 559 WISCONSIN ACT. 227 
 
 the employer to insure in mutual or other companies, 
 in whole or in part, against such liability, or against the 
 liability for the compensation provided for by this act, 
 or to provide by mutual or other insurance, or by ar- 
 rangement with his employes, or otherwise, for the pay- 
 ment to such employes, their families, dependents, 
 or representatives, of sick, accident, or death benefits 
 in addition to the compensation provided for by this 
 act. But liability for compensation under this act 
 shall not be reduced or affected by any insurance, con- 
 tribution, or other benefits whatsoever, due to or re- 
 ceived by the person entitled to such compensation, and 
 the person so entitled shall, irrespective of any insur- 
 ance or other contract, have the right to recover the 
 same directly from the employer; and in addition there- 
 to, the right to enforce in his own name, in the manner 
 provided in this act, the liability of any insurance com- 
 pany which may, in whole or in part, have insured the 
 liability for such compensation; provided, however, that 
 payment in whole or in part of such compensation by 
 either the employer or the insurance company, shall, 
 to the extent thereof, be a bar to recovery against the 
 other of the amount so paid, and provided further, that 
 as between the employer and the insurance company, 
 payment by either directly to the employe, or to the per- 
 son entitled to compensation, shall be subject to the 
 conditions of the insurance contract between them. 
 
 Section 2394 27. Every contract for the insurance 
 of the compensation herein provided for, or against 
 liability therefor, shall be deemed to be made subject to 
 the provisions of this act, and provisions thereof inon- 
 sistent with this act shall be void. No company shall 
 enter into any such contract of insurance unless such 
 company shall have been approved by the commissioner 
 of insurance, as provided by law. For the purposes 
 of this act, each employe shall constitute a separate 
 risk within the meaning of section 1898d of the statutes.
 
 227 WORKMEN'S COMPENSATION AND INSURANCE. 560 
 
 Jfote by the Committee: Industrial insurance is the name most 
 commonly applied to workmen's compensation acts, and conveys 
 the meaning that there is some plan of insurance. In the first 
 tentative bills of this committee, the plan of insurance was brought 
 forth, but after full and mature discussion it was decided that it 
 would be better to leave the employer free to determine for himself 
 the best means of taking care of the liability created. The com- 
 mittee felt that to lay down a plan of insurance would be to put on 
 a limitation that might handicap employers and leave them at the 
 mercy of a certain class of insurance companies. We recognize 
 the great benefits to employes of what are known as sick, accident, 
 and death benefit societies now in effect in many large institutions, 
 and we much prefer to leave this whole matter open in such a way 
 as to encourage the formation of these sick, accident, and death 
 benefit societies. Under section 26 we have given to employers an 
 opportunity to organize, under the laws of this state, mutual insur- 
 ance companies to carry the new risk. Strong mutual insurance 
 companies clearly have been shown to be the cheapest, safest, and 
 most reliable method by which the risk herein created can be taken 
 care of. 
 
 Section 2394 28. Release from Liability. Any em- 
 ployer against whom liability may exist for compensa- 
 tion under this act may, with the approval of the indus- 
 trial accident board, be relieved therefrom by: 
 
 1. Depositing the present value of the total unpaid 
 compensation for which such liability exists, assuming 
 interest at three per centum per annum, with such trust 
 company of this state as shall be designated by the em- 
 ploye (or by his dependents, in case of his death, and 
 such liability exists in their favor), or in default of such 
 designation by him (or them) after ten days' notice in 
 writing from the employer, with such trust company of 
 this state as shall be designated by the board; or 
 
 2. By the purchase of an annuity, within the limita- 
 tions provided by law, in any insurance company grant- 
 ing annuities and licensed in this state, which may be 
 designated by the employe, or his dependents, or the 
 board, as provided in subsection 1 of this section. 
 
 Note by the Committees The mutual interests of employer and 
 employ^ are safeguarded in an important way in this section. It 
 enables the employer, who is liable for compensation and who 
 
 -
 
 561 WISCONSIN ACT. 227 
 
 desires to be relieved thereof, to deposit the lump sum to cover such 
 liability, with a trust company or with an insurance company with 
 directions to make weekly payments as specified in this act, and 
 thereby be released. This is also a convenience and a safeguard to 
 the employe, as the money to be paid him is protected by state laws 
 in such a way as to eliminate danger of loss. 
 
 Section 2394 29. Posting of Notices. The board 
 shall cause to be printed and furnished free of charge 
 to any employer or employes such blank forms as it 
 shall deem requisite to facilitate or promote the efficient 
 administration of this act; it shall provide a proper 
 record book in which shall be entered and indexed the 
 name of every employer who shall file a statement of 
 election under this act, and the date of the filing there- 
 of, and a separate book in which shall be entered and 
 indexed the name of every employer who shall file his 
 notice of withdrawal of such election, and the date of 
 the filing thereof; and books in which shall be recorded 
 all orders and awards made by the board, and such other 
 books or records as it shall deem required by the proper 
 and efficient administration of this act; all such records 
 to be kept in the office of the board. Upon the filing of 
 a statement of election by an employer to become sub- 
 ject to the provisions of this act, the board shall forth- 
 with cause notice of the fact to be given to his em- 
 ployes, by posting such notice thereof in several con- 
 spicuous places in the office, shop, or place of business 
 of the employer, or by publishing, or in such other man- 
 ner as the board shall deem most effective; and the 
 board shall likewise cause notice to be given of the filing 
 of any withdrawal of such election; but notwithstanding 
 the failure to give, or the insufficiency of, any such 
 notice, knowledge of all filed statements of election and 
 notices of withdrawal of election, and of the time of 
 the filing of the same, shall conclusively be imputed 
 to all employes. 
 
 Note by the Commission: This simply provides that the Indus- 
 trial Commission of Wisconsin shall furnish notices to employers 
 36 BOTD w o
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 562 
 
 and employes of the election by the former to come within the pro- 
 visions of this act. It must also furnish effective notice of the 
 withdrawal of any election by aa employer. This section also 
 provides for the keeping of a record of employers who have filed 
 their election, and those who have filed notice of withdrawal. A 
 book in which the orders and awards of the commission are to be 
 filed, is required by this section. It was deemed best by the com- 
 mittee that these notices of election and withdrawal should be given 
 officially by the board, because any other plan might lead to uncer- 
 tainty as to when an employe was under the act. Under any other 
 plan the only way to determine whether an employe 1 was within 
 the provisions of the act would be by a suit in the courts, which 
 would occasion long and disastrous litigation. 
 
 Section 2394 30. Appropriation. A sum sufficient 
 to carry out the provisions of this act is hereby appro- 
 priated out of any money in the treasury not otherwise 
 appropriated. 
 
 228. The opinion of the Supreme Court of 
 Wisconsin sustaining constitutionality of act. The 
 constitutionality of this statute was determined in a 
 suit brought by Edward G. Borgnis against the Falk 
 Company, 3a to restrain the defendant from adopting the 
 workmen's compensation law during the continuance 
 of the contract of employment of the complainant. The 
 lower court sustained the contention of the complain- 
 ant. There was an appeal from the decree which re- 
 sulted in a reversal. The opinion of Chief Justice Wins- 
 low and the concurring opinions of Justices Barnes and 
 Marshall are able presentations of the fundamental 
 principles of these laws and are therefore inserted in 
 their entirety. Says the Chief Justice: 
 
 "We are not certainly advised as to the exact ground 
 on which the decision below was reached, but we as- 
 sume that it was on the theory that the law in question 
 was a valid law; that it was retrospective in its effect, 
 and that if the defendant elected to become subject to 
 the act the plaintiffs would be compelled to breach their 
 existing contracts or submit to the terms of the act, and 
 thus lose valuable rights; and hence that equity might 
 3a Borgnis v. Falk Company, 147 Wis. 327, 133 N. W. 209.
 
 563 WISCONSIN ACT. 228 
 
 and should restrain their employer from electing to 
 come under the law until their existing contracts had 
 expired. 
 
 "It seems to be true that this action might very well 
 be disposed of without considering the question of the 
 validity of the act in question. Ordinarily under such 
 circumstances that course would be the proper one to 
 pursue, for the question of the constitutionality of a 
 statute passed by the Legislature is not one to be light- 
 ly taken up, and generally such a question will not be 
 decided unless it be necessary to decide it in order to 
 dispose of the case. There are circumstances here pres- 
 ent, however, which seem to call very loudly for im- 
 mediate consideration of the question of the validity of 
 the act in question, if under any view of the case it can 
 be considered as involved. The legislature, in response 
 to a public sentiment which cannot be mistaken, has 
 passed a law which attempts to solve certain very press- 
 ing problems which have arisen out of the changed in- 
 dustrial conditions of our time. It has endeavored by 
 this law to provide a way by which employer and em- 
 ployed may, if they so choose, escape entirely from that 
 very troublesome and economically absurd luxury 
 known as "personal injury litigation," and resort to a 
 system by which every employe not guilty of willful 
 misconduct may receive at once a reasonable recom- 
 pense for injuries accidentally received in his employ- 
 ment under certain fixed rules, without a lawsuit and 
 without friction. 
 
 "A considerable number of employers have accepted 
 the terms of the act, but unquestionably many are wait- 
 ing until the question of the constitutionality of the act 
 be authoritatively settled by this court. Nor is this 
 attitude either blameworthy or surprising. If an em- 
 ployer elects to accept the act and proceeds to pay out 
 the sums which it requires for a year or more, and then 
 the act should be declared unconstitutional, it might
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 564 
 
 well be that he would have paid out considerable sums 
 which under the former system he would not be re- 
 quired to pay at all, because he was not negligent, and 
 that he would also be subject to suits to recover addi- 
 tional sums by those who, without contributory negli- 
 gence, had suffered injury and had received compensa- 
 tion under the law. The situation is unquestionably 
 one of much doubt and uncertainty among the great 
 industries of the state, and it must remain such until 
 this court has spoken. Many employers of labor who 
 have not accepted the law have taken that course, not 
 because they have chosen definitely to decline the terms 
 of the law, but because they do not know whether they 
 will be protected if they accept and act under it. Such 
 a condition of uncertainty ought not to be allowed to 
 exist, if it can be removed. This court can not properly 
 decide questions which are not legitimately involved 
 in bona fide lawsuits, but it may properly deci Je all 
 questions which are so involved, even though it be not 
 absolutely essential to the result that all should be de- 
 cided. The validity of the statute in question is a mat- 
 ter which may be legitimately considered in the deci- 
 sion of this case. If the statute be unconstitutional and 
 void, then it is certain that the plaintiffs have no cause 
 of action, because an election to accept the terms of a 
 void statute could harm no one. Impressed with this 
 view of our duty under the circumstances, we advanced 
 the present case upon the calendar, and invited argu- 
 ment upon the main question as to the constitutionality 
 of the statute, not only from the Attorney General on 
 behalf of the state, but from any attorney interested in 
 the question. In pursuance of this invitation the At- 
 torney General and the industrial commission filed 
 briefs, and oral argument was made by the Deputy At- 
 torney General. The case has been fully presented, 
 therefore, both by brief and argument, and we are now 
 to consider whether there be any solid foundation for
 
 565 WISCONSIN ACT. 228 
 
 the attack made upon the law. In undertaking this 
 task it will be necessary first to set forth in some detail 
 its fundamental provisions. 
 
 "It adds 32 new sections to the statutes, the first 8 of 
 which sections are as follows : * * * 
 
 "By a later act passed at the same session of the 
 Legislature (chapter 485, Laws 1911) an industrial 
 commission, composed of three members, was created, 
 which, among numerous other duties, is required to 
 perform all the duties vested in the industrial acci- 
 dent board aforesaid, and thus the last-named board 
 has passed out of existence. In re Filer & Stowell Co., 
 (present term) 132 N. W. 584. The act is quite long, 
 as the complicated and delicate subject with which it 
 deals manifestly requires, but its general purport and 
 effect so far as this case is concerned may be briefly sum- 
 marized: 
 
 "It creates an administrative board to carry its pro- 
 visions into effect. It divides all private employers of 
 labor into two classes: (1) Those who elect to come 
 under the law; and (2) those who do not so elect. It 
 takes away the defenses of assumption of risk, and neg- 
 ligence of a coemploye from the second class (except 
 that where there are less than four coemployes the lat- 
 ter defense is not disturbed), but leaves both defenses 
 intact to the first class. It prescribes the manner in 
 which an employer may elect to come under its terms, 
 and how an employe may make his election, and when 
 silence on the part of the employe will be considered an 
 election; but it does not in terms compel either em- 
 ployer or employe to submit to its provisions. It then 
 provides a comprehensive scheme by which, after both 
 parties have so elected, any substantial injury, whether 
 the result be fatal or not, received by the employe in the 
 course of or incidental to his employment (except those 
 caused by willful misconduct) shall be compensated for 
 by the employer according to certain definite rules,
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 566 
 
 which rules are to be administered by the administra- 
 tive board aforesaid by means of simple procedure defi- 
 nitely laid down, which gives to both parties fair notice 
 and hearing, and results in findings and an award which 
 may be filed in the circuit court and become a judgment. 
 It further provides that the findings of fact shall be 
 conclusive and the award subject to review only by 
 action in the circuit court of Dane county, in which it 
 can be set aside only (1) if the commission acted with- 
 out or in excess of its powers; (2) if the award was 
 procured by fraud; or (3) if the award is not supported 
 by the findings of fact. It then provides that the judg- 
 ment thus rendered shall be subject to appeal to the Su- 
 preme court. 
 
 "For all the essential purposes of this discussion, it 
 may truly be said that this is the law which is before 
 us, and the question is simply whether there is any vital 
 part of it which the Legislature may not enact because 
 the Constitution forbids it. It is matter of common 
 knowledge that this law forms the legislative response 
 to an emphatic, if not a peremptory, public demand. It 
 was admitted by lawyers, as well as laymen, that the 
 personal injury action brought by the employe against 
 his employer to recover damages for injuries sustained 
 by reason of the negligence of the employer had wholly 
 failed to meet or remedy a great economic and social 
 problem which modern industrialism has forced upon 
 us, namely, the problem of who shall make pecuniary 
 recompense for the toll of suffering and death which that 
 industrialism levies and must continue to levy upon the 
 civilized world. This problem is distinctly a modern 
 problem. In the days of manual labor, the small shop, 
 with few employes, and the stagecoach, there was no 
 such problem, or, if there was, it was almost negligible. 
 Accidents there were in those days, and distressing 
 ones ; but they were relatively few, and the employe 
 who exercised any reasonable degree of care was com-
 
 567 WISCONSIN ACT. 228 
 
 paratively secure from injury. There was no army of 
 injured and dying, with constantly swelling ranks 
 marching with halting step and dimming eyes to the 
 great hereafter. This is what we have with us now, 
 thanks to the wonderful material progress of our age, 
 and this is what we shall have with us for many a day 
 to come. Legislate as we may in the line of stringent 
 requirements for safety devices or the abolition of em- 
 ployers' common-law defenses, the army of the injured 
 will still increase, and the price of our manufacturing 
 greatness will still have to be paid in human blood and 
 tears. To speak of the common-law personal injury 
 action as a remedy for this problem is to jest with ser- 
 ious subjects, to give a stone to one who asks for bread. 
 The terrible economic waste, the overwhelming temp- 
 tation to the commission of perjury, and the relatively 
 small proportion of the sums recovered which comes 
 to the injured parties in such actions, condemn them as 
 wholly inadequate to meet the difficulty. 
 
 "In approaching the consideration of the present law, 
 we must bear in mind the well-established principle that 
 it must be sustained, unless it be clear beyond reason- 
 able question that it violates some constitutional limi- 
 tation or prohibition. That governments founded on 
 written constitutions which are made difficult of amend- 
 ment or change lose much in flexibility and adaptability 
 to changed conditions there can be no doubt. Indeed 
 that may be said to be one purpose of the written con- 
 stitution. Doubtless they gain enough in stability and 
 freedom from mere whimsical and sudden changes to 
 more than make up for the loss in flexibility; but the 
 loss still remains, whether for good or ill. A constitu- 
 tion is a very human document, and must embody with 
 greater or less fidelity the spirit of the time of its adop- 
 tion. It will be framed to meet the problems and diffi- 
 culties which face the men who make it, and it will gen- 
 erally crystallize with more or less fidelity the political,
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 568 
 
 social and economic propositions which are considered 
 irrefutable, if not actually inspired, by the philosophers 
 and legislators of the time; but the difficulty is that, 
 while the Constitution is fixed or very hard to change, 
 the conditions and problems surrounding the people, 
 as well as their ideals, are constantly changing. The 
 politics or philosophical aphorism of one generation is 
 doubted by the next, and entirely discarded by the 
 third. The race moves forward constantly, and no 
 Canute can stay its progress. 
 
 "Constitutional commands and prohibitions, either 
 distinctly laid down in express words or necessarily im- 
 plied from general words, must be obeyed, and implic- 
 itly obeyed, so long as they remain unamended or un- 
 repealed. Any other course on the part of either legis- 
 lator or judge constitutes violation of his oath of office ; 
 but when there is no such express command or prohibi- 
 tion, but only general language, or a general policy 
 drawn from the four corners of the instrument, what 
 shall be said about this? By what standards is this gen- 
 eral language or general policy to be interpreted and 
 applied to present day people and conditions? When 
 an eighteenth century constitution forms the charter of 
 liberty of a twentieth century government, must its 
 general provisions be construed and interpreted by an 
 eighteenth century mind in the light of eighteenth cen- 
 tury conditions and ideals? Clearly not. This were to 
 command the race to halt in its progress, to stretch the 
 state upon a veritable bed of Procrustes. 
 
 "(1) Where there is no express command or prohi- 
 bition, but only general language or policy to be con- 
 sidered, the conditions prevailing at the time of its 
 adoption must have their due weight; but the changed 
 social, economic, and government conditions and ideals 
 of the time, as well as the problems which the changes 
 have produced, must also logically enter into the con- 
 sideration, and become influential factors in the settle-
 
 569 WISCONSIN ACT. 228 
 
 ment of problems of construction and interpretation. 
 These general propositions are here laid down, not be- 
 cause they are considered either new or in serious con- 
 troversy, but because they are believed to be peculiarly 
 applicable to a case like the present, where a law which 
 is framed to meet new economic conditions and difficul- 
 ties resulting therefrom is attacked principally because 
 it is believed to offend against constitutional guaranties 
 or prohibitions couched in general terms, or supposed 
 general policies drawn from the whole body of the in- 
 strument. 
 
 "Passing to the consideration of the contentions 
 made in the present case, we note in limine that this is 
 not a compulsory law. No employer is compelled to pay 
 damages to an employe without having had his day in 
 court. It is true that the argument is made that the law 
 is practically coercive; but that argument is not re- 
 garded by us as sound, and will be taken up and treated 
 later in this opinion. We are therefore relieved from 
 all consideration of the question whether a compulsory 
 compensation act offends against those clauses of the 
 state and federal constitutions which guarantee all citi- 
 zens against the deprivation of property without due 
 process of law. This would be a question of greater 
 difficulty than those which are presented in the present 
 case. It was decided in the affirmative by the Court of 
 Appeals of New York (Ives v. S. B. Ry. Co. 201 N. Y. 
 271, 94 N. E. 431), and in the negative by the Supreme 
 Court of Washington (State ex rel. Clausen [Sept. 27, 
 1911] 117 Pac. 1101), and we express no opinion upon it. 
 
 "The contention which naturally seems to come first 
 in order is the objection that the whole first section, 
 abolishing the defenses of assumption of risk and negli- 
 gence of a fellow servant, is void, because, as it is said, 
 public policy does not require their abrogation in any 
 but the hazardous trades ; it being admitted that in these
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 570 
 
 last-named trades these defenses may properly be abol- 
 ished. 
 
 "(2) The term "public policy" is frequently used 
 very vaguely, and evidently is so used here. It is, how- 
 ever, quite a definite thing. Public policy on a given 
 subject is determined either by the constitution itself 
 or by statutes passed within constitutional limitations. 
 In the absence of such constitutional or statutory deter- 
 mination only may the decisions of the courts deter- 
 mine it. Hartford Ins. Co. v. C., M. & St. P. Ry. Co., 
 70 Fed. 201, 17 C. C. A. 62, 30 L. R. A. 193; s. c., 175 U. 
 S. 91, 20 Sup. Ct. 33, 44 L. Ed. 84. This court has said: 
 "We know of no ground upon which a constitutional 
 legislative enactment can be rightly spoken of as con- 
 trary to public policy." Julien v. Model B. L. & I. Assn., 
 116 Wis. 79, 92 N. W. 561, 61 L. R. A. 668. And the 
 remark is certainly correct. When acting within con- 
 stitutional limitations, the Legislature settles and de- 
 clares the public policy of a state, and not the court. 
 True, where the Legislature has not spoken on a sub- 
 ject, and the courts in the course of their duty have de- 
 clared the principle of common law applicable thereto, 
 public policy may be truly said to be thus created; but 
 any public policy thus created by the courts may be at 
 any time reversed or changed by the Legislature, pro- 
 vided it act within constitutional lines. The people, 
 acting directly by means of a referendum, or through 
 their representatives in constitutional conventions or 
 legislative bodies, are the makers of public policy, and 
 it is only when the people have failed to speak in these 
 methods that the courts can be said to have pow r er to 
 make public policy by decision. A constitutional statute 
 can not be contrary to public policy it is public policy. 
 
 "The contention that a statute is unconstitutional 
 because it is against public policy amounts to nothing 
 more than a contention that it is unconstitutional; hence
 
 57 1 WISCONSIN ACT. 228 
 
 we address ourselves directly to that question and there- 
 by gain something in clearness of thought. 
 
 "(3) The two defenses which the Legislature has 
 thus attempted to take away are not intrenched behind 
 any express constitutional provision, nor were they ori- 
 ginally created by legislative action. They were both 
 evolved by the courts. At a time when industries of all 
 kinds were comparatively simple and free from danger, 
 when employes of a common master were few in num- 
 ber and generally acquainted with each other, and when 
 a personal injury action was a rarity, it was thought 
 not to be unreasonable that* an employe should assume 
 those simple risks which were plainly before him, and 
 should not be heard to complain if he were injured by 
 the careless act of a fellow workman by whose side he 
 had continued to work when he must have well known 
 the nature and habits of the man. The precedent once 
 made was generally followed, until it became buttressed 
 by a multitude of decisions in practically all of the juris- 
 dictions whose jurisprudence is founded upon the Eng- 
 lish common law. But, as has been pointed out earlier 
 in this opinion, the conditions surrounding employer 
 and employed have vastly changed during the last half 
 century, and now the Legislature, having become con- 
 vinced that new conditions call for a change in rules of 
 liability, have declared that such a change shall be made. 
 They have changed the rule established by the courts, 
 because they deem another rule better fitted to deal 
 with the problems of the time, or, in other words, be- 
 cause they deem it best to establish a changed public 
 policy. 
 
 "It is frankly admitted by appellant that it is within 
 the legislative power to make this change with regard 
 to the hazardous trades, but not with regard to what 
 are called the nonhazardous trades. But why not? 
 There are, of course, some occupations which are excep- 
 tionally hazardous, and it may well be that it would be
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 572 
 
 within legislative discretion to classify these very haz- 
 ardous occupations and remove the defenses as to them, 
 while retaining them as to others less hazardous. In- 
 deed, that very thing has been done and has been ap- 
 proved by the courts in this and many other states, es- 
 pecially in the case of railroads and to some extent with 
 other industries. M. I. Co. v. Kline, 199 U. S. 593, 26 
 Sup. Ct. 159, 50 L. Ed. 322; Stats. Wis. 1816, as 
 amended by chapter 254, Laws 1907; Kiley v. C. M. & 
 St. P. Ry. Co., 142 Wis. 154, 125 N. W. 464; Stats. Wis. 
 1636j 1636jj (chapter 303, Laws 1905). 
 
 [4] But because there is room for classification it 
 does not follow that legislation without classification is 
 unconstitutional. There are hazards in all occupations ; 
 indeed, they follow every man from the cradle to the 
 grave. What constitutional requirement, either ex- 
 press or implied, clothes these court-made defenses with 
 exceptional sanctity as to the less hazardous industries, 
 and warns off from them the sacrilegious hand of the 
 Legislature? We are referred to none, and we know of 
 none. It is admitted in the Ives Case, supra, that both 
 the fellow servant defense and the contributory negli- 
 gence defense, being of judicial origin, may be changed 
 or abolished by the Legislature. See, also, Opinions of 
 the Justices of the Massachusetts Supreme Judicial 
 Court on the Personal Injuries Act of 1911, 96 N. E. 
 308. We see absolutely no ground for the contention 
 that these defenses may be lawfully abrogated as to the 
 more hazardous industries, but must be forever held 
 sacred as to the less hazardous industries. There may 
 be a less persuasive reason for the change in the case 
 of the latter class of industries, but this does not de- 
 prive the Legislature of the power to make it. 
 
 "[5, 6] But it is said that there is no proper classifi- 
 cation here, and hence that the law is fatally discrimi- 
 nating in its character. The two defenses are preserved 
 intact to employers who elect to come under the law
 
 573 WISCONSIN ACT. 228 
 
 and taken away from those who do not so elect. The 
 rules governing classification are familiar and are in 
 brief as follows: It must be based on substantial dis- 
 tinctions which make real differences; it must be ger- 
 mane to the purposes of the law; it must not be limited 
 to existing conditions only and must apply equally to 
 each member of the class. It seems to us that this 
 classification fully meets these requirements; certainly 
 there will be very real differences between the situation 
 of the employer who elects to come under the law and 
 the employer who does not. If the consenting employ- 
 er only employs workmen who also elect to come under 
 the law, he can never be mulcted in heavy damages, and 
 will know whenever an employe is injured practically 
 just what must be paid for the injury. Surely this is a 
 different situation from the situation of the man who is 
 liable to be brought into court by an injured employe 
 at any time and obliged to defend common-law actions 
 upon heavy claims unliquidated in their character, the 
 outcome of which actions none can foretell. On the 
 other hand, if, as seems quite likely, the greater part 
 of the consenting employer's workmen consent, but 
 some do not, and these latter are still retained in the 
 employment, the same considerations will apply with 
 somewhat less force. On the one hand, there is a class 
 of consenting employers employing wholly or largely 
 consenting workmen, and having definite and fixed obli- 
 gations to their workmen in case of injury; on the other 
 hand is a class of nonconsenting employers who have 
 no such fixed obligations in case of injury to their work- 
 men, but choose to meet every such workman in court 
 and fight out the question of liability. There seems a 
 very robust difference between these two classes. But 
 after all there is another distinction which seems per- 
 haps more satisfactory. The consenting employer has 
 done his share, and it must be considered a considerable 
 share, in rendering successful the legislative attempt to
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 574 
 
 meet and solve a difficult social and economic problem. 
 Even if it be true (which, as before stated, is not de- 
 cided) that he may not be compelled under our Consti- 
 tutions, state and national, to assist in the solution of 
 this problem, still does not his voluntary act in giving 
 that assistance constitute a substantial distinction, mak- 
 ing a real difference of situation between him and the 
 employer who refuses his aid a difference which justi- 
 fies a difference in treatment? 
 
 "It seems to us that this question must be answered 
 in the affirmative, and if it be so answered there can be 
 no doubt as to the legitimacy of the classification, for 
 the reason that it is quite apparent that the other condi- 
 tions of valid classification are fully satisfied. There can 
 be no doubt that the classification is germane to the 
 purpose of the law, and it is not limited in its applica- 
 tion to existing conditions only, and applies equally to 
 each member of the class. 
 
 "The minor classification by which the fellow serv- 
 ant defense is preserved to all employers employing less 
 than four employes in a common employment is also at- 
 tacked as having no proper legal basis ; but it seems to 
 us that the grounds of classification here are more per- 
 suasive even than in the case just discussed. The man 
 who is employed with one or two other men in a given 
 employment in all reasonable probability knows their 
 characteristics well, and will probably be with them a 
 great part^of the time. He will have ample opportunity 
 to form a just judgment as to the risk of injury from 
 their negligence which he will run if he works with 
 them, and will be enabled to shape his own conduct ac- 
 cordingly; but the man who is one of a large number of 
 men, many of whom he never sees, and some of these 
 latter having duties to perform in distant places upon 
 the due performance of which his own safety depends, 
 has no opportunity to acquire any accurate knowledge 
 of the characteristics of many of his fellow workmen,
 
 575 WISCONSIN ACT. 228 
 
 and can not intelligently decide what risk he runs at the 
 hands of such distant and unknown employes. The dif- 
 ference in situation is not merely fanciful; it is real. In 
 one case, the employe knows or has the means of know- 
 ing what to expect from his colaborers; in the other 
 case, he has neither the knowledge nor the means of 
 knowledge. Of course, there will be cases on the border 
 line, where the difference in situation will be very slight, 
 or perhaps entirely nonexistent. There will probably 
 be no practical difference between the situation of the 
 man who is one of four or five employes in a given em- 
 ployment and the situation of the man who is one of 
 three; but this does not militate against the legitimacy 
 of the classification. This is a necessary defect in all 
 cases of classification based upon numbers. The ques- 
 tion is not whether there may be some on one side of 
 the line whose situation is practically the same as that 
 of some on the other side, but whether there "is a dis- 
 tinction between the classes as classes, whether there 
 are characteristics which, to a greater degree, persist 
 through the one class than in the other which justify 
 legal discrimination between them." State v. Evans, 
 130 Wis. 381, HON. W. 241. 
 
 "[7] Passing from these questions of classification, 
 we meet the objection that the law, while in its words 
 presenting to employer and employe a free choice as to 
 whether he will accept its terms or not, is in fact coer- 
 cive, so that neither employer nor employe can be said 
 to act voluntarily in accepting it. As to the employer, 
 the argument is that the abolition of the two defenses 
 is a club which forces him to accept; and as to the em- 
 ploye, the argument is that if his employer accepts the 
 law the employe will feel compelled to accept also, 
 through fear of discharge if he do not accept. 
 
 "Both of these arguments are based upon conjecture. 
 Laws can not be set aside upon mere speculation or con- 
 jecture. The court must be able to say with certainty
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 576 
 
 that an unlawful result will follow. We do not see how 
 any such thing can be said here. No one can say with 
 certainty what results will follow in the practical work- 
 ings of the law. It may well be that many manufactur- 
 ers, especially those employing small numbers of em- 
 ployes and in the less dangerous trades, will deliberately 
 conclude that it will be better business policy to exer- 
 cise greater care in guarding their employes from pos- 
 sible danger and greater discrimination in the employ- 
 ment of careful men, and reject the law entirely, running 
 the risk of being able to prevent all or nearly all acci- 
 dents. It seems extremely probable that the great bulk 
 of workmen, especially of the unskilled classes, will be 
 glad to come under the act and thus secure a certain 
 compensation in case of injury, in place of that very un- 
 certain and expensive thing, namely, the final result of a 
 lawsuit; but whether this be so or not, it may be con- 
 sidered as reasonably certain that very many will elect 
 to come under the act voluntarily and freely, and that 
 those who do not will probably come from the ranks of 
 skilled labor, who will deem the rates of compensation 
 under the law as entirely inadequate or will be careful 
 workmen in the less dangerous trades, who will see no 
 gain in bartering their common-law rights for the re- 
 stricted remedies furnished by the statute. It can not 
 be said with any certainty that such men will be dis- 
 charged for their failure to voluntarily come under the 
 law. The probability would seem rather to be that they 
 would be of a class which the employer would wish to 
 keep in his employ, notwithstanding their attitude to- 
 ward the law. These matters are, however, purely 
 speculative and conjectural. None can say what the 
 practical operation of the law will be. It is enough for 
 our present purpose that no one can say with certainty 
 that it will operate to coerce either employer or em- 
 ploye. 
 
 "[8] We thus reach the conclusion that there are
 
 577 WISCONSIN ACT. 228 
 
 no valid constitutional objections to the first section of 
 the law in question, and this conclusion obviates the 
 necessity of any consideration of the provisions of sec- 
 tion 2394 32, which aims to preserve the balance of 
 the law intact in case the whole or some part of section 
 1 should be considered invalid. We may say in passing 
 that we know of no good reason why the Legislature 
 may not declare its intention that one part or section of 
 a law is not a compensation for and that it may be sep- 
 arated from the balance of the act for the very purpose 
 of saving such balance from being invalidated in case 
 the first-named part or section be held unconstitutional. 
 We think it would take a very extreme case of palpable 
 absurdity or falsity in such a provision to justify any 
 court in declaring such a declaration of legislative in- 
 tent ineffective, if indeed a court could make such a 
 declaration at all. 
 
 "[9] The next important contention is that the law 
 is unconstitutional because it vests judicial power in a 
 body which is not a court and is not composed of men 
 elected by the people, in violation of those clauses of 
 the state Constitution which vest the judicial power in 
 certain courts and provide for the election of judges 
 by the people, as well as in violation of the constitution- 
 al guaranties of due process of law. It was suggested at 
 the argument that the Industrial Commission might 
 perhaps be held to be a court of conciliation, as author- 
 ized to be created by section 16 of article 7 of the state 
 Constitution; but we do not find it necessary to con- 
 sider or decide this contention. We do not consider 
 the Industrial Commission a court, nor do we construe 
 the act as vesting in the commission judicial powers 
 within the meaning of the Constitution. It is an ad- 
 ministrative body or arm of the government, which in 
 the course of its administration of a law is empowered 
 to ascertain some questions of fact and apply the exist- 
 ing law thereto, and in so doing acts quasi judicially; 
 
 37 BOTD W C
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 578 
 
 but it is not thereby vested with judicial power in the 
 constitutional sense. 
 
 "There are many such administrative bodies or com- 
 missions, and with the increasing complexity of modern 
 government they seem likely to increase rather than 
 diminish. Examples may be easily thought of. Town 
 boards, boards of health, boards of review, boards of 
 equalization, railroad rate commissions, and public util- 
 ity commissions all come within this class. They per- 
 form very important duties in our scheme of govern- 
 ment, but they are not Legislatures or courts. The 
 legislative branch of the government by statute deter- 
 mines the rights, duties, and liabilities of persons and 
 corporations under certain conditions of fact, and vary- 
 ing as the facts and conditions change. Manifestly the 
 Legislature can not remain in session and pass a new 
 act upon every change of conditions; but it may and 
 .does commit to an administrative board the duty of as- 
 certaining when the facts exist which call into activity 
 certain provisions of the law, and when conditions have 
 changed so as to call into activity other provisions. 
 The law is made by the Legislature; the facts 
 upon which its operation is dependent are ascer- 
 tained by the administrative board. While acting 
 within the scope of its duty, or its jurisdiction, as it is 
 sometimes called, such a board may lawfully be endowed 
 with very broad powers, and its conclusions may be 
 given great dignity and force, so that courts may not 
 reverse them unless the proof be clear and satisfactory 
 that they are wrong. M., St. P. & S. S. M. R. Co. v. R. 
 R. Com.,136 Wis. 146, 116 N. W. 905, 17 L. R. A. (N. 
 S.) 821. Not only this, but many such boards are 
 created whose decisions of fact honestly made within 
 their jurisdiction are not subject to review in any pro- 
 ceeding. State ex rel. v. Chittenden, 112 Wis. 569, 88 
 N. W. 587; State ex rel. v. Wharton, 117 Wis. 558, 94 
 N. W. 359; State ex rel. Cook v. Houser, 122 Wis.
 
 579 WISCONSIN ACT. 228 
 
 534-561, 100 N. W. 964; State ex rel. v. Trustees, 138 
 Wis. 133, 119 N. W. 806, 20 L. R. A. (N. S.) 1175. It is 
 important to notice the limitation contained in the last 
 sentence. The decision of such a board may be made 
 conclusive when the board is acting within its jurisdic- 
 tion, not otherwise. Hence the question of its jurisdic- 
 tion is one always open to the courts for review. It 
 can not itself conclusively settle that question, and thus 
 endow itself with power. If no appeal from its conclu- 
 sions be provided, the question whether it has acted 
 within or exceeded its jurisdiction is always open to the 
 examination and decision of the proper court by writ of 
 certiorari. The instances where the question of juris- 
 diction of such bodies has been examined and decided 
 in certiorari actions are so numerous that it seems un- 
 necessary to cite them. In such cases it is considered 
 that clear violations of law in reaching the result reached 
 by the board, such as acting without evidence when 
 evidence is required, or making a decision contrary to 
 all the evidence, constitute jurisdictional error, and will 
 justify reversal of the board's action, as well as the fail- 
 ure to take the proper steps to acquire jurisdiction at 
 the beginning of the proceeding. State ex rel. Augusta 
 v. Losby, 115 Wis. 57, 90 N. W. 188. 
 
 "Thus, in the case before us, the jurisdiction of the 
 Industrial Commission to entertain any claim for com- 
 pensation under the act rests upon two facts which must 
 exist, viz.: (1) That both employer and employe have 
 elected to come under the act; and (2) that the injury 
 was received in service growing out of or incidental to 
 the employment as the result of accident, and not of 
 wilful misconduct. 
 
 "[10] The Industrial Commission must, of course, 
 decide these questions in any case where they are raised; 
 but it cannot decide them conclusively, for they are jur- 
 isdictional questions on which its right to act at all de- 
 pends. They must be open to review in some court of
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 580 
 
 competent jurisdiction; otherwise, the parties would be 
 denied due process of law. The tribunal only has au- 
 thority over those who have voluntarily elected to give 
 it authority, and if it can decide finally that a man has 
 given consent, when he has not, it assumes the functions 
 of a court. If the act before us took away from the 
 courts the power to consider these jurisdictional ques- 
 tions, either expressly or by necessary implication, the 
 contention that judicial power had been vested in the 
 commission, contrary to the command of the Constitu- 
 tion, would be of greater force; but we think that the 
 act does not do this, or attempt to do it. True, it says 
 that the findings of fact made by the commission shall, 
 in the absence of fraud be conclusive ; but it provides 
 for an action in the circuit court of Dane county, in 
 which the board's award may be set aside upon either 
 of three grounds, viz.: (1) That the board acted with- 
 out or in excess of its powers; (2) that the award was 
 procured by fraud; and (3) that the findings of fact do 
 not support the award. 
 
 "[11] We regard the expression "without or in ex- 
 cess of its powers" as substantially the equivalent, or at 
 least as inclusive of the expression "without or in excess 
 of its jurisdiction," as those words are used in certiorari 
 actions to review the decisions of administrative officers 
 and bodies. We know of no other construction that can 
 be logically given to them, and it seems to us that they 
 were designedly and advisedly inserted by the framers 
 of the bill to meet the very objection which is now made. 
 With this construction, it is certain that the constitu- 
 tional powers of the courts have not been invaded, and 
 that no man without his consent can be brought under 
 the law or is deprived of his right to "due process of 
 law" thereby. 
 
 "There are some further objections which will be 
 more briefly considered. It is said that, even if it be held 
 that the act is not coercive, still when employer and em-
 
 581 WISCONSIN ACT. 228 
 
 ploye consent to come under the law they in effect whol- 
 ly stipulate away their rights to resort to the courts, 
 and that such agreements are void, citing Fox v. M. F. 
 A. Assn., 96 Wis. 390, 71 N. W. 363. The case cited, 
 however, recognizes the companion principle that agree- 
 ments to arbitrate special matters, such, for instance, as 
 the amount of the loss under an insurance policy (or, as 
 in the present case, the extent of an injury or disability, 
 and the like), which do not go to the whole groundwork 
 of the controversy, are universally sustained. As we 
 have seen, these special matters are the only matters 
 which the board may conclusively decide under this law. 
 If there be a controversy as to fundamental rights, 
 namely, whether the parties have consented, or as to 
 whether the injuries resulted from wilful misconduct, 
 these issues are still open to the court upon the appeal. 
 "In considering the question as to how far consent 
 may go in matters of this kind, a case not cited in the 
 briefs or mentioned in the oral argument should, we 
 think, be referred to here, viz., the case of Van Slyke v. 
 Inrnrance Co., 39 Wis. 390, 20 Am. Rep. 50. In this 
 case it appeared that the Legislature had passed a law 
 providing that in case of the filing of an affidavit of 
 prejudice against a circuit judge the parties might, if 
 they chose, stipulate that a member of the bar should 
 act as judge and try the case, with all the powers of the 
 regularly elected judge of the court. Acting on this 
 law, the parties in the case agreed that Mr. John J. 
 Cole should try the case, and he did so, rendered judg- 
 ment for the plaintiff, and the defendant appealed. The 
 court held (Chief Justice Ryan writing the opinion) 
 that the Constitution having vested all the judicial pow- 
 er of the state in the courts, and provided for the elec- 
 tion of judges for such courts, the Legislature could 
 confer no judicial power on other officers or persons, 
 nor authorize the parties to an action to do so; hence 
 there was no trial before a court, and no judgment. The
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 582 
 
 question as to whether the defeated party might not be 
 prevented from raising any objection by his voluntary 
 waiver was not considered or mentioned; but in any 
 event the case has no bearing here, and is only men- 
 tioned in order to show that it has not been overlooked. 
 It only decides that neither the Legislature nor private 
 parties can make a judge out of a private citizen, and 
 endow him with the power to hold a court, contrary to 
 the direct command of the Constitution. As the com- 
 mission in the present case is not a court, but simply an 
 administrative board, the doctrine laid down in the case 
 cited has no application. 
 
 "[12] Again, it is said that the act compels munici- 
 palities to levy taxes for other than public purposes, 
 since all workmen injured in the employ of the public 
 are to be compensated, and thus taxpayers will be de- 
 prived of their property without due process of law. 
 We have not been quite able to appreciate the force of 
 this point, and we find no argument upon it in the brief. 
 We shall only say that the manner in which the state or 
 the public shall treat its workmen is peculiarly a matter 
 for the Legislature to determine. No one is compelled 
 to work for the public, and, if he does, he takes his sit- 
 uation on the terms which the public gives. We know 
 of no reason why the public, acting by its lawmaking 
 power, may not provide that its employes shall have as 
 part of their compensation certain indemnities in case 
 of accidental injury in the public service. When a law 
 does so provide, the raising of the funds to discharge 
 those indemnities becomes plainly a proper public pur- 
 pose. 
 
 "[13] Objection is made to those clauses of section 
 2394 16 which provide for the giving of notice of claim 
 by mail, and allow testimony to be taken without notice 
 to either party, and the claim is made that this is not 
 "due process of law." Were the commission a court, 
 these objections would probably deserve serious consid-
 
 583 WISCONSIN ACT. 228 
 
 eration, especially the latter one. But, as we have seen, 
 the commission is an administrative board merely. It is 
 common knowledge that such boards are frequently 
 given power to investigate and determine facts without 
 notice to the parties of each successive step in the pro- 
 ceedings. The proceedings before such boards are not 
 expected to be as formal and cumbrous as the proceed- 
 ings of courts ; indeed, the greater flexibility which such 
 bodies must possess if they are to discharge their duties 
 seems to demand greater freedom of action. If notice, 
 either actual or constructive, of the commencement of 
 the proceedings before such a body be required to be 
 given to the parties interested, and they be given full 
 and free opportunity to be heard and present evidence, 
 it is generally held sufficient, even though notice of in- 
 termediate steps in the proceeding be not required or 
 given. Schintgen v. La Crosse, 117 Wis. 158, 94 N. W. 
 84. In case of a board like the present, which only acts 
 on the rights of parties who have consented that it may 
 so act, the reason of the rule is far stronger. 
 
 "[14] Some contention is made in the brief that 
 minors can not be treated in the same manner as adults, 
 and that the provisions of the law which declares that a 
 minor who is legally entitled to work shall have the 
 same power of contracting for service as an adult is ob- 
 jectionable, because it allows the employer to decide 
 whether the law shall treat his minor employes as adults. 
 The objection seems to us fanciful and elusive. There 
 is no claim that the Legislature may not endow minors 
 with the right to make contracts otherwise lawful, and, 
 if this be so, it seems to us to be the end of the dis- 
 cussion. After the minor is so endowed, he becomes 
 for the purposes of the act an adult, or at least on the 
 same plane. No adult employe of a private employer 
 can elect to come under the act unless his employer has 
 first elected to do so. So the employer has the power 
 to decide whether any of his employes, infant or adult,
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 584 
 
 shall have the privileges of the act if they continue to 
 work for him. This is practically all there is of the mat- 
 ter, and we see no substantial distinction between the 
 effect of the law upon the adult and its effect upon the 
 minor. 
 
 "The foregoing considerations are believed to fully 
 meet and dispose of all the objections made to the law 
 which could reasonably be claimed to be fatal to the en- 
 tire law if sustained. There are many objections made 
 to single sections or clauses of the law, which we do 
 not find it necessary or advisable to treat at this time. 
 Even should some or all of them be sustained, it is our 
 judgment that the sections or clauses so questioned 
 could not be said to be so far compensations for or in- 
 ducements to the balance of the law that the entire law 
 must fall. In our judgment it is better to reserve these 
 questions for consideration when an actual case arises 
 which calls for the decision of the court upon them. It 
 is well-nigh impossible for the human mind to call up 
 and contemplate in advance all the considerations which 
 ought to be considered in passing upon the validity of 
 the various incidental clauses of a new and complicated 
 law. The concrete case and its actual circumstances 
 and effects are apt to throw much light upon the ques- 
 tion and suggest considerations wholly unthought of 
 when viewing the matter abstractly in advance of any 
 actual experience. 
 
 "Among these contentions, which we now pass with- 
 out decision, perhaps the most important is the con- 
 tention that so much of section 2394 16 as provides 
 that the board or any member thereof, or any examiner 
 appointed thereby, shall have power to issue subpoenas, 
 obedience to which shall be enforced by contempt pro- 
 ceedings in the circuit court. This seems to present a 
 serious question, worthy of careful examination, and we 
 intimate no opinion upon it now. 
 
 "Other minor contentions, which we do not consider
 
 WISCONSIN ACT. 228 
 
 it necessary or advisable to pass upon now, are to the 
 effect that the clauses are void which empower the com- 
 mission (1) to declare and enforce penalties against the 
 employer for failure to perform certain orders of the 
 board made pending hearing (section 2394 17) ; (2) 
 to set aside or modify contracts of settlement previously 
 made by the parties (section 2394 15); and (3) to re- 
 gulate the amount of contingent attorney's fees and per- 
 mit one claimant to make a contract which it may re- 
 fuse to allow another to make (section 2394 22). 
 
 "[15] Before closing, we shall briefly refer to an- 
 other question which was not much discussed on the 
 argument, namely, the question whether the law ap- 
 plies or was intended to apply to persons who, like the 
 plaintiffs, are employed under contracts of service made 
 prior to the passage of the law, and which do not ex- 
 pire until some definite date in the future, and, if so, 
 whether the law can apply to them without impairing 
 the obligations of their contracts, and thus violating the 
 Constitution. As to the first branch of this question, we 
 think that the language of the act leaves no doubt as to 
 the intention of the Legislature. The entire act by ex- 
 press terms was to become effective September 1, 1911. 
 Its provisions are broad, and without express exception, 
 read according to their grammatical meaning, they in- 
 clude all employers and employes who occupy those re- 
 lations at the time the law becomes effective. If there 
 was an intention to exclude any from its terms, that in- 
 tention has been carefully concealed. We conclude that 
 it was intended to include all employers and employes, 
 whatever the term of service. The question whether 
 the act as so construed affects an existing contract of 
 service expiring at some distant period in the future is 
 easily answered in the negative, as it seems to us. Cer- 
 tainly the law does not affect the service to be rendered, 
 or the wages to be paid in any way. Neither the obli- 
 gation of the workman to faithfully do his work, nor
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 586 
 
 the obligation of the employer to faithfully pay the 
 stipulated wage, nor the remedy in case of breach by 
 either party, is in any way affected. What, then, is af- 
 fected? Plainly no provision of the contract; but, if 
 the employer elects to come under the law, the employe 
 must choose whether he will come under it or not, and if 
 he does not wish to come under it he may run the risk 
 of being discharged, or if he wishes to retain his employ- 
 ment he may feel compelled to elect to come under the 
 law, and thus lose his right to bring an action at law in 
 case of a personal injury sustained in the employment. 
 "[16] But all this does not in any way affect the con- 
 tract of employment. That remains absolutely unim- 
 paired in all its terms. The right to bring an action in 
 the future in case of a possible tort not yet committed 
 is no part of the contract of employment. That right 
 arises out of the relation of employer and employe, and 
 is subject to change by the lawmaking power at any 
 time. The employer does not contract that it shall re- 
 main intact. There is no vested right in a mere remedy 
 for a hpothetical wrong. At most the law can not be 
 said to do more than change the remedy for a tort 
 which is yet to happen, and may never happen. The 
 Legislature may change the remedies for torts yet to 
 be committed at any time, and such changes can not be 
 said to make any change in mere contracts of service 
 existing between the parties. This seems very patent. 
 The Legislature has at many times within the last two 
 decades passed laws very materially changing the lia- 
 bilities of employers to employes for injuries resulting 
 from the negligent acts of the employer: e. g., the laws 
 requiring the protection of machinery, abolishing as- 
 sumption of risk in such cases, abolishing the coemploye 
 rule as to railway companies, and changing the rules 
 as to contributory negligence. In no case has the 
 claim ever been made that these laws in any way 
 affected or impaired existing contracts of service for
 
 587 WISCONSIN ACT. 228 
 
 terms expiring in the future although many cases must 
 doubtless have occurred where those laws were applied 
 to parties who were under such contracts. 
 
 "We have now discussed all of the contentions made 
 against the law which we deem entitled to detailed treat- 
 ment, and we find no serious difficulty in sustaining its 
 fundamental and essential provisions. As said in the 
 beginning of this opinion, this law forms the answer of 
 the Legislature to a very widespread demand. It is a 
 legislative attempt to reach within constitutional lines 
 some fair solution of a serious problem which other na- 
 tions, not restricted by written constitutional inhibi- 
 tions,' have solved or partially solved years ago. Doubt- 
 less the law will need and will receive changes and 
 amendments as time shall test its provisions and demon- 
 strate its weak points. It would be unreasonable to 
 expect that a law covering so important a subject along 
 lines not before attempted should be perfect, or very 
 near perfect, upon its first enactment. If experience 
 shall demonstrate that it is practicable and workable, 
 and operates either wholly or in great measure to put 
 an end to that great mass of personal injury litigation 
 between employer and employe, with its tremendous 
 waste of money and its unsatisfactory results, which 
 now burdens the courts, the long and painstaking labors 
 of those legislators and citizens who collaborated in 
 framing it will be fittingly rewarded by a result so 
 greatly to be desired. That result will mean a distinct 
 improvement in our social and economic conditions. 
 
 "The effect of our conclusions upon the result in the 
 present case is yet to be considered. The complaint was 
 sustained, and the injunction granted, on the ground 
 apparently that, the law being valid, the plaintiffs would 
 be greatly injured if their employer elected to become 
 bound by it, because they would be obliged either to 
 break their existing contracts or lose their common-law 
 remedies for their employer's torts. Granting all that
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 588 
 
 plaintiffs claim as to the necessary results of their em- 
 ployer's election, it is very certain that no irreparable 
 injury results to them. If their employer breaks his 
 contract of employment because they decline to accept 
 the new law, they have adequate legal remedies for the 
 recovery of damages. If, on the other hand, they elect 
 to come under the law themselves, they lose no vested 
 or contract right, and are not damaged in the eyes of 
 the law by the change in their remedies for future torts. 
 In either event there is no cause of action in equity, and 
 no ground for an injunction. The complaint should 
 have been dismissed on the pleadings. 
 
 "Judgment reversed, and action remanded, with di- 
 rections to dismiss the complaint. 
 
 "Mr. Justice Barnes in his concurring opinion said: 
 I concur in the opinion of the Chief Justice, except in 
 so far as it is said in effect that our Constitutions may 
 mean one thing today and something different tomor- 
 row, depending on whether conditions and ideals have 
 in the meantime undergone a change. I regard our 
 Constitutions as immutable, except when changed in the 
 manner therein prescribed. Judges, in interpreting our 
 fundamental laws, may at one time reach conclusions 
 different from those which would be reached at another 
 time. This does not argue that the constitutional pro- 
 vision under consideration has undergone any change, 
 but demonstrates that judges, being finite beings, made 
 a mistake at one time or the other. No act of the Legis- 
 lature should be declared unconstitutional unless it is 
 clearly so. This is elementary. By hewing closely to 
 this line, there is little danger of the courts committing 
 any serious blunders in interpreting our organic laws. 
 If a legislative act, measured by this standard, trenches 
 on the Constitution, it should be held void, regardless of 
 whether or not the provision violated is out of harmony 
 with twentieth century conditions and ideals. To hold 
 otherwise is to say that the courts may change our
 
 WISCONSIN ACT. 228 
 
 fundamental laws. This would be a clear usurpation of 
 power, never vested nor intended to be vested in the 
 courts, and one which was reserved to the people them- 
 selves. I am a firm believer in constitutional govern- 
 ment. I do not share the belief that our Constitutions 
 have become archaic, or that they have outlived their 
 usefulness. If the opinion of the court is intended to 
 mean that it is a doubtful question whether our Consti- 
 tutions should be preserved or thrown in the "scrap 
 heap," I do not agree with it. 
 
 Said Mr. Justice Marshall in concurrence: The re- 
 sult, itself, meets with my unqualified approval. Some 
 language in the court's opinion, however, respecting the 
 Constitution, I fear will be construed in a different way 
 than the writer thereof, or any member of the court, in- 
 tended or would sanction, tending to impair the lofty 
 character of the fundamental law as significantly main- 
 tained by this court. I am not alone in that. Other 
 language appears which does not express my personal 
 views. True, none of such is matter of decision or even 
 judicial dicta, but, if left unchallenged, it is liable to mis- 
 leadingly indicate a trend of judicial thought here which, 
 I am safe in saying, does not exist. I choose to avoid 
 responsibility therefor. It, seemingly, is my duty to do 
 so. In discharging that duty I wish not to take from 
 the dignity of the court's able opinion on the vital ques- 
 tions presented for solution. I do not understand they 
 involved any new constitutional, or any, question of 
 difficulty, giving rise, under any circumstances, to desire 
 a broader fundamental spirit than has been long firmly 
 entrenched in the jurisprudence of this country. 
 
 "The law approved is a very mild piece of legislation. 
 While I would not suggest it is too moderate for now 
 for that is not within my province yet I would not indi- 
 cate that the Legislature responded as fully as it might 
 to the need for a system as directly as practicable, laying 
 the personal injury burdens of production upon the
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 590 
 
 things produced where they belong, as should have been 
 efficiently recognized long ago, and would have been 
 had the lawmaking power appreciated that it is its prov- 
 ince, not that of courts, to cure infirmity in the law. If 
 criticisms, unjustly and freely directed toward the latter 
 and the human instrumentalities thereof, merely be- 
 cause of their fidelity to duty to maintain the laws as 
 given, had been turned upon the former for failure to 
 better conserve human happiness in the industrial field 
 in the light of twentieth century conditions, untold 
 suffering might have been prevented, which only the 
 people's representatives could prevent. Tardy recogni- 
 tion of such duty casts no reflection upon legislative 
 actors of today. Who can say but that they would have 
 had the same ideals as now, and effected the same re- 
 sults long ago if opportunity had been offered them to 
 do so? It has been, in the past, far easier to criticise a 
 power which was helpless to supply a remedy, than to 
 suggest one or move legislative power to adopt one. 
 
 "I am constrained to write the foregoing to give de- 
 served credit to the patient, earnest, efficient labor of 
 the lawmakers who placed the enactment in question 
 upon the statute book of this state. It would give them 
 too little credit to record, merely, that they bowed to 
 public demand, and too little credit to this court to leave 
 room for the thought that it has been influenced by any 
 such demand to give the Constitution any new shade of 
 meaning to sustain the enactment, or that it would 
 change, or arrogate to itself power or disposition to 
 change, fundamentals in any sense, by judicial interpre- 
 tation. 
 
 "As to the subject of the enactment, advanced think- 
 ers in economics, law and legislation have been at the 
 front and the public has been slow to follow. It took 
 the industrious, able, patient, tactful legislative commit- 
 tee over two years of activity, to educate the people up 
 to willingness to accept on trial the mild law before us.
 
 59 ! WISCONSIN ACT. 228 
 
 Opposition had to be overcome by education on all sides. 
 The Legislature responded, not so much to a general de- 
 mand, as to a constitutional command, to conserve, in 
 the light of the present, the public welfare. 
 
 "The remarks in the court's opinion which may sug- 
 gest to some that a different meaning is to be read out 
 of the Constitution now than formerly; that it may have 
 meant one thing when framed and later another, and 
 now be held differently, according to judicial interpreta- 
 tion to meet social necessities as recognized by human 
 instrumentalities in the particular environment prob- 
 ably was not so intended, but I sense danger of a con- 
 trary impression going out. Such ability to bend the 
 fundamental law in the name of judicial interpretation 
 the idea that an eighteenth century construction for an 
 eighteenth century condition may not, and at the hands 
 of the court does not have to, fit a twentieth century 
 condition has been advanced by some, but not, signifi- 
 cantly at least, by any court. On the contrary, it has 
 met with universal condemnation. That it is wrong, 
 every man of eminence that has ever written upon the 
 subject in the past, as well as the very nature of the case 
 and the very logic and limitations of judicial interpreta- 
 tion, bear witness. The fertile method of dealing with 
 the Constitution has been characterized as one which 
 has "furnished a mode of argument which would on the 
 one hand leave the Constitution crippled and inanimate, 
 or on the other give it an extent of elasticity subversive 
 of all rational boundaries." Story, Constitution, 389. 
 
 "Manifestly, there can be but one right interpretation 
 or construction of the Constitution. It is said to have 
 been constructed of general declarations, so that, in let- 
 ter and spirit, it might abide indefinitely and would have 
 to so abide, dealing with all conditions and all ages, ex- 
 cept as amended in the manner therein specified. Con- 
 siderately with that, there can be but one viewpoint for 
 interpretation, and that is the one from which the fram-
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 592 
 
 ers of the system builded. That is unmistakably indi- 
 cated in Marbury v. Madison, 1 Cranch 137, 2 L. Ed. 60; 
 Martin v. Hunter, 1 Wheat. 304, 4 L. Ed. 97. 
 
 "We speak of the Constitution in a general sense 
 the American system, commencing with the federal 
 model and including the state Constitutions framed in 
 harmony therewith. In all writings thereon, from Chief 
 Justice Marshall to date, the idea that it can not be prop- 
 erly judicially changed to suit the notions of the times, 
 and that there will appear little need therefor when the 
 real nature thereof is comprehended, is made prominent. 
 It was that idea, largely, which moved one eminent 
 writer to speak of it as the "greatest single achievement 
 of the eighteenth century," and another to characterize 
 it as the "most wonderful work ever struck off at a given 
 time by the brain and purpose of man." Truly, it can 
 not be said of that which was so unequaled in the eight- 
 eenth century, and, we may well add, was unequaled in 
 the nineteenth and has been since, that it can take the 
 cast, so to speak, from time to time of its environment 
 as judicial instrumentalities may view it through the 
 vista of conditions in praesenti. All history says no. 
 The very inconsistency of the contrary says no. The 
 absence of any necessity for, and the destructive dan- 
 ger of, any such quality, say no. 
 
 "A new remedy for a new condition within the bound- 
 aries of reason is within legitimate police authority. 
 Who could wish more? How could more exist and 
 human liberty natural, inherent rights be safe? 
 Would it not be well to recur to the classic rule for test- 
 ing legitimacy of legislative enactments, given by the 
 most eminent judicial expounder of the Constitution of 
 which the history of American jurisprudence bears 
 record: 
 
 " 'Let the end be legitimate, let it be within the scope 
 of the Constitution, and all means which are appropri- 
 ate, which are plainly adapted to that end, which are not
 
 593 WISCONSIN ACT. 228 
 
 prohibited, but consist with the letter and spirit of the 
 Constitution, are constitutional.' McCulloch v. Mary- 
 land, 4 Wheat. 316, 421, 4 L. Ed. 579. 
 
 "With that and the significance of the declared pur- 
 pose and central thought of the Constitution in mind, 
 much of the supposed difficulty which has stimulated 
 suggestions of competency to, and necessity for, bend- 
 ing it by a usurpatious method of interpretion, will dis- 
 appear. 
 
 "How are we to determine when the purpose of a law 
 in the field of police power, and unaffected by any ex- 
 press prohibition, is legitimate? It seems the answer 
 is easy. Look first to the purpose of the Constitution, 
 found in the declaration, "Grateful to Almighty God for 
 our freedom, in order to secure its blessings, form a 
 more perfect union, insure domestic tranquility and pro- 
 mote the general welfare" we "do establish this Con- 
 stitution." Then to the central thought the very 
 superstructure upon which the whole was builded: 
 "All men are born equally free and independent and 
 have certain inherent rights, among those are life, lib- 
 erty and the pursuit of happiness." There is voiced a 
 broad spirit, covering as this court has, in effect, many 
 times said, a field as limitless as are human needs. The 
 language was not used for mere rhetorical ornamenta- 
 tion or effect, but to suggest the permissible scope of 
 legislation in the zone of general welfare, its extent and 
 its limitations. Durkee v. Janesville, 28 Wis. 464, 9 Am. 
 Rep. 500; State, etc., v. Kreutzberg, 114 Wis. 530, 90 N. 
 W. 1098, 58 L. R. A. 748, 91 Am. St. Rep. 934; State, 
 etc., v. Redmon, 134 Wis. 89, 114 N. W. 137, 14 L. R. A. ( 
 (N. S.) 229, 126 Am. St. Rep. 1003; Bonnett v. Vallier, 
 136 Wis. 193, 116 N. W. 885, 17 L. R. A. (N. S.) 486, 
 128 Am. St. Rep. 1061. 
 
 "So here, as it seems, the initial question was this : 
 Is the purpose of the law legitimate, within the broad 
 dominating spirit mentioned? The answer must be yes. 
 
 39 BOYD W C
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. '594 
 
 as the manifest purpose is to promote every element of 
 the central thought of the Constitution. Anything 
 fairly within that has always been and must, necessarily 
 always, be held legitimate. Keeping in mind that in the 
 selection of means the Legislature has a very broad 
 comprehensive field in which to freely make a choice, 
 the next question is, are the means contemplated rea- 
 sonably appropriate to the end to be attained? Not are 
 they the best means, but are they proper means, in that 
 they are not within any express prohibition and tend to 
 conserve rather than to destroy? All must agree in the 
 affirmative on that in harmony with the best thought of 
 all the more civilized nations of Europe. The difficulty 
 here has been, want of appreciation of the great eco- 
 nomic truth, that personal injury losses incident to in- 
 dustrial pursuits, as certainly as wages, are a part of the 
 cost of production of those things essential to or proper 
 for human consumption, and the more direct they are 
 incorporated therein, the less the enhancement of cost 
 and the better for all. 
 
 "True, the old remedies for losses mentioned have 
 been inefficient and wasteful. They are, economically 
 speaking, unscientific and have always been. It is more 
 apparent now than formerly by reason of greater and 
 more numerous modern activities and methods, that is 
 all. In truth, the infirmity from an economic stand- 
 point, and from the standpoint of man's duty to his fel- 
 low men, has always existed, though the quantum of 
 regrettable results and useless waste has greatly in- 
 creased by the multiplication of human activities and 
 physical instrumentalities. 
 
 "So it will be seen, I think, that while particular means 
 may be reasonably appropriate to a legitimate purpose 
 under some conditions characterizing a particular 
 period, and not have been at a prior time, no change 
 in the Constitution is involved in remedying the misfit. 
 The end being proper the legitimacy of means may be
 
 595 WISCONSIN ACT. 228 
 
 dependable upon conditions, the question turning more 
 on matter of fact than anything else. The change of 
 mere means does not require a fundamental change, so 
 long as legitimacy of end and reasonable appropriate- 
 ness of means shall be kept efficiently in view. 
 
 "Want of appreciation, in my judgment, of the Con- 
 stitution from the viewpoint suggested, has led some to 
 advocate judicial changes to meet new conditions, while 
 others have insisted that many amendments, made in 
 the prescribed way, practically substituting a new sys- 
 tem for that of the fathers, are necessary or advisable, 
 and. still others have maintained the broad liberal view 
 suggested, which was early entrenched in the juris- 
 prudence of this county by the judicial writings of Chief 
 Justice John Marshall. That idea renders changes of 
 any kind unnecessary to legislative competency to legis- 
 late to any extent which reasonably promotes a consti- 
 tutional object. Anything further would destroy, or 
 tend to destroy, instead of promote public welfare. Such 
 idea is the safe one and the right one from the view- 
 point, I think, of the fathers. It is the one sturdily 
 maintained by this court. It is the one I feel competent 
 to say, all members of this court would now maintain 
 and that nothing in its opinion should be otherwise 
 taken. 
 
 "If the Constitution is to efficiently endure, the idea 
 that it is capable of being resquared, from time to time, 
 to fit new legislative or judicial notions of necessities in 
 praesenti, instead of new legislation being tested by it, 
 must be combated whenever and wherever advanced, 
 and wrong impressions in regard to the matter carefully 
 guarded against. To even, significantly, speak of mak- 
 ing the Constitution adaptable to new conditions by 
 means of interpretation, when the selection of new and 
 constitutional means, adaptable to such conditions, is 
 meant, is liable to confuse and weaken that high regard 
 all should have for the fundamental law as a broad,
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 596 
 
 definite, certain, comprehensive, unvarying and unvari- 
 able system, other than by the means therein pointed 
 out. Dark will be the day, if that day will ever come, 
 for the people of this country, and dark to the people 
 of all countries whose attention is directed here for les- 
 sons in constitutional government, when our system 
 shall not be held up by the courts as speaking the same 
 at one time as at another, except in so far as changes 
 shall be made in the particular way. That is the doc- 
 trine of Marbury v. Madison, 1 Cranch 137, 2 L. Ed. 60. 
 No one can read that great exposition of our system 
 without appreciating how illogical it is to speak of inter- 
 pretation as an instrumentality for giving, from time to 
 time, a different cast to the fundamental law. The 
 whole spirit of the court's logic condemns such reason- 
 ing as heresy. Note the significance of this : "The 
 exercise of this original right" to make a system of gov- 
 ernment "is a very great exertion, nor can it, nor ought 
 it to be frequently repeated. The principles therefore, 
 so established, are deemed fundamental, and as the au- 
 thority from which they proceed is supreme, and can 
 seldom act, they are designed to be permanent." In 
 that connection the court added, in unanswerable logic, 
 that the Constitution is not only the paramount law, but 
 is absolutely unchangeable by ordinary means ; that laws 
 adaptable to it are legitimate, and laws so-called, not so 
 adaptable, are not laws at all. It was designed to gov- 
 ern the Legislature and the courts as well. That con- 
 ception is of something high above either Legislatures 
 or courts, to vary it. How can that be done by indirec- 
 tion, miscalled interpretation and construction a 
 method of rounding a syllogism with a conclusion based 
 on false premises. Interpretation of that sort would 
 enable courts to evade and render useless the most care- 
 fully drawn enactments whether of fundamental or 
 subsidiary law. 
 
 "So, in short, I think the law in question is a reason-
 
 597 WISCONSIN ACT. 228 
 
 ably appropriate means to effect a constitutional pur- 
 pose; that the Constitution needs no bending whatever 
 in order to sustain it in its essential features, and none 
 would be proper if the contrary were the case. 
 
 "The foregoing I can but regard out of harmony with 
 this, in its letter: "Changed social, economic and gov- 
 ernmental conditions and ideals of the time, as well as 
 the problems the changes have produced, must largely 
 enter into the consideration and become influential fac- 
 tors in the settlement of problems of construction and 
 interpretation" so far as it is pregnant with the 
 thought that the fundamental law is judicially change- 
 able. The words "problems" of "construction" and 
 "interpretation" I think were unfortunately used, if the 
 thought was merely of problems of whether new enact- 
 ments to cope with new conditions are within or without 
 the legitimate field of legislative activity, having regard 
 to appropriateness of means to effect a constitutional 
 end. The latter might be, as I have suggested, at one 
 time and not a half century theretofore, because changed 
 conditions may render an end legitimate, within the un- 
 changeable scope of the fundamental law, which earlier 
 was not, or the selected means to effect that end might 
 be reasonably appropriate at one time, though not so a 
 century, more or less, theretofore. 
 
 "Why treat judicial interpretations of law as a process 
 of following changing ideals, social problems and ideas, 
 since its sole office is to solve uncertainties as to the in- 
 tent at the time of the enactment? Interpretation com- 
 mences where begins uncertainty obscurity as to the 
 meaning the lawgivers purposed putting into the enact- 
 ment and succeeded, discoverably, in expressing, liter- 
 ally or inferentially. In short, the gist of the matter is 
 the intent when the law was made, not what one can 
 make the language say in a different environment from 
 that of its origin to accomplish a desired purpose. No 
 bending is permissible for the latter purpose, but for the
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 598 
 
 former the very letter may have to give way to the 
 spirit. State, etc., v. Ryan, 99 Wis. 123, 74 N. W. 544; 
 State, etc., v. R. R. Comm., 137 Wis. 80, 117 N. W. 846; 
 State, etc., v. Phelps, 144 Wis. 1, 128 N. W. 1041. The 
 expounder is to "look to the whole and every part of the 
 law, to the intent apparent from the whole, to the sub- 
 ject-matter, to the effects and consequences, to the rea- 
 son and spirit, and thereby ascertain the ruling idea 
 present" in the lawgiving body's mind at the time of the 
 enactment, and then, so far as such idea can reasonably 
 be spelled out of the enactment, give effect to it though 
 it violates the letter. Wisconsin Industrial School for 
 Girls v. Clark County, 103 Wis. 651, 659, 79 N. W. 422. 
 "True, 'the Constitution is a very human document' 
 in the sense that it is a collection of words recognizing, 
 characterizing and guaranteeing the natural rights of 
 man all that are essential to public welfare in the social 
 state, but not so in the sense of creating such rights. 
 The right to life, to liberty, to happiness, to equality one 
 with another, are not of human creation. They are of 
 divine origin, though by human instrumentality some 
 one or more of them might be taken away. It is to pre- 
 vent that, in the main, the Constitution was framed. So 
 anything not expressly prohibited which reasonably 
 conserves those God-given rights, is within its saving 
 grace. Anything which clearly or materially impairs or 
 destroys any one of them is condemned by it. It were 
 better to inculcate the idea that it is not subject to 
 change with the change of times and conditions, though 
 such new conditions, by logical process may well be the 
 deciding factor as to whether legislative means, resorted 
 to for a particular end, are within or without the un- 
 changeable constitutional principles. Manifestly it must 
 have been the latter conception of the Constitution 
 which so inspired statesmen of the first century of the 
 republic with veneration for it. That might well have 
 inspired Webster to love it, "to have a profound passion
 
 599 WISCONSIN ACT. 228 
 
 for it," to "cherish it day and night," to "live on its 
 healthful saving influence," and to "trust never, never to 
 cease to heed it until" he should "go to the grave of his 
 fathers," to "earnestly desire not to outlive it." It is 
 good to draw inspiration from those lofty sentiments. 
 I would not by word or deed, to any extent give rise to 
 the thought that the ancient dignity of our system, in 
 judicial conception here, has changed. 
 
 "At no period has appreciation of the great work of 
 the fathers been more important than now. We need 
 to sit anew, in thought, at their feet revive knowledge 
 that the result was wrought by a body or men repre- 
 sentatives of the great seats of learning of the English 
 speaking race of two hemispheres, and otherwise men 
 of broad experience, many of whom had been students 
 of all federal governments of all prior ages in prepara- 
 tion for the special task as the historian declared, "the 
 goodliest fellowship of lawgivers whereof this world has 
 record" a body dominated by specialists inspired "by 
 ennobling love for their fellow men" and the thought 
 that they wrought, not for their age alone, but for the 
 ages to come, and, so, sought to avoid the infirmities of 
 previous systems of government by the people, by care- 
 fully providing that no change in letter or spirit should 
 occur except in a particular and most deliberate and con- 
 servative way. 
 
 "Appreciating that the report of this case will be 
 widely read and commented upon within and without 
 the field of judicial administration, I particularly desire 
 to avoid creation of, or administering to, false impres- 
 sions respecting the dignity of the abolished defenses 
 and the responsibility of courts for their existence. 
 
 "True, such defenses are of judicial origin, but not as 
 that term, without explanation, might be understood by 
 laymen. They are so in the same sense that a large 
 part of the law, upon which rights and remedies depend, 
 is of such creation. Nevertheless, all such is as much
 
 228 WORKMEN'S COMPENSATION AND INSURANCE. 600 
 
 the law of this state, to be respected by the courts, as 
 any part of the Constitution or any act of the Legisla- 
 ture. It did not originate with the courts of our age or 
 century. It has not been within the competency of this 
 court at any time to change it. The defenses in ques- 
 tion became a part of the law of the mother country 
 through its judicial administration long before the Revo- 
 lution. The law of such country, so far as adaptable to 
 our conditions here, was adopted when our independent 
 government was formed, and became the common law 
 of this country. It was in full force in the territory of 
 Wisconsin when our state was admitted into the Union. 
 All officers were sworn to maintain it that part relating 
 to the law of negligence as well as the rest and were 
 bound to do so with as much fidelity as if incorporated 
 into the written law. When the Constitution was 
 adopted the unwritten law was substantially given the 
 cast of written law and as such firmly entrenched as 
 fundamental, subject to legislative change, by section 
 13, art. 14, of the Constitution in these words: "Such 
 parts of the common law as are now in force in the terri- 
 tory of Wisconsin, not inconsistent with this Constitu- 
 tion, shall be and continue part of the law of this state 
 until altered or suspended by the Legislature." 
 
 "Every judge of every court has been sworn to main- 
 tain the common law as thus intrenched in our system 
 till changed by the Legislature. So from the viewpoint 
 of the present, the law of negligence including the de- 
 fenses in question does not lose in dignity when com- 
 pared with an act of the Legislature, because ages ago 
 it had judicial origin. It was, as we have seen, with de- 
 liberation adopted by the people when they organized 
 our state government. No court in our time has had 
 competency, we repeat, to change or create or destroy 
 in that field. Power in that regard was expressly re- 
 served to the Legislature. It has been free to act in the 
 matter, within such reasonable limits as not to violate
 
 6OI WISCONSIN ACT. 229 
 
 guaranteed rights, for over 60 years, while the courts 
 have been powerless to do more than to determine, to 
 the best of their ability, the law as fundamentally adopt- 
 ed, or subsequently changed, by the lawmaking power, 
 and apply it. 
 
 "Under the power reserved to the Legislature as 
 aforesaid, it was competent for it to abolish the defenses 
 in question, and to do it in such a way as to create in- 
 ducement for employers to, voluntarily, become parties 
 to the new system designed to better conserve human 
 life and human happiness. Call the method "constitu- 
 tional coercion," if thought best. That casts no dis- 
 credit upon the method, for where coercion is necessary 
 coercion is legitimate, no guaranteed rights being in- 
 fringed upon. 
 
 "It is needless to add that I heartily endorse all said 
 in the court's opinion regarding the importance of the 
 legislation which has received approval. May it be the 
 beginning of a well rounded out constitutional system 
 making every one who consumes any product of labor 
 for hire pay his proportionate amount of the cost of the 
 creation representing the personal injury misfortunes of 
 those whose hands have enabled him to secure the ob- 
 jects of human desire, thus minimizing the sufferings 
 which are the natural incidents of industry and should 
 be borne, so far as they represent pecuniary sacrifice, by 
 the mass of mankind whose desires are administered 
 to by such industry." 
 
 229. Decisions of commission Construction of 
 word "employment." The commission was called upon 
 to construe the word "employment" in the case of Wiken 
 v. Superior Stevedores Company. 4 The evidence show- 
 ed that on Nov. 12, 1911, the applicant was employed by 
 respondent as a dock laborer at a wage of 30 cents per 
 hour. While engaged in unloading merchandise from 
 
 * 1 Bulletin Wis. Indus. Com. No. 3, p. 88.
 
 230 WORKMEN'S COMPENSATION AND INSURANCE. 602 
 
 a vessel, applicant met with an accident which resulted 
 in the loss of the first two fingers of his right hand. Ap- 
 plicant claimed compensation for a permanent partial 
 disability. Employer denied that there was any perma- 
 nent disability. The evidence showed that there would 
 be no permanent disability or loss of wage after the in- 
 juries had healed and that applicant was disabled for a 
 period of 18 weeks. 
 
 AWARD: That the respondent pay for such medical 
 and surgical treatment reasonably required at the time 
 of the accident and thereafter for a period of 90 days 
 and also pay the sum of $7.50 per week for a period of 
 18 weeks, $135.00 in all. 
 
 OPINION : At the time of the injury applicant was 
 engaged in moving freight with a hand truck. It is 
 contended that such was his employment within the 
 meaning of the term "employment" as used in section 
 2394-11-1 (d) of chapter 50 of the laws of 1911. We 
 consider that such construction of the term "employ- 
 ment" is too narrow. The applicant may more proper- 
 ly be said to have been engaged in the employment of 
 dock man or dock laborer. In other words, the appli- 
 cant was engaged in common labor in and about dock 
 work. 
 
 ( 
 
 230. Decisions of commission Powers of com- 
 mission Review of awards Construction of word 
 "employment." The commission was called upon to de- 
 fine its powers to review awards in the case of Winter 
 v. Mellen Lumber Company. 5 
 
 On September 21, 1911, applicant was in the em- 
 ploy of the respondent as a shingle weaver. On this 
 date he met with an accident which resulted in the loss 
 of his thumb and first finger on his left hand. At the 
 time of the accident the applicant was earning $21 per 
 week. Section 2394-10 of the compensation act pro- 
 
 5 1 Bulletin Wis. Indus. Com. No. 3, p. 89.
 
 603 WISCONSIN ACT. 230 
 
 vides that the average annual earnings of an employe 
 shall not be taken at more than $750. The average 
 weekly wage is 1-52 of the average annual wage; 1-52 
 of $750 is $14.42. The evidence shows that after the 
 accident the applicant will be able to earn only $9 per 
 week. His earnings at the time of the accideni were 
 $14.42 per week. His weekly loss of wage is $5.42. 
 
 AWARD: That respondent pay the applicant com- 
 pensation at the rate of 65 per cent, of $5.42 per week 
 for a period of fifteen years. This amounts to $3.52 per 
 week for fifteen years. The award also directs the re-' 
 spondent company to pay for such medical and sur- 
 gical treatment, supplies and apparatus as were reason- 
 ably necessary at the time of the accident and there- 
 after for a period of ninety days to relieve and cure the 
 applicant from the effects of the injury. 
 
 On motion to set aside the award the following 
 memorandum was filed by the commission: 
 
 MEMORANDUM : The applicant was injured on 
 Sept. 21, 1911, while employed as a shingle sawyer in 
 respondent's mill in Ashland county, Wisconsin. While 
 attempting to remove a spault a small piece of shingle 
 block from the machine, his left hand was thrown 
 against the saw, and he lost his thumb and forefinger. 
 
 The matter was referred to Hon. A. W. Sanborn, of 
 Ashland, Wis., who was appointed examiner to take 
 the evidence and report. Mr. Sanborn held a formal 
 hearing, at which witnesses were sworn and testified, 
 and a sworn statement of the applicant in writing was 
 admitted in evidence on stipulation. After the taking 
 of the testimony counsel for each party submitted to the 
 examiner written argument in support of findings in 
 behalf of his client. The examiner made findings of 
 fact, and reported the evidence and findings to the com- 
 mission and the committee thereupon on its own mo- 
 tion, assuming that the hearing was closed, reviewed 
 the evidence and findings of the examiner reported, read
 
 230 WORKMEN'S COMPENSATION AND INSURANCE. 604 
 
 the written arguments of counsel, and entered its find- 
 ings and made its award, which findings substantially 
 followed the findings of the examiner. 
 
 The respondent makes application to have the award 
 set aside, and for leave to make oral argument before 
 the commission. The commission was under the im- 
 pression that the parties finally submitted their case 
 "by their written arguments, or it would have been 
 pfeased to listen to oral argument before making its 
 findings. Before the findings and award were actually 
 made, a request on the part of the respondent for such 
 hearing was made in a letter to the commission, but by 
 some mistake the letter was not brought to the atten- 
 tion of the commission before the findings and award 
 were entered, and copies thereof sent to the parties. 
 
 The consideration of this application involves two 
 questions: 
 
 1. The power of the commission to set aside its 
 award. This question will sooner or later have to be 
 determined by the courts. The commission is not ex- 
 pressly given such power; whether it has implied power 
 or not, is not here determined. 
 
 2. The exercise of discretion. On this point we 
 can not see how the respondent can add anything to 
 the written arguments before the examiner and the 
 written arguments used on this motion to which we 
 have given careful attention. 
 
 The claim is made that there is no evidence upon 
 which to support the findings and award. We do not 
 so understand the evidence. The injury is conceded; 
 the applicant denies ability to run a shingle saw, and 
 claims total disability. Respondent's evidence is all to 
 the effect that the witnesses think that the applicant 
 will in time recover his efficiency as a shingle sawyer; 
 that the applicant suffers some incapacity must be ad- 
 mitted; the law requires the award to be based upon 
 disability and loss of wage as applied to the employ-
 
 605 WISCONSIN ACT. 230 
 
 ment in which applicant was performing service at the 
 time of the injury. The commission is not inclined to 
 give the term "employment" as used in the statute, a 
 narrow or restricted construction. It does not appear 
 that respondent has offered applicant employment as a 
 shingle sawyer since his recovery. Nor can the com- 
 mission see how the applicant will be able to return to 
 such employment. The position of shingle sawyer is 
 an expert position, requiring quick and accurate re- 
 moval of the spault from the machine and the placing 
 of the new shingle block in the machine about five times 
 per minute. Removing the spault and replacing it with 
 a shingle block must be done in the fraction of a second, 
 if done efficiently. This work requires the use of both 
 hands, and requires the grip of the hand. A fumble 
 might mean another loss of a portion of the hand. The 
 shingle sawyer works in a crew of four, and any inef- 
 ficiency of his extends to the other members of the 
 crew. If it were shown that there is some other expert 
 position at a machine in a shingle mill where appli- 
 cant's ability to earn wages is not impaired, we would 
 be inclined to define his employment in terms to in- 
 clude such position; but the evidence does not disclose 
 any such position. 
 
 With the policy of the law limiting our considera- 
 tion to the employment in which the injured employe 
 was performing service at the time of the accident, we 
 have nothing to do. It may be said, however, that our 
 experience so far fully demonstrates that this rule 
 works both ways to the advantage of the employer 
 quite as often as to the advantage of the employe and 
 the average award is not large for such injuries. The 
 award in this case figured at present worth amounts to 
 $2,217; this, it may be admitted, is a large award for 
 this injury, but the case on the facts is exceptional. 
 
 The respondent complains that the commission prac- 
 tically adopted the findings of the examiner, and that
 
 231 WORKMEN'S COMPENSATION AND INSURANCE. 606 
 
 the examiner had no authority to make findings. We 
 concede that the findings of the examiner had weight 
 in our consideration of the evidence; it was our confi- 
 dence in his ability and good judgment that caused us 
 to appoint him as examiner. The commission feels 
 that under the law it is not confined to the evidence 
 taken on the hearing in the same degree as courts are 
 in their proceedings. The law contemplates that the 
 commission shall get all the facts and information avail- 
 able and render its award accordingly. The commis- 
 sion calls attention to the note of the legislative com- 
 mittee as justifying this conclusion. The construction 
 given to the section by that committee must be held 
 to have been adopted by the legislature. However, the 
 commissioners examined the evidence and briefs fully, 
 and brought to bear their independent judgment, and 
 arrived at the same verdict as the examiner. Conced- 
 ing that the examiner had no authority to make find- 
 ings, still the commission feels that the parties in sub- 
 mitting the case to the examiner for his findings, is not 
 now in a position to object to the power of the examiner 
 to make such findings. 
 
 The motion to set aside the award and rehearing is 
 denied. 
 
 231. Decisions of commission Construction of 
 "wilful misconduct" The case of Neumann v. Milwau- 
 kee Electric Railway and Light Company 6 construed 
 an instance of "wilful misconduct". 
 
 On Feb. 9, 1912, Robert Neumann was in the serv- 
 ice of the respondent as a street railway conductor. At 
 about 1 :05 a. m. on this date the car on which Robert 
 Neumann was acting as conductor reached the end of 
 the line, and when trolleys had been changed for the 
 run back to car barn, Robert Neumann took the motor- 
 man's place and ran the car several hundred feet until 
 
 6 1 Bulletin Wis. Indus. Com. No. 3, p. 92.
 
 607 ' WISCONSIN ACT. 23 1 
 
 the car struck a curve, left the rails, threw Neumann 
 under the wheels of the car and caused his death. 
 
 FINDINGS: Neumann had been instructed and 
 knowingly and intentionally violated the rule. Neu- 
 mann did not intend to run the car off the track and 
 did not intend to injure himself. At the time of the 
 accident Neumann was not performing service grow- 
 ing out of and incidental to his employment. His 
 death was proximately caused by an accident due to 
 wilful misconduct. Martha Neumann, widow of de- 
 ceased, is not entitled to compensation. 
 
 MEMORANDUM : Robert Neumann, deceased, was a 
 conductor on one of respondent's cars. On the night of 
 Feb. 9, 1912, his car ran "out" to the end of his run and 
 when the trolleys were changed for the run "in" he took 
 the motorman's place and ran the car for some distance 
 until it reached a curve in the track where the car 
 jumped the track, threw Neumann under the wheels 
 and he received injuries causing his immediate death. 
 His widow makes claim for compensation. 
 
 Neumann had worked for the company as conductor 
 some six months prior to this accident. The company 
 instructs its conductors when they are first put to work, 
 by placing a competent man on the car with them for 
 some ten days, who shows the beginner how to per- 
 form his work. Likewise the motormen are instructed 
 for a period of fifteen days. A conductor is not compe- 
 tent to run the motor until he receives the instructions 
 given motormen. The conductors are instructed not 
 to run the motor and this rule of the company is strict- 
 ly enforced, and in all cases where there is a violation 
 of the rule coming to the knowledge of the company 
 the employe so violating is disciplined by being laid off 
 without pay for a given time. The rule is well under- 
 stood by all conductors. Neumann had been instructed 
 in the rule. There is a rule of safety necessary for the 
 protection of the company, its employes and the public.
 
 232 WORKMEN'S COMPENSATION AND INSURANCE. 608 
 
 It may be conceded that the conductor in cases of 
 emergency might in the course of his duties be required 
 to operate the motor. No such emergency is shown in 
 this case. It appears that the deceased violated the 
 rule knowingly and knowing that he was doing wrong 
 in so doing. He did not intend to run the car off the 
 car off the track, nor did he intend to injure himself. 
 The commission is of the opinion that under these cir- 
 cumstances compensation can not be awarded. We 
 hold that the deceased was in the employ of the com- 
 pany and that his death was proximately caused by ac- 
 cident, but at the time of the accident he was not per- 
 forming service growing out of or incidental to his 
 employment, and that his death came as the result of 
 wilful misconduct on his part. 
 
 232. Decisions of commission Construction of 
 word "support" In Pliska v. Hatton Lumber Com- 
 pany 7 the commission construes the word "support". 
 The evidence showed that on February 15, 1912, Peter 
 Pliska, son of the applicant, was employed by respond- 
 ent as a sawyer in the woods at $30 per month and 
 board. While engaged in this occupation he was killed 
 by reason of a tree falling upon him. The deceased was 
 about twenty years of age. 
 
 AWARD: That respondent pay the applicant the 
 present worth of four times the sum of $100 in weekly 
 installments of $10.58, figured at 3 per cent, interest 
 compounded annually, to-wit, the sum of $397.62, and 
 the sum of $5 for medicines. 
 
 MEMORANDUM : Applicant in this case is a farmer 
 living near Stevens Point. He has a farm of 170 acres, 
 with about 90 acres of it under cultivation. The farm 
 is provided with the necessary machinery and live stock. 
 The net value of the farm and other property over and 
 above debts and liabilities, exceeds $7,500. Applicant 
 
 7 1 Bulletin Wis. Indus. Com. No. 3, p. 95.
 
 609 WISCONSIN ACT. 232 
 
 has seven children living, ranging in ages from 5 to 25 
 years. He claims compensation for the death of his 
 son, who while in the employ of respondent was acci- 
 dentally killed by a tree falling upon him. At the time 
 of his death the deceased was 20 years of age, and had 
 been receiving $30 a month and board. It is in evi- 
 dence that his board was worth $16 a month. Deceased 
 only worked for the respondent about three or four 
 months in the winter, and the balance of the year he 
 performed services for applicant, his father, on the farm. 
 All the children, with the exception of one son, were 
 making their homes with applicant and working on the 
 farm and contributing their earnings to applicant for 
 living expenses or for living expenses and accumula- 
 tion. It appears from the evidence that $550 is the fair 
 average annual earning of deceased. It also appears 
 from the evidence that there was a very substantial ac- 
 cumulation of property by the applicant in the year 
 prior to the death of the deceased. Applicant was un- 
 able to make it clear to the commission what this 
 amount of accumulation or increase was during that 
 year, but freely admitted that it was quite substantial, 
 and approximated four or five hundred dollars. Some 
 of this was earned by one girl over 21 years of age. 
 
 The law provides that in case a deceased employe 
 leaves no one wholly dependent upon him for support 
 and one or more persons partially dependent therefor, 
 the death benefit shall be such percentage of four times 
 such average annual earnings of the employe as the 
 average amount devoted by the deceased employe to the 
 support of the person or persons so partially dependent 
 upon him for support bears to such average annual 
 earnings. 
 
 "Support" is defined to mean the necessary shelter, 
 food, clothes, etc., to meet the daily necessities of the 
 dependent, and it is to be determined by the amount 
 
 3g BOYD W C
 
 232 WORKMEN'S COMPENSATION AND INSURANCE. 610 
 
 devoted to those purposes during the year preceding 
 the death of the employe. 
 
 In this case the applicant and his wife have become 
 more or less incapacitated through age and disease, so 
 that it clearly appears that they were more or less de- 
 pendent upon their children for support. In other 
 words, without the aid of their children they would not 
 have been able to have managed the farm and provide 
 for their support in their customary manner of living. 
 So we conclude that the deceased did contribute a por- 
 tion of his earnings for the support of applicant. It is 
 difficult to determine the amount contributed to the ap- 
 plicant for support, but it is our judgment that the per- 
 centage contributed to the applicant for support under 
 the statute would equal $100 for the year preceding his 
 death. 
 
 The award will therefore go to the applicant for 
 four times the sum of $100 so contributed to applicant 
 for his support. The commission is of the opinion that 
 it is better for all parties concerned that the amount 
 be paid in a gross sum, and therefore the award pro- 
 vides for payment in gross at the present worth of $400 
 payable in weekly instalments of $10.58, figuring the 
 same at 3 per cent, which amounts to $397.62. 
 
 It appears that respondent has paid all medical bills 
 with the exception of $5, which sum was paid by the 
 applicant, and this amount is added to the awarft. 
 
 233. Decisions of commission Construction of 
 "casual employment" and time of serving "notice" In 
 
 Brown v. City of Mauston 8 it appeared that on Sept. 
 26, 1911, the applicant was employed by the respondent 
 to assist in unloading iron material to be used in con- 
 struction of a bridge by the respondent. While en- 
 gaged in assisting to unload this material from a wagon, 
 an iron beam fell upon the ankle of the applicant and 
 
 8 1 Bulletin Wis. Indus. Com. No. 3, p. 97.
 
 6 1 1 WISCONSIN ACT. 234 
 
 bruised the same. Applicant went home and did not 
 call a doctor and did not serve notice of claim for com- 
 pensation until Jan. 19, 1912, and then claimed a per- 
 manent disability. The evidence showed a total dis- 
 ability of only six weeks. 
 
 AWARD: That the city of Mauston pay to the ap- 
 plicant $33.14 as compensation for the six weeks of 
 disability, the same being 65 per cent, of the average 
 weekly wage of the applicant. 
 
 OPINION : The city sets up the defense of casual em- 
 ployment; we think this defense is not available to a 
 municipality, but only available to private employers. 
 The city also defends on the ground that notice of claim 
 was not served within thirty days after the accident. 
 . We are of the opinion that the applicant did not intend 
 to mislead the city by reason of his failure to serve no- 
 tice and that the city was not in fact thereby misled. 
 
 234. Decisions of commission Meaning of "sup- 
 port" "dependents" In Dougherty v. State of Wiscon- 
 sin and State Board of Forestry 9 it was shown that on 
 Dec. 6, 1911, John W. Dougherty, employed as a forest 
 ranger in the state forestry department, met with an 
 accident causing his death. His salary was $75 per 
 month and board. 
 
 AWARD: That the State of Wisconsin pay the ap- 
 plicant the sum of $960 as follows: $62.50 on July 1, 
 1912, and $62.50 on the first of each month thereafter 
 until $960 shall have been paid. 
 
 MEMORANDUM: The applicant is the mother of John 
 W. Dougherty, deceased; she is a widow and has no 
 other children. Deceased was employed in the state 
 forestry department, and while so employed, on Dec. 
 6, 1911, died as the result of an accident received in 
 the course of his employment. His wages at the time 
 of his death were $75 a month and board, making his 
 
 1 Bulletin Wls. Indus. Com. No. 3, p. 99.
 
 234 WORKMEN'S COMPENSATION AND INSURANCE. 612 
 
 annual earnings exceed the maximum provided in the 
 compensation act. 
 
 Applicant resides at Minocqua, in this state. She 
 has five cottages, which are rented mostly to people 
 visiting the place as a summer resort. During the year 
 preceding the death of her son she received in rental 
 from the cottages the sum of $415; her disbursements 
 were $473.80, of which amount $174 or thereabouts was 
 expended for permanent improvements on the cottages. 
 Her net income from the cottages less permanent im- 
 provements was approximately $115. She received dur- 
 ing the year preceding the accident a government pen- 
 sion of $12 a month. Besides the cottages, she owned 
 a store building, the second floor of which was occu- 
 pied as her dwelling; she conducted a store on the first 
 floor for the sale of groceries and notions; her son had 
 a two-thirds interest in this store. 
 
 Applicant claims that she made no profit from the 
 store, and we have no evidence to show that she did 
 make any profit; she claims that it cost her during the 
 year for support approximately $500. We think that 
 this amount is reasonable considering her mode of life. 
 Her son contributed to the joint business and to the 
 support of his mother the whole of his salary less the 
 amount that was necessary for his living expenses. It 
 would appear therefore that the amount actually con- 
 tributed for the mother's support by the son was the 
 difference between her net income from the pension, 
 $144, and from rental, $115, a total of $259, and the sum 
 of $500 expended by her for support, being $241. 
 
 Support is defined to mean the necessary shelter, 
 food, clothes, etc., to meet the daily necessities of the 
 dependent, and it is to be determined by the amount 
 devoted to those purposes during the year preceding 
 his death by the son. The law provides that in case the 
 deceased employe leaves no one wholly dependent on 
 him for support, but one or more persons partially de-
 
 613 WISCONSIN ACT. 235 
 
 pendent therefor, the death benefit shall be such per- 
 centage of four times such average annual earnings of 
 the employe as the average amount devoted by the de- 
 ceased employe to the support of the person so partial- 
 ly dependent upon him for support bears to such aver- 
 age annual earnings. 
 
 The son's contribution, $241, is 32 per cent, of $750, 
 the employe's average annual earnings figured at the 
 maximum provided by law. Four times employe's aver- 
 age annual earnings equals $3,000 and 32 per cent, of 
 $3,000 is $960, which amount is awarded to Alvina 
 Dougherty, mother of deceased, and the same will be 
 payable in monthly instalments corresponding in amount 
 to the monthly wage of deceased figured at the maxi- 
 mum provided by law, until the full amount is paid. One- 
 twelfth of $750 is $62.50, the maximum monthly wage 
 of deceased under the compensation act. The first pay- 
 ment may be made July 1, next, and subsequent pay- 
 ments monthly, on the first day of each month there- 
 after as follows: 15 months at $62.50 and 1 month at 
 $22.50, making a total of $960. 
 
 235. Procedure under the act Rules of practice : 
 Rule I. Employers coming under the provisions of 
 Chapter 50, Laws of Wisconsin, 1911, shall post in con- 
 spicuous place where most likely to be seen and read by 
 their employes all notices required to be posted by the 
 Commission, and make report thereof to the Commis- 
 sion immediately thereafter. (Sec. 2394 29.) See 
 form No. 6. 
 
 Rule II. Employers and employes coming under 
 the provisions of Chapter 50, Laws of 1911, and phy- 
 sicians attending injured employes shall make report to 
 the Industrial Commission of all accidents for which 
 compensation may be claimed, on the 8th day after such 
 accident, and a second report thereon on the 29th day 
 after such accident, such reports to be made on forms
 
 235 WORKMEN'S COMPENSATION AND INSURANCE. 614 
 
 provided or prescribed by the Industrial Commission. 
 (See forms (e) and (f).) 
 
 Rule III. In any case where an accident and injury 
 to an employe occurs of which the Commission has juris- 
 diction under Chapter 50, Laws of Wisconsin, 1911, and 
 compromise of liability thereunder is made directly by 
 such employer or employe, the same shall be made in 
 writing in the presence of one or more disinterested wit- 
 nesses, who shall sign such compromise as such wit- 
 nesses and copies of all such compromises shall be im- 
 mediately mailed to the Commission, by the employer. 
 All compromises may be reviewed, set aside, modified 
 or confirmed by the Commission upon application of 
 either party within one year of the date of compromise. 
 (Sec. 239415.) 
 
 Rule IV. The Commission will hold public sessions 
 in the offices of the Commission in Madison on the first 
 and second Tuesday of each month and continuing from 
 day to day until all matters before the Commission are 
 heard. The Commission may from time to time hold 
 public sessions in other places in the state as the con- 
 venience of the parties may require. The offices of the 
 Commission at Madison shall be open for the transac- 
 tion of business during office hours each working day. 
 (Sec. 239414.) 
 
 Rule V. Examiners may be appointed by the Com- 
 mission from time to time, whose duties shall be to aid 
 the Commission in making settlements between employ- 
 ers and employes, and to make report of their actions 
 and all facts in relation therewith to the Commission. 
 (Sec. 239414.) 
 
 Rule VI. In case of disputes in matters coming 
 under the jurisdiction of the Commission, either party 
 to the dispute may apply to the Commission for relief 
 and the Commission shall make such order or award as 
 shall be lawful and just in the premises. 
 
 In all such cases the party complaining shall file his
 
 615 WISCONSIN ACT. 235 
 
 application with the Commission, with copies to be 
 served on the adverse party. The Commission shall 
 thereupon serve such adverse party with a copy of such 
 application and such adverse party shall file his answer 
 thereto with the Commission within five days after such 
 service and likewise serve a copy of such answer on the 
 party making the application. The Commission will 
 thereupon notify the parties of the time and place of 
 hearing, at least ten days prior to such hearing. (Sec. 
 239416.) 
 
 Rule VII. The parties to the controversy shall be 
 known as the applicant and the respondent. The party 
 filing the application for relief shall be known as the ap- 
 plicant and the adverse party as the respondent. Either 
 party may appear in person or by an attorney or agent. 
 
 Rule VIII. All service of papers, unless otherwise 
 directed by the Commission or by law may be made by 
 mail and proof of such mailing shall be prima facie proof 
 of such service. Time within which service shall be 
 made shall be the same as in courts of record unless 
 otherwise specified by rule or order of the Commission. 
 
 Rule IX. Amendments may be made to any plead- 
 ing, order, or award, upon application to the Commis- 
 sion and cause shown. The Commission may also 
 amend any order or award on its own motion upon no- 
 tice to the parties interested. 
 
 Rule X. The Commission may grant extensions of 
 time in which to comply with any rule when it shall 
 deem such extensions of time reasonable and it may like- 
 wise grant adjournments of hearings. 
 
 Rule XI. Parties to a controversy may stipulate 
 the facts in writing, and the Commission may thereupon 
 make its order or award based upon such stipulation. 
 
 Rule XII. Depositions may be taken and used upon 
 any hearing where the convenience of the witnesses or 
 parties may so require. Such depositions shall be taken 
 in the same manner as in courts of record.
 
 236 WORKMEN'S COMPENSATION AND INSURANCE. 616 
 
 236. Circular letter to employers by the commis- 
 sion in explanation of its rules of practice. In inaugu- 
 rating its plan of administration the commission sent to 
 all employers a copy of its rules of practice and the 
 forms adopted for use and directed that the employers 
 indicate their acceptance or rejection of the law. It was 
 likewise asked that the employers request a construction 
 of provisions of the law not understood by them. 
 Prompt report of all accidents resulting in personal in- 
 juries was demanded and attention was called to the 
 penalties provided for a failure to make such reports. 
 
 237. Formal procedure under Wisconsin act. 
 The Industrial Commission has prescribed certain forms 
 for use in the administration of the act. The list in- 
 cludes forms for employers, employes and casualty 
 companies and for use at hearing before the Commis- 
 sion, which are designated as follows: 
 
 (a) Form of employer's written acceptance; 
 
 (b) Form of employer's notice of withdrawal; 
 
 (c) Form of notice that the employer has filed no- 
 tice of election to become subject to provisions of act; 
 
 (d) Form of notice by employer to the commis- 
 sion of compliance with law; 
 
 (e) Form of first report of accident by employer; 
 
 (f) Form of supplementary reports on accidents 
 by employer; 
 
 (g) Form of answer to application; 
 
 (h) Form of notice by employe that he elects to be 
 subject to provisions of act; 
 
 (i) Form of notice of employe upon entering em- 
 ployment that he elects not to be subject to act; 
 
 (j) Form of notice to employer of claim for injury 
 under act; 
 
 (k) Form of application for adjustment of claim; 
 
 (1) Form of accident report of casualty company; 
 
 (m) Form of notice of hearing;
 
 WISCONSIN ACT. 238 
 
 (n) Form of subpoena; 
 
 (o) Form of admission of service; 
 
 (p) Form of notice of entry of findings and award 
 made by commission. 
 
 Copies of these forms are set out in the following 
 sections : 
 
 238. Form of employer's written acceptance : (a) 
 
 Industrial Accident Board, 
 
 Madison, Wis. 
 Take notice that the undersigned employer of labor in Wisconsin 
 
 accepts the provisions of Chapter 50, Laws of 1911, Wisconsin 
 
 Statutes.io 
 
 Number of employe's 
 
 Location of place of employment 
 
 Nature of employment 
 
 Dated at 
 
 this day of 
 
 19 
 
 By 
 
 P. O. Address. 
 
 239. Form of employer's notice of withdrawal 
 from operation of act : (b) 
 
 Industrial Accident Board, 
 
 Madison, Wis. 
 
 Take notice that the undersigned employer of labor In Wisconsin 
 hereby withdraws his (her) (its) election to become subject to the 
 provisions of Chapter 50, Laws of Wisconsin, 1911.H 
 
 Dated at 
 
 this day of 
 
 19 
 
 By 
 
 P. 0. Address. 
 
 10 if employer wishes to accept the provisions of said chapter 
 this notice must be signed by the employer and filed with the In- 
 dustrial Accident Board. When so filed it becomes Immediately 
 binding on the employer. If employer is a corporation the notice 
 should have the corporate name and seal affixed and be signed by 
 an officer having authority so to do. 
 
 11 This notice to be effective, must be filed In the office of the 
 Board at least sixty days prior to the expiration of one year from 
 the filing of the notice of acceptance, or sixty days prior to the 
 expiration of any succeeding year.
 
 240 WORKMEN'S COMPENSATION AND INSURANCE. 618 
 
 240. Form of notice that employer has filed notice 
 of election to become subject to provisions of act. (c) 
 
 To all employes In Wisconsin of 
 
 You will take notice that your employer has this day filed with 
 the Industrial Commission of Wisconsin notice of election to be- 
 come subject to the provisions of Chap. 50, Laws of Wisconsin, 1911. 
 
 (This Law is commonly known as the Workmen's Compensa- 
 tion Act.) 
 
 You are further notified that you may serve notice on your 
 employer of your election to come under the act and thereupon the 
 act will immediately apply to you; or 
 
 You may within 30 days of this date serve notice on your em- 
 ployer that you elect not to come under the act in which case the 
 act will not apply to you; or 
 
 You may not serve either of such notices, in which case you will 
 come under the act at the expiration of 30 days from this date. 
 
 Blank forms of notices will be furnished free upon request to 
 the Commission. 
 
 Dated at the office of the Commission, Madison, Wis., this 
 
 day of , 191__ 
 
 241. Form of notice by employer to the commis- 
 sion of compliance with the law. (d) 
 
 To the Industrial Commission of Wisconsin : 
 
 The undersigned employer on the day of 
 
 19 , complied with the instructions and Rule 1 of your Commis- 
 sion by posting notices (Form (c)) of your Commission in 
 
 conspicuous places where most likely to be seen and read by 
 
 employe's. 1 2 
 
 Dated at , Wis., 
 
 this day of , 
 
 (Signature of Employer.) 
 By 
 
 242. Form of first report of accident, (e) 
 
 File No. of Employer 
 
 (Do not fill in) 
 File No. of Accident 
 
 (Do not fill in) 
 
 12 Employer will fill out and return this form to the Industrial 
 Commission of Wisconsin, Madison, Wis.
 
 6l9 WISCONSIN ACT. 242 
 
 Employer. 
 
 (1) Name 
 
 (Individual or firm name) 
 
 (2) Address 
 
 (St. No.) (City or town) 
 
 (3) Subject to Chapter 50, Laws of 1911 (4) Nature of 
 
 (Yes or no) 
 business or industry 
 
 (5) Location of plant 
 
 ' (City or town) 
 Employe 
 
 (6) Name 
 
 (7) Address 
 
 (St. No.) (City or town) 
 
 (8) Age (9) Sex (10) Married or single 
 
 (11) Nationality (12) Understand English 
 
 (Yes or no) 
 
 (13) In what language instructed as to duties 
 
 (14) Physical defect (15) Was injured per- 
 
 (Eye or ear or both) 
 
 son aware of danger (16) Did injured person make 
 
 (Yes or no) 
 
 proper use of guards or safety devices 
 
 (Yes or no) 
 (17) Was the injury due to wilful misconduct on the part of the 
 
 employs (18) How long did injured work at or 
 
 (Yes or no) 
 
 with the thing which caused injury (19) What was the 
 
 occupation of the person injured 
 
 (Have in mind the nature of the work done) 
 
 (20) Piece or Day Worker 
 
 (21) Wages, per day per week 
 
 Time, Place and Condition of Accident 
 
 (22) Date of Accident M. 
 
 (Month) (Day) (Hour) 
 
 (23) Day of the week (24) Length of time injured had been 
 
 at work on day of accident (25) Near window 
 
 (Yes or no) 
 
 (26) Near artificial light 
 
 (Yes or no) 
 
 (27) Condition of lighting 
 
 (Good or poor) 
 
 (28) Workmen congested 
 
 (Yes or no) 
 
 (29) Floor space over-crowded 
 
 (Yes or no)
 
 242 WORKMEN'S COMPENSATION AND INSURANCE. 620 
 
 Machine or Thing Causing Injury. 
 
 (30) What was it 
 
 (31) In whose control at the time of the accident 
 
 (32) Part causing the accident 
 
 (33) Was it guarded at the time of the accident 
 
 Information furnished by 
 
 Position 
 
 Date of Receipt 
 
 (Do not fill in) 
 
 Date of Report 19___ 
 
 (Month) (Day) 
 
 (34) Describe the guard or safety device 
 
 (35) How did the accident occur 
 
 (36) What would you suggest to prevent similar accidents 
 
 Care of Injnred. 
 
 (37) Kind of medical and surgical attention given since the accident 
 occurred 
 
 Nature and Extent of Injury. 
 
 (38) Was accident fatal 
 
 (Yes or no) (State fully the nature and extent of injury) 
 
 (39) Probable period of disability 
 
 (Report in days) 
 
 (40) Attending physicians. 
 
 (Name) (Address) 
 
 (41) Dependents. 
 
 (Name) (Age) (Relationship) (Address) 
 
 Additional Data. 
 
 (42) Remarks ._..__.....__.
 
 621 WISCONSIN ACT. 243 
 
 243. Form of supplementary reports on acci- 
 dents. (f) 13 
 
 Employer's name 
 
 Date , 19 
 
 Employer's address 
 
 (Street and number) (City or town) 
 
 Name of injured employe 
 
 Address of injured employe 
 
 (Street and number) (City or town) 
 
 (1) Date of accident 
 
 (2) Has injured person returned to work 
 
 (Yes or no) 
 
 (3) On what date (4) At what wages per day 
 
 (5) At what occupation (6) Medical relief that has 
 
 been given injured person since your first report 
 
 (7) Payments made to compensate for injury 
 
 (Amount) 
 
 For period to , inclusive. 
 
 (Date) (Date) 
 
 Payments made to compensate for injury 
 
 (Amount) 
 
 For period to , inclusive. 
 
 (Date) (Date) 
 
 Payments made to compensate for injury 
 
 (Amount) 
 
 For period to , inclusive. 
 
 (Date) (Date) 
 
 (8) If settlement is completed please give the total payment $ 
 
 (Amount) 
 
 and the period to which this applies 
 
 (Date) 
 
 to (9) Please file with the Commission 
 
 (Date, inclusive.) 
 copies of all agreements of settlement with employe. 
 
 (10) Remarks 
 
 (11) Information furnished by 
 
 Position _ 
 
 13 This form has been substituted for form (f) (Second Report 
 of Accident). All employers under the Workmen's Compensation Act 
 are required, in all cases where disability continues for more than 
 
 seven days: 
 
 First: To mail to the Industrial Commission of Wisconsin, Mad- 
 ison, Wis., on this form properly filled out, a Final Report when 
 disability ceases. 
 
 Second: To mail to the said Commission on this form propel 
 filled out, a report at the end of each Fourth week during disability.
 
 244 WORKMEN'S COMPENSATION AND INSURANCE. 622 
 
 244. Form of answer to application, (g) 14 
 
 Applicant, 
 
 vs. 
 
 Respondent. 
 
 The respondent above named for answer to the application here- 
 in respectfully shows: 
 
 1. (State all facts in application that are admitted not to be in 
 dispute.) 
 
 2. (State pertinent facts in reply to application, that are in 
 dispute.) 
 
 3. State such additional facts as may constitute a defense or 
 partial defense, 
 
 4. Wherefor the respondent prays (stating relief asked), 
 (Signed) __ 
 
 (Respondent.) 
 
 245. Form of notice by employe that he elects to 
 be subject to provisions of act. (h) 
 
 To 
 
 (Write name of employer plainly on above line.) 
 
 (Write address of employer plainly on above line.) 
 Take notice that as your employe, I hereby elect to become sub- 
 ject to the provisions of Chap. 50, Laws of Wisconsin, 1911.!5 
 
 14 The respondent shall answer the application within five days 
 from the date that a copy of the application is served upon him. 
 
 The original answer shall be mailed to the Industrial Accident 
 Board at Madison, Wis., and a copy thereof served upon the appli- 
 cant by respondent either personally or by mailing to the address 
 given in the application. 
 
 !5 If employer elects to become subject to Chap. 50, Laws 1911, 
 employe's then in service may immediately serve above notice upon 
 employer and thereupon likewise become subject to Chap. 50, Laws 
 1911. 
 
 Unless the employe gives notice to the contrary and without 
 giving above notice, he will become subject to Chap. 50, Laws 1911, 
 by remaining in such employ 30 days after the filing of such accep- 
 tance by employer.
 
 623 WISCONSIN ACT. 246 
 
 Dated at t 
 
 this day of , 191__ 
 
 (Employe) 
 
 (Address) __. 
 
 246. Form of notice of employe upon entering 
 employment that he elects not to be subject to act. (i) 
 
 To 
 
 (Write name of employer plainly on above line.) 
 
 (Write address of employer plainly on above line.) 
 You will take notice that being about to enter your employ, I 
 elect not to be subject to the provisions of Chap. 50, Laws of Wis- 
 consin, 1911.16 
 
 (Employe) 
 
 (Address) 
 
 Dated at 
 
 this day of , 191__ 
 
 247. Form of notice to employer of claim for in- 
 jury under act. (j) 17 
 
 To 
 
 (Write name of employer plainly on above line.) 
 
 (Write address of employer plainly on above line.) 
 You will take notice that according to the provisions of Chap. 50, 
 
 Laws of Wisconsin, 1911 
 
 hereby makes claim for compensation for injury 
 
 received by while in your employ. 
 
 Name of employe 
 
 Post Office Address 
 
 The accident occurred the day of , 191 
 
 at , Wisconsin. 
 
 i If employer has elected to become subject to provisions of the 
 act, then upon entering the service the employe comes under the 
 act likewise unless he gives the employer the above notice at the 
 time he enters such service. 
 
 17 This notice should be filled out by injured employe or some one 
 in his behalf. In case of death of employe notice is to be filled out 
 by dependent. Notice should be served within 30 days of accident 
 on employer by delivering a copy of the above notice to employer 
 personally or by registered mail. 
 
 Fill out in duplicate. Hand or mail one copy to employer, mail 
 the other copy to the Industrial Accident Board, Madison, Wis.
 
 248 WORKMEN'S COMPENSATION AND INSURANCE. 624 
 
 The nature of the injury is as follows: 
 
 Signature 
 Address _ 
 
 Dated at 
 
 this day of 
 
 248. Form of application for adjustment of claim. 
 (k) 
 
 State of Wisconsin. 
 
 Applicant, 
 
 vs. 
 
 . Respondent. 
 
 Respondent. 
 
 The petition of the above named applicant respectfully shows: 
 
 1. State address of applicant, 
 
 2. State occupation of applicant, 
 
 3. State address of respondent (s), 
 
 4. State general nature of claim in controversy, including time 
 and place of accident, 
 
 5. State kind of relief demanded, 
 
 6. Wherefore the applicant prays that the said respondent be re- 
 quired to answer the charges herein and that an order or award be 
 made by the Industrial Accident Board granting such relief as the 
 applicant may be entitled to in the premises.^ 
 
 Dated at , this 
 
 day of , 191__ 
 
 (Signed) 
 
 (Applicant.) 
 
 is Either party to the dispute may apply to the Board for an 
 adjustment of the matter in difference. The original application 
 and one copy for each respondent shall be mailed to the Industrial 
 Accident Board, Madison, Wis.
 
 WISCONSIN ACT. 249 
 
 249. Form of accident report of casualty com- 
 pany. (1) 
 
 (Give name of Insurance Company) 
 
 To 
 
 INDUSTRIAL COMMISSION OF WISCONSIN 
 (Successor to Industrial Accident Board) 
 
 MADISON, WISCONSIN, 
 
 Report only those accidents where the probable period of disability 
 as reported by the employer is more than seven days. 
 
 1. Name of employer 
 
 2. Address of employer 
 
 (St. No.) (City or Town) 
 
 3. Name of injured person 
 
 4. Address of injured person 
 
 (St. No.) (City or Town) 
 
 5. At what place working 
 
 (St. No.) (City or Town) 
 
 6. Date of accident 191_ 
 
 (Month) (Day) 
 
 7. Probable period of disability 
 
 8. What machine or thing caused the injury 
 
 9. Cause of accident , 
 
 250. Form of notice of hearing, (m) 19 
 
 Applicant, 
 
 vs. 
 Respondent. 
 
 To the parties above named and to each of them. 
 
 Notice is hereby given that on the day of - 
 
 191 , at ten o'clock in the forenoon or as soon thereafter as the 
 matter can be heard at 
 
 a hearing on the application in such matter will be had by the 
 Board to determine and adjust the difference in dispute as set forth 
 in the application on file. 
 
 The general nature of the claims is as follows: 
 
 Dated at Madison, Wis., this day of 191. 
 
 INDUSTRIAL ACCIDENT BOARD, 
 By 
 
 Secretary. 
 
 is Parties may appear at any hearing personally or by agent or 
 attorney. 
 
 40 BOYD w c
 
 251 WORKMEN'S COMPENSATION AND INSURANCE. 626 
 251. Form of subpoena: (n) 
 
 STATE OF WISCONSIN, ) 
 
 )ss: 
 County of ) 
 
 State of Wisconsin to__ 
 
 You are hereby required to appear before the Industrial Acci- 
 dent Board of Wisconsin at the city of , county of 
 
 at at o'clock in the 
 
 noon to give evidence in a certain proceeding pending before said 
 
 Board wherein is Applicant, and 
 
 is Respondent. 
 
 Hereof fail not at your peril. 
 
 Given under our hands this day of 
 
 A. D. 19__ 
 
 INDUSTRIAL ACCIDENT BOARD OF WISCONSIN, 
 By Member of Board. 
 
 252. Form of admission of service, (o) 
 
 Admission of service of 
 
 in re 
 
 Applicant, vs. 
 
 Respondent, is hereby admitted at 
 
 Wisconsin, this day of , 19 
 
 253. Form of notice of the entry of findings and 
 award made by the commissioners, (p) 
 In the Matter of 
 
 , Applicant, 
 
 vs. 
 
 , Respondent. 
 
 State of Wisconsin, ) 
 
 )ss: 
 County of Dane. ) 
 
 I, P. J. Watrous, Secretary of the Industrial Commission of Wis- 
 consin, hereby certify that I have compared the attached copy of 
 Findings and Award, with the original Findings and Award of the 
 Industrial Commission of Wisconsin, made in the above entitled 
 matter and filed in the office of said Industrial Commission of Wis- 
 consin, in the Capitol in the City of Madison, Wisconsin, on the 
 
 day of , 191, and that the same is a true copy 
 
 thereof. 
 
 Dated at the City of Madison, Wis., 
 
 this day of , 19 
 
 (Seal) Secretary. 
 
 INDUSTRIAL COMMISSION OF WISCONSIN.
 
 CHAPTER XIII. 
 
 NEW JERSEY COMPENSATION ACT. 
 
 Sec. Sec. 
 
 254. Nature and scope of act. dents to be made to the 
 
 255. Text of New Jersey work- Department of Labor. 
 
 men's compensation act. 259. Construction of act and 
 
 256. Text of supplementary act procedure thereunder. 
 
 saving existing contracts. 260. Form of accident blank for 
 
 257. Text of act creating the report by employer. 
 
 employer's liability com- 261. Form of report by insur- 
 mission. ance company to commis- 
 
 258. Text of act requiring re- sioner of Labor on acci- 
 
 ports of industrial accl- dent and compensation 
 
 paid. 
 
 254. Nature and scope of act. The New Jersey 
 act is divided into two sections compensations by 
 action at law and elective compensation. The act permits 
 an election by either of the parties and allows a term- 
 ination of the agreement after election on sixty days 
 notice in writing prior to any accident. Where the elec- 
 tion is made the elective compensation is to be paid in 
 case of injury or death without regard to the negligence 
 of the employer unless the injury or death is intention- 
 ally self-inflicted or is due to the intoxication of the em- 
 ploye. Whether the injury or death is due to these lat- 
 ter causes is a question of fact for the jury and to be 
 established by the employer. The common-law de- 
 fenses of fellow servant, contributory negligence and 
 assumption of risk are abolished. All employments ex- 
 cept casual are covered by the act and the employer is 
 held directly liable to pay the compensations as pro- 
 vided in the law. Compensation begins two weeks after 
 the accident, but the expenses of medical and surgical 
 aid not to exceed $100 during the first two weeks after 
 the injury is received. The act as it now stands works 
 
 627
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 628 
 
 automatically without the intervention of commissions 
 and boards of award. 1 
 
 Note by Commissioner of Labor This act automatically places 
 every contract of employment under the compensation section, but 
 'permits either party to elect not to be subject to its provisions, to 
 have recourse to action at law for compensation. 
 
 255. Text of New Jersey workmen's compensation 
 act. The act is entitled an act prescribing the liability 
 of an employer to make compensation for injuries re- 
 ceived by an employe in the course of employment, 
 establishing an elective schedule of compensation, and 
 regulating procedure for the determination of liability 
 and compensation thereunder. It became effective July 
 4, 1911. It provides: 
 
 SECTION I. COMPENSATION BY ACTION AT LAW. 
 
 1. When personal injury is caused to an employe by 
 accident arising out of and in the course of his employ- 
 ment, of which the actual or lawfully imputed negli- 
 gence of the employer is the natural and proximate 
 cause, he shall receive compensation therefor from his 
 employer, provided the employe was himself not wil- 
 fully negligent at the time of receiving such injury, and 
 the question of whether the employe was wilfully negli- 
 gent shall be one of fact to be submitted to the jury, sub- 
 ject to the usual superintending powers of a court to set 
 aside a verdict rendered contrary to the evidence. 
 
 2. The right to compensation as provided by section 
 I of this act shall not be defeated upon the ground that 
 the injury was caused in any degree by the negligence 
 of a fellow employe; or that the injured employe as- 
 sumed the risks inherent in or incidental to or arising 
 out of his employment or arising from the failure of the 
 
 iThe act has not been construed by the Supreme Court at the 
 time this is written. It has been upheld in the court of Common 
 Pleas of Essex county in a most instructive opinion by Justice 
 Martin in the case of Sexton v. Newark Dist. Tel. Co. reported in 
 34 N. J. Law Journal, p. 368, and 35 N. J. Law Journal, p. 8.
 
 629 NEW JERSEY ACT. 255 
 
 employer to provide and maintain safe premises and 
 suitable appliances; which said grounds of defense are 
 hereby abolished. 
 
 3. If an employer enters into a contract, written or 
 verbal, with an independent contractor to do part of 
 such employer's work, or if such contractor enters into 
 a contract, written or verbal, with a subcontractor to do 
 all or any part of such work comprised in such con- 
 tractor's contract with the employer, such contract or 
 subcontract shall not bar the liability of the employer 
 under this act for injury caused to an employe of such 
 contractor or subcontractor by any defect in the condi- 
 tion of the ways, works, machinery or plant if the defect 
 arose or had not been discovered and remedied through 
 the negligence of the employer or some one entrusted 
 by him with the duty of seing that they were in proper 
 condition. This paragraph shall apply only to actions 
 arising under section one. 
 
 4. The provisions of paragraphs one, two and three 
 shall apply to any claim for the death of an employe 
 arising under an act entitled "An act to provide for the 
 recovery of damages in cases where the death of a 
 person is caused by wrongful act, neglect or default," 
 approved March third, eighteen hundred and forty- 
 eight, and the amendments thereof and supplements 
 thereto. 
 
 5. In all actions at law brought pursuant to section I 
 of this act, the burden of proof to establish wilful negli- 
 gence in the injured employe shall be upon the defend- 
 ant. 
 
 6. No claim for legal services or disbursements per- 
 taining to any demand made or suit brought under the 
 provisions of this act shall be an enforceable lien against 
 the amount paid as compensation, unless the same be 
 approved in writing by the judge or justice presiding 
 at the trial, or in case of settlement without trial, by 
 the judge of the circuit court of the district in which
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 630 
 
 such issue arose; provided, that if notice in writing be 
 given the defendant of such claim for legal services or 
 disbursements, the same shall be a lien against the 
 amount paid as compensation, subject to determination 
 of the amount and approval hereinbefore provided. 
 
 SECTION II. ELECTIVE COMPENSATION. 
 
 7. When employer and employe shall by agreement, 
 either express or implied, as hereinafter provided, accept 
 the provisions of section II of this act, compensation 
 for personal injuries to or for the death of such employe 
 by accident arising out of and in the course of his em- 
 ployment shall be made by the employer without regard 
 to the negligence of the employer, according to the 
 schedule contained in paragraph eleven, in all cases 
 except when the injury or death is intentionally self- 
 inflicted, or when intoxication is the natural and proxi- 
 mate cause of injury, and the burden of proof of such 
 fact shall be upon the employer. 
 
 8. Such agreement shall be a surrender by the par- 
 ties thereto of their rights to any other method, form 
 or amount of compensation or determination thereof 
 than as provided in section II of this act, and an accept- 
 ance of all the provisions of section II of this act, and 
 shall bind the employe himself and for compensation 
 for his death shall bind his personal representatives, 
 his widow and next of kin, as well as the employer, and 
 those conducting his business during bankruptcy or in- 
 solvency. 
 
 9. Every contract of hiring made subsequent to the 
 time provided for this act to take effect shall be pre- 
 sumed to have been made with reference to the pro- 
 visions of section II of this act, and unless there be 
 as a part of such contract an express statement in 
 writing, prior to any accident, either in the contract 
 itself or by written notice from either party to the other, 
 that the provisions of section II of this act are not in-
 
 631 NEW JERSEY ACT. 2 55 
 
 tended to apply, then it shall be presumed that the 
 parties have accepted the provisions of section II of this 
 act and have agreed to be bound thereby. In the em- 
 ployment of minors, section II shall be presumed to ap- 
 ply unless the notice be given by or to the parent or 
 guardian of the minor. 
 
 10. The contract for the operation of the provisions 
 of section II of this act may be terminated by either 
 party upon sixty days' notice in writing prior to any 
 accident. 
 
 11. Following is the schedule of compensation: 
 
 (a) For injury producing temporary disability, fifty 
 per centum of the wages received at the time of injury, 
 subject to a maximum compensation of ten dollars per 
 week and a minimum of five dollars per week; provided, 
 that if at the time of injury the employe receives wages 
 of less than five dollars per week, then he shall receive 
 the full amount of such wages per week. This com- 
 pensation shall be paid during the period of such dis- 
 ability, not, however, beyond three hundred weeks. 
 
 (b) For disability total in character and permanent 
 in quality, fifty per centum of the wages received at the 
 time of injury, subject to a maximum compensation of 
 ten dollars per week and a minimum of five dollars per 
 week; provided, that if at the time of injury the employe 
 receives wages of less than five dollars per week, then 
 he shall receive the full amount of wages per week. This 
 compensation shall be paid during the period of such dis- 
 ability, not, however, beyond four hundred weeks. 
 
 (c) For disability partial in character but permanent 
 in quality, the compensation shall be based upon the 
 extent of such disability. In cases included by the fol- 
 lowing schedule the compensation shall be that named 
 in the schedule, to wit : 
 
 For the loss of a thumb, fifty per centum of daily 
 wages during sixty weeks. 
 
 For the loss of a first finger, commonly called index
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 632 
 
 finger, fifty per centum of daily wages during thirty-five 
 weeks. 
 
 For the loss of a second finger, fifty per centum of 
 daily wages during thirty weeks. 
 
 For the loss of a third finger, fifty per centum of 
 daily wages during twenty weeks. 
 
 For the loss of a fourth finger, commonly called little 
 finger, fifty per centum of daily wages during fifteen 
 weeks. 
 
 The loss of the first phalange of the thumb, or of any 
 finger, shall be considered to be equal to the loss of one- 
 half of such thumb, or finger, and compensation shall 
 be one-half the amounts above specified. 
 
 The loss of more than one phalange shall be con- 
 sidered as the loss of the entire finger or thumb; pro- 
 viding, however, that in no case shall the amount re- 
 ceived for more than one finger exceed the amount pro- 
 vided in this schedule for the loss of a hand. 
 
 For the loss of a great toe, fifty per centum of daily 
 wages during thirty weeks. 
 
 For the loss of one of the toes other than a great 
 toe, fifty per centum of daily wages during ten weeks. 
 
 For the loss of the first phalange of any toe shall be 
 considered to be equal to the loss of one-half of such 
 toe, and compensation shall be one-half of the amount 
 above specified. 
 
 The loss of more than one phalange shall be con- 
 sidered as the loss of the entire toe. 
 
 For the loss of a hand, fifty per centum of daily wages 
 during one hundred and fifty weeks. 
 
 For the loss of an arm, fifty per centum of daily 
 wages during two hundred weeks. 
 
 For the loss of a foot, fifty per centum of daily wages 
 during one hundred and twenty-five weeks. 
 
 For the loss of a leg, fifty per centum of daily wages 
 during one hundred and seventy-five weeks.
 
 633 NEW JERSEY ACT. 2 55 
 
 For the loss of an eye, fifty per centum of daily 
 wages during one hundred weeks. 
 
 The loss of both hands, or both arms, or both feet, 
 or both legs, or both eyes, or of any two thereof, shall 
 constitute total and permanent disability, to be compen- 
 sated according to the provisions of clause (b). 
 
 In all other cases in this class the compensation shall 
 bear such relation to the amounts stated in the above 
 schedule as the disabilities bear to those produced by the 
 injuries named in the schedule. Should the employer 
 and employe be unable to agree upon the amount of 
 compensation to be paid in cases not covered by the 
 schedule, the amount of compensation shall be settled 
 according to the provisions of paragraph twenty hereof. 
 
 The amounts specified in this clause are all subject to 
 the same limitations as to maximum and minimum as 
 are stated in clause (a). 
 
 12. In case of death compensation shall be computed 
 but not distributed on the following basis : 
 
 (1) Actual dependents. 
 
 If orphan or orphans, a minimum of twenty-five per 
 centum of wages of deceased, with ten per centum ad- 
 ditional for each orphan in excess of two, with a maxi- 
 mum of sixty per centum. 
 
 If widow alone, twenty-five per centum of wages. 
 
 If widow and one child, forty per centum of wages. 
 
 If widow and two children, forty-five per centum of 
 wages. 
 
 If widow and three children, fifty per centum of 
 wages. 
 
 If widow and four children, fifty-five per centum of 
 wages. 
 
 If widow and five children or more, sixty per centum 
 of wages. 
 
 If widow and father or mother, fifty per centum of 
 wages. 
 
 If grandparents, grandchildren, or minor, or incapaci-
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 634 
 
 tated brothers or sisters, twenty-five per centum of 
 wages. 
 
 Compensation in case of death shall be computed on 
 the basis of the foregoing schedule, but shall be dis- 
 tributed according to the laws of this State providing 
 for the distribution of the personal property of an intes- 
 tate decedent, unless decedent has in fact left a will. 
 
 (2) No dependents. 
 
 Expenses of last sickness and burial not exceeding 
 two hundred dollars. 
 
 In computing compensation to orphans or other chil- 
 dren, only those under sixteen years of age shall be in- 
 cluded, and only during the period in which they are 
 under that age, at which time payment on account of 
 such child shall cease. 
 
 The compensation in case of death shall be subject 
 to a maximum compensation of ten dollars per week and 
 a minimum of five dollars per week; provided, that if at 
 the time of injury the employe receives wages of less 
 than five dollars per week, then the compensation shall 
 be the full amount of such wages per week. This com- 
 pensation shall be paid during three hundred weeks. 
 
 Compensation under this schedule shall not apply to 
 alien dependents not residents of the United States. 
 
 13. No compensation shall be allowed for the first 
 two weeks after injury received, except as provided by 
 paragraph fourteen, nor in any case unless the employer 
 has actual knowledge of the injury or is notified thereof 
 within the period specified in paragraph fifteen. 
 
 14. During the first two weeks after the injury the 
 employer shall furnish reasonable medical and hospital 
 services and medicines, as and when needed, not to ex- 
 ceed one hundred dollars in value, unless the employe 
 refuses to allow them to be furnished by the employer. 
 
 15. Unless the employer shall have actual knowledge 
 of the occurrence of the injury, or unless the employe, 
 or some one on his behalf, or some of the dependents,
 
 635 NEW JERSEY ACT. 255 
 
 or some one on their behalf, shall give notice thereof 
 to the employer within fourteen days of the occurrence 
 of the injury, then no compensation shall be due until 
 such notice is given or knowledge obtained. If the 
 notice is given, or the knowledge obtained within thirty 
 days from the occurrence of the injury, no want, failure, 
 or inaccuracy of a notice shall be a bar to obtaining com- 
 pensation, unless the employer shall show that he was 
 prejudiced by such want, defect or inaccuracy, and then 
 only to the extent of such prejudice. If the notice is 
 given, or the knowledge obtained within ninety days, 
 and if the employe, or other beneficiary, shall show that 
 his failure to give prior notice was due to his mistake, 
 inadvertence, ignorance of fact or law, or inability, or to 
 the fraud, misrepresentation or deceit of another person, 
 or to any other reasonable cause or excuse, then com- 
 pensation may be allowed, unless, and then to the ex- 
 tent only that the employer shall show that he was 
 prejudiced by failure to receive such notice. Unless 
 knowledge be obtained, or notice given, within ninety 
 days after the occurrence of the injury, no compensation 
 shall be allowed. 
 
 16. The notice referred to may be served personally 
 upon the employer, or upon any agent of the employer 
 upon whom a summons may be served in a civil action, 
 or by sending it through the mail to the employer at 
 the last known residence or business place thereof with- 
 in the State, and shall be substantially in the following 
 form: 
 
 To (name of employer) : 
 
 You are hereby notified that a personal injury was received 
 by (name of employe injured), who was in your employ at 
 (place) while engaged as (nature of employment), on or about 
 t ne ( ) day of ( ) nineteen hundred and 
 
 ( ), and that compensation will be claimed therefor. 
 
 Signed, 
 
 ( > 
 
 But no variation from this form shall be material if
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 636 
 
 the notice is sufficient to advise the employer that a cer- 
 tain employe, by name, received an injury in the course 
 of his employment on or about a specified time, at or 
 near a certain place. Notice served at the office of, or 
 on the person who was the employe's immediate super- 
 ior, shall be a compliance with this act. 
 
 17. After an injury, the employe, if so requested by 
 his employer, must submit himself for examination at 
 some reasonable time and place within the State, and as 
 often as may be reasonably requested, to a physician or 
 physicians authorized to practice under the laws of this 
 State. If the employe requests, he shall be entitled to 
 have a physician or physicians of his own selection pres- 
 ent to participate in such examination. The refusal of 
 the employe to submit to such examination shall de- 
 prive him of the right to compensation during the con- 
 tinuance of such refusal. When a right to compen- 
 sation is thus suspended no compensation shall be pay- 
 able in respect of the period of suspension. 
 
 18. In case of a dispute over, or failure to agree 
 upon, a claim for compensation between employer and 
 employe, or the dependents of the employe, either party 
 may submit the claim, both as to questions of fact, the 
 nature and effect of the injuries, and the amount of com- 
 pensation therefor according to the schedule herein pro- 
 vided to the judge of the court of common pleas of such 
 county as would have jurisdiction in a civil case, or 
 where there is more than one judge of said court, then 
 to either or any of said judges of such court, which judge 
 is hereby authorized to hear and determine such dis- 
 putes in a summary manner, and his decision as to all 
 questions of fact shall be conclusive and binding. 
 
 19. In case of death, where no executor or admin- 
 istrator is qualified, the said judge shall, by order, direct 
 payment to be made to such person as would be ap- 
 pointed administrator of the estate of such decedent 
 upon like terms as to bond for the proper application of
 
 NEW JERSEY ACT. 255 
 
 compensation payments as are required of administra- 
 tors. 
 
 20. Procedure in case of dispute shall be as follows : 
 
 Either party may present a petition to said judge 
 setting forth the names and residences of the parties 
 and the facts relating to employment at the time of 
 injury, the injury in its extent and character, the amount 
 of wages received at the time of injury, the knowledge 
 of the employer or notice of the occurrence of said in- 
 jury, and such other facts as may be necessary and 
 proper for the information of the said judge, and shall 
 state the matter or matters in dispute and the contention 
 of the petitioner with reference thereto. This petition 
 shall be verified by the oath or affirmation of the peti- 
 tioner. 
 
 Upon the presentation of such petition the same shall 
 be filed with the clerk of the court of common pleas, 
 and the judge shall fix a time and place for the hearing 
 thereof, not less than three weeks after the date of the 
 filing of said petition. A copy of said petition shall be 
 served as summons in a civil action and may be served 
 within four days thereafter upon the adverse party. 
 Within seven days after the service of such notice the 
 adverse party shall file an answer to said petition, which 
 shall admit or deny the substantial averments of the 
 petition, and shall state the contention of the defendant 
 with reference to the matters in dispute as disclosed by 
 the petition. The answer shall be verified in like man- 
 ner as required for a petition. 
 
 At the time fixed for hearing or any adjournment 
 thereof the said judge shall hear such witnesses as may 
 be presented by each party, and in a summary manner 
 decide the merits of the controversy. This determina- 
 tion shall be filed in writing with the clerk of the com- 
 mon pleas court, and judgment shall be entered thereon 
 in the same manner as in causes tried in the court of 
 common pleas, and shall contain a statement of facts as
 
 255 WORKMEN'S COMPENSATION AND INSURANCE. 638 
 
 determined by said judge. Subsequent proceedings 
 thereon shall only be for the recovery of moneys thereby 
 determined to be due, provided that nothing herein con- 
 tained shall be construed as limiting the jurisdiction of 
 the Supreme Court to review questions of law by certi- 
 orari. Costs may be awarded by said judge in his dis- 
 cretion, and when so awarded the same costs shall be 
 allowed, taxed and collected as are allowed, taxed and 
 collected for like services in the common pleas court. 
 
 21. The amounts payable periodically as compensa- 
 tion may be commuted to one or more lump sum pay- 
 ments by the judge of the court of common pleas having 
 jurisdiction as set forth in the preceding paragraph, upon 
 the application of either party in his discretion, provided 
 the same be in the interest of justice. Unless so ap- 
 proved, no compensation payments shall be commuted. 
 
 An agreement or award of compensation may be 
 modified at any time by a subsequent agreement, or at 
 any time after one year from the time when the same 
 became operative it may be reviewed upon the applica- 
 tion of either party on the ground that the incapacity of 
 the injured employe has subsequently increased or 
 diminished. In such case the provisions of paragraph 
 seventeen with reference to medical examination shall 
 apply. 
 
 22. The right of compensation granted by this act 
 shall have the same preference against the assets of the 
 employer as is now or may hereafter be allowed by law 
 for a claim for unpaid wages for labor. Claims or pay- 
 ments due under this act shall not be assignable, and 
 shall be exempt from all claims of creditors and from 
 levy, execution or attachment. 
 
 SECTION III. GENERAL PROVISIONS. 
 
 23. For the purposes of this act, wilful negligence 
 shall consist of (1) deliberate act or deliberate failure 
 to act, or (2) such conduct as evidences reckless indiffer-
 
 639 NEW JERSEY ACT. 255 
 
 ence to safety, or (3) intoxication, operating as the 
 proximate cause of injury. 
 
 Wherever in this act the singular is used the plural 
 shall be included; where the masculine gender is used, 
 the feminine and neuter shall be included. 
 
 Employer is declared to be synonymous with master 
 and includes natural persons, partnerships and corpora- 
 tions; employe is synonymous with servant and includes 
 all natural persons who perform service for another for 
 financial consideration, exclusive of casual employments. 
 
 Amputation between the elbow and the wrist shall 
 be considered as the equivalent of the loss of a hand, 
 and amputation between the knee and the ankle shall be 
 considered as the equivalent of the loss of a foot. 
 
 24. In case for any reason any paragraph or any pro- 
 vision of this act shall be questioned in any court and 
 shall be held to be unconstitutional or invalid, the same 
 shall not be held to affect any other paragraph or pro- 
 vision of this act, except that sections I and II are here- 
 by declared to be inseparable, and if either section be 
 declared void or inoperative in an essential part, so that 
 the whole of such section must fall, the other section 
 shall fall with it and not stand alone. Section I of this 
 act shall not apply in cases where section II becomes 
 operative in accordance with the provisions thereof, but 
 shall apply in all other cases, and in such cases shall be 
 in extension of the common law. 
 
 25. Every right of action for negligence, or to re- 
 cover damages for injuries resulting in death, existing 
 before this act shall take effect, is continued, and noth- 
 ing in this act contained shall be construed as affecting 
 any such right of action, nor shall the failure to give the 
 notice provided for in section II, paragraph fifteen of 
 this act, be a bar to the maintenance of a suit, upon any 
 right of action existing before this act shall take effect. 
 
 26. All acts or parts of acts inconsistent with the 
 provisions of this act are hereby repealed.
 
 256 WORKMEN'S COMPENSATION AND INSURANCE. 640 
 
 256. Text of supplementary act saving existing 
 contracts. The matter of existing contracts at the time 
 of the enactment of the foregoing act was covered by the 
 following supplementary act which became effective 
 July 4, 1911. It reads: 
 
 1. Every contract of hiring, verbal, written or im- 
 plied from circumstances, now in operation or made or 
 implied prior to the time limited for the act to which 
 this act is a supplement to take effect, shall, after this act 
 takes effect, be presumed to continue subject to the pro- 
 visions of section two of the act to which this act is a 
 supplement, unless either party shall, prior to accident, 
 in writing, notify the other party to such contract that 
 the provisions of section two of the act to which this 
 act is a supplement are not intended to apply. 
 
 257. Text of act creating the employer's liability 
 commission. This act is entitled an act creating the 
 employers' liability commission and prescribing its 
 powers and duties, and requiring reports to be made by 
 the employers of labor upon the operations of the em- 
 ployers' liability law for the information of said com- 
 mission. This act became effective April 27, 1911. It 
 provides: 
 
 1. The Governor is hereby authorized to appoint six 
 citizens of this State as an employers' liability commis- 
 sion, who shall hold their offices for the term of two 
 years and until their successors are appointed and quali- 
 fied. They shall receive no compensation for their 
 services, but their actual traveling expenses incurred 
 upon the business of the commission shall be paid by 
 the State Treasurer, upon warrants approved by the 
 president of the said commission. The commission shall 
 have power to choose one of their number as president 
 and one of their number as secretary, and shall have 
 power to appoint a clerk. The expenses of the com- 
 mission, the salary of the secretary and of the clerk shall
 
 641 NEW JERSEY ACT. 
 
 be paid from appropriations made for that purpose in 
 any annual or supplemental appropriation bill. It shall 
 be the duty of the commission to observe in detail, so far 
 as possible, the operations throughout the State of the 
 recent act of the Legislature commonly known as "The 
 Employers' Liability Act" entitled "An act prescribing 
 the liability of an employer to make compensation for 
 injuries received by an employe in the course of employ- 
 ment, establishing an elective schedule of compensation 
 and regulating procedure for the determination of liabil- 
 ity and compensation thereunder," approved April 
 fourth, one thousand nine hundred and eleven. 
 
 2. From and after the fourth day of July next, when 
 the said law becomes operative, every employer of labor 
 within the State of New Jersey shall report to said 
 commission, upon the occurrence of any injury to any 
 of his employes the name and nationality of the employe 
 so injured, the nature and extent of such injury, whether 
 said injured employe and the employer at the time of 
 said injury were subject to the provisions of section 
 one or section two of said act, and the amount of com- 
 pensation when determined, together with such other 
 facts relating to such injury as the commission may re- 
 quest. The information thus received shall be tabu- 
 lated, from time to time, and the records thereof shall 
 be the private records of the commission; they shall not 
 be made public or open to inspection unless in the opin- 
 ion of the commission the public interests shall require 
 it, and they shall not be used as evidence against any 
 employer in any suit or action at law brought by any 
 employe for the recovery of damages. The commission 
 shall hold meetings, from time to time, as they may 
 deem necessary, and shall present to each session of the 
 Legislature a report showing the operations under the 
 said act during the preceding year, together with any 
 suggestions or recommendations which they may deem 
 necessary or proper for the improvement of the said 
 
 4J BOTD W C
 
 258 WORKMEN'S COMPENSATION AND INSURANCE. 642 
 
 act, in order to accomplish with the greatest efficiency 
 the purposes of the said act. 
 
 258. Text of act requiring reports of industrial ac- 
 cidents to be made to the Department of Labor. A 
 
 statute makes it the duty of employers to report all in- 
 dustrial accidents. This act became effective March 26, 
 1912. It provides: 
 
 1. Upon the happening of any accident in any em- 
 ployment of labor in this state, the result of which 
 shall be to prevent the injured person or persons from 
 resuming work within two weeks after the happening 
 thereof, the employer of such injured person or persons 
 shall report, in writing, to the Commissioner of Labor 
 the time, place and cause of the said accident, as nearly 
 as the same may be fairly ascertained, the extent of 
 injuries received, and such other facts as the Commis- 
 sioner of Labor may, by rule or regulation, require. In 
 case of injury not producing death, such report shall be 
 filed within four weeks after the happening of such in- 
 jury. In case of injury producing death, report shall 
 be filed within two weeks thereafter. Such reports may 
 be forwarded by mail, postage prepaid. 
 
 2. All companies engaged in casualty insurance 
 business within the state of New Jersey shall furnish to 
 the Commissioner of Labor a full and complete report 
 of all accidents to the employes of any person, firm, or 
 corporation insured by them, which prevents such in- 
 jured person or persons from resuming work within 
 two weeks after the happening of such injury, or which 
 result in death. In case of injury not producing death, 
 such report shall be filed within four weeks after such 
 injuries have been reported to such insurance company, 
 or such insurance company has otherwise gained knowl- 
 edge thereof. In case of injury producing death, such 
 report shall be filed within two weeks after such death 
 has been reported to such insurance company, or such
 
 643 NEW J ER SEY ACT. 258 
 
 insurance company has otherwise gained knowledge 
 thereof. Such reports shall state the time, place and 
 cause of injury, as nearly as the same may be ascer- 
 tained, and the extent thereof, and such other and fur- 
 ther information as the Commissioner of Labor may, 
 by rule or regulation, require. Such notice may be sent 
 by mail, postage prepaid. 
 
 3. The report filed with the Commissioner of Labor, 
 in accordance with the provisions of this act, shall not 
 be made public, and shall not be opened to inspection 
 unless, in the opinion of the Commissioner of Labor, 
 some public interest shall so require, and such reports 
 shall not be used as evidence against any employer in 
 any suit or action at law brought by any employe for 
 the recovery of damages, but such reports shall always 
 be at the service and use of the Employers' Liability 
 Commission. Reports filed in accordance with this act 
 shall be in lieu of all other reports required to be filed 
 pursuant to the provisions of an act entitled "An act 
 creating the Employers' Liability Commission and pre- 
 scribing its powers and duties, and requiring reports to 
 be made by the employers of labor upon the operations 
 of the Employers Liability Law for the information of 
 said commission," approved April twenty-seventh, one 
 thousand nine hundred and eleven, and shall be con- 
 sidered to be compliance with the terms of the last men- 
 tioned act. 
 
 4. Any corporation^ firm or person violating any of 
 the provisions of this act shall for each offense be liable 
 to a penalty of fifty dollars, to be recovered in an action 
 of debt, brought by the Commissioner of Labor, in the 
 name of the State of New Jersey. Each failure to re- 
 port shall be regarded as a separate offense. 
 
 Approved March 26, 1912. 
 
 259. Construction of act and procedure there- 
 under. The New Jersey Workmen's Compensation Act
 
 260 WORKMEN'S COMPENSATION AND INSURANCE. 644 
 
 does not provide for the creation of a Board of Admin- 
 istration of the Act, but does provide for the creation 
 of the "Employer's Liability Commission to observe 
 in detail, so far as possible, the operation through- 
 out the state of the Workmen's Compensation Act." 
 The law requires that every employer of labor 
 report to the said commission certain facts regarding 
 every accident causing injury to any of his employes 
 which entails a disability of two weeks, and that said 
 commission report annually to the Legislature showing 
 the operations under the said act during the preceding 
 year, together with any suggestions or recommenda- 
 tions which they may deem necessary for the improve- 
 ment of the said law. 
 
 Since March 26, 1912 2 the law requires all liability 
 insurance companies to report to the Commissioner of 
 Labor all accidents causing disability of two weeks, com- 
 ing under their hands, both as to the extent of the in- 
 jury and the amounts paid on account of such accidents. 
 
 Only two forms have been prescribed. One form 
 is to be made out by employers and the other is to be 
 filled out by all Liability Insurance companies and filed 
 with the said commissioner. These two forms preceded 
 by certain constructions of the compensation law and 
 procedure under it are set out in the succeeding sections. 
 
 260. Form of accident blank for report by em- 
 ployer: 
 
 To Employers of Labor of Any Kind: 
 
 The law requires that all accidents which prevent the injured 
 person from returning to work within two weeks, or which result 
 in death, shall be reported in writing to the Department, at Tren- 
 ton, New Jersey, within four weeks, or after the death of such 
 person injured, within two weeks. 
 
 Your attention is directed to the fact that the law provides a 
 fine when such reports are not made in the manner specified. 
 
 For such purpose this blank is furnished. Use a blank for each 
 
 2 See post 261.
 
 645 NEW JERSEY ACT. 260 
 
 person injured, and, when more blanks are needed, notify the De- 
 partment. 
 
 This blank is to be filled out in full according to the facts at the 
 time of reporting. In case the accident herein reported results sub- 
 sequently in death, that fact should then be immediately reported. 
 
 The purpose of these reports is statistical and preventive. 
 
 It is the desire of the Department to have the manufacturers of 
 the State co-operate with it in the effort being made of preventing 
 accidents, and the Department is particularly anxious to receive 
 suggestions calculated to guard against a repetition of accidents 
 coming under the observation of manufacturers, especially improve- 
 ments in the guarding of machinery, etc. 
 
 LEWIS T. BRYANT, Commissioner of Labor. 
 
 One purpose of these reports is to secure as definite information 
 of the operation of the Employers' Liability Act as can be obtained, 
 and the law directs that they shall always be at the service and use 
 of the Employers' Liability Commission to enable them to investi- 
 gate the operations of said act, in order to present to each session 
 of the Legislature a report showing the operations under said act, 
 together with suggestions and recommendations for its improve- 
 ment. 
 
 To that end the Employers' Liability Commission is most anxious 
 to secure the kindly help of employers of all kinds of labor through- 
 out the State, by comment, criticism or suggestion. 
 
 WILLIAM E. STUBBS, Secretary. 
 
 (Name of firm.) 
 (Business.) 
 
 (P. O. Address.) 
 
 Reports that the person named opposite was injured on the prem- 
 ises No Street, (city or village) 
 
 on the day of 19 
 
 A, If this is a second report, draw a line from A to B canceling 
 
 questions covered. 
 Nature and extent of injury 
 
 Cause and manner of the accident, (a) State fully how the acci- 
 dent occurred (indefinite or incomplete reports will be returned 
 for correction) 
 
 Has any accident ever occurred to any of the employe's under simi- 
 lar circumstances at the same place or with the same apparatus? 
 
 Was part of machine causing the injury properly guarded at time 
 of accident?.
 
 260 WORKMEN'S COMPENSATION AND INSURANCE. 646 
 
 If so, how? 
 
 Was the person injured regularly employed on such machine or on 
 
 the particular work at which injured? 
 
 | _ 
 
 If so, how long? 
 
 Can you suggest a practical method against a repetition of this acci- 
 dent? . 
 
 B 
 
 Date of reporting 
 
 Report every accident which entails disability of two weeks, med- 
 ical aid 3 or compensation. 
 
 To be forwarded to the Department of Labor, Trenton, N. J. 
 
 (Name of person injured.) 
 (Street residence.) 
 (City or village.) 
 
 (Occupation.) 
 Sex Age Married? 
 
 Nationality 
 
 Is this the first or second REPORT of this case? 
 
 Is there another report of this case to FOLLOW? 
 
 Did you GIVE written notice that the compensation pro- 
 visions of section two of the Employers' Liability Act 
 were not to apply to this employs? 
 
 Did you RECEIVE such notice from this employe? 
 
 Did the injury result in DEATH? 
 
 Is the disability permanent and TOTAL, as per clauses 
 (b) and (c), paragraph II, of Liability Law? 
 
 Is the injury permanent and PARTIAL? 
 
 Did the injury REQUIRE medical aid? 
 
 Did you SUPPLY all the medical aid required during the 
 first two weeks? 
 
 State the COST of medical aid rendered by you. 
 
 How much TIME did the employe lose due to the injury? 
 
 State the amount of weekly WAGES. 
 
 Has, or will, this employe, or dependents, receive COM- 
 PENSATION weekly? 
 
 3 The term medical aid will probably be stricken out of next 
 issue of blanks.
 
 647 NEW JERSEY ACT. 261 
 
 If so, how MUCH per week? 
 
 And for how MANY weeks? 
 
 In case of death, state number of DEPENDENTS. 
 
 In case of death, with no dependents, state cost of last 
 
 sickness and BURIAL. 
 
 State TOTAL, to which it will amount for all items, paid 
 
 and to be paid. 
 
 Was this case submitted to the Judge of the COURT of 
 
 Common Pleas for settlement or adjustment? 
 
 If so, specify the Court, 
 
 If no compensation was or is to be paid to the injured, state grounds 
 
 for not so doing 
 
 If case is not yet closed, make a second report giving the final 
 figures, at termination of disability, or if death results later. 
 
 This Department should be notified of any subsequent modifica- 
 tion of agreement of award or commutation thereof. 
 
 (Signature of firm reporting.) 
 
 Printed in copying ink for convenience of persons desiring to re- 
 tain copy. 
 
 261. Form of report by insurance company to 
 commissioner of labor on accident and compensation 
 paid. 
 
 (Name of insured employer.) 
 
 (P. O. address.) 
 
 On second report omit replies to questions answered on first 
 report. 
 Nature and extent of injury 
 
 Cause of accident. 
 
 If no compensation was or is to be paid, state grounds for not 
 so doing 
 
 If case is not yet closed, make a second report, giving the final 
 figures, at the termination of disability, or if death results later. 
 
 This Department should be notified of any subsequent modifica- 
 tion of agreement or award, or commutation thereof.
 
 26 1 WORKMEN'S COMPENSATION AND INSURANCE. 648 
 
 Date of reporting 
 
 To be forwarded to the Department of Labor, Trenton, 
 NEW JERSEY. 
 
 (Name of person injured.) 
 
 On the day of 19 
 
 Is this first or second REPORT of this case? 
 
 Is there another report of this case to FOLLOW? 
 
 Was injured subject to SECTION 1 or 2 of the Liability 
 
 Law? 
 
 Did the injury REQUIRE medical aid? 
 
 Was medical aid SUPPLIED in accordance with law? 
 
 State approximate COST of medical aid. 
 
 Has, or will, this employe, or dependents, receive 
 
 COMPENSATION weekly? 
 
 If so, how MUCH per week? 
 
 And for how MANY weeks? 
 
 In case of death, with no dependents, state cost of last 
 
 sickness and BURIAL. 
 
 State TOTAL to which it will amount for all items, paid 
 
 and to be paid. 
 
 (Signature of Insurance Co.)
 
 CHAPTER XIV. 
 
 THE CALIFORNIA WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 262. The nature and scope of 275. 
 
 the act. 
 
 263. The California act and its 
 
 construction by the board. 276. 
 
 264. Reports of industrial acci- 
 
 dents. 277. 
 
 265. Rules of practice of the in- 
 
 dustrial accident board of 
 California. 278. 
 
 266. The formal procedure un- 
 
 der the act. 
 
 267. Forms to be used by em- 279. 
 
 ployers. 
 
 268. Form of employer's writ- 
 
 ten acceptance of the pro- 
 visions of the act. (a) 280. 
 
 269. Form of employer's with- 
 
 drawal of acceptance of 281. 
 provisions of the act. (b) 
 
 270. Form of notice that em- 
 
 ployer has accepted the 282. 
 
 compensation provisions 
 
 of the act. (c) 283. 
 
 271. Form of employer's first 
 
 report of accident to em- 284. 
 ploye". (d) 
 
 272. Form of employer's supple- 285. 
 
 mental report of accident 
 
 to employe, (e) 286. 
 
 273. Forms for employe's. 
 
 274. Form of notice by employe 
 
 of election not to be sub- 287. 
 ject to the provisions of 
 the act. (f) 
 
 Form of notice to employer 
 of claim for compensation 
 for injury under act. (g) 
 
 Forms for hearings before 
 board. 
 
 Form of notice of filing of 
 application for adjust- 
 ment of claim, (h) 
 
 Form of notice of hearing 
 of application for adjust- 
 ment of claim, (i) 
 
 Form of subpoena for wit- 
 ness to appear before in- 
 dustrial accident board, 
 (j) 
 
 Forms to be used by physi- 
 cians. 
 
 Form of physician's report 
 of accident to employs, 
 (k) 
 
 Form of request for report 
 of accident. (1) 
 
 Form of request for fuller 
 report of accident, (m) 
 
 Form of notice to doctor to 
 file report, (n) 
 
 Forms to be used by casual- 
 ty companies. 
 
 Form of first accident re- 
 port of casualty company, 
 (o) 
 
 Form of supplemental ac- 
 cident report of casualty 
 company, (p) 
 
 262. The nature and scope of the act. The Cali- 
 fornia act is an adaptation of the Wisconsin statute with 
 
 649
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 650 
 
 slight modifications. Briefly stated, it abolishes the de- 
 fenses of fellow servant and assumption of risk and 
 establishes the doctrine of comparative negligence in 
 actions for injuries to employes. The employer is denied 
 the right to exemption from liability under contracts, 
 rules or regulations. Where the employer elects to be 
 bound by the statutory compensations and his employe 
 does not notify the employer of his unwillingness to be 
 bound thereby, then the compensation for injury or 
 death is that fixed by the statute unless the injury is due 
 to the personal gross negligence or wilful personal mis- 
 conduct of the employer or his violation of a statutory 
 duty. Where the injuries are due to these causes, the 
 employe may, at his option, claim compensation under 
 the act or, he may sue his employer and the employer 
 may interpose only the single defense of comparative 
 negligence. Compensation will be denied the employe 
 where the injury is the result of his own wilful miscon- 
 duct. 
 
 263. The California act and its construction by the 
 board. The act is entitled, "An act relating to the lia- 
 bility of employers for injuries or death sustained by 
 their employes, providing for compensation for the acci- 
 dental injury of employes, establishing an industrial ac- 
 cident board, making an appropriation therefor, defining 
 its powers and providing for a review of its awards." 
 The act was approved April 8, 1911, and became effective 
 September 1, 1911. It provides: 
 
 Section 1. In any action to recover damages for a 
 personal injury sustained within this state by an em- 
 ploye while engaged in the line of his duty or the course 
 of his employment as such, or for death resulting from 
 personal injury so sustained, in which recovery is sought 
 upon the ground of want of ordinary or reasonable care 
 of the employer, or of any officer, agent or servant of 
 the employer, the fact that such employe may have been
 
 651 CALIFORNIA ACT. 263 
 
 guilty of contributory negligence shall not bar a re- 
 covery therein where his contributory negligence was 
 slight and that of the employer was gross, in com- 
 parison, but the damages may be diminished by the jury 
 in proportion to the amount of negligence attributable 
 to such employe, and it shall be conclusively presumed 
 that such employe was not guilty of contributory negli- 
 gence in any case where the violation of any statute en- 
 acted for the safety of employes contributed to such em- 
 ploye's injury; and it shall not be a defense: 
 
 (1) That the employe either expressly or impliedly 
 assumed the risk of the hazard complained of. 
 
 (2) That the injury or death was caused in whole or 
 in part by the want of ordinary or reasonable care of a 
 fellow servant. 
 
 Note by board The foregoing section abolishes the common-law 
 doctrine of assumption of risk and the fellow-servant rule, and modi- 
 fies the defense of contributory negligence, thereby increasing the 
 liability of the employer in excess of 300 per cent. 
 
 This portion of the act is not elective and applies to every em- 
 ployer. In an action at law, there is no limit placed upon the 
 amount of damages that may be recovered for personal injuries sus- 
 tained. If, however, an employer elects the compensation schedule 
 fixed by the succeeding sections of the act, the amount that may be 
 recovered by an injured employe is limited to the scale of compensa- 
 tion specified in section 8 of the act. In determining whether or 
 not he will elect compensation, a prudent employer will take into 
 consideration his increased liability, the present tendency of the 
 courts and juries to allow heavy damages for personal injuries, and 
 the fact that the ordinary indemnity insurance is limited to $5,000 
 for a single injury and to $10,000 where more than one person is 
 hurt through a single accident. The New York Commission investi- 
 gated two hundred and thirty-four fatal cases, and found that 2.1 
 per cent, of the recoveries allowed were in excess of $5,000. Sta- 
 tistics show that when an accident causes permanent disability, a 
 larger sum is awarded the injured than is paid where the accident 
 results in death. This is exemplified by the recent decision of the 
 Supreme Court of the State of California, affirming a judgment for 
 $70,000, which, together with accrued interest and costs, amounted 
 to $92,000. These instances plainly show that insurance under the 
 old system of employers' liability is wholly inadequate, and that
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 652 
 
 only through compensation, with its limited risks, can the employer 
 be fully protected. 
 
 Section 2. No contract, rule or regulation, shall 
 exempt the employer from any of the provisions of the 
 preceding section of this act. 
 
 Note by board This section makes it impossible for an employer 
 to avoid liability for damages by obtaining from his employe, as a 
 condition precedent to employment, a waiver of liability which 
 would impair the employe's rights under this act. 
 
 Section 3. Liability for the compensation herein- 
 after provided for, in lieu of any other liability whatso- 
 ever, shall, without regard to negligence, exist against 
 an employer for any personal injury accidentally sus- 
 tained by his employes, and for his death if the injury 
 shall approximately cause death, in those cases where 
 the following conditions of compensation concur: 
 
 (1) Where, at the time of the accident, both the em- 
 ployer and employe are subject to the provisions of this 
 act according to the succeeding sections hereof. 
 
 (2) Where, at the time of the accident, the employe 
 is performing service growing out of and incidental to 
 his employment and is acting within the line of his duty 
 or course of his employment as such. 
 
 (3) Where the injury is approximately caused by 
 accident, either with or without negligence, and is not 
 so caused by the wilful misconduct of the employe. 
 
 And where such conditions of compensation exist 
 for any personal injury or death, the right to the recov- 
 ery of such compensation pursuant to the provisions of 
 this act, and acts amendatory thereof, shall be the ex- 
 clusive remedy against the employer for such injury or 
 death, except that when the injury was caused by the 
 personal gross negligence or wilful personal misconduct 
 of the employer, or by reason of his violation of any 
 statute designed for the protection of employes from 
 bodily injury, the employe may, at his option, either 
 claim compensation under this act, or maintain an action
 
 653 CALIFORNIA ACT. 263 
 
 for damages therefor; in all other cases the liability of 
 the employer shall be the same as if this and the suc- 
 ceeding sections of this act had not been passed, but 
 shall be subject to the provisions of the preceding sec- 
 tions of this act. 
 
 Note by board Compensation must be paid for any personal in- 
 jury accidentally sustained by an employe, whenever these facts 
 appear : 
 
 (1) Both employer and employe are subject to the compensa- 
 tion provisions of the act. 
 
 (2) Injury approximately caused by accident. 
 
 (3) Employe at the time of the accident was performing serv- 
 ice, within scope of employment and growing out of and incidental 
 to his employment. 
 
 (4) Such injury was not caused by wilful misconduct of in- 
 jured employe. 
 
 An accident has been defined as "a bodily injury arising out of 
 the sudden action of a violent, fortuitous and external cause." 
 
 It makes no difference who is to blame for the accidental in- 
 jury; it is sufficient that the injury was received while the em- 
 ploye was performing the proper services of his employment. Only 
 wilful misconduct, that is to say "intentional" misconduct, on the 
 part of the injured employe can relieve the employer from liability 
 for compensation. 
 
 When the conditions of compensation exist, the right to compen- 
 sation becomes the exclusive remedy of the injured employe", unless 
 
 (1) The injury was caused by the "personal gross negligence" 
 or "wilful personal misconduct" of employer; or, 
 
 (2) By reason of his violation of any statute designed for the 
 protection of his employes from bodily injury. 
 
 In either of such cases the employe" may elect compensation or 
 proceed at law for damages. 
 
 The workman is denied the right to compensation where the ac- 
 cident results from his wilful misconduct, and likewise the employer 
 is denied the benefit of compensation (at the option of the work- 
 man) if the accident results from the gross "personal" fault or mis- 
 conduct of the employer. 
 
 In our act, the option is given to the employe only when the ac- 
 cident is caused by the "gross personal" fault of the employer. The 
 negligence or misconduct of another can not be imputed to the em- 
 ployer. 
 
 Section 4. The following shall constitute employers 
 subject to the provisions of this act within the mean- 
 ing of the preceding section:
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 654 
 
 (1) The state, and each county, city and county, 
 city, town, village and school districts and all public 
 corporations, every person, firm, and private corpora- 
 tion (including any public service corporation), who has 
 any person in service under any contract of hire, express 
 or implied, oral or written, and who, at or prior to the 
 time of the accident to the employe for which compen- 
 sation under this act may be claimed, shall, in the man- 
 ner provided in the next section, have elected to become 
 subject to the provisions of this act, and who shall not, 
 at the time of such accident, have withdrawn such elec- 
 tion, in the manner provided in the next section. 
 
 Jfote by board This section, when read in connection with sec- 
 tions 6 and 7, defines the two classes of employers to which the 
 compensation schedule applies. 
 
 (1) The state, and each county, city and county, city, town, 
 village and school district and all public corporations. 
 
 (2) All private employers who shall have elected to come within 
 the compensation provisions of the act. 
 
 Except in so far as it may conflict with the constitutional pro- 
 visions relative to charter cities, there can be little doubt as to the 
 right of the legislature to provide for the compensation of those in 
 the public service. Since compensation to injured workmen is based 
 upon broad considerations of public welfare, as well as the resultant 
 benefit to the individual, the state and its subdivisions should be 
 the first to extend to employes the compensation which the state 
 recommends to private employers. 
 
 Officials of the public bodies named should make proper pro- 
 visions for the compensation fixed. 
 
 Section 5. Such election on the part of the employer 
 shall be made by filing with the industrial accident 
 board, hereinafter provided for, a written statement to 
 the effect that he accepts the provisions of this act, the 
 filing of which statement shall operate, within the mean- 
 ing of section three of this act, to subject such employer 
 to the provisions of this act and all acts amendatory 
 thereof for the term of one year from the date of the 
 filing of such statement, and thereafter, without further 
 act on his part, for successive terms of one year each, 
 unless such employer shall, at least sixty days prior to
 
 655 CALIFORNIA ACT. 263 
 
 the expiration of such first or any succeeding year, file 
 in the office of said board a notice in writing to the effect 
 that he withdraws his election to be subject to the pro- 
 visions of the act. 
 
 Note by board By filing the statement with the Industrial Acci- 
 dent Board, the employer voluntarily accepts the compensation 
 schedule of the act for the term of one year. Since compensation 
 legislation is in a sense experimental in California, and its ultimate 
 success dependent upon the co-operation of the employer, it was 
 thought best to allow an employer to elect the compensation for a 
 limited term, with the right to withdraw his election at the expira- 
 tion of the term in the event he found compensation unsatisfactory. 
 Since this act was passed a constitutional amendment designed 
 to meet any constitutional objections has been adopted by the peo- 
 ple of this state, and it is probable that at some future time a com- 
 pulsory act will be adopted. 
 
 Section 6. The term "employe" as used in section 
 three of this act shall be construed to mean : 
 
 (1) Every person in the service of the state, or any 
 county, city and county, city, town, village or school dis- 
 trict therein, and all public corporations, under any ap- 
 pointment or contract of hire, express or implied, oral or 
 written, except any official of the state, or of any county, 
 city and county, city, town, village or school district 
 therein or any public corporation, who shall have been 
 elected or appointed for a regular term of one or more 
 years, or to complete the unexpired portion of any such 
 regular term. 
 
 (2) Every person in the service of another under 
 any contract of hire, express or implied, oral or written, 
 including aliens, and also including minors who are 
 legally permitted to work under the laws of the state 
 (who, for the purposes of the next section of this act, 
 shall be considered the same and shall have the same 
 power of contracting as adult employes), but not includ- 
 ing any person whose employment is but casual and not 
 in the usual course of the trade, business, profession or 
 occupation of his employer.
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 656 
 
 Note by board This section defines the two classes of employes : 
 
 (1) Public employes. 
 
 (2) Private employes. 
 
 In the first class a distinction is made between an "employe" and 
 an "official." Public officials are not included in the compensation 
 benefits. 
 
 In the second class a distinction is made between the ordinary 
 employe and the employe "whose employment is but casual, and not 
 in the usual course of the trade, business, profession or occupation 
 of his employer." Such employes are excluded from the compensation 
 benefits. 
 
 Section 7. Any employe as defined in subsection (1) 
 of the preceding section shall be subject to the provi- 
 sions of this act and of any act amendatory thereof. Any 
 employe as defined in subsection (2) of the preceding 
 section shall be deemed to have accepted and shall, 
 within the meaning of section 3 of this act be subject to 
 the provisions of this act and of any act amendatory 
 thereof, if, at the time of the accident upon which liabil- 
 ity is claimed : 
 
 (1) The employer charged with such liability is sub- 
 ject to the provisions of this act, whether the employe 
 has actual notice thereof or not ; and 
 
 (2) At the time of entering into his contract of hire, 
 express or implied, with such employer, such employe 
 shall not have given to his employer notice in writing 
 that he elects not to be subject to the provisions of this 
 act, or, in the event that such contract of hire was made 
 in advance of such employer becoming subject to the 
 provisions of the act, such employe shall, without giving 
 such notice, remain in the service of such employer for 
 thirty days after the employer has filed with said board 
 an election to be subject to the terms of this act. 
 
 Note by board (1) "Public Employes." As to such persons, 
 the act is compulsory. No recovery can be had against the state by an 
 individual unless given the right by statute. Since the legislature 
 can deprive an injured person of all right against the state to com- 
 pensation, it can compel such person to accept the compensation it 
 chooses to extend. 
 
 (2) "Private Employes." The same reasons which impelled the
 
 657 CALIFORNIA ACT. 263 
 
 legislature to make the act optional with employers apply with 
 equal force to employes. After an acceptance has been filed by the 
 employer, the workman may elect whether he desires to accept com- 
 pensation or retain his common-law right to sue. If the employer 
 has accepted the compensation schedule, then the employe comes un- 
 der its provisions, unless (1) at the time of entering into the em- 
 ployment, the employe gives the written notice required by this sec- 
 tion; or (2), if the contract of hire was made before the date of the 
 employer's acceptance, the employe gives said notice within thirty 
 days. In either case, the dependents of a deceased workman are 
 bound by his election. 
 
 In England and some other jurisdictions, the workman is not com- 
 pelled to make his election until after the happening of the acci- 
 dent, but our legislature felt that it was unfair to the employer to 
 allow a workman to sue at law in ordinary instances, if he thought 
 he could get more by so doing, and apply for compensation when no 
 legal liability existed. Furthermore, if he could elect after the in- 
 jury, it would create dissatisfaction and unnecessary economic waste 
 dissatisfaction in that when two men are similarly injured, one 
 might sue at law and get either $10,000 or nothing, and the other 
 elect compensation and get $1,000; waste in that in every instance 
 the employer would have to procure all the evidence and prepare his 
 defenses in anticipation of a suit, not knowing whether or not an 
 action at law would be brought against him. 
 
 Section 8. Where liability for compensation under 
 this act exists the same shall be as provided in the fol- 
 lowing schedule : 
 
 MEDICAL AND SURGICAL TREATMENT AND SUPPLIES. 
 
 (1) Such medical and surgical treatment, medicines, 
 medical and surgical supplies, crutches and apparatus, 
 as may be reasonably required at the time of the injury 
 and thereafter during the disability, but not exceeding 
 ninety days, to cure and relieve from the effects of the 
 injury, the same to be provided by the employer, and 
 in case of his neglect or refusal seasonably to do so, the 
 employer to be liable for the reasonable expense incurred 
 by or on behalf of the employe in providing the 
 same; provided, however, that the total liability under 
 this subdivision shall not exceed the sum of $100.00. 
 
 Note by board This provision as to medical treatment is made 
 for three reasons: 
 
 42 BOTD w c
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 658 
 
 (1) As a rule, the employer is perhaps more competent to judge 
 the efficiency of the doctor and to provide proper medical and sur- 
 gical treatment than the injured man. 
 
 (2) It is to the interest of the employer to furnish the very 
 best medical and surgical care to minimize the result of the injury, 
 and to secure an early recovery. 
 
 (3) By so doing, he obtains a complete knowledge of the con- 
 dition of the injured employe. 
 
 TIME OF COMPENSATION PAYMENTS. 
 
 (2) If the accident causes disability, an indemnity 
 which shall be payable as wages on the eighth day after 
 the injured employe leaves work as the result of the in- 
 jury, and weekly thereafter, which weekly indemnity 
 shall be as follows : 
 
 PAYMENT IN TOTAL DISABILITY. 
 
 (a) If the accident causes total disability, sixty-five 
 per cent of the average weekly earnings during the 
 period of such total disability; provided, that if the dis- 
 ability is such as not only to render the injured employe 
 entirely incapable of work, but also so helpless as to re- 
 quire the assistance of a nurse, the weekly indemnity 
 during the period of such assistance shall be increased 
 to one hundred per cent of the average weekly earnings. 
 
 PAYMENT IN PARTIAL DISABILITY. 
 
 (b) If the accident causes partial disability, sixty- 
 five per cent of the weekly loss in wages during the 
 period of such partial disability. 
 
 (c) If the disability caused by the accident is at 
 times total and at times partial, the weekly indemnity 
 during the periods of each such total or partial disability 
 shall be in accordance with said subsections (a) and (b) 
 respectively. 
 
 Note by board The object in providing for the payment in weekly 
 installments is to furnish the compensation to the injured person at 
 the same times that the family has been in the habit of receiving 
 support and to insure the payment as needed. A deviation in this 
 rule can be made in the case of death benefits, when the Industrial 
 Accident Board is convinced that it is to the best interests of the par- 
 ties to order that the amount be paid in a lump sum or otherwise.
 
 659 CALIFORNIA ACT. 263 
 
 The scale of compensation as here established divides the burden 
 between the employer and the employe upon a basis of 65 and 35 per 
 cent, of the loss accruing from the injury. Except that where dis- 
 ability is total and the injured employe is so helpless as to require 
 the service of a nurse, it is increased during such period to 100 per 
 cent. 
 
 It is urged that a compensation scheme should shift the entire 
 burden upon the industry. This, however, is open to the following 
 objections : 
 
 (1) To shift this entire burden to the employer before he has 
 the opportunity to provide for it in the cost of production would not 
 be fair to him; 
 
 (2) When the employe must bear a part of the burden there 
 will not be a tendency to malinger. 
 
 One of the chief aims of compensation legislation is to provide 
 something for every injury of more than a temporary character with- 
 out unnecessarily burdening the industry. The maximum may seem 
 insufficient in case of total disability or death, but, as to the em- 
 ployes as a whole, this is more than balanced by the certainty of 
 some compensation for every serious injury. 
 
 (d) Said subsections (a), (b) and (c) shall be sub- 
 ject to the following limitations : 
 
 Aggregate disability indemnity for a single injury 
 shall not exceed three times the average annual earnings 
 of the employe. 
 
 If the period of disability does not last more than 
 one week from the day the employe leaves work as the 
 result of the accident no indemnity whatever shall be 
 recoverable. 
 
 If the period of disability lasts more than one week 
 from the day the employe leaves work as the result of 
 the accident, no indemnity shall be recoverable for the 
 first week of the period of such disability. 
 
 The aggregate disability period shall not, in any 
 event extend beyond fifteen years from the date of the 
 accident. 
 
 Note by board (1) Aggregate liability for a single injury Is 
 limited to three times the average annual wage earnings. At law 
 the recovery is unlimited, so that only by electing compensa- 
 tion can an employer know the maximum amount that he will 
 be called upon to pay to compensate his employes for injuries 
 sustained.
 
 263 .WORKMEN'S COMPENSATION AND INSURANCE. 660 
 
 (2) No indemnity is allowed for the first week's disability. 
 As medical and surgical treatment are furnished in all cases, 
 !t seems fair that in minor accidents not causing disability for 
 more than a week and not inflicting serious hardship, no com- 
 pensation should be allowed. 
 
 (3) The aggregate disability period is limited to fifteen 
 years, even though the total amount paid during that time may 
 not equal three times the annual wage earnings. 
 
 (3) The death of the injured employe shall not affect 
 the obligation of the employer under subsections (1) 
 and (2) of this section, so far as his liability shall have 
 accrued and become payable at the time of the death, 
 but the death shall be deemed the termination of dis- 
 ability, and the employer shall thereupon be liable for 
 the following death benefits in lieu of any further dis- 
 ability benefits, provided that such death was approxi- 
 mately caused by the accident causing such disability: 
 
 Ifote by board The purpose of compensation legislation is to 
 provide compensation for the injured employe and for his de- 
 pendents when his death results from accident. The theory be- 
 ing that if death results from any other cause, the industry is 
 under no obligation to care for his dependents. The fact that 
 the employe was receiving compensation at the time of his death 
 does not give his dependents any additional right. 
 
 Where the accident does not cause immediate death, but is 
 the proximate cause thereof within a period of fifteen years there- 
 after, the death benefits provided in this section are to be paid in 
 lieu of all other liabilities. The liability of the employer can not, in 
 any event, be greater than three times the annual wage earnings, 
 and in case of death from this amount is to be deducted any pay- 
 ment previously made to the injured person as compensation. 
 
 (a) In case the deceased employe leaves a person or 
 persons wholly dependent upon him for support, the 
 death benefit shall be a sum sufficient when added to the 
 benefits which shall, at the time of death, have accrued 
 and become payable under the provisions of subsection 
 (2) of this section to make the total compensation for 
 the injury and death (exclusive of the benefit provided 
 for in subsection (1), equal to three times his annual 
 average earnings, not less than $1,000 nor more than
 
 66 1 CALIFORNIA ACT. 263 
 
 $5,000, the same to be payable, unless and until the in- 
 dustrial accident board shall otherwise direct, in weekly 
 installments corresponding in amount to the weekly 
 earnings of the employe. 
 
 ITote by board The maximum limit is the same as for compen- 
 sation. Where the accident does not immediately result in death, 
 but was the proximate cause of death, the limit is the same; that 
 is, the total amount paid as weekly indemnity and the death benefit 
 together shall not exceed three times the annual earnings. Death 
 benefits may be ordered paid in weekly installments, such as the 
 dependents were accustomed to receive or in such other manner as 
 may, in the discretion of the board, seem most beneficial to the de- 
 pendents. 
 
 PERSONS PARTIALLY DEPENDENT. 
 
 (b) In case the deceased employe leaves no one 
 wholly dependent on him for support, but one or more 
 persons partially dependent therefor, the death benefit 
 shall be such percentage of three times such average 
 annual earnings of the employe as the annual amount 
 devoted by the deceased to the support of the person or 
 persons so partially dependent upon him for support 
 bears to such average earnings, the same to be payable, 
 unless and until the industrial accident board shall other- 
 wise direct, in weekly installments corresponding to the 
 weekly earnings of the employe; provided, that the total 
 compensation for the injury and death (exclusive of the 
 benefit provided for in said subsection (1) shall not ex- 
 ceed three times such average annual earnings). 
 
 3fote by board When the deceased leaves no person wholly de- 
 pendent, the death benefit is to be apportioned among those partially 
 dependent in proportion to the aid or contribution made by the de- 
 ceased to their support. In an action at law, the heirs would be 
 entitled to full damages. 
 
 (c) In the event that the accident shall have approxi- 
 mately caused permanent disability, either total or par- 
 tial, and the employe shall die within fifteen years after 
 the date of the accident, liability for the death benefits 
 provided for in said subsections (a) and (b) respectively
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 662 
 
 shall exist only where the accident was the approximate 
 cause of death within said period of fifteen years. 
 
 (d) If the deceased employe leaves no person de- 
 pendent upon him for support, and the accident approxi- 
 mately causes death, the death benefit shall consist of 
 the reasonable expenses of his burial not exceeding 
 $100. 
 
 Note by board If death does not result within fifteen years the 
 employer is not liable for any death benefit. 
 
 Section 9. (1) The weekly earning referred to in 
 section (8) shall be one fifty-second of the average an- 
 nual earnings of the employe; average annual earnings 
 shall not be taken at less than $333.33, nor more than 
 $1,666.66, and between said limits shall be arrived at as 
 follows : 
 
 (a) If the injured employe has worked in such em- 
 ployment, whether for the same employer or not, during 
 substantially the whole of the year immediately preced- 
 ing his injury, his average annual earnings shall consist 
 of three hundred times the average daily wage or salary 
 which he has earned as such employe during the days 
 when so employed. 
 
 (b) If the injured employe has not so worked in such 
 employment during substantially the whole of such im- 
 mediately preceding year, his "average annual earnings 
 shall consist of three hundred times the average daily 
 wage or salary which an employe of the same class work- 
 ing substantially the whole of such immediately preced- 
 ing year in the same or a similar employment in the 
 same or a neighboring place shall have earned during 
 the days when so employed. 
 
 (c) In cases where the foregoing methods of arriv- 
 ing at the average annual earnings of the injured em- 
 ploye can not reasonably and fairly be applied, such an- 
 nual earnings shall be taken at such sum as having re- 
 gard to the previous earnings of the injured employe,
 
 663 CALIFORNIA ACT. 263 
 
 and of other employes of the same or most similar class, 
 working in the same or most similar employment in the 
 same or neighboring locality, shall reasonably represent 
 the average earning capacity of the injured employe at 
 the time of the injury in the employment in which he 
 was working at such time. 
 
 (d) The fact that an employe has suffered a prev- 
 ious disability, or received compensation therefor, shall 
 not preclude him from compensation for a later injury, 
 or for death resulting therefrom, but in determining 
 compensation for the later injury, or death resulting 
 therefrom, his average annual earnings shall be such 
 sum as will reasonably represent his annual earning ca- 
 pacity at the time of the later injury, and shall be ar- 
 rived at according to the previous provisions of this sec- 
 tion. 
 
 (2) The weekly loss in wages referred to in section 
 8, shall consist of the difference between the average 
 weekly earnings of the injured employe, computed ac- 
 cording to the provisions of this section, and the weekly 
 amount which the injured employe, in the exercise of 
 reasonable diligence, will probably be able to earn, the 
 same to be fixed as of the time of the accident, but to be 
 determined in view of the nature and extent of the in- 
 jury. 
 
 Note by board The foregoing sections provide the manner in 
 which the wage earning shall be ascertained and compensation com- 
 puted. Under ordinary circumstances there will be no dispute as to 
 the wage paid. The compensation is to be computed with regard to 
 the employe's earning power at the time of the accident. 
 
 (3) The following shall be conclusively presumed 
 to be solely and wholly dependent for support upon a 
 deceased employe: 
 
 (a) A wife upon a husband. 
 
 (b) A husband upon a wife upon whose earnings 
 he is partially or wholly dependent at the time of her 
 death.
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 664 
 
 (c) A child or children under the age of eighteen 
 years (or over said age, but physically or mentally in- 
 capacitated from earning), upon the parent with whom 
 he or they are living at the time of the death of such 
 parent, there being no surviving dependent parent. In 
 case there is more than one child thus dependent, the 
 death benefit shall be divided equally among them. In 
 all other cases questions of entire or partial dependency 
 shall be determined in accordance with the fact, as the 
 fact may be at the time of the death of the employe, and 
 in such other cases if there is more than one person 
 wholly dependent, the death benefit shall be divided 
 equally among them and persons partially dependent, if 
 any, shall receive no part thereof, and if there is more 
 than one person partially dependent, the death benefit 
 shall be divided among them according to the relative 
 extent of their dependency. 
 
 (4) Questions as to who constitute dependents and 
 the extent of their dependency shall be determined as 
 of the date of the death of the employe, and their right 
 to any death benefit shall become fixed as of such time, 
 irrespective of any subsequent change in conditions, 
 and the death benefit shall be directly recoverable by 
 and payable to the dependent or dependents entitled 
 thereto or their legal guardians or trustees. 
 
 Note by board Certain persons above mentioned are conclusively 
 presumed to be dependents. All other questions of dependency are 
 to be determined as other questions of fact. In determining the 
 question of dependency, the status is fixed as of the date of the death, 
 not as of the date of the accident. 
 
 Section 10. No claim to recover compensation un- 
 der this act shall be maintained unless within thirty days 
 after the occurrence of the accident which is claimed to 
 have caused the injury or death, notice in writing, stat- 
 ing the name and the address of the person injured, the 
 time and the place where the accident occurred, and 
 the nature of the injury, and signed by the person in-
 
 665 CALIFORNIA ACT. 263 
 
 jured or some one in his behalf, or in case of his death, 
 by a dependent or some one in his behalf, shall be served 
 upon the employer by delivering to and leaving with 
 him a copy of such notice or by mailing to him by regis- 
 tered mail a copy thereof in a sealed and posted en- 
 velope addressed to him at his last known place of busi- 
 ness or residence. Such mailing shall constitute com- 
 plete service. Provided, however, that any payment of 
 compensation under this act, in whole or in part, made 
 by the employer before the expiration of said thirty days 
 shall be equivalent to the notice herein required, and 
 provided further, that the failure to give any such. notice, 
 or any defect or inaccuracy therein, shall not be a bar 
 to recovery under this act if it is found as a fact in the 
 proceedings for collections of the claim that there was 
 no intention to mislead the employer, and that he was 
 not in fact misled thereby, and provided further that if 
 no such notice is given and no payment of compensation 
 made, within one year from the date of the accident, the 
 right to compensation therefor shall be wholly barred. 
 
 Note by board Notice of the injury must be in writing, and it 
 must contain name and address of the person injured, time and 
 place of the accident, and nature of the injury. It must be signed 
 by the injured person, a dependent or some one in his behalf, and 
 must be served "personally" upon the employer or sent to his last 
 known address by registered mail, WITHIN THIRTY DAYS AFTER 
 THE ACCIDENT. 
 
 Section 11. Wherever in case of injury the right 
 to compensation under this act would exist in favor of 
 any employe, he shall, upon the written request of his 
 employer, submit from time to time to examination by 
 a regular practicing physician, who shall be provided 
 and paid for by the employer, and shall likewise submit 
 to examination from time to time by any regular physi- 
 cian selected by said industrial accident board, or any 
 member or examiner thereof. The employe shall be en- 
 titled to have a physician provided and paid for by him- 
 self present at any such examination. So long as the
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 666 
 
 employe, after such written request of the employer, 
 shall refuse to submit to such examination, or shall in 
 any way obstruct the same, his right to begin or main- 
 tain any proceeding for the collection of compensation 
 shall be suspended, and if he shall refuse to submit to 
 such examination after direction by the board, or any 
 member or examiner thereof, or shall in any way ob- 
 struct the same, his right to the weekly indemnity which 
 shall accrue and become payable during the period of 
 such refusal or obstruction, shall be barred. Any physi- 
 cian who shall make or be present at any such examina- 
 tion may be required to testify as to the results thereof. 
 
 Note by board The employe must permit physicians sent by the 
 employer or by the Industrial Accident Board to examine him at 
 any time after the accident. He may have his own physician there 
 also, if he wishes. If he refuses to submit to such examination, his 
 right to compensation shall be suspended or barred. The physician 
 of the employer and of the employe may be required to testify as to 
 the result of such examination. 
 
 Section 12. Any dispute or controversy concerning 
 compensation under this act, including any in which the 
 state may be a party, shall be submitted to a board con- 
 sisting of three members, which shall be known as the 
 industrial accident board. Within thirty days before 
 this act shall take effect, the governor, by and with the 
 advice and consent of the senate, shall appoint a mem- 
 ber who shall serve two years, and another who shall 
 serve three years, and another who shall serve four 
 years. Thereafter such three members shall be ap- 
 pointed and confirmed for terms of four years each. 
 Vacancies shall be filled in the same manner for the un- 
 expired term. Each member of the board, before en- 
 tering upon the duties of his office, shall take the oath 
 prescribed by the constitution. A majority of the board 
 shall constitute a quorum for the exercise of any of the 
 powers or authority conferred by this act, and an award 
 by a majority shall be valid. In case of a vacancy, the 
 remaining two members of the board shall exercise all
 
 667 CALIFORNIA ACT. 263 
 
 the powers and authority of the board until such va- 
 cancy is filled. Each member of the board shall receive 
 an annual salary of three thousand six hundred dollars. 
 
 Note by board It is expected that the employer and the em- 
 ploye will attempt to settle their differences without recourse to the 
 board, since the amount of compensation to be paid is fixed by 
 the act, that in a large majority of cases such settlements will be 
 effected. 
 
 If this fails, then the board will hold a hearing, and from the 
 evidence produced relative to the facts connected with the accident, 
 injury or wages, determine upon such award as seems just. It is the 
 purpose of the board to afford quick relief at a minimum of expense 
 to the litigants, and, therefore, the hearing will be had at the place 
 of the accident or such other place as may be convenient for the 
 parties. 
 
 One of the chief advantages in creating the board to administer 
 the act is that by so doing uniformity of ruling is assured, which 
 would not be the case were the act administered by individuals in 
 various localities. 
 
 Section 13. The board shall organize by choosing 
 one of its members as chairman. Subject to the provi- 
 sions of this act, it may adopt its own rules of procedure 
 and may change the same from time to time in its dis- 
 cretion. The board, when it shall deem it necessary to 
 expedite its business, may from time to time employ 
 one or more expert examiners for such length of time as 
 may be required. It may also appoint a secretary and 
 such clerical help as it may deem necessary. It shall fix 
 the compensation of all assistants so appointed. 
 
 Note by board The Industrial Accident Board organized by elect- 
 Ing A. J. Pillsbury chairman, and appointing Aaron L. Sapiro, of 
 San Francisco, secretary. 
 
 Whenever required to expedite matters, the board will appoint an 
 examiner, with power to make a preliminary investigation, and to 
 take such testimony as may be obtained. The rules adopted by the 
 board immediately follow the annotations to the act. 
 
 OFFICE OF THE BOARD AND TRAVELING EXPENSES. 
 
 Section 14. The board shall keep its office at the 
 city of San Francisco, and shall be provided by the sec- 
 retary of state with a suitable room or rooms, necessary
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 668 
 
 office furniture, stationery, and other supplies. The 
 member of the board and its assistants, shall be entitled 
 to receive from the state their actual and necessary ex- 
 penses while traveling on the business of the board, but 
 such expenses shall be sworn to by the person who in- 
 curred the same, and be approved by the chairman of 
 the board, before payment is made. All salaries and ex- 
 penses authorized by this act shall be audited and paid 
 out of the general funds of the state the same as other 
 general state expenses are audited and paid. 
 
 Note by board The office of the board is located in Room 907, 
 Royal Insurance building, Pine and Sansome streets, San Francisco. 
 
 Section 15. Upon the filing with the board by any 
 party in interest of an application in writing stating the 
 general nature of any dispute or controversy concerning 
 compensation under this act, it shall fix a time for the 
 hearing thereof, which shall not be more than forty days 
 after the filing of such application. The board shall 
 cause notice of such hearing to be given to each party 
 interested by service of such notice on him personally 
 or by mailing a copy thereof to him at his last known 
 postoffice address at least ten days before such hearing. 
 Such hearing may be adjourned from time to time in 
 the discretion of the board, and hearings shall be held 
 at such places as the board shall designate. Either party 
 shall have the right to be present at any hearing, in per- 
 son or by attorney or any other agent, and to present 
 such testimony as shall be pertinent to the controversy 
 before the board, but the board may, with or without 
 notice to either party, cause testimony to be taken, or 
 inspection of the premises where the injury occurred to 
 be had, or the time books and pay roll of the employer 
 to be examined by any member of the board or any 
 examiner appointed by it, and may from time to time, 
 direct any employe claiming compensation to be ex- 
 amined by a regular physician; the testimony so taken
 
 669 CALIFORNIA ACT. 263 
 
 and the results of any such inspection or examination, 
 to be reported to the board for its consideration upon 
 final hearing. The board, or any member thereof, or 
 any examiner appointed thereby shall have power and 
 authority to issue subpoenas to compel the attendance 
 of witnesses or parties, and the production of books, 
 papers, or records, and to administer oaths. Obedience 
 to such subpoenas shall be enforced by the superior 
 court of any county, or city and county. 
 
 Note by board This section relates to the procedure to be fol- 
 lowed by the Industrial Accident Board, in determining controversies 
 submitted to it. 
 
 The pleadings required will be simple, and only for the purpose 
 of enabling each party and the board to understand the exact na- 
 ture of the dispute in controversy. 
 
 Section 16. After final hearing by said board, it 
 shall make and file (1) its findings upon all facts in- 
 volved in the controversy, and (2) its award, which 
 shall state its determination as to the rights of the 
 party. 
 
 Section 17. Either party may present a certified 
 copy of the award to the superior court for any county 
 or city and county, whereupon said court shall, without 
 notice, render a judgment in accordance therewith, 
 which judgment, until and unless set aside as herein- 
 after provided, shall have the same effect as though duly 
 rendered in an action duly tried and determined by 
 said court, and shall, with the like effect, be entered and 
 docketed. 
 
 Section 18. The findings of fact made by the board 
 acting within its powers, shall, in the absence of fraud, 
 be conclusive, and the award, whether judgment has 
 been rendered thereon or not, shall be subject to review 
 only in the manner and upon the grounds following: 
 within thirty days from the date of the award, any party 
 aggrieved thereby may file with the board an applica- 
 tion in writing for a review of such award, stating gen-
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 670 
 
 erally the grounds upon which such review is sought ; 
 within thirty days thereafter the board shall cause all 
 documents and papers on file in the matter, and a tran- 
 script of all testimony which may have been taken there- 
 in, to be transmitted with their findings and award to 
 the clerk of the superior court of that county or city and 
 county wherein the accident occurred ; such application 
 for a review may thereupon be brought on for hearing 
 before said court upon such record by either party on 
 ten days' notice to the other, subject, however, to the 
 provisions of law for a change of the place of trial or 
 the calling of another judge. Upon such hearing the 
 court may confirm or set aside such award, and any 
 judgment which may theretofore have been rendered 
 thereon, but the same shall be set aside only upon the 
 following grounds: 
 
 (1) That the board acted without or in excess of 
 its powers. 
 
 (2) That the award was procured by fraud. 
 
 (3) That the findings of fact by the board do not 
 support the award. 
 
 Note by board When an appeal Is desired, it must be taken with- 
 in thirty days from the date of the award. The review does not 
 allow a trial by the Superior Court of the case presented to the In- 
 dustrial Accident Board. The facts found by the board are con- 
 clusive, and the court in its review can only apply the law to the 
 facts as found by the board, and can not set aside the award ex- 
 cept upon the grounds stated in this section. The board will defend 
 its findings and awards upon such review. 
 
 Section 19. Upon the setting aside of any award the 
 court may recommit the controversy and remand the 
 record in the case to the board for further hearing or 
 proceedings, or it may enter the proper judgment upon 
 the findings, as the nature of the case shall demand. An 
 abstract of the judgment entered by the trial court upon 
 the review of any award shall be made by the clerk there- 
 of upon the docket entry of any judgment which may 
 theretofore have been rendered upon such award, and
 
 CALIFORNIA ACT. 263 
 
 transcripts of such abstract may thereupon be obtained 
 for like entry upon the dockets of the courts of other 
 counties, or city and county. 
 
 Section 20. Any party aggrieved by a judgment en- 
 tered upon the review of any award, may appeal there- 
 from within the time and in the manner provided for 
 an appeal from the orders of the superior court ; but all 
 such appeals shall be placed on the calendar of the Su- 
 preme court and brought to a hearing in the same man- 
 ner as criminal causes on such calendar. 
 
 Note by board Any party may appeal from the judgment of the 
 Superior Court sustaining or modifying the award, and such ap- 
 peal goes directly to the Supreme Court of the state and is placed at 
 the head of the calendar. This preference saves many months of 
 delay and insures a speedy settlement of the controversy. 
 
 Section 21. No fees shall be charged by the clerk 
 of any court for the performance of any official service 
 required by this act, except for the docketing of judg- 
 ments and for certified copies of transcripts thereof. In 
 proceedings to review an award, costs as between the 
 parties shall be allowed or not in the discretion of the 
 court. 
 
 Note by board It is expected that the compensation provisions 
 of the act will be administered practically without cost to the liti- 
 gants. 
 
 Section 22. No claim for compensation under this 
 act shall be assignable before payment, but this provi- 
 sion shall not affect the survival thereof; nor shall any 
 claim for compensation, or compensation awarded, ad- 
 judged or paid, be subject to be taken for the debts of 
 the party entitled thereto. 
 
 Note by board If the claim were assignable, the employ^ might 
 be tempted to sell it for an inadequate sum of ready cash, thus de- 
 feating one of the purposes of compensation legislation. 
 
 The claim for the compensation that has accrued at the time of 
 death of the injured employe survives, and his estate may collect 
 this amount just as it may collect other debts due at the time of his 
 death. The right of survival is in addition to the death benefits 
 allowed the dependents.
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 672 
 
 Section 23. A claim for compensation for the in- 
 jury or death of any employe, or any award or judg- 
 ment entered thereon, shall be entitled to a preference 
 over the other debts of the employer if and to the same 
 extent as the wages of such employe shall be so pre- 
 ferred; but this section shall not impair the lien of any 
 judgment entered upon any award. 
 
 Note by board Claims to, or awards for, compensation have a 
 preference over other debts of an employer to the same extent that 
 claims for wages have, but this preference can not impair the lien of 
 any judgment entered upon a previous award of compensation for 
 injury. 
 
 Section 24. Nothing in this act shall affect the or- 
 ganization of any mutual or other insurance company, 
 or any existing contract for insurance or employers' lia- 
 bility, nor the right of the employer to insure in mutual 
 or other companies, in whole or in part, against such lia- 
 bility, or against the liability for the compensation pro- 
 vided for by this act, or to provide by mutual or other 
 insurance, or by arrangement with his employes, or 
 otherwise, for the payment to such employes, their fam- 
 ilies, dependents, or representatives, of sick, accident or 
 death benefits, in addition to the compensation pro- 
 vided for by this act. But liability for compensation un- 
 der this act shall not be reduced or affected by any in- 
 surance, contributions, or other benefit whatsoever due 
 to or received by the person entitled to such compen- 
 sation, and the person so entitled shall, irrespective of 
 any insurance or other contract, have the right to re- 
 cover the sarne directly from the employer, and in ad- 
 dition thereto, the right to enforce in his own name, in 
 the manner provided in this act, the liability of any in- 
 surance company, which may, in whole or in part, have 
 insured the liability for such compensation; provided, 
 however, that payment in whole or in part of such com- 
 pensation by either the employer or the insurance com- 
 pany, shall, to the extent thereof, be a bar to recovery
 
 673 CALIFORNIA ACT. 263 
 
 against the other cf the amount so paid, and provided 
 further, that as between the employer and the insur- 
 ance company, payment by either directly to the em- 
 ploye, or to the person entitled to compensation shall 
 be subject to the conditions of the insurance contract 
 between them. 
 
 Note by board The employer is primarily liable to the injured 
 employe for the compensation provided by this act, regardless of any 
 arrangement that the employer may make with a third person to 
 carry this risk. The legislature, recognizing the necessity for an 
 individual to guard against this risk, does not take away any right 
 that he heretofore had to insure against this risk in mutual or other 
 companies. 
 
 This section does not, however, authorize the formation of any 
 insurance companies not already authorized by law. 
 
 Under this section, the employe is, in effect, made a party to the 
 contract of insurance, and may enforce, in his own name, the liability 
 of any insurance company which has insured against the compensa- 
 tion risk. Under the rules of the Industrial Accident Board, the 
 employe may join the employer and insurance company in his ap- 
 plication for relief. 
 
 The law recognizes the great benefits to employes of sick, acci- 
 dent, and death benefit societies, voluntarily put into operation by 
 many large employers, and does not attempt to interfere with them. 
 
 The employe may, if he so desires, take out insurance at his own 
 expense in his own name, and, in any such event, the benefit paid 
 does not affect the right to compensation or diminish the amount 
 thereof. To diminish the compensation in such instances would be 
 just as unfair as it would be to increase the compensation when the 
 employer is insured. 
 
 Section 25. Every contract for the insurance of the 
 compensation herein provided for, or against liability 
 therefor, shall be deemed to be made subject to the pro- 
 visions of this act, and provisions thereof inconsistent 
 with this act shall be void. No company shall enter into 
 any such contract of insurance unless such company 
 shall have been approved by the commissioner of insur- 
 ance, as provided by law. 
 
 Note by board Under this section any contract of insurance 
 against compensation is made subject to all the provisions of this 
 act, including the rights and liabilities of the insurance company 
 created under the preceding section. 
 43 BOTD w c
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 674 
 
 Before any company can enter Into a contract of insurance against 
 the compensation risk, it must first be approved by the Insurance 
 Commissioner, as provided by law. The purpose of this provision 
 is to guard against the formation of companies not strong enough 
 financially to carry the risk. 
 
 Section 26. The making of a lawful claim against 
 an employer for compensation under this act for the 
 injury or death of his employe shall operate as an as- 
 signment of any assignable cause of action in tort which 
 the employe or his personal representative may have 
 against any other party for such injury or death, and 
 such employer may enforce in his own name the liability 
 of such other party. 
 
 Note by board Where the injury is caused by the negligence or 
 wrongdoing of a third person, the injured workman has his choice of 
 one of two remedies. 
 
 (1) He may proceed at law and maintain an action in tort to 
 recover damages from the person whose fault is responsible for the 
 accident, or 
 
 (2) He may elect the compensation provided by this act. In the 
 event the injured employe elects compensation, the employer, who 
 must pay the compensation, succeeds to the rights of the injured 
 employe and may maintain an action at law in his own name to re- 
 cover damages from the person directly responsible for the injury. 
 
 Section 27. The board shall cause to be printed and 
 furnished free of charge to any employer or employe 
 such blank forms as it shall deem requisite to facilitate 
 or promote the efficient administration of this act ; it 
 shall provide a proper record book in which shall be 
 entered and indexed the name of every employer who 
 shall file a statement of election under this act, and the 
 date of the filing thereof, and a separate book in which 
 shall be entered and indexed the name of every em- 
 ployer who shall file his withdrawal of such election, 
 and the date of the filing thereof; and a book in which 
 shall be recorded all awards made by the board; and 
 such other books or records as it shall deem required by 
 the proper and efficient administration of this act; all 
 such records to be kept in the office of the board. Upon
 
 6/5 CALIFORNIA ACT. 263 
 
 the filing of a statement of election by an employer to 
 become subject to the provisions of this act, the board 
 shall forthwith cause notice of the fact to be given to 
 his employes, by posting and keeping continuously post- 
 ed in a public and conspicuous place such notice thereof 
 in the office, shop, or place of business of the employer, 
 or by publishing, or in such other manner as the board 
 shall deem most effective, and the board shall cause no- 
 tice to be given in like manner of the filing of any with- 
 drawal of such election; but notwithstanding the failure 
 to give, or the insufficiency of, any such notice, knowl- 
 edge of all filed statements of election and withdrawals 
 of election, and of the time of the filing of the same, 
 shall conclusively be imputed to all employes. 
 
 Note by board The Industrial Accident Board will provide all 
 notices and forms and will furnish any information as to the act 
 upon request. By their rules, appended hereto, the board calls at- 
 tention to the formal requirements under the law. In order to fa- 
 cilitate and promote the efficient administration of the act, it is 
 essential that the forms adopted by the board should be used when- 
 ever applicable. 
 
 Notices must be posted as indicated, but knowledge of withdrawal 
 and election is imputed to employes, even should the notices not be 
 posted and kept posted as directed. 
 
 Section 28. Nothing in this act contained shall be 
 construed as impairing the right of parties interested, 
 after the injury or death of an employe, to compromise 
 and settle upon such terms as they may agree upon, any 
 liability which may be claimed to exist under this act 
 on account of such injury or death, nor as conferring 
 upon the dependents of any injured employe any inter- 
 est which he may not divert by such settlement or for 
 which he or his estate shall, in the event of such settle- 
 ment by him, be accountable to such dependents or any 
 of them. 
 
 Note by board Compromises and settlements between parties in 
 Interest, the employer and the injured employe or dependents, are 
 permitted after the injury or death of an employe. 
 
 Section 29. The sum of fifty thousand dollars is
 
 263 WORKMEN'S COMPENSATION AND INSURANCE. 676 
 
 hereby appropriated out of any moneys in the state 
 treasury, not otherwise appropriated, to be used by the 
 industrial accident board in carrying out the purposes 
 of this act, and the controller is hereby directed to draw 
 his warrant on the general fund from time to time in 
 favor of said industrial accident board for the amounts 
 expended under its direction, and the treasurer is here- 
 by authorized and directed to pay the same. 
 
 Section 30. All acts or parts of acts inconsistent 
 with this act are hereby repealed. 
 
 264. Reports of industrial accidents. 
 
 Section 1. Every employer of labor in this state 
 shall keep a full, true and correct record of every per- 
 sonal injury suffered by his or its employes, arising out 
 of or in the course of the employment, and resulting in 
 death, or in disability extending over a period of a week 
 or more. Within fifteen days after the happening of any 
 such personal injury, a written report thereof shall be 
 mailed by the employer to the industrial accident board 
 informally or on blanks to be provided by said board 
 for this purpose. The said report shall contain the name 
 of the employer, location of place of employment, nature 
 of employment, name, address, age, nationality, sex and 
 occupation of the injured person, length of time the in- 
 jured person had worked at the particular employment 
 previous to injury, date and hour of the day or night of 
 the accident, the hour at which the injured employe be- 
 gan work on the date of the accident, nature of the in- 
 jury, cause of the injury and rate of wages of the injured 
 employe. 
 
 Sec. 2. Upon the termination of the disability of the 
 injured employe or at the expiration of sixty days from 
 the date of the accident, if the disability should extend 
 beyond such period, the employer shall mail to the in- 
 dustrial accident board a supplemental report in relation 
 to such disability, informally or on blanks to be provided 
 by said board for this purpose. Such report must con-
 
 677 CALIFORNIA ACT. 264 
 
 tain complete statements as to any claim made by the 
 injured employe for indemnification for the injury sus- 
 tained, payment made to him or in his behalf for medical, 
 surgical or other care, claim for compensation or dam- 
 ages made for such injuries and any compromise or set- 
 tlement of claim for compensation or damages entered 
 into between the employer and such injured employe, 
 his heirs, dependents or legal representative. In the 
 event that any payment shall be made to such injured 
 employe, or his dependents at any time thereafter, in 
 compromise or settlement of a claim for compensation 
 or damages, the amount of such payment shall be forth- 
 with reported by the employer to the industrial accident 
 board. 
 
 Sec. 3. Every physician who attends any such in- 
 jured employe shall keep a record of his case. Within 
 ten days from the date of his first attendance upon the 
 injured employe, he shall mail to the industrial accident 
 board a report, informally or on blanks o be provided 
 by the said board for this purpose. The said report 
 shall contain the name and address of the employer, 
 name, address, sex and age of the injured employe, date 
 of accident, description of the injury, probable nature 
 and extent of disability. Upon the termination of the 
 disability of the injured employe or the termination of 
 said physician's attendance upon his case, he shall forth- 
 with mail to the industrial accident board a supplemental 
 report in relation to such case describing the physical 
 condition of the injured employe, his disability, convales- 
 cence or discharge from the doctor's care. 
 
 Sec. 4. Every person, firm, association or corpora- 
 tion insuring against the liability of employers for dam- 
 ages or compensation for personal injury to employes 
 or indemnifying any employer for, or on account of any 
 such liability shall keep a record thereof, and shall with- 
 in the first five days of each and every month, report in 
 writing to the industrial accident board, informally or on
 
 264 WORKMEN'S COMPENSATION AND INSURANCE. 678 
 
 blanks to be provided by said board for this purpose, 
 every such injury to employes reported to it, 
 every claim for damages or compensation for such injury 
 filed with such person, firm, association or corporation 
 and any settlement or compromise of any such claim 
 for damages or compensation whether made with such 
 injured employe, his heirs, dependents or legal repre- 
 sentative. 
 
 Sec. 5. Every employer, physician or insurance 
 company, firm or association, shall furnish to the indus- 
 trial accident board all further information required by 
 it in order to constitute a substantially complete and ac- 
 curate history of each injury and the damages or com- 
 pensation paid therefor. 
 
 Sec. 6. The record required to be kept in pur- 
 suance of the provisions of this act shall at all times be 
 open to inspection of the industrial accident board or 
 any member thereof, or any examiner appointed thereby. 
 Any statement contained in such report shall not be ad- 
 missible as evidence in any action arising out of the 
 death or injury of any employe by reason of the accident 
 reported. 
 
 Sec. 7. It shall be unlawful for any person, firm, 
 corporation, agent or officer of a firm or corporation to 
 fail, neglect or refuse to comply with any of the provis- 
 ions of this act. Any person, firm, corporation, agent or 
 officer of a firm or corporation that violates or omits to 
 comply with any of the provisions of this act, shall be 
 guilty of a misdemeanor for each and every offense and 
 shall be, upon conviction thereof, punishable by fine of 
 not less than ten dollars or more than one hundred dol- 
 lars or by imprisonment for not more than thirty days, 
 or by both such fine and imprisonment. 
 
 Sec. 8. Nothing in this act shall apply to employers 
 of labor engaged in farming, dairying, agricultural or 
 horticultural pursuits, in poultry raising or domestic 
 service.
 
 679 CALIFORNIA ACT. 265 
 
 265. Rules of practice of the industrial accident 
 board of California. 
 
 The following rules shall go into immediate effect 
 under the provisions of Chapter 399, Laws 1911, and 
 shall govern in any matter or proceeding relating to the 
 administration of said act by the industrial accident 
 board : 
 
 RULE I PRELIMINARY. 
 
 Chapter 399, Laws 1911, may be cited as the "Em- 
 ployers' Liability Act," and these rules as the "Indus- 
 trial Accident Board Rules." All words and phrases 
 used in these rules shall have the same meaning as is 
 given to the same words and phrases in sections 3 to 31 
 of the "Employers' Liability Act." 1 
 
 RULE II OFFICE OF INDUSTRIAL ACCIDENT BOARD. 
 
 The office of the Industrial Accident Board is hereby 
 established at Room 907, Royal Insurance Building, 
 Pine and Sansome streets, San Francisco. Such office 
 shall be open during such hours as are fixed by law for 
 the transaction of public business. The board may from 
 time to time hold public session in such other places in 
 the state as convenience may require. 
 
 RULE III POSTING OF NOTICES. 
 
 Employers shall immediately post, and keep posted, 
 all notices required to be posted by the Industrial Acci- 
 dent Board, in conspicuous places in their offices and 
 works where such notices are most likely to be seen and 
 read by their employes. 
 
 RULE IV REPORTS. 
 
 Employers and physicians attending injured em- 
 ployes shall, within ten days after the happening of an 
 accident causing a loss of industrial time lasting more 
 than one week, make a full report thereof to the Indus- 
 trial Accident Board. In any case where a compromise 
 of liability for accident is made directly by the employer 
 i See 263.
 
 265 WORKMEN'S COMPENSATION AND INSURANCE. 680 
 
 and employes, a full report of such compromise shall be 
 immediately made by the employer to the Industrial Ac- 
 cident Board. 
 
 RULE V PARTIES TO PROCEEDINGS. 
 
 When a controversy arises concerning any matter 
 over which the Industrial Accident Board has jurisdic- 
 tion, any party to the controversy may apply to the board 
 for relief. The party making such application shall be 
 known as the "applicant." All other persons necessary 
 to enable the board effectively and completely to adjudi- 
 cate upon and settle all questions involved shall be made 
 parties to the application and shall be known as the 
 "defendants." 
 
 An application on behalf of the dependents of a de- 
 ceased workman for the settlement of a controversy 
 may be made by the legal personal representatives (if 
 any) of the deceased workman on behalf of such de- 
 pendents or by the dependents themselves. All such 
 dependents shall be joined in the application either as 
 applicants or defendants. 
 
 An application for the settlement of a controversy 
 respecting medical attendance or the burial expense of 
 a workman who leaves no dependents shall be made by 
 the legal representatives (if any) of the deceased work- 
 man. If there are no such personal representatives, the 
 application may be made by any creditor to whom any 
 such expenses are due, and all other such creditors 
 known to the applicant must be joined as respondents. 
 If the amount awarded is not sufficient for the payment 
 of such expenses in full, it shall be divided in proportion 
 to the respective amounts found to be due. 
 
 RULE VI JOINDER OF PARTIES. 
 
 All persons may be joined as applicants in whom 
 any right to any relief in respect of or arising out of the 
 same transaction or series of transactions is alleged to 
 exist.
 
 68 1 CALIFORNIA ACT. 265 
 
 All persons may be joined as defendants against 
 whom the right to any relief is alleged to exist, whether 
 jointly, severally, or in the alternative, and the board 
 will of its own motion order that any additional party 
 or parties be joined, when it deems their presence nec- 
 essary. 
 
 RULE VII PLEADINGS. 
 
 (1) Application. The applicant shall file a written 
 application for relief with the Industrial Accident Board, 
 containing the names of all parties, a general statement 
 of the claim in controversy, the facts relating thereto 
 and of the relief sought to be obtained. The board will 
 thereupon fix a time and place for the hearing thereof, 
 which shall not be more than forty (40) days after such 
 filing and will serve a copy of such application, together 
 with the notice of hearing, upon each adverse party. 
 Either party shall have the right to be present at any 
 hearing, in person or by attorney or any other agent, 
 and present such testimony as shall be pertinent to the 
 controversy. 
 
 (2) Answer. When any defendant desires to dis- 
 claim any interest in the subject-matter of the claim in 
 controversy, or considers that the application is in any 
 respect inaccurate or incomplete or desires to bring any 
 fact, paper or document to the attention of the board as 
 a defense to the claim or otherwise, he must, within ten 
 days after the service of the application, file with or mail 
 to the board his answer, setting forth the particulars in 
 which the application is inaccurate or incomplete and 
 the facts upon which he intends to rely. A copy thereof 
 .must likewise be served upon each party to the pro- 
 ceedings. Any material allegation contained in the ap- 
 plication and not controverted in the answer will be 
 deemed to be admitted. 
 
 RULE VIII SERVICE OF PLEADINGS. 
 
 Any pleading or document may be served either by 
 delivering to and leaving with the person to be served, a
 
 265 WORKMEN'S COMPENSATION AND INSURANCE. 682 
 
 copy thereof, or by mailing to such person, by United 
 States registered mail a copy theieof in a sealed enve- 
 lope, with the postage thereon fully prepaid, addressed 
 to such person at his last known place of business or 
 residence. 
 
 Where a pleading or document is served by mail, it 
 shall, unless the contrary be proved, be deemed to have 
 been served, at the time when the letter containing the 
 same would have been delivered in the ordinary course 
 of post. Proof of such mailing shall be prima facie 
 proof of service. 
 
 RULE IX AWARDS. 
 
 An award may be rendered in favor of or against 
 any one or more of the applicants or defendants, ac- 
 cording to their respective rights and liabilities. In 
 every award the compensation to be paid to each person 
 shall be set forth separately. 
 
 RULE X EXAMINER. 
 
 Whenever convenience may require, the Industrial 
 Accident Board will appoint an examiner, whose duty 
 it shall be to aid the board in making settlements be- 
 tween employers and employes, conduct investigations, 
 take testimony, and to- make report of any and all mat- 
 ters relating to the claim in controversy to the board. 
 The board may at any time, and with or without notice 
 to either party, cause testimony to be taken, or any 
 other investigation to be made. 
 
 RULE XI DEPOSITIONS. 
 
 Depositions may be taken before any notary public 
 or other officer authorized to administer oaths, and, 
 when so taken, used upon any hearing where the con- 
 venience of the witnesses requires. Such depositions 
 shall be taken upon notice in the same manner as in 
 courts of record. 
 
 RULE XII STENOGRAPHIC REPORTER. 
 
 Either party may, upon payment of the costs at- 
 tendant thereon, require that the testimony produced
 
 683 CALIFORNIA ACT. 265 
 
 at any hearing be taken down and transcribed by a 
 shorthand reporter. 
 
 RULE XIII AMENDMENTS. 
 
 The board, or any member thereof, may at any time, 
 with or without notice, upon good cause shown, permit 
 any amendment to any pleading or open up any default. 
 
 The board may amend or modify or vacate any order 
 or award upon motion of either party or upon its own 
 motion. The moving party shall serve upon all other 
 parties to the proceeding a notice of such motion five 
 days prior to the time when the same is to be heard, 
 unless otherwise ordered by the board or a member 
 thereof. 
 
 RULE XIV. EXTENSION OF TIME. 
 
 The board, or any member thereof, may, either with 
 or without notice, grant extensions of time within which 
 to comply with any rule upon good cause shown, and 
 
 may likewise grant adjournments of hearings. 
 
 
 
 RULE XV. STIPULATIONS. 
 
 Parties to a controversy may stipulate the facts in 
 writing, and the board may thereupon make its order or 
 award based upon such stipulation. 
 
 RULE XVI. EXCEPTIONS. 
 
 At any hearing had before the board, or before any 
 examiner appointed by it, a note shall be made of any 
 question of law raised or exception taken and of the 
 facts in evidence in relation thereto. 
 
 RULE XVII. APPEALS. 
 
 Any party aggrieved may, within thirty (30) days 
 from the date of the award, file with the Industrial Ac- 
 cident Board an application, in writing, for a review of 
 such award, stating generally the grounds upon which 
 a review is sought, the points upon which he relies, and 
 the facts in evidence relating thereto. A copy of such 
 application shall at the same time be served by the ap-
 
 266 WORKMEN'S COMPENSATION AND INSURANCE. 684 
 
 pellant upon all adverse parties. The adverse party or 
 parties may, within ten (10) days thereafter, file with 
 the board an answer to such application for review, 
 stating generally his objections, his points, and the facts 
 in evidence in relation thereto. The board will there- 
 upon prepare and certify a transcript of the testimony 
 taken and transmit the same, together with all docu- 
 ments and papers on file in the matter, to the superior 
 court. 
 
 It is hereby ordered that the foregoing rules be, and 
 the same are, adopted as the rules governing the Indus- 
 trial Accident Board, and for the regulation of practice, 
 and that the same go into effect forthwith. 
 
 266. The formal procedure under the act. 
 The blank forms which thus far have been devised by 
 the Industrial Accident Commission of California in con- 
 nection with their administration of that act la are dis- 
 tributed naturally into the following groups: Group I, 
 blank forms required to be used by employers; group II, 
 blank forms required to be used by employes; group III, 
 blank forms required to be used at hearings before the 
 board; group IV, blank forms required to be used by 
 physicians; group V, blank forms required to be used 
 by casualty companies. 
 
 GROUP I. 
 
 267. Forms to be used by employers. The blank 
 forms required to be used by employers covered by the 
 act are entitled and designated as follows: (a) Employ- 
 er's written acceptance of the provisions of Employers' 
 Liability Act; (b) Employer's withdrawal of acceptance 
 of Employers' Liability Act; (c) Notice that employer 
 has accepted the compensation provisions of the Em- 
 ployers' Liability Act; (d) Employers' first report of 
 accident to employe; (e) Form of employer's supple- 
 mental report of accident to employe, and set forth in 
 the order named in the sections that immediately follow: 
 i a See 12 to 20.
 
 685 CALIFORNIA ACT. 268 
 
 268. Form of employers' written acceptance of 
 the provisions of the act. (a) 2 
 
 To the Industrial Accident Board of the State of California: 
 
 Please take notice that the undersigned, an employer of labor in 
 the State of California hereby accepts the provisions of an act of 
 the Legislature of the State of California, entitled, "An act relating 
 to the liability of employers for injuries or death sustained by their 
 employes, providing for compensation for the accidental injury of 
 employes, establishing an industrial accident board, making an ap- 
 propriation therefor, defining its powers and providing for a review 
 of its awards," approved April 8, 1911. 
 
 Number of employes 
 
 Location of place of employment 
 
 Nature of employment 
 
 Dated at , Cal., this 
 
 day of , 19__ 
 
 Signed: (Seal) 
 
 P. O. Address 
 
 City 
 
 The filing of the foregoing acceptance subjects the employer to 
 the compensation provisions of said law for the term of one year 
 from the date of filing and thereafter, without further act on his 
 part, for successive terms of one year each, unless such employer 
 shall, at least sixty days prior to the expiration of the term, file a 
 written notice of the withdrawal of this acceptance in the office of 
 the Industrial Accident Board (Employers' Liability Act, Section 5). 
 
 269. Form of employer's withdrawal of accept- 
 ance of provisions of the act. (b) 3 
 
 To the Industrial Accident Board of the State of California : 
 
 Please take notice that the undersigned, an employer of labor in 
 
 the State of California, hereby withdraws election 
 
 to be subject to the provisions of an act of the Legislature of the 
 State of California, entitled, "An act relating to the liability of em- 
 ployers for injuries or death sustained by their employes, providing 
 
 2 This notice must be signed and dated by employer and filed 
 with the Industrial Accident Board. If employer is a corporation, 
 this notice must be signed by its proper oflicers thereunto duly au- 
 thorized and the corporate seal affixed. 
 
 3 This notice, to be effective for the next succeeding year, must be 
 filed In the office of the Industrial Accident Board at least sixty days 
 prior to the expiration of the first year from the date of filing the 
 notice of acceptance, or sixty days prior to the expiration of any 
 succeeding year (Employers' Liability Law, section 5).
 
 270 WORKMEN'S COMPENSATION AND INSURANCE. 686 
 
 for compensation for the accidental injury of employes, establish- 
 ing an industrial accident board, making an appropriation therefor, 
 denning its power and providing for a review of its awards," ap- 
 proved April 8, 1911. 
 
 Dated at , Cal., this 
 
 day of , 191__ 
 
 Signed : ( Seal.) 
 
 P. O. Address 
 
 City 
 
 270. Form of notice that employer has accepted 
 the compensation provisions of the act. (c) 4 
 
 To all the employes in the State of California of 
 
 You are hereby notified that your employer has this day filed with 
 the Industrial Accident Board of the State of California, notice of 
 acceptance of the provisions of Chapter 399, Laws of California, 
 1911 (commonly known as the "Employers' Liability Act"). 
 
 You are further notified that you are subject to the compensa- 
 tion provisions of said act, 
 
 (1) Unless at the time of entering into your contract of hire, 
 you serve notice in writing on your employer that you do not elect 
 to be subject to such provisions, or 
 
 (2) If your contract of hire was made before the date hereof, 
 unless within thirty days after the date hereof, you serve such writ- 
 ten notice on your employer. 
 
 Dated at San Francisco, this day of , 191 
 
 INDUSTRIAL ACCIDENT BOARD OF CALIFORNIA. 
 A. J. PILLSBURY, Chairman, 
 WILL J. FRENCH, 
 WILLIS I. MORRISON. 
 
 271. Form of employer's first report of accident 
 to employe. (d) 4a 
 
 Use this form for First Report only. A different form is provided 
 
 for Supplemental Report. 
 
 Accidents which disable for less than seven calendar days need not 
 
 be reported. 
 
 1. Employer. 
 
 a. Employer's name 
 
 4 This notice shall be posted and continuously kept posted in a 
 public and conspicuous place in the office, shop, or place of business 
 of the above named employer. (Employers' Liability Act, Section 27.) 
 4a This report must be made within fifteen days after the happen- 
 ing of the accident. Answer all questions fully. Information given 
 herein is confidential. Failure to report is a misdemeanor.
 
 687 CALIFORNIA ACT. 271 
 
 b. Main office: Street and No City or town 
 
 c. Business 
 
 d. Location of plant, if not at main office address 
 
 2. Injured Employe. 
 
 a. Employe's name (in full) 
 
 b. P. O. address 
 
 c. Sex d. Color e. Age 
 
 f. Married, widower or single 
 
 g. Where born h. Speak English? 
 
 i. If not, what language? 
 
 j. Occupation when injured (machinist, carpenter, laborer, etc.) 
 
 k. In what department or branch of work? 
 
 1. Was this regular occupation? 
 
 m. If not, state regular occupation 
 
 n. Length of experience in occupation when injured, here 
 
 ; elsewhere 
 
 0. Piece or time worker? p. Wage (or average earnings) 
 
 per day q. Working days per week 
 
 3. Accident. 
 
 a. Date b. Hour of day c. Place 
 
 d. At what hour did injured employe begin work on that day? 
 
 e. Name of machine, tool or appliance in connection with which 
 accident happened 
 
 f. By what kind of power driven? 
 
 g. Hand or mechanical feed 
 
 h. Part on which accident happened 
 
 1. How guarded? 
 
 j. Describe in full how accident happened 
 
 k. What would you suggest to prevent similar accidents ?. 
 
 4. Injury. 
 
 a. Did injury result in death? 
 
 b. If so, give date of death 
 
 c. Name and P. O. address of relative or friend of deceased. 
 
 d. State exactly what part of person injured and extent of injury 
 
 e. How much longer will injured person be unable to do his regu- 
 lar work? _
 
 272 WORKMEN'S COMPENSATION AND INSURANCE. 688 
 
 5. Medical Care. 
 
 a. Name and address of present attending physician or hospital (if 
 more than one, give each) 
 
 b. Furnished by employer or employe? 
 
 c. Physician or hospital for first aid, if other than the foregoing 
 
 6. Insurance. 
 
 a. Did you carry insurance against liability for this accident? 
 
 b. If so, name of company 
 
 c. What kind of policy employer's liability, collective, compensa- 
 tion, or other? 
 
 7. Remarks. 
 
 Date of Report 
 
 Made out by 
 
 (If not member of firm, state position) . 
 
 272. Form of employer's supplemental report of 
 accident to employe. (e) 4b 
 
 Do not use this form for first report of accident. Another form is 
 provided for that purpose. 
 
 Date of report Furnished by Position 
 
 Employer _ 
 
 (Name) (Address) 
 Employ^ 
 
 (Name) (Address) 
 Accident 
 
 (Date) (Place) 
 
 DISABILITY. 
 
 (1) If injured employe" has died, date and place of death 
 
 (2) Nearest surviving relative 
 
 (Name) (Address) 
 
 (3) When did injured employe" return to work 
 
 (4) If not returned, but recovered, when did disability end 
 
 (5) If still disabled, how much longer is disability expected to last 
 
 4t > Employers must fill in and mail this report to the Board, (1) 
 in all cases upon termination of disability of injured employe; (2) 
 if disability extends over more than sixty days from date of accident, 
 then on the sixtieth day from date of accident, and again on termin- 
 ation of disability. The information contained in this report is con- 
 fidential. Failure to report is a misdemeanor. 
 
 Payment in full settlement of claim, made at any time after filing 
 of this report, must be forthwith reported to the Board.
 
 689 CALIFORNIA ACT. 272 
 
 (6) Present condition 
 
 (7) Physician now in attendance 
 
 (Name) (Address) 
 
 (8) Has injury resulted in 
 
 (a) Permanent total disability (inability to do any work) 
 
 (Specify condition.) 
 
 (b) Permanent partial disability (ability to do some work but 
 not same as before accident) 
 
 (Specify condition.) 
 
 (c) What work can disabled employe" do, and at what wage 
 
 (9) Additional remarks 
 
 RELIEF AND INDEMNITY. 
 
 (10) What payments have been made to injured employe, or on his 
 
 behalf, since date of accident, on account of 
 
 (a) Wages (exclusive of amount due at time of accident) 
 
 (Period) (Total amount) 
 
 (b) Medical expenses and other care 
 
 (Specify) 
 
 (c) Additional indemnity 
 
 (Specify) 
 
 (11) To whom paid 
 
 (Name) (Address) 
 
 (12) Are payments scheduled above in full settlement of claim by 
 
 injured employe" 
 
 (13) If not, state amount and composition of claim 
 
 (Specify fully) 
 
 INSURANCE. 
 
 C 1T> id you carry liability insurance at time of accident 
 
 (a) (b) 
 
 (Name of company) (Kind of policy) 
 
 (15) What portion of above amount, if any, has been paid by insur- 
 
 ance company? 
 
 (16) State fully what steps have been taken to settle claim 
 
 (17) Attach herewith copies of all agreements of settlement. 
 (I Additional remarks 
 
 44 BOYD w c
 
 273 XVORKMEN'S COMPENSATION AND INSURANCE. 690 
 
 GROUP II. 
 
 273. Forms for employes. The forms required to 
 be used by the employes covered by the act are en- 
 titled and designated as follows: (f), Blank form of no- 
 tice by employe of election not to be subject to the pro- 
 visions of the Employers' Liability Act, (g), Blank form 
 of notice to employer of claim for compensation for in- 
 jury under Employers' Liability Law, and are set 
 forth in the order named in the two succeeding sections. 
 
 274. Form of notice by employe of election not 
 to be subject to the provisions of the act. (f) 5 
 
 To 
 
 (Write name of employer on above line.) 
 
 (Write address of employer on above line.) 
 
 You will please take notice that the undersigned, now in, or being 
 about to enter, your employ hereby elects not to be subject to the 
 provisions of Chapter 399, Laws of California, 1911. 
 
 Dated at , Cal., this day 
 
 of , 191__. 
 
 Signed 
 
 P. O. address 
 
 City 
 
 275. Form of notice to employer of claim for 
 compensation for injury under act. (g) 6 
 
 To (Write name of employer on this line.) 
 
 (Write address of employer on this line.) 
 
 You will take notice that the undersigned hereby makes claim 
 
 5 If employer has elected to become subject to the compensation 
 provisions of the act above referred to, then the employe comes un- 
 der said provisions (1) unless at the time of entering into the em- 
 ployment, the employe gives the above notice, or (2) if the contract 
 of hire was made before the date of the employer's election, \mless 
 within thirty (30) days after such election, the employe gives said 
 notice (Employers' Liability Act, Section 7, Sub. 2). 
 
 6 The foregoing notice must be filled out by the injured employe 
 or some one in his behalf, or in case of his death, by a dependent or 
 dependents or some one in their behalf, and served upon the em- 
 ployer by delivering a copy of the above notice to the employer per- 
 sonally, or by registered mail within THIRTY (30) DAYS after the 
 occurrence of the accident for which compensation is claimed (Em- 
 ployers' Liability Act, Section 10).
 
 691 CALIFORNIA ACT. 276 
 
 for the compensation provided in Chapter 399, Laws of California, 
 
 1911, for injury received by while in 
 
 your employ. 
 
 Name of employe 
 
 Post office address 
 
 Relationship to claimant (State whether notice given by in- 
 jured person, agent or dependent.) 
 
 The accident occurred on the day of , 
 
 191 , at , California. 
 
 The nature of the injury is as follows 
 
 Dated at , Cal., this 
 
 day of , 191 
 
 Signature 
 
 P. O. address 
 
 City 
 
 Fill out in duplicate. Deliver personally or send one copy by reg- 
 istered mail to employer and mail other copy to the Industrial Ac- 
 cident Board of the State of California, Royal Insurance Building, 
 San Francisco. 
 
 GROUP III. 
 
 276. Forms for hearings before board. The blank 
 forms required to be used at hearings before the board 
 are entitled and designated as follows: (h) Notice of 
 filing of application for adjustment of claim by Indus- 
 trial Accident Board; (i), Form of notice of hearing of 
 application for adjustment of claim before the Industrial 
 Accident Board; (j), Form of subpoena for witness to 
 appear before the Industrial Accident Board, and are 
 set forth in the order named in the three succeeding sec- 
 tions : 
 
 277. Form of notice of filing of application for 
 adjustment of claim, (h) 
 
 Applicant, 
 vs. 
 
 Defendant
 
 277 WORKMEN'S COMPENSATION AND INSURANCE. 692 
 To the above-named defendant 
 
 You are hereby notified that the application of 
 
 .^[ 
 J 
 
 entitled as above to adjust a claim for compensation arising out of 
 
 J injuries sustained by _. 
 
 "^ the death of 
 
 (a copy of which is attached hereto) has been filed in the office of 
 
 the Industrial Accident Board of the State of California, 907 Royal 
 
 Insurance Building, 201 Sansome Street, San Francisco, California. 
 
 In the event that you desire to make any answer to the said 
 application your attention is called to the following rules adopted 
 by this Board, relative to the same, to-wit: 
 
 "RULE VII ANSWER. When any defendant desires to disclaim 
 any interest in the subject-matter of the claim in controversy, or 
 considers that the application is in any respect inaccurate or incom- 
 plete or desires to bring any fact, paper or document to the atten- 
 tion of the Board as a defense to the claim or otherwise, he must, 
 within ten days after the service of the application, file with or mail 
 to the Board his answer, setting forth the particulars in which the 
 application is inaccurate or incomplete and the facts upon which he 
 intends to rely. A copy thereof must likewise be served upon each 
 party to the proceedings. Any material allegation contained in the 
 application and not controverted in the answer will be deemed to be 
 admitted." 
 
 "RULE VIII SERVICE. Where a pleading or document is 
 served by mail, it shall, unless the contrary be proved, be deemed to 
 have been served, at the time when the letter containing the same 
 would have been delivered in the ordinary course of post. Proof of 
 such mailing shall be prima facie proof of service." 
 
 And you are further hereby notified that unless you appear and 
 answer within ten days after the service on you of this notice, said 
 Applicant will apply to the Board for the relief prayed for. 
 
 Witness : 
 INDUSTRIAL ACCIDENT BOARD 
 
 Of the State of California, 
 this __________ day of ______________ , 191__ 
 
 Member Secretary. 
 STATE OF CALIFORNIA, 
 
 ;ss: 
 City and county or. 
 
 being duly sworn, deposes and 
 says: That he is, and was at the times of the service of the papers 
 herein referred to, a citizen of the United States, over the age of 
 eighteen years, and not a party to the within-entitled proceeding; 
 that he personally served the within notice on the hereinafter- 
 named defendants, by delivering to and leaving with each of said
 
 693 CALIFORNIA ACT. 278 
 
 defendants personally, in the City and County of , 
 
 State of California, at the times set opposite their respective names 
 a copy of said notice attached to a copy of the complaint referred to 
 in said notice. 
 Names of Defendants Served: Date of Service: 
 
 Subscribed and sworn to before me this. 
 day of ._,A. D. 191__ 
 
 INDUSTRIAL ACCIDENT BOARD 
 Of the State of California. 
 
 Us: 
 
 INDUSTRIAL ACCIDENT BOARD 
 Of the State of California, 
 I hereby certify that I served the foregoing notice on the. 
 
 day of , A. D. 191__, on the defendant., hereinafter 
 
 named, by depositing a copy of said notice attached to a copy of the 
 application therein mentioned, in the United States mail at 
 
 California, with the postage thereon fully prepaid, and addressed to 
 the said defendants, as follows, to- wit: 
 
 Name Address 
 
 Name Address 
 
 Name Address 
 
 Dated ., A. D., 191 
 
 INDUSTRIAL ACCIDENT BOARD 
 Of the State of California. 
 
 278. Form of notice of hearing of application for 
 adjustment of claim (i). 7 
 
 Industrial Accident Board of the State of California. 
 
 Applicant , 
 
 vs. 
 
 Defendant . 
 
 Claim No. 
 
 Notice of Hearing of Application for Adjustment of Claim. 
 
 7 Either party shall have the right to be present at any hearing, 
 In person or by attorney or other agent, and to present such testi- 
 mony as may be pertinent. (Employers' Liability Act, Section 15, 
 Chapter 399, Laws 1911.)
 
 279 WORKMEN'S COMPENSATION AND INSURANCE. 694 
 
 Application on file in the office of the Industrial Accident Board 
 of the State of California, 907 Royal Insurance Building, 201 San- 
 some street, San Francisco. 
 
 The People of the State of California Send Greeting to : 
 , Defendant 
 
 You are hereby notified that the application of en- 
 titled as above, to adjust a claim for compensation arising out of 
 
 {injuries sustained by the death of) has been 
 
 set for hearing and will be heard at on the 
 
 day of , 191__, at 
 
 o'clock M., and you are hereby further notified that in default of 
 
 your attendance at the time and place above mentioned, the Indus- 
 trial Accident Board of the State of California will proceed to hear 
 and dispose of the said application in the manner provided by law. 
 
 Dated at San Francisco, California, this day of , 
 
 191... 
 
 Witness : Industrial Accident Board of the State of California. 
 
 By , Member Secretary. 
 
 Industrial Accident Board of the State of California, ss : 
 
 I hereby certify that I served the foregoing notice on the de- 
 fendant , hereinafter named, at the times set opposite their re- 
 spective names, by depositing a copy of said notice in the United 
 
 States mail on said day at , California, with 
 
 the postage thereon fully prepaid, and addressed to the said de- 
 fendant , as follows, to-wit: 
 
 Date of Service. 
 
 Name 
 
 Address 
 
 Name 
 
 Address 
 
 Dated , A. D. 191 
 
 279. Form of subpoena for witness to appear be- 
 fore industrial accident board, (j) 
 
 Industrial Accident Board of the State of California. 
 
 Applicant, 
 
 vs. 
 
 > Subpoena. 
 
 Defendant . 
 
 The People of the State of California Send Greeting to: 
 
 We command you, that all and singular, business and excuses
 
 695 CALIFORNIA ACT. 279 
 
 being laid aside, you appear and attend before the Industrial Acci- 
 dent Board of the State of California, at on the 
 
 day of , 191__, at o'clock M., 
 
 then and there to testify in the above-entitled matter, now pending 
 
 before said Industrial Accident Board, on the part of 
 
 and that you bring with you and then and there produce the follow- 
 ing described documents, papers, books and records, to-wit: 
 
 and for a failure to attend you will be deemed guilty 
 
 of a contempt and liable to pay to the parties aggrieved all losses 
 and damages sustained thereby and forfeit one hundred dollars in 
 addition thereto. 
 
 Witness: Industrial Accident Board of the State of California, 
 this day of , A. D. 191 
 
 Member Examiner. 
 
 State of California, City and County of , ss : 
 
 , of said County, being duly sworn, says 
 
 that he served the within subpoena, by showing the said within orig- 
 inal to each of the following persons named therein, and delivered a 
 true copy thereof to each of said persons, personally, at the time 
 and place set opposite their respective names, to-wit: 
 
 Name. Place. Date. 
 
 Subscribed and sworn to before me this day of_ 
 
 191 
 
 Industrial Accident Board of the State of California. 
 
 (Certificate to be executed when subpoana served by a peace or 
 other official.) 
 
 I hereby certify that I served the within suboena by showing the 
 said within original to each of the following persons named therein, 
 and delivered a true copy thereof to each of the said persons, per- 
 sonally, at the time and place set opposite their respective names, 
 to-wit : 
 
 Name. Place. Date. 
 
 (Title of Officer.)
 
 280 WORKMEN'S COMPENSATION AND INSURANCE. 696 
 
 GROUP IV. 
 
 280. Forms to be used by physicians. The Board 
 has prescribed certain forms for the reports of accidents 
 and are designated and entitled as follows: (k) Form of 
 physician's report of accident to employe; (1) Form of 
 request for report of accident; (m) Form of request for 
 fuller report of accident; (n) Form of notice to doctor 
 to file report, and are set forth in the order named in the 
 succeeding sections: 
 
 281. Form of physician's report of accident to 
 employe, (k) 8 
 
 Accidents which disable for less than seven days need not be 
 reported. 
 PART I. 
 
 To be filled in and sent to Board within ten days after first 
 attendance. 
 
 1. Employer. 
 
 a. Employer's name 
 
 b. Address : Street and No City or town 
 
 c. Business 
 
 2. Injured Employe. 
 
 a. Employe's name 
 
 b. Address: Street and No City or town 
 
 c. Sex d. Color e. Age f. Occupation 
 
 g. Speak English? 
 
 h. If not, what language? 
 
 3. Injury and First Aid. 
 
 a. Date of accident b. Hour c. Place 
 
 d. Did you give first treatment? e. If so, when? 
 
 f. Where? g. Were you called by employer or em- 
 ploye"? h. Where was employe" sent? 
 
 i. Nature, location and extent of injury 
 
 j. How was injury caused? 
 
 8 Every physician who attends an employe" injured by accident in 
 the course of employment must report within ten days after first 
 attendance, and again upon last attendance. Answer all questions 
 as fully as possible. Information contained herein is confidential. 
 Failure to report is a misdemeanor.
 
 697 CALIFORNIA ACT. 28 1 
 
 k. Any evidence of contributory cause other than accident? 
 
 1. If so, what? 
 
 4. Treatment. 
 
 a. If you did not give first treatment, give date of first attendance 
 
 b. Called by employer or employ6? 
 
 c. Where was employ^ treated? d. Treatment, surgical 
 
 procedure, etc. 
 
 e. Will employe be able to resume regular occupation? 
 
 f. If so, approximately when? 
 
 Date of report Made out by Dr 
 
 Street No City or town 
 
 PART II. 
 
 This Part to be filled in and sent with Part I if the injured em- 
 ploy6 has then died, or been discharged, or the physician's attend- 
 ance terminated from other cause. Otherwise detach Part II after 
 writing in names for identification, and fill in and send to Board 
 after last attendance. 
 Name of employer Name of injured employe" 
 
 1. Treatment 
 
 a. Note operations and other material facts subsequent to those 
 stated in Part I__ 
 
 b. Was patient confined to hospital? c. Or home? 
 
 d. How long? e. Professional nurse needed? 
 
 f. How long? g. Was patient during treatment able to 
 
 do any work? 
 
 h. What work and how much of the time? 
 
 2. Result. 
 
 a. Did injury result in death? 
 
 b. When? c. Did it cause any permanent 
 
 injury? d. If so, state its nature exactly 
 
 e. When did you discharge patient? 
 
 f. If not discharged, when last attended? 
 
 g. Patient able to return to regular work? 
 
 h. When? 
 
 i. If unable to do regular work, able to do any other?. 
 
 j. When? 
 
 Date of report Made out by Dr
 
 282 WORKMEN'S COMPENSATION AND INSURANCE. 698 
 
 282. Form of request for report of accident. (1) 
 
 The Industrial Accident Board is informed that an accident hap- 
 pened to at on or about , 
 
 in the course of his employment by you. If said employe" was kept 
 from work for a period of less than one week, simply so advise. If 
 he lost one week or more, please make full report and state reasons 
 for delay. 
 
 Kindly answer all pertinent questions on the blanks enclosed. 
 If the employe" has recovered, make both First and Supplemental 
 Reports now. If he is still disabled, make First Report now, and 
 Supplemental Report in conformity with the instructions printed on 
 that form. 
 
 Very truly yours, 
 Statistician. 
 
 283. Form of request for fuller report of acci- 
 dent, (m) 
 
 The Industrial Accident Board acknowledges, with thanks, the 
 receipt of your report of the accident to Fuller infor- 
 mation being required, you are requested to fill in the enclosed form 
 and to return it promptly. 
 
 It is also called to your attention that reports are required of all 
 industrial accidents, excepting only those causing disability of less 
 than seven days, which have happened since January 1st of this 
 year. If you have omitted to report any such accident, please report 
 at once. 
 
 Additional report forms have been mailed to you under separate 
 cover. If more are needed they will be sent on request. 
 
 Yours very truly, 
 
 INDUSTRIAL ACCIDENT BOARD, 
 By Statistician. 
 
 284. Form of notice to doctor to file report (n). 
 Dear Doctor: 
 
 It is reported that you attended 
 
 injured in an accident on or about , 1912. Enclosed 
 
 please find a copy of the statute relative to reporting industrial acci- 
 dents, and a blank which we request you kindly to fill in and return. 
 No report is required if the injured person was incapacitated for 
 less than one week. In that contingency, or if the report of your 
 connection with the case is in error, may we request that you kindly 
 so advise? 
 
 Your prompt attention will oblige, 
 
 Sincerely yours, 
 
 INDUSTRIAL ACCIDENT BOARD, 
 By_.
 
 699 CALIFORNIA ACT. 285 
 
 GROUP V. 
 
 285. Forms to be used by casualty companies. 
 
 The forms required to be used by casualty companies as 
 prescribed by the Industrial Accident Board of Califor- 
 nia are'designated and entitled as follows: (o) First ac- 
 cident report of casualty company; (p) Supplemental 
 accident report of casualty company, and are set forth in 
 the order named in the sections that immediately fol- 
 low: 
 
 286. Form of first accident report of casualty 
 company, (o) 
 
 (Give name of Company.) 
 Report only accidents causing disability of one week or more. 
 
 Date of report Insurance Co.'s No 
 
 Furnished by Position 
 
 Employer. 
 
 (1) Name 
 
 (Individual or firm name.) 
 
 (2) Address 
 
 (St. No.) (City or town.) 
 
 (3) Nature of business or industry 
 
 (4) Insurance classification 
 
 (5) Location of plant 
 
 (City or town.) 
 
 Employe. 
 
 (6) Name 
 
 (7) Address 
 
 (8) General occupation of person injured 
 
 (Machinist, Laborer, etc.) 
 Accident. 
 
 (9) Date (10) Place 
 
 (11) Full description of accident, and cause thereof 
 
 Injury. 
 
 (12) Was accident fatal (13) If fatal, date of death. 
 
 (14) Nature of injury 
 
 (15) Probable period of disability 
 
 (Report in days.)
 
 287 WORKMEN'S COMPENSATION AND INSURANCE. 700 
 Additional Data. 
 
 287. Form of supplemental accident report of cas- 
 ualty company, (p) 
 
 (Give name of Company.) 
 
 Date of Report Insurance Co.'s No 
 
 Furnished by Position 
 
 Employer. 
 
 (1) Name 
 
 (2) Address 
 
 Employe". 
 
 (3) Name 
 
 (4) Address 
 
 Accident. 
 
 (5) Date (6) Place 
 
 (7) Date of first report by Company to Board 
 
 Claim for Indemnity. 
 
 (8) Date filed with Co. (9) Amount claimed 
 
 (10) Composition of claim 
 
 (Specify fully medical expenses, indemnification for wages, dam- 
 ages, death benefits.) 
 
 (11) State kind of policy 
 
 (Collective, compensation, liability.) 
 
 Adjustment of Claim. 
 
 (12) Has claim been adjusted 
 
 (13) If not, grounds of resistance 
 
 (14) Date suit filed 
 
 (15) Date of adjustment (16) Amount 
 
 (17) In lump sum or installments 
 
 (If installments, specify.) 
 
 (18) Paid to 
 
 (19) Whose address is 
 
 (20) Was claim adjusted prior to termination of disability 
 
 (21) If so, probable period of disability from date of adjustment 
 
 Additional Data.
 
 CHAPTER XV. 
 
 THE NEVADA WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 288. Nature and scope of the 290. Text of the Nevada Work- 
 
 act, men's compensation law. 
 
 289. Procedure Boards of ar- 
 bitration. 
 
 288. Nature and scope of act. The law of this 
 state covers nine extra hazardous employments. It abol- 
 ishes the defense of fellow servant and assumed risk and 
 substitutes the rule of comparative negligence for the 
 old rule of contributory negligence. The employers are 
 made directly liable for the compensation and medical 
 and surgical aid. The scheme of administration pro- 
 vides for local boards of arbitration whose actions are 
 subject to review by the courts. Benefits in death cases 
 are three years' earnings with a minimum of $2,000 and 
 a maximum of $3,000; and in case there are no depend- 
 ents, $300. The compensation paid in case of partial 
 and total disability begins ten days after the accident 
 happened and continues so long as the disability lasts 
 and is at the rate of 60 per cent, of the impairment of the 
 injured worker's earning capacity, but in no case shall 
 the compensation exceed $3,000. Medical and surgi- 
 cal aid are paid for by the employer only in case an em- 
 ploye dies of an injury covered by the act and without 
 dependents. 
 
 289. Procedure Boards of arbitration. The act 
 does not provide for a board of administration. The law 
 is presumed to work automatically. There is no formal 
 procedure prescribed in the act, but the act does pro- 
 vide for the formation of local boards of arbitration by 
 
 701
 
 290 WORKMEN'S COMPENSATION AND INSURANCE. 702 
 
 the employer and employe injured or by party inter- 
 ested in a claim on account of an injury covered by the 
 law. 
 
 290. Text of the Nevada workmen's compensation 
 law. The Nevada law became effective July 1, 1911, 
 and provides: 
 
 Section 1. If in any employment to which this act 
 applies personal injury disabling a workman from his 
 regular service for more than ten days, or death by ac- 
 cident, arising out of and in the course of employment 
 is caused to a workman, the workman so injured, or in 
 case of death, the member of his family, as hereinafter 
 defined, shall be entitled to receive from his employer, 
 and the said employer shall be liable to pay, the com- 
 pensation provided for in this act ; provided, that re- 
 covery hereunder shall not be barred where such em- 
 ploye may have been guilty of contributory negligence 
 where such contributory negligence is slight and that 
 of the employer is gross in comparison, but in which 
 event the compensation may be diminished in propor- 
 tion to the amount of negligence attributable to such 
 employe, and it shall be conclusively presumed that such 
 employe was not guilty of contributory negligence in 
 any case where the violation of any statute enacted for 
 the safety of employes contributed to such employe's 
 injury; and it shall not be a defense: (1) That the em- 
 ploye either expressly or impliedly assumed the risk of 
 the hazard complained of; (2) That the injury or death 
 was caused in whole or in part by the want of ordinary 
 or reasonable care of a fellow-servant. No contract, 
 rule or regulation shall exempt the employer from any 
 of the provisions of the preceding section of this act. 
 
 Sec. 2. "Employer" includes any body of persons 
 corporate or incorporate and the legal personal repre- 
 sentative of a deceased employer. "Workman" includes 
 every person who is engaged in an employment to which
 
 703 NEVADA ACT. 2QO 
 
 this act applies, whether by way of manual labor or 
 otherwise, and where his agreement is one of service or 
 apprenticeship or otherwise, and is expressed or 
 implied, is oral or in writing. Any reference to a work- 
 man who has been injured shall, where the workman is 
 dead, include a reference to his legal personal represen- 
 tative or to his dependents or other person to whom 
 compensation is payable. "Dependents" means wife, 
 father, mother, husband, sister, brother, child or grand- 
 child ; provided, that they were wholly or partly depend- 
 ent upon the earnings of the workman at the time of his 
 death. 
 
 Sec. 3. This act shall apply to workmen engaged in 
 manual or mechanical labor in the following employ- 
 ments within this state, each of which is hereby deter- 
 mined to be especially dangerous, in which from the 
 nature, condition or means of prosecution of the work 
 therein, extraordinary risks to the life and limb of work- 
 men engaged therein are inherent, necessarily or sub- 
 stantially unavoidable, and to each of which employ- 
 ments it is deemed necessary to establish a new system 
 of compensation for accidents to workmen. 
 
 (a) The erection or demolition of any bridge or 
 building in which there is, or in which the plans or 
 specifications require iron or steel framework; 
 
 (b) The operation of elevators, elevating machines 
 or derricks or hoisting apparatus used within or on the 
 outside of any bridge or building for the conveying of 
 material in connection with the erection or demolition 
 of such bridge or building; 
 
 (c) Work on scaffolds of any kind elevated twenty 
 feet or more above the ground, water or floor beneath, 
 in the erection, construction, painting, alteration or re- 
 pair of buildings, bridges or structures; 
 
 (d) Construction, operation, alteration or repair of 
 wires, cables, switchboards or apparatus charged with 
 electric currents;
 
 290 WORKMEN'S COMPENSATION AND INSURANCE. 704 
 
 (e) The operation on railroads of locomotives, en- 
 gines, trains, motors or cars propelled by gravity, steam, 
 electricity or other mechanical power, or the construc- 
 tion or repairs of railroad tracks and roadbeds over 
 which such locomotives, engines, trains, motors, or cars 
 are operated; 
 
 (f) Construction, operation, alteration, or repairs of 
 locomotives, engines, trains, motors or cars in or about 
 the shops, round-houses, or other places, where the 
 same is done ; 
 
 (g) Construction, operation, alteration or repairs 
 to mills, smelters or mines, including every shaft or pit 
 in the course of being sunk, and every crosscut, drift, 
 station, winze, level or inclined planes through which 
 workmen pass to and from work, and all works, machin- 
 ery, tramways, ladders or passages, both below ground 
 and above ground, in and adjacent to any mine; 
 
 (h) All work necessitating dangerous proximity to 
 gunpowder, blasting powder, dynamite or any other ex- 
 plosives, where the same are used as instrumentalities 
 of the industry; 
 
 (i) The construction of tunnels. 
 
 The employers to whom this act shall apply shall be 
 any person or persons, association, partnership or cor- 
 poration carrying on any such industry as aforesaid. 
 
 Sec. 4. Notice of accidents must be given to the 
 employer as soon as practicable after the happening 
 thereof, and the claim for compensation with respect to 
 such accident within six months from the occurrence 
 of such accident causing the injury, or in case of death, 
 within six months from the time of death; provided, al- 
 ways, that the want of, or any defect or inaccuracy in, 
 such notice shall not be a bar to the maintenance of 
 such proceedings if it is found in the proceedings for 
 settling the claim that the employer is not prejudiced 
 in his defense by the want, defect or inaccuracy, and 
 that such want, defect or inaccuracy was occasioned by
 
 705 NEVADA ACT. 290 
 
 mistake or other reasonable cause. Notice in respect of 
 an injury under this act shall give the name and address 
 of the person injured, and shall state in ordinary lan- 
 guage the cause of the injury, if known, the date at 
 which it was sustained, and shall be served on the 
 employer, or, if there is more than one employer, upon 
 one of such employers. The notice may be served by 
 delivering the same to or at the residence or place of 
 business of the person upon whom it is to be served, 
 or the notice may also be served by post, by a registered 
 letter addressed to the person on whom it is to be 
 served at his last known place of residence or place of 
 business, and if served by post shall be deemed to have 
 been served at the time when the letter containing the 
 same would have been delivered in the ordinary course 
 of post, and in proving the service of such notice it shall 
 be sufficient to prove that the notice was properly ad- 
 dressed and registered. Where the employer is a body 
 of persons, natural or artificial, the notice may also be 
 served by delivering the same at, or by sending it by 
 post in a registered letter addressed to the employer at 
 the office, or, if there be more than one office, any one 
 of the offices of such body. 
 
 . Sec. 5. The amount of compensation in case death 
 results from injury, or for death accruing within five 
 years as a result of injury, shall be: 
 
 (a) If the workman leave any person or persons 
 who at the time of the accident were wholly dependent 
 upon his earnings, a sum equal to his earnings in the 
 employment of the same employer during the three 
 years next preceding the injury, or the sum of two 
 thousand dollars, whichever of these sums is the greater, 
 but not exceeding in any case three thousand dollars; 
 provided, that the total sum of any weekly payments 
 made under this act shall be deducted from such sum; 
 and if the period of the workman's employment by the 
 same employer has been less than the said three years, 
 
 45 BOYD W C
 
 290 WORKMEN'S COMPENSATION AND INSURANCE. 706 
 
 then the amount of his earnings during the said three 
 years shall be deemed to be nine hundred and thirty- 
 six times his average daily earnings during the period 
 of his actual employment under the same employer; 
 
 (b) If the workman leave only person or persons 
 who at the time of the accident were partly dependent 
 upon his earnings, a sum equal to 50 per cent of the 
 amount payable under the foregoing provisions of this 
 section; 
 
 (c) If the workman leave no person at the time of 
 the accident who was dependent upon his earnings, the 
 reasonable expenses of his medical attendance and bur- 
 ial, not exceeding in all three hundred dollars. 
 
 Whatever sum is payable under this section in case 
 of death of the injured workman shall be paid to his 
 legal representatives for the benefit of such dependents, 
 and if he leaves no such dependents, then to the public 
 administrator, for the benefit of the person or persons 
 to whom the expenses of medical attendance and burial 
 are due. 
 
 Sec. 6. The amount of compensation in case of 
 total or partial disability resulting from injury shall be r 
 
 (a) A weekly payment during the disability begin- 
 ning within ten days after the injury, 60 per cent of his 
 average weekly earnings in such employment during 
 the previous twelve months if he has been so long em- 
 ployed, but if not, then for any less period during which 
 he has been in the employment of the same employer, so 
 long as there is complete disability; and that proportion 
 of the said percentage which the depleted earning ca- 
 pacity for that service bears to the total disability when 
 the injury is only partial, but in no event shall the total 
 of all payments under this act exceed the sum of three 
 thousand dollars ; 
 
 (b) In addition to the foregoing payments, if the 
 injured person lose both feet or both hands, or one foot 
 and one hand, or both eyes or one eye and one foot or 
 one hand, he shall receive, during a full period of five
 
 707 NEVADA ACT. 290 
 
 years, 40 per cent of his average weekly earnings, or if 
 he lose one foot, one hand or one eye, the additional 
 compensation therefor shall be 15 per cent of his aver- 
 age weekly earnings, the amount of such earnings to 
 be computed in the same manner as the foregoing 60 
 per cent; provided, that in no case shall all the pay- 
 ments received herein exceed in any month the whole 
 wages earned when the injury occurs, nor shall the 
 added percentages continue longer than to make all 
 payments aggregate three thousand dollars. 
 
 Sec. 7. Any workman entitled to receive weekly 
 payments under this act is required, if requested by the 
 employer, to submit himself for examination by a duly 
 qualified medical practitioner or surgeon provided and 
 paid for by the employer, at a time and place reason- 
 ably convenient for the workman, within three weeks 
 after the injury, and thereafter at intervals not oftener 
 than once in six weeks. A copy of the report of the 
 examining physician shall be furnished to the workman. 
 If a dispute then exists as to the workman's condition 
 or amount of weekly compensation such dispute shall 
 be determined by arbitration under this act, or by judi- 
 cial procedure as hereinafter provided; provided, also, 
 that any and all disputes arising under this act may be 
 first submitted to a board of arbitration, and in case of 
 failure to settle it, resort may be had to courts of justice. 
 
 Sec. 8. Arbitration proceedings shall be as follows: 
 The employer and the workman may each choose one 
 arbitrator, the two arbitrators thus chosen shall choose 
 a third, and the three arbitrators shall hear the facts of 
 the dispute within three months after having been 
 chosen, and within two weeks thereafter, render a de- 
 cision, which, if unanimous, shall be final and binding 
 on both parties. 
 
 Sec. 9. On failure of the board of arbitration to 
 reach an adjustment of the dispute above referred to, 
 either party may apply to a court of competent jurisdic- 
 tion, and have an adjudication as in any other contro-
 
 290 WORKMEN'S COMPENSATION AND INSURANCE. 708 
 
 versy. And the findings and judgment of the court 
 shall be conclusive on all parties concerned. Said courts 
 may compel the attendance of witnesses and the pro- 
 duction of evidence, as in all other cases provided for by 
 law, and the judgment of said court may continue and 
 diminish or increase the weekly payments, subject to 
 the maximum provided in this act. The prevailing party 
 in any action, brought under the provisions of this act, 
 shall be entitled to his costs of suit and reasonable at- 
 torney's fees; provided, that nothing in this act shall 
 operate to defeat the constitutional right of appeal. 
 
 Sec. 10. If any employer who shall be the principal, 
 enters into a contract with an independent contractor 
 to do part of such employer's work, or if such contractor 
 enters into a contract with a subcontractor to do all 
 or any part of the work comprised in such contractor's 
 contract with the employer, the said principal shall be 
 liable to pay to any workman employed in the execution 
 of the work, any compensation under this act, which he 
 would have been liable to pay if that workman had been 
 immediately employed by him; and where compensa- 
 tion is claimed from the principal, then reference to the 
 principal shall be substituted for reference to the em- 
 ployer, except the amount of compensation shall be cal- 
 culated with reference to the earnings of the workman 
 tinder the contractor or employer by whom he is im- 
 mediately employed. Where such principal is liable to 
 pay compensation he shall be entitled to be indemnified 
 by any person who would have been liable to pay com- 
 pensation to the workman independently of this sec- 
 tion. Nothing in this section shall be construed 9.3 pre- 
 venting a workman from recovering compensation un- 
 der this act, from the contractor or subcontractor, in- 
 stead of the principal; nor shall this section apply in 
 any case where the accident shall occur elsewhere than 
 on or in or about the premises on which the principal 
 has undertaken to execute the work or which are other- 
 wise under his control or management.
 
 709 NEVADA ACT. 2QO 
 
 Sec. 11. Nothing in this act contained shall be held 
 or deemed to require any workman or his personal rep- 
 resentatives to proceed under its terms and provisions 
 for the recovery of compensation of damages for death 
 or accidental injury. But if the workman or his per- 
 sonal representatives shall so elect, he or they may dis- 
 regard the provisions of this act and may pursue any 
 other remedy at law for the recovery of such compensa- 
 tion of damages for or on account of such death or in- 
 jury. The right of election or choice of remedies shall 
 be exercised solely by such workman or his representa- 
 tives. 
 
 Sec. 12. A claim for compensation for the injury or 
 death of any employe or any reward or judgment en- 
 tered thereon shall be entitled to a preference over the 
 other debts of the employer if and to the same extent 
 as the wages of such employe shall be so preferred, but 
 this section shall not impair the lien of any judgment 
 entered upon any award. 
 
 Sec. 13. The making of a lawful claim against an 
 employer for compensation under this act for the injury 
 or death of his employe shall operate as an assignment 
 of any assignable cause of action in tort which the em- 
 ploye or his personal representative may have against 
 any other party for such injury or death, and such em- 
 ployer may enforce in his own name the liability of such 
 other party. 
 
 Sec. 14. Nothing in this act contained shall be con- 
 strued as impairing the right of parties interested after 
 the injury or death of an employe to compromise or 
 settle upon such terms as they may agree upon any lia- 
 bility which may be claimed to exist under this act on 
 account of such injury or death, nor as conferring upon 
 the defendants of any injured employe any interest 
 which he may not divert by such settlement or for 
 which he or his estate shall in the event of such settle- 
 ment by him be accountable to such dependents or any 
 of them.
 
 CHAPTER XVI. 
 
 THE KANSAS WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 291. Nature and scope of the 293. Formal procedure under 
 act. the act 
 
 292. Text of the Kansas com- . 294. Form of election of em- 
 
 pensation act. ployer to come within the 
 
 provisions of the act. 
 
 291. Nature and scope of the act. The Kan- 
 sas act is applicable to certain specified hazardous 
 employments within the state and ' is without ap- 
 plication to employes engaged in interstate commerce. 
 The act is not compulsory, but its acceptance is optional 
 with the employer and employe. Where the act is ac- 
 cepted by the employer a non-electing employe must 
 serve notice on his employer of his refusal to be bound 
 by the act. A non-electing employer is denied the com- 
 mon-law defense of fellow servant and assumption of 
 risk and may only avail himself of the doctrine of com- 
 parative negligence. Where an employer who has elect- 
 ed to be bound by the act is sued by a non-electing em- 
 ploye, the employer may avail himself of the common- 
 law defenses and the doctrine of comparative negligence 
 unless the injury was caused by the wilful or gross neg- 
 ligence of such employer, or of any managing officer, or 
 managing agent of said employer, or where under the 
 law existing at the time of the death or injury such de- 
 fenses are not available. The employer is not liable 
 for injuries which do not disable the employe for more 
 than two weeks from earning full wages at his em- 
 ployment, nor is he liable where the injury results from 
 the deliberate intention of the employe to cause the in- 
 jury, or is due to his failure to observe statutory regu- 
 
 711
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 712 
 
 lations provided for his safety or the injury results from 
 his intoxication. The compensation is computed on the 
 basis of fifty per cent of the impairment of the working 
 power of the employe. Provision is made for arbitra- 
 tion in adjusting compensation and for the filing, can- 
 cellation, review and modification of awards; for the 
 entry of judgments and stay of proceedings upon 
 awards, and for the redemption of liability. The act is 
 complicated and can not be satisfactorily discussed until 
 the authorities administering the same have developed 
 the construction of the law and a procedure thereunder. 
 
 292. Text of the Kansas compensation act. The 
 
 statute is entitled an act to provide compensation for 
 workmen injured in certain hazardous industries. It be- 
 came effective January 1, 1912, and provides: 
 
 Section 1. The obligation. If in any employment 
 to which this act applies, personal injury by accident 
 arising out of and in the course of employment is caused 
 to a workman, his employer shall, subject as hereinafter 
 mentioned, be liable to pay compensation to the work- 
 man in accordance with this act. Save as herein pro- 
 vided, no such employer shall be liable for any injury 
 for which compensation is recoverable under this act; 
 provided, that (a) the employer shall not be liable under 
 this act in respect of any injury which does not disable 
 the workman for a period of at least two weeks from 
 earning full wages at the work at which he is employed ; 
 (b) if it is proved that the injury to the workman re- 
 sults from his deliberate intention to cause such injury, 
 or from his wilful failure to use a guard or protection 
 against accident required pursuant to any statute and 
 provided for him, or a reasonable and proper guard and 
 protection voluntarily furnished him by said employer, 
 or solely from his deliberate breach of statutory regu- 
 lations affecting safety of life or limb, or from his intoxi- 
 cation, any compensation in respect to that injury shall 
 be disallowed.
 
 713 KANSAS ACT. 2Q2 
 
 Sec. 2. Reservation of liability for wrong or negli- 
 gence in certain cases. Where the injury was proxi- 
 mately caused by the individual negligence, either of 
 commission or omission, of the employer, including such 
 negligence of the directors or of any managing officer 
 or managing agent of such employer if a corporation, or 
 of any of the partners if such employer is a partnership, 
 or of any member if such employer is an association, 
 but excluding the negligence of competent employes in 
 the performance of their duties or of the employer's 
 duty delegated to them, the existing liability of the em- 
 ployer shall not be affected by this act, but in such case 
 the injured workman, or if death results from such in- 
 jury, his dependents as herein defined, if they unani- 
 mously agree, otherwise his legal representatives, may 
 elect between any right of action against the employer 
 upon such liability and the right to compensation under 
 this act. 
 
 Sec. 3. Reservation of penalties. Nothing in this 
 act shall affect the liability of the employer or employe 
 to a fine or penalty under any other statute. 
 
 Sec. 4. Subcontracting. (a) Where any person 
 (in this section referred to as principal) undertakes to 
 execute any work which is a part of his trade or busi- 
 ness or which he has contracted to perform and con- 
 tracts with any other person (in this section referred to 
 as the contractor) for the execution by or under the 
 contractor of the whole or any part of the work under- 
 taken by the principal, the principal shall be liable to 
 pay to any workman employed in the execution of the 
 work any compensation under this act which he would 
 have been liable to pay if that workman had been im- 
 mediately employed by him; and where compensation 
 is claimed from or proceedings are taken against the 
 principal, then, in the application of this act, references 
 to the principal shall be substituted for references to the 
 employer, except that the amount of compensation shall
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 714 
 
 be calculated with reference to the earnings of the work- 
 man under the employer by whom he is immediately 
 employed, (b) Where the principal is liable to pay 
 compensation under this section, he shall be entitled to 
 indemnity from any person who would have been liable 
 to pay compensation to the workman independently of 
 this section, and shall have a cause of action therefor. 
 
 (c) Nothing in this section shall be construed as pre- 
 venting a workman from recovering compensation un- 
 der this act from the contractor instead of the principal. 
 
 (d) This section shall not apply to any case where the 
 accident occurred elsewhere than on or in, or about the 
 premises on which the principal has undertaken to exe- 
 cute work or which are otherwise under his control or 
 management, or on, in, or about the execution of such 
 work under his control or management, (e) A principal 
 contractor, when sued by a workman of a subcontractor, 
 shall have the right to implead the subcontractor, (f) 
 The principal contractor who pays compensation volun- 
 tarily to a workman of a subcontractor shall have the 
 right to recover over against the subcontractor. 
 
 Sec. 5. Remedies both against employer and 
 stranger. Where the injury for which compensation is 
 payable under this act was caused under circumstances 
 creating a legal liability against some person other than 
 the employer to pay damages in respect thereof, (a) 
 The workman may take proceedings against that per- 
 son to recover damages and against any person liable 
 to pay compensation under this act for such compensa- 
 tion, but shall not be entitled to recover both damages 
 and compensation; and (b) If the workman has recov- 
 ered compensation under this act, the person by whom 
 the compensation was paid, or any person who has 
 been called on to indemnify him under the section of 
 this act relating to subcontracting, shall be entitled to 
 indemnity from the person so liable to pay damages as
 
 7 J 5 KANSAS ACT. 
 
 aforesaid, and shall be subrogated to the rights of the 
 workman to recover damages therefor. 
 
 Sec. 6. Application of the act. This act shall apply 
 only to employment in the course of the employer's 
 trade or business on, in, or about a railway, factory, 
 mine or quarry, electric, building or engineering work, 
 laundry, natural gas plant and all employments wherein 
 a process requiring the use of any dangerous explosive 
 or inflammable materials is carried on, which is con- 
 ducted for the purpose of business, trade or gain; each 
 of which employments is hereby determined to be es- 
 pecially dangerous, in which from the nature, condition 
 or means of prosecution of the work therein, extraor- 
 dinary risk to the life and limb of the workman en- 
 gaged therein are inherent, necessary, or substantially 
 unavoidable, and as to each of which employments it is 
 deemed necessary to establish a new system of com- 
 pensation for injuries to workmen. This act shall not 
 apply in any case where the accident occurred before 
 this act takes effect, and all rights which have accrued, 
 by reason of any such accident, at the time of the pub- 
 lication of this act, shall be saved the remedies now 
 existing therefor, and the court shall have the same 
 power as to them as if this act had not been enacted. 
 
 Sec. 7. This act shall not be construed to apply to 
 business or employments which, according to law, are so 
 engaged in interstate commerce as to be not subject to 
 the legislative power of the state, nor to persons injured 
 while they are so engaged. 
 
 Sec. 8. It is hereby determined that the necessity 
 for this law and the reason for its enactment, exist only 
 with regard to employers who employ a considerable 
 number of persons. This act, therefore, shall only apply 
 to employers by whom fifteen or more workmen have 
 been [employed] continuously for more than one month 
 at the time of the accident and who have elected or shall 
 elect before the accident to come within the provision
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 716 
 
 hereof; provided, however, that employers having less 
 than fifteen workmen may elect to come within the pro- 
 visions of this act in which case his employes shall be 
 included herein, as hereinafter provided. 
 
 Sec. 9. Definitions. In this act, unless the context 
 otherwise requires, (a) "Railway" includes street rail- 
 ways and interurbans; and "employment on railways" 
 includes work in depots, power houses, round-houses, 
 machine shops, yards, and upon the right of way, and 
 in the operation of its engines, cars and trains, and to 
 employes of express companies while running on rail- 
 road trains, (b) "Factory" means any premises wherein 
 power is used in manufacturing, making, altering, adapt- 
 ing, ornamenting, finishing, repairing or renovating any 
 article or articles for the purpose of trade or gain or of 
 the business carried on therein, including expressly any 
 brick yard, meat-packing house, foundry, smelter, oil 
 refinery, lime burning plant, steam heating plant, elec- 
 tric lighting plant, electric power plant and water power 
 plant, powder plant, blast furnace, paper mill, printing 
 plant, flour mill, glass factory, cement plant, artificial 
 gas plant, machine or repair shop, salt plant, and chemi- 
 cal manufacturing plant, (c) "Mine" means any opening 
 in the earth for the purpose of extracting any minerals, 
 and all underground workings, slopes, shafts, galleries 
 and tunnels, and other ways, cuts and openings connect- 
 ed therewith, including those in the course of being 
 opened, sunk or driven; and includes all the appurte- 
 nant structures at or about the openings of the mine, and 
 any adjoining adjacent work place where the material 
 from a mine is prepared for use or shipment, (d) 
 "Quarry" means any place, not a mine, where stone, 
 slate, clay, sand, gravel or other solid material is dug 
 or otherwise extracted from the earth for the purpose 
 of trade or bargain, or of the employer's trade or busi- 
 ness, (e) "Electrical work" means any kind of work in 
 or directly connected with the construction, installation,
 
 KANSAS ACT. 2Q2 
 
 operation, alteration, removal or repair of wires, cables, 
 switchboards or apparatus, used for the transmission of 
 electrical current, (f) "Building work" means any work 
 in the erection, construction, extension, decoration, al- 
 teration, repair or demolition of any building or struc- 
 tural appurtenance, (g) "Engineering work" means any 
 work in the construction, alteration, extension, repair or 
 demolition of a railway (as hereinbefore defined) bridge, 
 jetty, dike, dam, reservoir, underground conduit, sewer, 
 oil or gas well, oil tank, gas tank, water tower, or water 
 works (including standpipes or mains), any caisson 
 work or work in artificially compressed air, any work 
 in dredging, pile driving, moving buildings, moving 
 safes, or in laying, repairing or removing, underground 
 pipes and connections, the erection, installing, repairing, 
 or removing of boilers, furnaces, engines and power 
 machinery, (including belting and other connections) 
 and any work in grading or excavating where shoring 
 is necessary or power machinery or blasting powder, 
 dynamite or other high explosives is in use (excluding 
 mining and quarrying), (h) "Employer" includes any 
 person or body of persons corporate or unincorporate, 
 and the legal representatives of a deceased employer or 
 the receiver or trustee of a person, corporation, associa- 
 tion or partnership, (i) "Workman" means any person 
 who has entered into the employment of or works un- 
 der contract of service or apprenticeship with an em- 
 ployer, but does not include a person who is employed 
 otherwise than for the purpose of the employer's trade 
 or business. Any reference to a workman who has been 
 injured shall, where the workman is dead, include a ref- 
 erence to his dependents, as hereinafter defined, or to 
 his legal representative, or where he is a minor or in- 
 competent, to his guardian, (j) "Dependents" means 
 such members of the workman's family as were wholly 
 or in part dependent upon the workman at the time of 
 the accident. And "members of a family" for the pur-
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 718 
 
 poses of this act means only widow or husband, as the 
 case may be, and children; or if no widow, husband or 
 children, then parents and grandparents, or if no par- 
 ents or grandparents, then grandchildren; or if no grand- 
 children, then brothers and sisters. In the meaning of 
 this section parents include step-parents, children in- 
 clude step-children, and grandchildren include step- 
 grandchildren, and brothers and sisters include step- 
 brothers and step-sisters, and children and parents in- 
 clude that relation by legal adoption. 
 
 Sec. 10. Incompetency of workman. In case an 
 injured workman is mentally incompetent or a minor, 
 or where death results from the injury, in case any of 
 his dependents as herein defined is mentally incompetent 
 or a minor, at the time when any right, privilege or 
 election accrues to him under this act, his guardian may, 
 in his behalf, claim and exercise such right, privilege, 
 or election, and no limitation of time, in this act pro- 
 vided for, shall run, so long as such incompetent or 
 minor has no guardian. 
 
 Sec. 11. Amount of compensation. The amount of 
 compensation under this act shall be, (a) Where death 
 results from injury: (1) If the workman leaves any de- 
 pendents wholly dependent upon his earnings, an 
 amount equal to three times his earnings for the pre- 
 ceding year but not exceeding thirty-six hundred dol- 
 lars and not less than twelve hundred dollars, provided, 
 such earnings shall be computed upon the basis of the 
 scale which he received or would have been entitled to 
 receive had he been at work, during the thirty days 
 next preceding the accident; and, if the period of the 
 workmen's employment by the said employer had been 
 less than one year, then the amount of his earnings dur- 
 ing the said year shall be deemed to be fifty-two times 
 his average weekly earnings during the period of his 
 actual employment under said employer; provided, that 
 the amount of any payments made under this act and
 
 7 J 9 KANSAS ACT. 2Q2 
 
 any lump sum paid hereunder for such injury from which 
 death may thereafter result shall be deducted from such 
 sum ; and provided, however, that if the workman does 
 not leave any dependents, citizens of and residing at the 
 time of the accident in the United States or the Domin- 
 ion of Canada, the amount of compensation shall not 
 exceed in any case seven hundred and fifty dollars. (2) 
 If the workman does not leave any such dependents, 
 but leaves any dependents in part dependent upon his 
 earnings, such proportion of the amount payable under 
 the foregoing provisions of this section, as may be 
 agreed upon or determined to be proportionate to the 
 injury to the said dependents; and (3) if he leaves no 
 dependents, the reasonable expense of his medical at- 
 tendance and burial, not exceeding one hundred dollars, 
 (b) Where total incapacity for work results from injury, 
 periodical payments during such incapacity, commenc- 
 ing at the end of the second week, equal to fifty per cent 
 of his average weekly earnings computed as provided 
 in section 12, but in no case less than six dollars per 
 week or more than fifteen dollars per week, (c) When 
 partial incapacity for work results from injury, periodical 
 payments during such incapacity, commencing at the 
 end of the second week, shall not be less than twenty- 
 five per cent, nor exceed fifty per cent, based upon the 
 average weekly earnings computed as provided in sec- 
 tion 12, but in no case less than three dollars per week 
 or more than twelve dollars per week; provided, how- 
 ever, that if the workman is under twenty-one years of 
 age at the date of the accident and the average weekly 
 earnings are less than $10.00 his compensation shall not 
 be less than seventy-five per cent of his average earn- 
 ings. No such payment for total or partial disability 
 shall extend over a period exceeding ten years. 
 
 Sec. 12. Rule for compensation. For the purposes 
 of the provisions of this act relating to "earnings" and 
 "average earnings" of a workman, the following rules
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 720 
 
 shall be observed: (a) "Average earnings" shall be com- 
 puted in such manner as is best calculated to give the 
 average rate per week at which the workman was being 
 remunerated for the 52 weeks prior to the accident. 
 Provided, that where by reason of the shortness of time 
 during which the workman has been in the employment 
 of his employer, or the casual nature or the terms of the 
 employment, it is impracticable to compute the rate of 
 remuneration, regard shall be had to the average weekly 
 amount which, during the twelve months previous to 
 the accident, was being earned by a person in the same 
 grade employed at the same work by the same employer, 
 or, if there is no person employed, by a person in the 
 same grade employed in the same class of employment 
 and in the same district, (b) Where the workman had 
 entered into concurrent contract of service with two or 
 more employers under which he worked at one time for 
 one such employer and at another time for another such 
 employer, his "earnings" and his "average earnings" 
 shall be computed as if his earnings under all such con- 
 tracts were earnings in the employment of the employer 
 for whom he was working at the time of the accident, 
 (c) Employment by the same employer shall be taken 
 to mean employment by the same employer in the grade 
 in which the workman was employed at the time of the 
 accident, uninterrupted by his absence of work due to 
 illness or any other unavoidable cause, (d) Where the 
 employer has been accustomed to pay to the workman 
 a sum to cover any special expenses entailed upon him 
 by the nature of his employment, the sum so paid shall 
 not be reckoned as part of the earnings, (e) In fixing 
 the amount of the payment, allowance shall be made for 
 any payment or benefit which the workman may receive 
 from the employer during his period of incapacity, (f) 
 In the case of partial incapacity the payments shall be 
 computed to equal, as closely as possible, fifty per cent 
 of the difference between the amount of the "average
 
 721 KANSAS ACT. 2Q2 
 
 earnings" of the workman before the accident, to be 
 computed as herein provided, and the average amount 
 which he is most probably able to earn in some suitable 
 employment or business after the accident, subject how- 
 ever, to the limitations hereinbefore provided. 
 
 Sec. 13. Payments to the injured workman. The 
 payments shall be made at the same time, place and in 
 the same manner as the wages of the workman were 
 payable at the time of the accident, but a judge of any 
 district court having jurisdiction upon the application 
 of either party may modify such regulation in a particu- 
 lar case as to him may seem just. 
 
 Sec. 14. Compensation to dependents, etc. Where 
 death results from the injury and the dependents of the 
 deceased workman as herein defined, have agreed to ac- 
 cept compensation, and the amount of such compensa- 
 tion and the apportionment thereof between them has 
 been agreed to or otherwise determined, the employer 
 may pay such compensation to them accordingly (or to 
 an administrator if one be appointed) and thereupon be 
 discharged from all further liability for the injury. 
 Where only the apportionment of the agreed compensa- 
 tion between the dependents is not agreed to, the em- 
 ployer may pay the amount into any district court hav- 
 ing jurisdiction, or to the administrator of the deceased 
 workman, with the same effect. Where the compensa- 
 tion has been so paid into court or to an administrator, 
 the proper court, upon the petition of such administra- 
 tor or any of such dependents, and upon such notice and 
 proof as it may order shall determine the distribution 
 thereof among such dependents. Where there are no 
 dependents, medical and funeral expenses may be paid 
 and distributed in like manner. 
 
 Sec. 15. The payments due under this act, as well 
 as any judgment obtained thereunder, shall not be as- 
 signable or subject to levy, execution or attachment, 
 except for medicine, medical attention and nursing and 
 
 46 BOYD W C
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 722 
 
 no claim of any attorney at law for service rendered in 
 securing such indemnity or compensation or judgment 
 shall be an enforceable lien thereon, unless the same has 
 been approved in writing by the judge of the court 
 where said case was tried; but if no trial was had, then 
 by any judge of the district court of this state to whom 
 such matter has been regularly submitted, on due notice 
 to the party or parties in interest of such submission. 
 
 Sec. 16. Reports as to accidents and compensation. 
 Employers affected by this act shall report annually 
 to the state commissioner and factory inspector such 
 reasonable particulars in regard thereto as he may re- 
 quire, including particulars as to all releases of liability 
 under this act and any other law. The penalty for fail- 
 ure to report or for false report shall invalidate any such 
 release of liability. 
 
 Sec. 17. Medical examination. (a) After an injury 
 to the employe, if so requested by his employer, the em- 
 ploye must submit himself for examination at some rea- 
 sonable time to a reputable physician selected by the 
 employer, and from time to time thereafter during the 
 pendency of his claim for compensation, or during the 
 receipt by him for payment, under this act, but he shall 
 not be required to so submit himself, more than once in 
 two weeks unless in accordance with such orders as may 
 be made by the proper court or judge thereof. Either 
 party may upon demand require a report of any exam- 
 ination made by the physician of the other party upon 
 payment of a fee of one dollar therefor, (b) If the em- 
 ployes request he shall be entitled to have a physician 
 of his own selection present at the time to participate in 
 such examinations, (c) Unless there has been a reason- 
 able opportunity thereafter for such physician selected 
 by the employe to participate in the examination in the 
 presence of the physician selected by the employer, the 
 physician selected by the employer shall not be per- 
 mitted afterwards to give evidence of the condition of
 
 7 2 3 KANSAS ACT. 
 
 the employe in a dispute as to the injury, (d) Except as 
 provided herein in this act there shall be no other dis- 
 qualification or privilege preventing the testimony of a 
 physician who actually makes an examination. 
 
 Sec. 18. Medical examination by neutral physician. 
 In case of a dispute as to the injury, the committee, 
 or arbitrator as hereinafter provided, or the judge of the 
 district court shall have the power to employ a neutral 
 physician of good standing and ability, whose duty it 
 shall be, at the expense of the parties, to make an exam- 
 ination of the injured person, as the court may direct, 
 on the petition of either or both the employer and em- 
 ploye or dependents. 
 
 Sec. 19. Testimony by court physician. If the em- 
 ployer or the employe has a physician make such an ex- 
 amination and no reasonable opportunity is given to the 
 other party to have his physician make examination, 
 then, in case of a dispute as to the injury, the physician 
 of the party making such examination shall not give evi- 
 dence before the court unless a neutral physician either 
 has examined or then does examine the injured em- 
 ploye and give testimony regarding the injuries. 
 
 Sec. 20. Refusal of medical examination. If the 
 employe shall refuse examination by physician selected 
 by the employer, with the presence of a physician 
 of his own selection, and shall refuse an examination by 
 the physician appointed by the court, he shall have no 
 right to compensation during the period from refusal 
 until he, or someone in his behalf, notifies the employer 
 or the court that he is willing to have such examination. 
 
 Sec. 21. Certificate of physician. A physician mak- 
 ing an examination shall give to the employer and to the 
 workman a certificate as to the condition of the work- 
 man, but such certificate shall not be competent evi- 
 dence of that condition unless supported by his testi- 
 mony if his testimony would have been admissible. 
 
 Sec. 22. Notice and claim. Proceedings for the
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 724 
 
 recovery of compensation under this act shall not be 
 maintainable unless written notice of the accident, stat- 
 ing the time, place, and particulars thereof, and the 
 name and address of the person injured, has been given 
 within ten days after the accident, and unless a claim 
 for compensation has been made within six months after 
 the accident, or in case of death, within six months from 
 the date thereof. Such notice shall be delivered by reg- 
 istered mail, or by delivery to the employer. The want 
 of, or any defect in such notice, or in its service, shall 
 not be a bar unless the employer proves that he has, in 
 fact, been thereby prejudiced, or if such want or defect 
 was occasioned by mistake, physical or mental incapac- 
 ity or other reasonable cause, and the failure to make a 
 claim within the period above specified shall not be a 
 bar, if such failure was occasioned by a mistake, physi- 
 cal or mental incapacity or other reasonable cause. 
 
 Sec. 23. Agreements. Compensation due under 
 this act may be settled by agreement. Every such agree- 
 ment, other than a release, shall be in the form herein- 
 after provided. 
 
 Sec. 24. Arbitrations. If compensation be not so 
 settled by agreement: (a) If any committee representa- 
 tive of the employer and the workman exists, organized 
 for the purpose of settling disputes under this act, the 
 matter shall, unless either party objects by notice in 
 writing delivered or sent by registered mail to the other 
 party before the committee meets to consider the mat- 
 ter, be settled in accordance with its rules by such com- 
 mittee or by an arbitrator selected by it. (b) If either 
 party so objects, or there is no such committee, or the 
 committee or the arbitrator to whom it refers the matter 
 fails to settle it within sixty days from the date of the 
 claim, the matter may be settled by a single arbitrator 
 agreed on by the parties, or appointed by any judge of a 
 court where an action might be maintained. The consent 
 to arbitration shall be in writing and signed by the
 
 7 2 5 KANSAS ACT. 292 
 
 parties and may limit the fees of the arbitrator and the 
 time within which the award must be made. And unless 
 such consent and the order of appointment expressly re- 
 fers other questions, only the question of the amount of 
 compensation shall be deemed to be in issue. 
 
 Sec. 25. The duties of arbitrator. The arbitrator 
 shall not be bound by technical rules of procedure or 
 evidence, but shall give the parties reasonable oppor- 
 tunity to be heard and act reasonably and without par- 
 tiality. He shall make and file his award, with the con- 
 sent to arbitration attached in the office of the clerk of 
 the proper district court within the time limited in the 
 consent, or if no time limit is fixed therein, within sixty 
 days after his selection, and shall give notice of such 
 filing to the parties by mail. 
 
 Sec. 26. Arbitrator's fees. The arbitrator's fees 
 shall be fixed by the consent to arbitration or be agreed 
 to by the parties before the arbitration, and if not so 
 fixed or agreed to, they shall not exceed $10.00 per day, 
 for not to exceed ten days, and disbursements for ex- 
 pense. The arbitrator shall tax or apportion the costs 
 of such fees in his discretion and shall add the amount 
 taxed or apportioned against the employer to the first 
 payment made under the award, and he shall note the 
 amount of his fees on the award, and shall have a lien 
 therefor on the first payments due under the award. 
 
 Sec. 27. Form of agreements and award. Every 
 agreement for compensation and every award shall be 
 in writing, signed and acknowledged by the parties or 
 by the arbitrator or secretary of the committee herein- 
 before referred to, and shall specify the amount due and 
 unpaid by the employer to the workman up to the date 
 of the agreement or award, and if any, the amount of 
 the payments thereafter to be paid by the employer to 
 the workman and the length of time such payments 
 shall continue. 
 
 Sec. 28. Filing agreements, awards, etc. It shall
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 726 
 
 be the duty of the employer to file or cause to be filed 
 every release of liability hereunder, every agreement 
 for or award of compensation, or modifying an agree- 
 ment for or award of compensation, under this act, if 
 not filed by the committee or arbitrator, to which he is 
 a party, or a sworn copy thereof, in the office of the dis- 
 trict court in the county in which the accident occurred 
 within sixty days after it is made, otherwise it shall be 
 void as against the workman. The said clerk shall ac- 
 cept, receipt for, and file any such release, agreement or 
 award, without fee, and record and index it in the book 
 kept for that purpose. Nothing herein shall be con- 
 strued to prevent the workman from filing such agree- 
 ment or award. 
 
 Sec. 29. Agreements and awards When canceled. 
 At any time within one year after an agreement or 
 award has been so filed, a judge of a district court hav- 
 ing jurisdiction may, upon the application of either 
 party, cancel such agreement or award, upon such terms 
 as may be just, if it be shown to his satisfaction that the 
 workman has returned to work and is earning approxi- 
 mately the same or higher wages as or than he did be- 
 fore the accident, or that the agreement or award 
 has been obtained by fraud or undue influence, 
 or that the committee or arbitrator making the award 
 acted without authority or was guilty of serious mis- 
 conduct, or that the award is grossly inadequate or 
 grossly excessive, or if the employe absents himself so 
 that a reasonable examination of his condition cannot 
 be made, or has departed beyond the boundaries of the 
 United States or Canada. 
 
 Sec. 30. Staying proceedings upon agreement or 
 award. At any time after the filing of an agreement or 
 award and before judgment has been granted thereon, 
 the employer may stay proceedings thereon by filing in 
 the office of the clerk of the district court wherein such 
 agreements or award is filed: (a) A proper certificate
 
 7 2 7 KANSAS ACT. 
 
 of a qualified insurance company that the amount of the 
 compensation to the workman is insured by it; (b) A 
 proper bond undertaking to secure the payment of the 
 compensation. Such certificate or bond shall first be 
 approved by a judge of the said district court. 
 
 Sec. 31. Judgment upon agreement or award. At 
 any time after an agreement or award has been filed, 
 the workman may apply to the said district court for 
 judgment against the employer for a lump sum equal to 
 eighty per cent of the amount of payments due and un- 
 paid and prospectively due under the agreement or 
 award; and, unless the agreement or award be stayed, 
 modified or canceled, or the liability thereunder be re- 
 deemed or otherwise discharged, the court shall exam- 
 ine the workman under oath, and if satisfied that the 
 application is made because of doubt as to the security 
 of his compensation, shall compute the sum and direct 
 judgment accordingly, as if in an action; provided, that 
 if the employer shall give a good and sufficient bond, 
 approved by the court, no execution shall issue on such 
 judgment so long as the employer continues to make 
 payments in accordance with the original agreement or 
 award undiminished by the discount. 
 
 Sec. 32. Review or modification of agreement or 
 award. An agreement or award may be modified at 
 any time by a subsequent agreement; or, at any time 
 after one year from the date of filing; it may be re- 
 viewed, upon the application of either party on the 
 ground that the incapacity of the workman has subse- 
 quently increased or diminished. Such application shall 
 be made to the said district court; and, unless the parties 
 consent to arbitration, the court may appoint a medical 
 practitioner to examine the workman and report to it ; 
 and upon his report and after hearing the evidence of 
 the parties, the court may modify such agreement or 
 award, as may be just, by ending, increasing or dimin-
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 728 
 
 ishing the compensation, subject to the limitations here- 
 inbefore provided. 
 
 Sec. 33. Redemption of liability. Where any pay- 
 ment has been continued for not less than six months 
 the liability therefor may be redeemed by the employer 
 by the payment to the workman of a lump sum of an 
 amount equal to eighty per cent of the payments which 
 may become due according to the award, such amount 
 to be determined by agreement, or, in default thereof, 
 upon application, to a judge of a district court having 
 jurisdiction. Upon paying such amount the employer 
 shall be discharged from all further liability on account 
 of the injury, and be entitled to a duly executed release, 
 upon filing which or other due proof of payment, the 
 liability upon any agreement or award shall be dis- 
 charged of record. 
 
 Sec. 34. Insurance. Where the payment of com- 
 pensation to the workman is insured, by a policy or 
 policies, at the expense of the employer, the insurer 
 shall be subrogated to the rights and duties under this 
 act of the employer, so far as appropriate. 
 
 Sec. 35. Courts. All references hereinbefore to a 
 district court of the state of Kansas having jurisdiction 
 of a civil action between the parties shall be construed 
 as relating to the then existing code of civil procedure. 
 Such court shall make all rules necessary and appro- 
 priate to carry out the provisions of this act. 
 
 Sec. 36. Actions. A workman's right to compen- 
 sation under this act, may, in default of agreement or 
 arbitration, be determined and enforced by action in 
 any court of competent jurisdiction. In every such ac- 
 tion the right to trial by jury shall be deemed waived 
 and the case tried by the court without a jury, unless 
 either party, with his notice of trial, or when the case is 
 placed upon the calendar demand a jury trial. The 
 judgment in the action, if in favor of the plaintiff, shall 
 be for a lump sum equal to the amount of the payments
 
 KANSAS ACT. 2Q2 
 
 then due and prospectively due under this act, with inter- 
 est on the payments overdue, or, in the discretion of the 
 trial judge, for periodical payments as in an award. 
 Where death results from injury, the action shall be 
 brought by the dependent or dependents entitled to the 
 compensation or by the legal representative of the de- 
 ceased for the benefit of the dependents as herein de- 
 fined; and in such action the judgment may provide for 
 the proportion of the award to be distributed to or be- 
 tween the several dependents; otherwise such propor- 
 tions shall be determined by the proper probate court. 
 An action to set aside a release or other discharge of lia- 
 bility on the ground of fraud or mental incompetency 
 may be joined with an action for compensation under 
 this act. No action or proceeding provided for in this act 
 shall be brought or maintained outside of the state of 
 Kansas, and notice thereof may be given by publication 
 against nonresidents of the state in the manner now pro- 
 vided by article 7 of chapter 95, General Statutes of Kan- 
 sas of 1909 so far as the same may be applicable, and by 
 personal service of a true copy of the first publication 
 within twenty-one days after the date of the said first 
 publication, unless excused by the court upon proper 
 showing that such service cannot be made. 
 
 Sec. 37. When the cause of action accrues. The 
 cause of action shall be deemed in every case, including 
 a case where death results from the injury to have ac- 
 crued to the injured workman at the time of the acci- 
 dent; and the time limited in which to commence an 
 action for compensation therefor shall run as against 
 him, his legal representatives and dependents from that 
 date. 
 
 Sec. 38. Attorney's liens. Contingent fees of at- 
 torneys for services and proceedings under this act shall 
 in every case be subject to approval by the court. 
 
 Sec. 39. Certificate required. If the superinten- 
 dent of insurance by and with the advice and written
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 730 
 
 approval of the attorney general certifies that any 
 scheme of compensation, benefit or insurance for the 
 workman of an employer in any employment to which 
 this act applies, whether or not such scheme includes 
 other employers and their workmen, provides scales of 
 compensation not less favorable to the workmen and 
 their dependents than the corresponding scales con- 
 tained in this act, and that, where the scheme provides 
 for contributions by the workman, the scheme confers 
 benefits at least equivalent to those contributions, in 
 addition to the benefits to which the workmen would 
 have been entitled under this act or their equivalents, 
 the employer, may, while the certificate is in force, con- 
 tract with any of his workmen that the provisions of the 
 scheme shall be substituted for the provisions of this 
 act; and thereupon the employer shall be liable only in 
 accordance with that scheme ; but, save as aforesaid, 
 this act shall not apply notwithstanding any contract to 
 the contrary made after this act becomes a law. 
 
 Sec. 40. Condition to certificate. No ^scheme shall 
 be so certified which does not contain suitable provisions 
 for the equitable distribution of any moneys or securi- 
 ties held for the purpose of the scheme, after due provi- 
 sion has been made to discharge the liabilities already ac- 
 crued, if and when such certificate is revoked or the 
 scheme otherwise terminated. 
 
 Sec. 41. Certificate to be revocable. If at any time 
 the scheme no longer fulfills the requirements of this 
 article, or is not fairly administered, or other valid and 
 substantial reasons therefor exist, the superintendent of 
 insurance by and with the attorney general shall revoke 
 the certificate and the scheme shall thereby be termin- 
 ated. 
 
 Sec. 42. Information to be reported. Where a 
 certified scheme is in effect the employer shall answer 
 all such inquiries and furnish all such accounts in regard 
 thereto as may be required by the superintendent.
 
 73 ! KANSAS ACT. 2Q2 
 
 Sec. 43. The superintendent of insurance may make 
 all rules and regulations necessary to carry out the pur- 
 poses of the four preceding sections. 
 
 Sec. 44. All employers as defined by this act who 
 shall elect to come within the provisions of this act and 
 of all acts amendatory hereof shall do so by filing a state- 
 ment to such effect with the secretary of state of this 
 state at any time after taking effect of this act, which 
 election shall be binding upon such employer for the 
 term of one year from the date of the filing of such 
 statement, and thereafter, without further act on his 
 part, for successive terms of one year each, unless such 
 employer shall, at least sixty days prior to the expira- 
 tion of such first or of any succeeding year, file in the 
 office of the secretary of state a notice in writing to 
 the effect that he withdraws his election to be subject 
 to the provisions of this act. Notice of such election or 
 withdrawal shall be forthwith posted by such employer 
 in conspicuous places in and about his place of business. 
 
 Sec. 45. Every employe entitled to come within the 
 provisions of this act, shall be presumed to have done 
 so unless he serve written notice, before injury, upon his 
 employer that he elects not to accept thereunder and 
 thereafter any such employe desiring to change his elec- 
 tion shall only do so by serving written notice thereof 
 upon his employer. Any contract wherein an employer 
 requires of an employe as a condition of employment 
 that he shall elect not to come within the provisions of 
 this act shall be void. 
 
 Sec. 46. In any action to recover damages for a 
 personal injury sustained within this state by an em- 
 ploye (entitled to come within the provisions of this act) 
 while engaged in the line of his duty as such or for death 
 resulting from personal injury so sustained, in which 
 recovery is sought upon the ground of want of due 
 care of the employer or of any officer, agent or servant 
 of the employer, where such employer is within the pro-
 
 292 WORKMEN'S COMPENSATION AND INSURANCE. 732 
 
 visions hereof, it shall not be a defense to any employer 
 (as herein in this act defined) who shall not have elect- 
 ed, as hereinbefore provided, to come within the provis- 
 ions of this act: (a) That the employe either expressly 
 or impliedly assumed the risk of the hazard complained 
 of; (b) that the injury or death was caused in whole or 
 in part by the want of due care of a fellow servant; (c) 
 that such employe was guilty of contributory negligence 
 but such contributory negligence of said employe shall 
 be considered by the jury in assessing the amount of 
 recovery. 
 
 Sec. 47. In an action to recover damages for a per- 
 sonal injury sustained within this state by an employe 
 (entitled to come within the provisions of this act) 
 while engaged in the line of his duty as such or for 
 death resulting from personal injury so sustained in 
 which recovery is sought upon the ground of want of 
 due care of the employer or of any officer, agent or 
 servant of the employer, and where such employer has 
 elected to come and is within the provisions of this act 
 as hereinbefore provided, it shall be a defense for such 
 employer in all cases where said employe has elected 
 not to come within the provisions of this act: (a) That 
 the employe either expressly or impliedly assumed the 
 risk of the hazard complained of; (b) that the injury 
 or death was caused in whole or in part by the want of 
 due care of a fellow servant; (c) that said employe was 
 guilty of contributory negligence; provided, however, 
 that none of these defenses shall be available where the 
 injury was caused by the willful or gross negligence of 
 such employer, or of any managing officer, or managing 
 agent of said employer, or where under the law existing 
 at the time of the death or injury such defenses are not 
 available. 
 
 Sec. 48. Nothing in this act shall be construed to 
 amend or repeal section 6999 of the General Statutes of 
 Kansas of 1909, or House bill No. 240 of the Session of
 
 733 KANSAS ACT. 2Q2 
 
 1911, the same being "An act relating to the liability 
 of common carriers by railroads to their employes in 
 certain cases, and repealing all acts and parts of acts so 
 far as the same are in conflict herewith." 
 
 293. Formal procedure under the act. The 
 
 Kansas Workmen's Compensation Act is administered 
 by the Bureau of Labor and Factory Inspection, whose 
 offices are located in the Capitol Building at Topeka. 
 The only printed matter used by this bureau in connec- 
 tion with the administration of this law at the time this 
 is written is "a blank form for use of employers in filing 
 notice of election to be governed by this law." This 
 form is set out in the following section : 
 
 294. Form of election of employer to come with- 
 in the provisions of the act. 
 
 State of Kansas, 1 
 County, J ss: 
 
 To the Secretary of State: 
 
 You are hereby notified that hereby elects to 
 
 come under the provisions of Chapter 218, Session Laws of 1911, 
 being an act entitled "An Act to Provide Compensation for Work- 
 men Injured in Certain Hazardous Industries"; that said 
 
 is an employer of labor, and is engaged in the business of 
 
 in the State of Kansas. 
 
 Before me, the undersigned, a notary public in and for the 
 
 county of comes 
 
 who is personally known to me to be the same person who exe- 
 cuted the foregoing instrument of writing, and such person duly 
 acknowledged the same to be his voluntary act and deed, and that 
 he has full authority and power to sign said instrument in writing 
 and to execute the same for the purposes in said writing therein 
 set out. 
 
 Witness my hand and notarial seal, this 
 
 day of 19 
 
 Notary Public. 
 My commission expires 19
 
 CHAPTER XVII. 
 
 THE NEW HAMPSHIRE WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 295. The nature and scope of 299. Form of declaration of em- 
 
 the act. ployer. (a) 
 
 296. Text of the New Hampshire 300. Form of report of indus- 
 
 compensation act. trial accident to bureau of 
 
 297. Administration of the New labor, (b) 
 
 Hampshire workmen's 301. Form of supplemental re- 
 compensation act. port of industrial accident 
 
 298. Formal procedure List of to bureau of labor, (c) 
 
 forms. 
 
 295. The nature and scope of act. The New 
 Hampshire Act applies to five extra hazardous employ- 
 ments and is optional in form. The employer in these 
 employments is denied the defenses of fellow servant 
 and assumption of risk but not that of contributory neg- 
 ligence. The employe is denied relief where his injury 
 is caused in full or in part by intoxication, violation of 
 law or serious or wilful misconduct. The injuries cov- 
 ered by the act are those which incapacitate the em- 
 ploye for more than two weeks. The employe loses all 
 right to the benefits of the act by commencing suit for 
 his injuries after acceptance of its provisions. The pro- 
 visions of Sec. 2, the liability section of the act, shall 
 not apply to any employer who shall have filed with 
 the Commissioner of Labor his declaration in writing 
 that he accepts the succeeding sections, viz. 3 to 13 in- 
 clusive, and shall have satisfied the Commissioner of 
 his financial ability to comply or has filed his bond in 
 such form and amount as the Commissioner may pre- 
 scribe. Any person aggrieved by any decision of the 
 commission respecting the filing of declaration or bonds 
 or matters connected therewith by the employer may ap- 
 
 735
 
 296 WORKMEN'S COMPENSATION AND INSURANCE. 736 
 
 ply by petition to any justice of the superior court for a 
 review of such decision. The justice's decision thereon is 
 final. The compensation provided by the act may be 
 determined by agreement, or by an action at equity in 
 any court having jurisdiction of an action for recovery 
 of damages for negligence. In death cases the court may 
 apportion to each dependent his share of the judgment, 
 and in the absence of such determination any person 
 interested in the judgment may bring proceedings in a 
 probate court of proper jurisdiction and have the ap- 
 portionment made. 
 
 296. Text of the New Hampshire compensation 
 act. The act became operative January 1, 1912. It 
 provides : 
 
 Section 1. This act shall apply only to workmen 
 engaged in manual or mechanical labor in the employ- 
 ments described in this section, which, from the nature, 
 conditions or means of prosecution of such work, are 
 dangerous to the life and limb of workmen engaged 
 therein, because in them the risks of employment and 
 the danger of injury caused by fellow servants are great 
 and difficult to avoid, (a) The operation on steam or 
 electric railroads of locomotives, engines, trains or cars, 
 or the construction, alteration, maintenance or repair of 
 steam railroad tracks or road beds over which such loco- 
 motives, engines, trains or cars are or are to be oper- 
 ated, (b) Work in any shop, mill, factory or other 
 place on, in connection with or in proximity to any 
 hoisting apparatus, or any machinery propelled or oper- 
 ated by steam or other mechanical power in which shop, 
 mill, factory or other place five or more persons are 
 engaged in manual or mechanical labor, (c) The con- 
 struction, operation, alteration or repair of wires or 
 lines of wires, cables, switch-boards or apparatus, 
 charged with electric currents, (d) All work necessitat- 
 ing dangerous proximity to gunpowder, blasting pow-
 
 737 NEW HAMPSHIRE ACT. 296 
 
 der, dynamite or any other explosives, where the same 
 are used as instrumentalities of the industry, or to any 
 steam boiler owned or operated by the employer, pro- 
 vided injury is occasioned by the explosion of any such 
 boiler or explosive, (e) Work in or about any quarry, 
 mine or foundry. As to each of said employments it is 
 deemed necessary to establish a new system of compen- 
 sation for accidents to workmen. 
 
 Sec. 2. If, in the course of any of the employments 
 above described, personal injury by accident arising out 
 of and in the course of the employment is caused to any 
 workman employed therein, in whole or in part, by fail- 
 ure of the employer to comply with any statute, or with 
 any order made under authority of law, or by the negli- 
 gence of the employer or any of his or its officers, agents 
 or employes, or by reason of any defect or insufficiency 
 due to his, its or their negligence in the condition of his 
 or its plant, ways, works, machinery, cars, engines, 
 equipment, or appliances, then such employer shall be 
 liable to such workmen for all damages occasioned to 
 him, or, in case of his death, to his personal representa- 
 tives for all damages now recoverable under the provi- 
 sions of chapter 191 of the Public Statutes. The work- 
 man shall not be held to have assumed the risk of any 
 injury due to any cause specified in this section; but 
 there shall be no liability under this section for any 
 injury to which it shall be made to appear by a prepond- 
 erance of evidence that the negligence of the plaintiff 
 contributed. The damages provided for by this section 
 shall be recovered in an action on the case for negli- 
 gence. 
 
 Sec. 3. The provisions of section 2 of this act shall 
 not apply to any employer who shall have filed with the 
 commissioner of labor his declaration in writing that he 
 accepts the provisions of this act as contained in the 
 succeeding sections, and shall have satisfied the commis- 
 sioner of labor of his financial ability to comply with its 
 
 47 BOYD W
 
 296 WORKMEN'S COMPENSATION AND INSURANCE. 738 
 
 provisions, or shall have filed with the commissioner of 
 labor a bond, in such form and amount as the commis- 
 sioner may prescribe, conditioned on the discharge by 
 such employer of all liability incurred under this act. 
 Such bond shall be enforced by the commissioner of 
 labor for the benefit of all persons to whom such em- 
 ployer may become liable under this act in the same 
 manner as probate bonds are enforced. The commis- 
 sioner may, from time to time, order the filing of new 
 bonds, when in his judgment such bonds are necessary; 
 and after thirty days from the communication of such 
 order to any employer, such employer shall be subject 
 to the provisions of section 2 of this act until such order 
 has been complied with. The employer may at any 
 time revoke his acceptance of the provisions of the suc- 
 ceeding sections of this act by filing with the commis- 
 sioner of labor a declaration to that effect, and by post- 
 ing copies of such declaration in conspicuous places 
 about the place where his workmen are employed. Any 
 person aggrieved by any decision of the commissioner 
 under this section may apply by petition to any justice 
 of the superior court for a review of such decision and 
 said justice on notice and hearing shall make such order 
 affirming, reversing or modifying such decision as jus- 
 tice may require; and such order shall be final. Such 
 employer shall be liable to all workmen engaged in any 
 of the employments specified in section 1, for any injury 
 arising out of and in the course of their employment, in 
 the manner provided in the following sections of this 
 act. Provided, that the employer shall not be liable in 
 respect of any injury which does not disable the work- 
 man for a period of at least two weeks from earning 
 full wages at the work at which he was employed, and, 
 provided, that the employer shall not be liable in respect 
 of any injury to the workman which is caused in whole 
 or in part by the intoxication, violation of law, or serious 
 or wilful misconduct of the workman. Provided, fur-
 
 739 NEW HAMPSHIRE ACT. 296 
 
 ther, that the employer shall at the election of the work- 
 man, or his personal representative, be liable under the 
 provisions of section 2 of this act for all injury caused in 
 whole or in part by wilful failure of the employer to 
 comply with any statute, or with any order made under 
 authority of law. 
 
 Sec. 4. The right of action for damages caused by 
 any such injury, at common law, or under any statute 
 in force on January one, nineteen hundred and eleven, 
 shall not be affected by this act, but in case the injured 
 workman, or in event of his death his executoror admin- 
 istrator, shall avail himself of this act, either by accept- 
 ing any compensation hereunder, by giving the notice 
 hereinafter prescribed, or by beginning proceedings 
 therefor in any manner on account of any such injury, 
 he shall be barred from recovery in every action at 
 common law or under any other statute on account of 
 the same injury. In case after such injury the work- 
 man, or in the event of his death his executor or admin- 
 istrator, shall commence any action at common law or 
 under any statute other than this act against the em- 
 ployer therefor, he shall be barred from all benefit of 
 this act in regard thereto. 
 
 Sec. 5. No proceedings for compensation under 
 this act shall be maintained unless notice of the accident 
 as hereinafter provided has been given to the employer 
 as soon as practicable after the happening thereof and 
 before the workman has voluntarily left the employ- 
 ment in which he was injured and during such disability, 
 and unless claim for compensation has been made 
 within six months from the occurrence of the accident, 
 or in case of the death of the workman, or in the event 
 of his physical or mental incapacity, within six months 
 after such death or the removal of such physical or 
 mental incapacity, or in the event that weekly payments 
 have been made under this article, within six months 
 after such payments have ceased, but no want or defect
 
 296 WORKMEN'S COMPENSATION AND INSURANCE. 740 
 
 or inaccuracy of a notice shall be a bar to the main- 
 tenance of proceedings unless the employer proves that 
 he is prejudiced by such want, defect or inaccuracy. 
 Notice of the accident shall apprise the employer of the 
 claim for compensation under this article, and shall 
 state the name and address of the workman injured, 
 and the date and place of the accident. The notice may 
 be served personally or by sending it by mail in a regis- 
 tered letter addressed to the employer at his last known 
 residence or place of business. 
 
 Sec. 6. (1) The amount of compensation shall be, 
 in case death results from injury: (a) If the workman 
 leaves any widow, children or parents, resident of this 
 state, at the time of his death, then wholly dependent 
 on his earnings, a sum to compensate them for loss, 
 equal to one hundred and fifty times the average weekly 
 earnings of such workman when at work on full time 
 during the preceding year during which he shall have 
 been in the employ of the same employer, or if he shall 
 have been in the employment of the same employer for 
 less than a year then one hundred and fifty times his 
 average weekly earnings on full time for such less 
 period. But in no event shall such sum exceed three 
 thousand dollars. Any weekly payments made under 
 this act shall be deducted from the sum so fixed, (b) If 
 such widow, children or parents at the time of his death 
 are in part only dependent upon his earnings, such pro- 
 portion of the benefits provided for those wholly de- 
 pendent as the amount of the wage contributed by the 
 deceased to such partial dependents at the time of in- 
 jury bore to the total wage of the deceased, (c) If he 
 leaves no such dependents, the reasonable expenses of 
 his medical attendance and burial, not exceeding one 
 hundred dollars. Whatever sum may be determined to 
 be payable under this act in case of death of the injured 
 workman shall be paid to his legal representative for 
 the benefit of such dependents, or if he leaves no such
 
 741 NEW HAMPSHIRE ACT. 296 
 
 dependents, for the benefit of the persons to whom the 
 expenses of medical attendance and burial are due. 
 
 (2) Where total or partial incapacity for work at 
 any gainful employment results to the workman from 
 the injury, a weekly payment commencing at the end of 
 the second week after the injury and continuing during 
 such incapacity, subject as herein provided, not exceed- 
 ing fifty per centum of his average weekly earnings 
 when at work on full time during the preceding year 
 during which he shall have been in the employment of 
 the same employer, or if he shall have been in the em- 
 ployment of the same employer for less than a year, 
 then a weekly payment of not exceeding one-half the 
 average weekly earnings on full time for such less 
 period. In fixing the amount of the weekly payment, 
 regard shall be had to the difference between the 
 amount of the average earnings of the workman before 
 the accident and the average amount he is able to earn 
 thereafter as wages in the same employment or other- 
 wise. In fixing the amount of the weekly payment, 
 regard shall be had to any payment, allowance or bene- 
 fit which the workman may have received from the 
 employer during the period of his incapacity, and in the 
 case of partial incapacity the weekly payment shall in 
 no case exceed the difference between the amount of the 
 average weekly earnings of the workman before the 
 accident and the average weekly amount which he is 
 earning or is able to earn in the same employment or 
 otherwise after the accident, but shall amount to one- 
 half of such difference. In no event shall any compen- 
 sation paid under this act exceed the. damage suffered, 
 nor shall any weekly payment payable under this act in 
 any event exceed ten dollars a week or extend over more 
 than three hundred weeks from the date of the accident. 
 Such payment shall continue for such period of three 
 hundred weeks provided total or partial disability con- 
 tinue during such period. No such payment shall be
 
 296 WORKMEN'S COMPENSATION AND INSURANCE. 742 
 
 due or payable for any time prior to the giving of the 
 notice required by section 5 of this act. 
 
 Sec. 7. Any workman entitled to receive weekly 
 payments under this act is required, if requested by the 
 employer, to submit himself for examination by a duly 
 qualified medical practitioner or surgeon provided and 
 paid for by the employer, at a time and place reasonably 
 convenient for the workman, within two weeks after 
 the injury, and thereafter at intervals not oftener than 
 once in a week. If the workman refuses to submit to such 
 examination, or obstructs the same, his right to weekly 
 payments shall be suspended until such examination 
 has taken place, and no compensation shall be payable 
 during or for account of such period. 
 
 Sec. 8. In case an injured workman shall be men- 
 tally incompetent at the time when any right or privi- 
 lege accrues to him under this act, the guardian of the 
 incompetent appointed pursuant to law may, on behalf 
 of such incompetent, claim and exercise any such right 
 or privilege with the same force and effect as if the 
 workman himself had been competent and had claimed 
 or exercised any such right or privilege, and no limita- 
 tion of time in this act provided for shall run so long as 
 said incompetent workman has no guardian. 
 
 Sec. 9. Any question as to compensation which 
 may arise under this act shall be determined by agree- 
 ment or by an action at equity, as hereinafter provided. 
 In case the employer fail to make compensation as here- 
 in provided, the injured workman, or his guardian, if 
 such be appointed, or his executor or administrator, 
 may then bring an action to recover compensation un- 
 der this act in any court having jurisdiction of an action 
 for recovery of damages for negligence for the same in- 
 jury between the same parties. Such action shall be by 
 petition in equity, which may be made returnable at the 
 appropriate term of the superior court or may be filed 
 in the office of the clerk of the superior court and pre-
 
 743 NEW HAMPSHIRE ACT. 296 
 
 sented in term time or vacation to any justice of said 
 court, who on reasonable notice shall hear the parties 
 and render judgment thereon. The judgment in such 
 action if in favor of the plaintiff shall be for a lump sum 
 equal to the amount of payments then due and prospec- 
 tively due under this act. In such action by an executor 
 or administrator the judgment may provide the pro- 
 portions of the award or the costs to be distributed to or 
 between the several dependents. If such determina- 
 tion is not made it shall be determined by the probate 
 court in which such executor or administrator is ap- 
 pointed, in accordance with this act, on petition of any 
 party interested, on such notice as such court may di- 
 rect. Any employer who has declared his intention to 
 act under the compensation features of this act shall also 
 have the right to apply by similar proceedings to the 
 superior court or to any justice thereof for a determin- 
 ation of the amount of the weekly payments to be paid 
 the injured workman, or of a lump sum to be paid the 
 injured workman in lieu of such weekly payments ; and 
 either such employer or workman may apply to said 
 superior court or to any justice thereof in similar pn> 
 ceeding for the determination of any other question 
 that may arise under the compensation feature of this 
 act; and said court or justice, after reasonable notice 
 and hearing, may make such order as to the matter in 
 dispute and taxable costs as justice may require. 
 
 Sec. 10. Any person entitled to weekly payments 
 under this act against any employer shall have the same 
 preferential claim therefor against the assets of the em- 
 ployer as is allowed by law for a claim by such person 
 against such employer for unpaid wages or personal 
 services. Weekly payments due under this act shall not 
 be assignable or subject to levy, execution, attachment 
 or satisfaction of debts. Any right to receive compen- 
 sation under this act shall be extinguished by the death 
 of the person entitled thereto. 
 
 Sec. 11. No daim of any attornev~at-law for any
 
 297 WORKMEN'S COMPENSATION AND INSURANCE. 744 
 
 contingent interest in any recovery under this act for 
 services in securing such recovery or for disbursements 
 shall be an enforceable lien on such recovery, unless the 
 account of the same be approved in writing by a justice 
 of the superior court, or, in case the same be tried in any 
 court, by the justice presiding at such trial. 
 
 Sec. 12. Every employer subject to the provisions 
 of this act, shall from time to time make to the commis- 
 sioner of labor such returns as to its operation as said 
 commissioner may require upon blanks to be furnished 
 by said commissioner. Any employer failing to make 
 such returns when required by said commissioner shall, 
 until such returns are made, be subject to the provisions 
 of section 2 of this act. 
 
 297. Administration of the New Hampshire work- 
 men's compensation act. The New Hampshire com- 
 pensation act does not provide for a board charged with 
 duties of administration. In this respect it is similar to 
 the New Jersey act and is presumed to work automati- 
 cally. The act, however, provides that the commission- 
 er of labor shall prescribe certain forms of declaration 
 and reports of industrial accidents to be filled out by 
 employers covered by the act and filed with the bureau 
 of labor. 
 
 298. Formal procedure List of forms. The com- 
 missioner of labor of New Hampshire, pursuant to the 
 provisions of the act, has prescribed three forms which 
 are required to be used by employers covered by the 
 act. They are designated as follows: (a) Declaration 
 of employer that he accepts the provision of the act; 
 (b) Report of industrial accident Part I; (c) Supple- 
 mental report of industrial accident Part II. 
 
 299. Form of declaration of employer, (a) 
 To the Commissioner of Labor of the State of New Hampshire. 
 
 Concord, N. H.: 
 
 The undersigned in accordance 
 
 with Section 3 of Chapter 163 of the Laws of New Hampshire of
 
 745 NEW HAMPSHIRE ACT. 299 
 
 1911, hereby declares that it accepts the provisions of the said 
 Chapter 163, Laws of 1911, relating to compensation payable to 
 injured workmen in its employ, and attaches hereto a copy of its 
 
 last financial statement for the period ending as 
 
 evidence of its ability to comply with the provisions of the said 
 
 act. 
 
 (SEAL) 
 
 ATTEST: BY 
 
 STATE OF 1 
 
 COUNTY OF J SS " 
 
 On this day of in the year before me personally 
 
 came to me known, who being by me 
 
 duly sworn, did depose and say that he resides in ; 
 
 that he is the of 
 
 the corporation described in and which executed the foregoing instru- 
 ment; that he knows the seal of said corporation; that the seal 
 affixed to said instrument is such corporate seal; that it was so 
 affixed by order of the Board of Directors of said corporation, 
 and that he signed his name thereto by like order. 
 
 ( SEAL) 
 
 Notary Public. 
 
 300. Form of report of industrial accident to bu- 
 reau of labor, (b) 1 
 
 Part I. 
 
 Employer, place and time. 
 
 No Employer's name Office address: Street 
 
 and No City or town State Nature 
 
 of business Location of plant or place of work where 
 
 accident occurred, if not at office address . 
 
 The injured person 
 
 Name Address Age Nativity 
 
 What language spoken and understood? Parent or guard- 
 ian, if minor State whether manual or mechanical labor, 
 
 and employment as specified in a, b, c, d, e, of section 1, chapter 163, 
 Laws of 19111 a Length of experience (here and else- 
 where) in this employment Regular occupation, or not 
 
 Piece or time worker Wages, or average earnings per day 
 
 Working days per week 
 
 The injury 
 
 Date an exact hour of accident Date notice was received 
 
 by employer State fully nature and extent of injury , 
 
 Employment or department in which accident occurred 
 
 Machine or appliance causing Accident 
 Name of machine, tool, device or other appliance Did the 
 
 Immediate report. 
 See ante, 296.
 
 301 WORKMEN'S COMPENSATION AND INSURANCE. 746 
 
 employe thoroughly understand the machine, tool or device and was 
 he properly Instructed regarding its operation; cleaning when not 
 
 in operation; how to shut off power quickly 
 
 What safeguards? Was machine, or part of machine, 
 
 or appliance on which accident occurred defective? 
 
 Had management been notified of defect? 
 
 Medical Attendance 
 
 Attending physician, or hospital where sent 
 
 Name Address 
 
 301. Form of supplemental report of industrial 
 accident to bureau of labor, (c) 2 
 
 Part II. 
 
 Name of employer Name of injured person 
 
 Extent of Disability 
 Did injury result in death? If not, has it caused 
 
 a. Permanent total disability (meaning inability to do any work)? 
 
 If so, state nature of permanent injury or condition 
 
 causing such disability 
 
 b. Permanent partial disability (meaning ability to do some work 
 
 but not of same kind or amount as before accident) ? 
 
 If so, state nature of permanent injury or condition causing such 
 
 disability On what date was work resumed? 
 
 Present wages, or average earnings, per day at such work 
 
 c. Temporary disability (meaning that injured person has been 
 able to resume same kind and amount of work as before acci- 
 dent)? If so, for how many working days did such 
 
 disability last? 
 
 d. Disability, the extent of which is not known two weeks after 
 
 first report? If so, state estimated period of disa- 
 
 ability 
 
 (In this case the employer is expected to keep a record from 
 which report of ultimate extent of disability can be furnished when 
 requested.) 
 
 Dependents 
 In case injury caused death or permanent total disability as shown 
 
 above, give name, address, age and relationship of each person 
 
 dependent on injured person's earnings: 
 
 Name Address Age 
 
 Relationship Date Report made out by 
 
 Whose position with 
 
 (Name of employer.) 
 
 Is 
 
 (Owner, superintendent or who.) 
 
 2 Report on disability. Part II, to be sent in at the end of two 
 weeks.
 
 CHAPTER XVIII. 
 
 THE MASSACHUSETTS WORKMEN'S COMPENSATION ACT. 
 
 Sec. Sec. 
 
 302. Nature and scope of the 313. 
 
 Massachusetts workmen's 
 
 compensation act. 
 803. Text of the Massachusetts 314. 
 
 compensation act. 
 
 304. Text of an act to authorize 
 
 certain mutual insurance 315. 
 companies to transact the 
 business of employers' 
 liability insurance, so- 
 called. 
 
 305. Text of an act relative to 316. 
 
 the insurance of com- 
 pensation to employe's for 
 personal injuries received 
 in the course of their em- 
 ployment. 317. 
 
 306. Text of an act to authorize 
 
 certain advances from the 
 treasury of the common- 318. 
 wealth to the Massachus- 
 setts employe's' insur- 319. 
 ance association. 
 
 307. Opinion of the supreme ju- 319. 
 
 dicial court sustaining 
 constitutionality of com- 320. 
 pensation act. 
 
 308. Rules of Industrial Acci- 321. 
 
 dent Board. 
 
 309. Formal procedure List of 
 
 forms. 322. 
 
 310. Form of notice to em- 
 
 ploye's, (a) 
 
 311. Form of notice of claim of 
 
 common-law rights, (b) 
 
 312. Form of notice of waiver 
 
 or rights under common 323. 
 
 law previously claimed. 
 
 (c) 324. 
 
 747 
 
 Form of agreement for re- 
 deeming liability by pay- 
 ment of lump sum. (d) 
 
 Form of notice that an em- 
 ployer has ceased to be a 
 subscriber, (e) 
 
 Form of notice to industrial 
 accident board that an in- 
 jured employe" has refused 
 to submit himself to an 
 examination, (f) 
 
 Form of notice to employe" 
 from industrial accident 
 board relative to his re- 
 fusal to submit himself to 
 an examination, (g) 
 
 Form of agreement in re- 
 gard to compensation. 
 00 
 
 Form of claim for com- 
 pensation for injury, (i) 
 
 Form of notice of injury. 
 
 (j) 
 Form of notice of injury. 
 
 (j) 
 
 Form of report of commit- 
 tee on arbitration, (k) 
 
 Form of application for re- 
 view of claim before full 
 board. (1) 
 
 Form of notice assessing 
 cost of proceedings before 
 arbitration committee up- 
 on party prosecuting or 
 defending same without 
 reasonable grounds, (m) 
 
 Form of receipt on account 
 of compensation, (n) 
 
 Form of settlement re- 
 ceipt, (o)
 
 302 WORKMEN'S COMPENSATION AND INSURANCE. 748 
 
 302. Nature and scope of the Massachusetts 
 workmen's compensation act. The Massachusetts act 
 affects directly or indirectly all employes, except domes- 
 tic servants and farm laborers. Employers who do not 
 insure under the act, but elect to remain under the com- 
 mon law are deprived of the defenses of contributory 
 negligence, negligence of fellow servant and assumption 
 of risk by the employe. The act allows the employer to 
 protect himself by becoming a subscriber to the Massa- 
 chusetts Employes Insurance Association, or by insuring 
 the liability to pay the compensation in a company, au- 
 thorized to do liability insurance business in Massachu- 
 setts. 
 
 The employe is deprived of all compensation where 
 the injury is caused by his own "serious and wilful mis- 
 conduct." The amount of the compensation is doubled 
 where the injury is due to the "serious and wilful mis- 
 conduct of his employer," or "of any person regularly 
 entrusted with and exercising the power of superintend- 
 ence." 
 
 An employe of a subscriber may elect to sue at law 
 by giving his employer notice in writing at the time of 
 his contract of hire, that he claims such right, or if the 
 contract of hire is made before the employer becomes a 
 subscriber, then the employe must give the notice with- 
 in thirty days of the notice of such subscription. 
 
 The act requires all employers to keep a record of 
 injuries received by employes in the course of their 
 employment, and report the same in detail within forty- 
 eight hours of their occurrence under penalty of a fine 
 of $50 for each failure to do so. 
 
 The act provides in considerable detail for the estab- 
 lishment of an industrial accident board, which is given 
 general supervision over all parties affected and this 
 board is clothed with quasi-judicial powers.
 
 749 MASSACHUSETTS ACT. 303 
 
 303. Text of the Massachusetts compensation act. 
 The act is divided into five parts and is as follows : 
 
 PART I MODIFICATION OF REMEDIES. 
 
 Sec. 1. In an action to recover damages for per- 
 sonal injury sustained by an employe in the course of 
 his employment, or for death resulting from personal 
 injury so sustained, it shall not be a defense : 
 
 1. That the employe was negligent; 
 
 2. That the injury was caused by the negligence of 
 a fellow employe; / 
 
 3. That the employe had assumed the risk of the 
 injury. 
 
 Sec. 2. The provisions of section one shall not apply 
 to actions to recover damages for personal injuries sus- 
 tained by domestic servants and farm laborers. 
 
 Sec. 3. The provisions of section one shall not 
 apply to actions to recover damages for personal injur- 
 ies sustained by employes of a subscriber. 
 
 Sec. 4. The provisions of sections one hundred and 
 twenty-seven to one hundred and thirty-five, inclusive, 
 and of one hundred and forty-one to one hundred and 
 forty-three, inclusive, of chapter five hundred and four- 
 teen of the acts of the year nineteen hundred and nine, 
 and of any acts in amendment thereof, shall not apply to 
 employes of a subscriber while this act is in effect. 
 
 Sec. 5. An employe of a subscriber shall be held to 
 have waived his right of action at common law to recov- 
 er damages for personal injuries if he shall not have 
 given his employer, at the time of his contract of hire, 
 notice in writing that he claimed such right, or if the 
 contract of hire was made before the employer became 
 a subscriber, if the employe shall not have given the 
 said notice within thirty days of notice of such subscrip- 
 tion. An employe who has given notice to his employer 
 that he claimed his right of action at common law may 
 waive such claim by a notice in writing which shall take
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 750 
 
 effect five days after it is delivered to the employer or 
 his agent. (See Ch. 666 Mass. Acts of 1912.) 
 
 PART II PAYMENTS. 
 
 Sec. 1. If an employe, who has not given notice 
 of his claim of common law rights of action, as pro- 
 vided in Part I, section five, or who has given such 
 notice and has waived the same, receives a personal 
 injury arising out of and in the course of his employ- 
 ment, he shall be paid compensation by the association, 
 as hereinafter provided, if his employer is a subscriber 
 at the time of the injury. 
 
 Sec. 2. If the employe is injured by reason of his 
 serious and wilful misconduct, he shall not receive com- 
 pensation. 
 
 Sec. 3. (As amended by Section 1 of Ch. 571, Acts 
 of 1912). If the employe is insured by reason of the 
 serious and wilful misconduct of a subscriber or of any 
 person regularly entrusted with and exercising the 
 powers of superintendence, the amounts of compensa- 
 tion hereinafter provided shall be doubled. In such 
 case the subscriber shall repay to the association the 
 extra compensation paid to the employe. If a claim is 
 made under this section, the subscriber shall be allowed 
 to appear and defend against such claim only. 
 
 Sec. 4. No compensation shall be paid under this 
 act for any injury which does not incapacitate the em- 
 ploye for a period of at least two weeks from earning 
 full wages, but if incapacity extends beyond the period 
 of two weeks, compensation shall begin on the fifteenth 
 day after the injury. 
 
 Sec. 5. During the first two weeks after the injury, 
 the association shall furnish reasonable medical and hos- 
 pital services, and medicines when they are needed. 
 
 Sec. 6. If death results from the injury, the associa- 
 tion shall pay the dependents of the employe, wholly 
 dependent upon his earnings for support at the time of 
 the injury, a weekly payment equal to one-half his aver-
 
 751 MASSACHUSETTS ACT. 303 
 
 age weekly wages, but not more than ten dollars nor 
 less than four dollars a week, for a period of three hun- 
 dred weeks from the date of the injury. If the em- 
 ploye leaves dependents only partly dependent upon his 
 earnings for support at the time of his injury, the asso- 
 ciation shall pay such dependents a weekly compensa- 
 tion equal to the same proportion of the weekly pay- 
 ments for the benefit of persons wholly dependent as 
 the amount contributed by the employe to such partial 
 dependents bears to the annual earnings of the de- 
 ceased at the time of his injury. When weekly pay- 
 ments have been made to an injured employe before his 
 death, the compensation to dependents shall begin from 
 the date of the last of such payments, but shall not con- 
 tinue more than three hundred weeks from the date of 
 the injury. 
 
 Sec. 7. The following persons shall be conclusive- 
 ly presumed to be wholly dependent for support upon 
 a deceased employe: 
 
 (a) A wife upon a husband with whom she lives 
 at the time of his death. 
 
 (b) A husband upon a wife with whom he lives at 
 the time of her death. 
 
 (c) A child or children under the age of eighteen 
 years (or over said age, but physically or mentally inca- 
 pacitated from earning) upon the parent with whom he 
 is or they are living at the time of the death of such 
 parent, there being no surviving dependent parent. In 
 case there is more than one child thus dependent, the 
 death benefit shall be divided equally among them. 
 
 In all other cases questions of dependency, in whole 
 or in part, shall be determined in accordance with the 
 fact, as the fact may be at the time of the injury ; and 
 in such other cases, if there is more than one person 
 wholly dependent, the death benefit shall be divided 
 equally among them, and persons partly dependent, if 
 any, shall receive no part thereof; if there is no one
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 752 
 
 wholly dependent and more than one person partly de- 
 pendent, the death benefit shall be divided among them 
 according to the relative extent of their dependency. 
 
 Sec. 8. If the employe leaves no dependents, the 
 association shall pay the reasonable expense of his last 
 sickness and burial, which shall not exceed two hundred 
 dollars. 
 
 Sec. 9. While the incapacity for work resulting 
 from the injury is total, the association shall pay the in- 
 jured employe a weekly compensation equal to one-half 
 his average weekly wages, but not more than ten dollars 
 nor less than four dollars a week; and in no case shall 
 the period covered by such compensation be greater than 
 five hundred weeks, nor the amount more than three 
 thousand dollars. 
 
 Sec. 10. While the incapacity for work resulting 
 from the injury is partial, the association shall pay the 
 injured employe a weekly compensation equal to one- 
 half the difference between his average weekly wages 
 before the injury and the average weekly wages which 
 he is able to earn thereafter, but not more than ten dol- 
 lars a week; and in no case shall the period covered by 
 such compensation be greater than three hundred weeks 
 from the date of the injury. 
 
 Sec. 11. (As amended by Section 2, Ch. 571, Acts 
 of 1912). In case of the following specified injuries 
 the amounts hereinafter named shall be paid in addition 
 to all other compensation: 
 
 (a) For the loss by severance of both hands at or 
 above the wrist, or both feet at or above the ankle, or 
 the loss of one hand and one foot, or the reduction to 
 one-tenth of normal vision in both eyes with glasses, 
 one-half of the average weekly wages of the injured per- 
 son, but not more than ten dollars nor less than four 
 dollars a week, for a period of one hundred weeks. 
 
 (b) For the loss by severance of either hand at or 
 above the wrist, or either foot at or above the ankle, or
 
 753 MASSACHUSETTS ACT. 303 
 
 the reduction to one-tenth of normal vision in either 
 eye with glasses, one-half the average weekly wages of 
 the injured person, but not more than ten dollars nor less 
 than four dollars a week, for a period of fifty weeks. 
 
 (c) For the loss by severance at or above the sec- 
 ond joint of two or more fingers, including thumbs, or 
 toes, one-half the average weekly wages of the injured 
 person, but not more than ten dollars nor less than four 
 dollars a week, for a period of twenty-five weeks. 
 
 (d) For the loss by severance of at least one 
 phalange of a finger, thumb, or toe, one-half the aver- 
 age weekly wages of the injured person, but not more 
 than ten dollars nor less than four dollars a week, for a 
 period of twelve weeks. 
 
 Sec. 12. No savings or insurance of the injured em- 
 ploye, independent of this act, shall be taken into con- 
 sideration in determining the compensation to be paid 
 hereunder, nor shall benefits derived from any other 
 source than the association be considered in fixing the 
 compensation under this act. 
 
 Sec. 13. The compensation payable under this act 
 in case of the death of the injured employe shall be 
 paid to his legal representative; or, if he has no legal 
 representative, to his dependents; or, if he leaves no de- 
 pendents, to the persons to whom payment of the ex- 
 penses for the last sickness and burial is due. If the 
 payment is made to the legal representative of the de- 
 ceased employe, it shall be paid by him to the depend- 
 ents or other persons entitled thereto under this act. 
 
 Sec. 14. If an injured employe is mentally incom- 
 petent or is a minor at the time when any right or 
 privilege accrues to him under this act, his guardian or 
 next friend may in his behalf claim and exercise such 
 right or privilege. 
 
 Sec. 15. No proceedings for compensation for an 
 injury under this act shall be maintained unless a notice 
 of the injury shall have been given to the association or 
 
 43 BOTD W C
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 754 
 
 subscriber as soon as practicable after the happening 
 thereof, and unless the claim for compensation with re- 
 spect to such injury shall have been made within six 
 months after the occurrence of the same; or, in case of 
 the death of the employe, or in the event of his physical 
 or mental incapacity, within six months after death or 
 the removal of such physical or mental incapacity. 
 
 Sec. 16. (As amended by Chapter 172, Acts of 1912, 
 and Section 3 of Chapter 571, Acts of 1912). The said 
 notice shall be in writing, and shall state in ordinary 
 language the time, place and cause of the injury, and 
 shall be signed by the person injured, or by a person in 
 his behalf, or, in the event of his death, by his legal rep- 
 resentative or by a person in his behalf, or by a person to 
 whom payments may be due under this act or by a per- 
 son in his behalf. Any form of written communication 
 signed by any person who may give the notice as above 
 provided, which contains the information that the per- 
 son has been so injured, giving the time, place and cause 
 of the injury, shall be considered a sufficient notice. 
 
 Sec. 17. The notice shall be served upon the asso- 
 ciation, or an officer or agent thereof, or upon the sub- 
 scriber, or upon one subscriber, if there are more sub- 
 scribers than one, or upon any officer or agent of a cor- 
 poration if the subscriber is a corporation, by delivering 
 the same to the person on whom it is to be served, or 
 leaving it at his residence or place of business, or by 
 sending it by registered mail addressed to the person or 
 corporation on whom it is to be served, at his last 
 known residence or place of business. 
 
 Sec. 18. A notice given under the provisions of this 
 act shall not be held invalid or insufficient by reason of 
 any inaccuracy in stating the time, place or cause of 
 the injury, unless it is shown that it was the intention 
 to mislead and the association was in fact misled there- 
 by. Want of notice shall not be a bar to proceedings 
 under this act, if it be shown that the association, sub- 
 scriber, or agent had knowledge of the injury.
 
 755 MASSACHUSETTS ACT. 303 
 
 Sec. 19. (As amended by section 4 of chapter 571, 
 Acts of 1912). After an employe has received an injury, 
 and from time to time thereafter during the continuance 
 of his disability he shall, if so requested by the associa- 
 tion or subscriber, submit himself to an examination by 
 a physician or surgeon authorized to practice medicine 
 under the laws of the commonwealth, furnished and 
 paid for by the association or subscriber. The em- 
 ploye shall have the right to have a physician pro- 
 vided and paid for by himself present at the examina- 
 tion. If he refuses to submit himself for the examina- 
 tion, or in any way obstructs the same, his right to com- 
 pensation shall be suspended, and his compensation 
 during the period of suspension may be forfeited. 
 
 Sec. 20. No agreement by an employe to waive his 
 rights to compensation under this act shall be valid. 
 
 Sec. 21. No payment under this act shall be as- 
 signable or subject to attachment, or be liable in any 
 way for any debts. 
 
 Sec. 22. Whenever any weekly payment has been 
 continued for not less than six months, the liability 
 therefor may in unusual cases be redeemed by the pay- 
 ment of a lump sum by agreement of the parties, sub- 
 ject to the approval of the industrial accident board. 
 
 Sec. 23. (As amended by section 5 of chapter 571, 
 Acts of 1912). The claim for compensation shall be in 
 writing and shall state the time, place, cause and nature 
 of the injury; it shall be signed by the person injured 
 or by a person in his behalf, or, in the event of his death, 
 by his legal representative or by a person in his behalf, 
 or by a person to whom payments may be due under 
 this act or by a person in his behalf, and shall be filed 
 with the industrial accident board. The failure to make 
 a claim within the period prescribed by section fifteen 
 shall not be a bar to the maintenance of proceedings 
 under this act if it is found that it was occasioned by 
 mistake or other reasonable cause.
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 756 
 PART III PROCEDURE. 
 
 Sec. 1. (As amended by section 6 of chapter 571, 
 Acts of 1912). There shall be an industrial accident 
 board consisting of five members, to be appointed by 
 'the governor, by and with the advice and consent of the 
 council, one of whom shall be designated by the gover- 
 nor as chairman. The term of office of members of this 
 board shall be five years, except that when first consti- 
 tuted one member shall be appointed for one year, one 
 for two years, one for three years, one for four years, 
 and one for five years. Thereafter one member shall be 
 appointed every year for the full term of five years. 
 
 Sec. 2. (As amended by section 7 of chapter 571, 
 Acts of 1912). The salaries and expenses of the board 
 shall be paid by the commonwealth. The salary of the 
 chairman shall be five thousand dollars a year, and the 
 salary of the other members shall be forty-five hundred 
 ($4,500) dollars a year each. The board may appoint a 
 secretary at a salary of not more than three thousand 
 dollars a year and may remove him. It shall also be al- 
 lowed an annual sum, not exceeding ten thousand dol- 
 lars, for clerical service, and travelling and other neces- 
 sary expenses. The board shall be provided with an 
 office in the state house or in some other suitable build- 
 ing in the city of Boston, in which its records shall be 
 kept. 
 
 Sec. 3. (As amended by section 8 of chapter 571, 
 Acts of 1912). The board may make rules not inconsist- 
 ent with this act for carrying out the provisions of the 
 act. Process and procedure under this act shall be as 
 summary as reasonably may be. The board or any mem- 
 ber thereof shall have the power to subpoena witnesses, 
 administer oaths, and to examine such parts of the books 
 and records of the parties to a proceeding as relate to 
 questions in dispute. ' The fees for attending as a 1 witness 
 before the industrial accident board shall be one dollar 
 and fifty cents a day, for attending before an arbitration
 
 757 MASSACHUSETTS ACT. 303 
 
 committee fifty cents a day; in both cases five cents a 
 mile for travel out and home. 
 
 The superior court shall have power to enforce by 
 proper proceedings the provisions of this section relat- 
 ing to the attendance and testimony of witnesses and 
 the examination of books and records. 
 
 Sec. 4. (As amended by section 9 of chapter 571, 
 Acts of 1912). If the association and the injured employe 
 reach an agreement in regard to compensation under 
 this act, a memorandum of the agreement shall be filed 
 with the industrial accident board and, if approved by 
 it, thereupon the memorandum shall for all purposes 
 be enforceable under the provisions of Part III, section 
 eleven. Such agreements shall be approved by said 
 board only when the terms conform to the provisions of 
 this act. 
 
 Sec. 5. (As amended by section 10 of chapter 571, 
 Acts of 1912). If the association and the injured employe 
 fail to reach an agreement in regard to compensation 
 under this act, either party may notify the industrial 
 accident board who shall thereupon call for the forma- 
 tion of a committee of arbitration. The committee of 
 arbitration shall consist of three members, one of whom 
 shall be a member of the industrial accident board and 
 shall act as chairman. The other two members shall be 
 named, respectively, by the two parties. If the sub- 
 scriber has appeared under the provisions of Part II, Sec- 
 tion 3, the member named by the association shall be 
 subject to his approval. If a vacancy occurs it shall be 
 filled by the party whose representative is unable to act. 
 
 The arbitrators appointed by the parties shall be 
 
 sworn by the chairman as follows : I, 
 
 do solemnly swear that I will faithfully perform my duty 
 as arbitrator and will not be influenced in my decision by 
 any feeling of friendship or partiality toward either party. 
 So help me God. 
 
 Sec. 6. (As amended by section 11, chapter 571,
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 758 
 
 Acts of 1912). It shall be the duty of the industrial acci- 
 dent board, upon notification that the parties have failed 
 to reach an agreement, to request both parties to ap- 
 point their respective representatives on the committee 
 of arbitration. The board shall designate one of its 
 members to act as chairman, and, if either party does 
 not appoint its member on this committee within seven 
 days after notification, as above provided, or after a 
 vacancy has occurred, the board or any member thereof 
 shall fill the vacancy and notify the parties to that effect. 
 
 Sec. 7. (As amended by section 12 of chapter 571, 
 Acts of 1912). The committee on arbitration shall make 
 such inquiries and investigations as it shall deem neces- 
 sary. The hearings of the committee shall be held in 
 the city or town where the injury occurred, and the deci- 
 sion of the committee together with a statement of the 
 evidence submitted before it, its findings of fact, rulings 
 of law and any other matters pertinent to questions 
 .arising before it shall be filed with the industrial accident 
 board. Unless a claim for a review is filed by either 
 party within seven days, the decision shall be enforcible 
 under the provisions of Part III, section eleven. 
 
 Sec. 8. The industrial accident board or any mem- 
 ber thereof may appoint a duly qualified impartial physi- 
 cian to examine the injured employe and to report. 
 The fee 1 for this service shall be five dollars and travelling 
 expenses, but the board may allow additional reasonable 
 amounts in extraordinary cases. 
 
 Sec. 9. The arbitrators named by or for the parties 
 to the dispute shall each receive five dollars as a fee for 
 his services, but the industrial accident board or any 
 member thereof may allow additional reasonable 
 amounts in extraordinary cases. The fees shall be paid 
 by the association, which shall deduct an amount equal 
 to one-third of the sum from any compensation found 
 due the employe. 
 
 Sec. 10. (As amended by section 13 of chapter 571, 
 Acts of 1912). If a claim for a review is filed, as provided
 
 759 MASSACHUSETTS ACT. 303 
 
 in Part III, section seven, the board shall hear the 
 parties and may hear evidence in regard to any or all 
 matters pertinent thereto and may revise the decision 
 of the committee in whole or in part, or may refer the 
 matter back to the committee for further findings of 
 fact, and shall file its decision with the records of the 
 proceedings and notify the parties thereof. No party 
 shall as a matter of right be entitled to a second hearing 
 upon any question of fact. 
 
 Sec. 11. (As amended by section 14 of chapter 571, 
 Acts of 1912). Any party in interest may present certi- 
 fied copies of an order or decision of the board, a deci- 
 sion of an arbitration committee from which no claim 
 for review has been filed within the time allowed there- 
 for, or a memorandum of agreement approved by the 
 board, and all papers in connection therewith, to the 
 superior court for the county in which the injury oc- 
 curred or for the county of Suffolk, whereupon said 
 court shall render a decree in accordance therewith and 
 notify the parties. Such decree shall have the same 
 effect and all proceedings in relation thereto shall there- 
 after be the same as though rendered in a suit duly heard 
 and determined by said court, except that there shall be 
 no appeal therefrom upon questions of fact, or where 
 the decree is based upon a decision of an arbitration 
 committee or a memorandum of agreement, and that 
 there shall be no appeal from a decree based upon an 
 order or decision of the board which has not been pre- 
 sented to the court within ten days after the notice of 
 the filing thereof by the board. Upon the presentation 
 to it of a certified copy of a decision of the industrial 
 accident board ending, diminishing or increasing a 
 weekly payment under the provisions of Part III, sec- 
 tion twelve, the court shall revoke or modify the decree 
 to conform to such decision. 
 
 Sec. 12. Any weekly payment under this act may 
 be reviewed by the industrial accident board at the re-
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 760- 
 
 quest of the association or of the employe; and on such 
 review it may be ended, diminished or increased, sub- 
 ject to the maximum and minimum amounts above pro- 
 vided, if the board finds that the condition of the em- 
 ploye warrants such action. 
 
 Sec. 13. Fees of attorneys and physicians for services 
 under this act shall be subject to the approval of the 
 industrial accident board. 
 
 Sec. 14. If the committee of arbitration, industrial 
 accident board, or any court before whom any proceed- 
 ings are brought under this act determines that such 
 proceedings have been brought, prosecuted, or defended 
 without reasonable ground, it shall assess the whole cost 
 of the proceedings upon the party who has so brought,, 
 prosecuted or defended them. 
 
 Sec. 15. Where the injury for which compensation 
 is payable under this act was caused under circum- 
 stances creating a legal liability in some person other 
 than the subscriber to pay damages in respect thereof,, 
 the employe may at his option proceed either at law 
 against that person to recover damages, or against the 
 association for compensation under this act, but not 
 against both; and if compensation be paid under this 
 act, the association may enforce in the name of the em- 
 ploye, or in its own name and for its own benefit, the 
 liability of such other person. 
 
 Sec. 16. (As amended by section 15 of chapter 571, 
 Acts of 1912). All questions arising under this act, if not 
 settled by agreement by the parties interested therein, 
 shall, except as otherwise herein provided, be deter- 
 mined by the industrial accident board. The decisions 
 of the industrial accident board shall for all purposes 
 be enforceable under the provisions of Part III, section 
 eleven. 
 
 Sec. 17. If a subscriber enters into a contract, writ- 
 ten or oral, with an independent contractor to do such 
 subscriber's work, or if such a contractor enters into-
 
 761 MASSACHUSETTS ACT. 303 
 
 a contract with a subcontractor to do all or any part of 
 the work comprised in such contract with the subscriber, 
 and the association would, if such work were executed 
 by employes immediately employed by the subscriber, 
 be liable to pay compensation under this act to those 
 employes, the association shall pay to such employes 
 any compensation which would be payable to them un- 
 der this act if the independent or subcontractors were 
 subscribers. The association, however, shall be entitled 
 to recover indemnity from any other person who would 
 have been liable to such employes independently of this 
 section, and if the association has paid compensation 
 under the terms of this section, it may enforce in the 
 name of the employe, or in its own name and for the 
 benefit of the association, the liability of such other per- 
 son. This section shall not apply to any contract of 
 an independent or subcontractor which is merely ancil- 
 lary and incidental to, and is no part of or process in, 
 the trade or business carried on by the subscriber, nor 
 to any case where the injury occurred elsewhere than 
 on, in, or about the premises on which the contractor has 
 undertaken to execute the work for the subscriber or 
 which are under the control or management of the sub- 
 scriber. 
 
 Sec. 18. Every employer shall hereafter keep a rec- 
 ord of all injuries, fatal or otherwise, received by his 
 employes in the course of their employment. Within 
 forty-eight hours, not counting Sundays and legal holi- 
 days, after the occurrence of an accident resulting in 
 personal injury a report thereof shall be made in writing 
 to the industrial accident board on blanks to be procured 
 from the board for the purpose. 
 
 Upon the termination of the disability of the injured 
 employe or, if such disability extends beyond a period 
 of sixty days, at the expiration of such period, the em- 
 ployer shall make a supplemental report on blanks to be 
 procured from the board for that purpose.
 
 303 WORKMEN'S COMPENSATION AND INSURANCE. 762 
 
 The said reports shall contain the name and nature 
 of the business of the employer, the location of the es- 
 tablishment, the name, age, sex and occupation of the 
 injured employe, and shall state the date and hour of the 
 accident, the nature and cause of the injury, and such 
 other information as may be required by the board. 
 
 Any employer who refuses or neglects to make the 
 report required by this section shall be punished by a 
 fine of not more than fifty dollars for each offense. 
 
 PART IV THE MASSACHUSETTS EMPLOYES INSURANCE 
 ASSOCIATION.! 
 
 Sec. 1. The Massachusetts Employes Insurance As- 
 sociation is hereby created a body corporate with the 
 powers provided in this act and with all the general 
 corporate powers incident thereto. 
 
 Sec. 2. The governor shall appoint a board of di- 
 rectors of the association, consisting of fifteen members, 
 who shall serve for a term of one year, or until their suc- 
 cessors are elected by ballot by the subscribers at such 
 time and for such term as the by-laws shall provide. 
 
 Sec. 3. Until the first meeting of the subscribers 
 the board of directors shall have and exercise all the 
 powers of the subscribers, and may adopt by-laws not 
 inconsistent with the provisions of this act, which shall 
 be in effect until amended or repealed by the subscribers. 
 
 Sec. 4. The board of directors shall annually choose 
 by ballot a president, who shall be a member of the 
 board, a secretary, a treasurer, and such other officers 
 as the by-laws shall provide. 
 
 Sec. 5. Seven or more of the directors shall con- 
 stitute a quorum for the transaction of business. 
 
 Vacancies in any office may be filled in such manner 
 as the by-laws shall provide. 
 
 Sec. 6. Any employer in the commonwealth may 
 become a subscriber. 
 
 igee chapter 721, Acts of 1912.
 
 763 MASSACHUSETTS ACT. 303 
 
 Sec. 7. The board of directors shall, within thirty 
 days of the subscription of twenty-five employers, call 
 the first meeting of the subscribers by a notice in writ- 
 ing mailed to each subscriber at his place of business 
 not less than ten days before the date fixed for the 
 meeting. 
 
 Sec. 8. In any meeting of the subscribers each sub- 
 scriber shall be entitled to one vote, and if a subscriber 
 has five hundred employes to whom the association is 
 bound to pay compensation he shall be entitled to two 
 votes, and he shall be entitled to one additional vote for 
 each additional five hundred employes to whom the as- 
 sociation is bound to pay compensation, but no sub- 
 scriber shall cast, by his own right or by the right of 
 proxy, more than twenty votes. 
 
 Sec. 9. No policy shall be issued by the association 
 until not less than one hundred employers have sub- 
 scribed, who have not less than ten thousand employes 
 to whom the association may be bound to pay compen- 
 sation. 
 
 Sec. 10. No policy shall be issued until a list of 
 the subscribers, with the number of employes of each, 
 together with such other information as the insurance 
 commissioner may require, shall have been filed at the 
 insurance department, nor until the president and secre- 
 tary of the association shall have certified under oath 
 that every subscription in the list so filed is genuine and 
 made with an agreement by every subscriber that he 
 will take the policies subscribed for by him within thirty 
 days of the granting of a license to the association by 
 the insurance commissioner to issue policies. 
 
 Sec. 11. If the number of subscribers falls below 
 one hundred, or the number of employes to whom the 
 association may be bound to pay compensation falls be- 
 low ten thousand, no further policies shall be issued 
 until other employers have subscribed who, together 
 with existing subscribers, amount to not less than one
 
 303 WORKMEN'S COMPENSATION AND INSURANCE. 764 
 
 hundred who have not less than ten thousand employes, 
 said subscriptions to be subject to the provisions con- 
 tained in the preceding section. 
 
 Sec. 12. Upon the riling of the certificate provided 
 for in the two preceding sections the insurance commis- 
 sioner shall make such investigation as he may deem 
 proper and, if his findings warrant it, grant a license 
 to the association to issue policies. 
 
 Sec. 13. The board of directors shall distribute the 
 subscribers into groups in accordance with the nature 
 of the business and the degree of the risk of injury. 
 
 Subscribers within each group shall annually pay in 
 cash, or notes absolutely payable, such premiums as 
 may be required to pay the compensation herein pro- 
 vided for the injuries which may occur in that year. 
 
 Sec. 14. The association may in its by-laws and 
 policies fix the contingent mutual liability of the sub- 
 scribers for the payment of losses and expenses not pro- 
 vided for by its cash funds ; but such contingent liability 
 of a subscriber shall not be less than an amount equal to 
 and in addition to the cash premium. 
 
 Sec. 15. If the association is not possessed of cash 
 funds above its unearned premiums sufficient for the 
 payment of incurred losses and expenses, it shall make 
 an assessment for the amount needed to pay such losses 
 and expenses upon the subscribers liable to assessment 
 therefor in proportion to their several liability. 
 
 Every subscriber shall pay his proportional part of 
 any assessments which may be laid by the association, 
 in accordance with law and his contract, on account of 
 injuries sustained and expenses incurred while he is a 
 subscriber. 
 
 Sec. 16. The board of directors may, from time to 
 time, by vote fix and determine the amount to be paid 
 as a dividend upon policies expiring during each year 
 after retaining sufficient sums to pay all the compensa-
 
 765 MASSACHUSETTS ACT. 303 
 
 tion which may be payable on account of injuries sus- 
 tained and expenses incurred. 
 
 All premiums, assessments, and dividends shall be 
 fixed by and for groups as heretofore provided in ac- 
 cordance with the experience of each group, but all the 
 funds of the association and the contingent liability 
 of all the subscribers shall be available for the payment 
 of any claim against the association. 
 
 Sec. 17. Any proposed premium, assessment, divi- 
 dent or distribution of subscribers shall be filed with the 
 insurance department and shall not take effect until ap- 
 proved by the insurance commissioner after such in- 
 vestigation as he may deem necessary. (See chapter 
 666, Acts of 1912). 
 
 Sec. 18. The board of directors shall make and en- 
 force reasonable rules and regulations for the preven- 
 tion of injuries on the premises of subscribers, and for 
 this purpose the inspectors of the association shall have 
 free access to all such premises during regular working 
 hours. 
 
 Any subscriber or employe aggrieved by any such 
 rule or regulation may petition the industrial accident 
 board for a review, and it may affirm, amend, or annul 
 the rule or regulation. 
 
 Sec. 19. If any officer of the association shall falsely 
 make oath to any certificate required to be filed with 
 the insurance commissioner, he shall be guilty of per- 
 jury. 
 
 Sec. 20. Every subscriber shall, as soon as he se- 
 cures a policy, give notice in writing or print, to all 
 persons under contract of hire with him that he has pro- 
 vided for payment to injured employes by the associa- 
 tion. 
 
 Sec. 21.. (As amended by section 16 of chapter 571, 
 Acts of 1912). Every subscriber shall give notice in writ- 
 ing or print to every person with whom he is about to 
 enter into a contract of hire that he has provided for
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 766 
 
 payment to injured employes by the association. If an 
 employer ceases to be a subscriber he shall, on or before 
 the day on which his policy expires, give notice thereof 
 in writing or print to all persons under contract with 
 him. In case of the renewal of the policy no notice 
 shall be required under the provisions of this act. He 
 shall file a copy of said notice with the industrial acci- 
 dent board. The notices required by this and the pre- 
 ceding section may be given in the manner therein pro- 
 vided or in such other manner as may be approved by 
 the industrial accident board. 
 
 Sec. 22. If a subscriber, who has complied with all 
 the rules, regulations and demands of the association, 
 is required by any judgment of a court of law to pay 
 to an employe any damages on account of personal in- 
 jury sustained by such employe during the period of 
 such subscription, the association shall pay to the sub- 
 scriber the full amount of such judgment and the cost 
 assessed therewith, if the subscriber shall have given the 
 association notice in writing of the bringing of the action 
 upon which the judgment was recovered and an oppor- 
 tunity to appear and defend the same. 
 
 Sec. 23. The provisions of chapter five hundred and 
 seventy-six of the acts of the year nineteen hundred and 
 seven and of acts in amendment thereof shall apply to 
 the association, so far as such provisions are pertinent 
 and not in conflict with the provisions of this act, except 
 that the corporate powers shall not expire because of 
 failure to issue policies or make insurance. 
 
 Sec. 24. The board of directors appointed by the 
 governor under the provisions of Part IV, section two, 
 may incur such expenses in the performance of its duties 
 as shall be approved by the governor and council. Such 
 expenses shall be paid from the treasury of the common- 
 wealth and shall not exceed in amount the sum of fifteen 
 thousand dollars.
 
 767 MASSACHUSETTS ACT. 303 
 
 PART V MISCELLANEOUS PROVISIONS. 
 
 Section 1. If an employe of a subscriber files any 
 claim with or accepts any payment from the association 
 on account of personal injury, or makes any agreement, 
 or submits any question to arbitration, under this act, 
 such action shall constitute a release to the subscriber 
 of all claims or demands at law, if any, arising from the 
 injury. 
 
 Sec. 2. The following words and phrases, as used 
 in this act, shall, unless a different meaning is plainly 
 required by the context, have the following meaning: 
 
 "Employer" shall include the legal representative of 
 a deceased employer. 
 
 "Employe" shall include every person in the serv- 
 ice of another under any contract of hire, express or im- 
 plied, oral or written, except one whose employment is 
 but casual, or is not in the usual course of the trade, 
 business, profession or occupation of his employer. Any 
 reference to an employe who has been injured shall, 
 when the employe is dead, also include his legal repre- 
 sentatives, dependents and other persons to whom com- 
 pensation may be payable. 
 
 "Dependents" shall mean members of the employe's 
 family or next of kin who were wholly or partly de- 
 pendent upon the earnings of the employe for support 
 at the time of the injury. 
 
 "Average weekly wages" shall mean the earnings of 
 the injured employe during the period of twelve calen- 
 dar months immediately preceding the date of injury, 
 divided by fifty-two; but if the injured employe lost 
 more than two weeks' time during such period then the 
 earnings for the remainder of such twelve calendar 
 months shall be divided by the number of weeks re- 
 maining after the time so lost has been deducted. Where, 
 by reason of the shortness of the time during which the 
 employe has been in the employment of his employer, or
 
 33 WORKMEN'S COMPENSATION AND INSURANCE. 768 
 
 the nature or terms of the employment, it is impractic- 
 able to compute the average weekly wages, as above de- 
 fined, regard may be had to the average weekly amount 
 which, during the twelve months previous to the injury, 
 was being earned by a person in the same grade em- 
 ployed at the same work by the same employer; or, if 
 there is no person so employed by a person in the same 
 grade employed in the same class of employment and in 
 the same district. 
 
 "Association" shall mean the Massachusetts Em- 
 ployes Insurance Association. 
 
 "Subscriber" shall mean an employer who has be- 
 come a member of the association by paying a year's 
 premium in advance and receiving the receipt of the 
 association therefor, provided that the association holds 
 a license issued by the insurance commissioner as pro- 
 vided in Part IV, section twelve. 
 
 Sec. 3. (As amended by section 17 of chapter 571, 
 Acts of 1912). Any liability insurance company author- 
 ized to do business within this commonwealth shall have 
 the same right as the association to insure the liability to 
 pay the compensation provided for by Part II of this act, 
 and when such liability company issues a policy con- 
 ditioned to pay such compensation, the holder of such 
 policy shall be regarded as a subscriber so far as applic- 
 able within the meaning of this act, and when any such 
 company insures such payment of compensation it shall 
 be subject to the provisions of Parts I, II, III and V and 
 of section twenty-two of Part IV of this act, and shall 
 file with the insurance department its classifications of 
 risks and premiums relating thereto and any subsequent 
 proposed classifications or premiums, none of which 
 shall take effect until the insurance commissioner has 
 approved the same as adequate for the risks to which 
 they respectively apply. 
 
 Sec. 4. (As amended by section 18 of chapter 571, 
 Acts of 1912). Sections one hundred and thirty-six to
 
 769 MASSACHUSETTS ACT. 304 
 
 one hundred and thirty-nine, inclusive, of chapter five 
 hundred and fourteen of the acts of the year nineteen 
 hundred and nine are hereby repealed. 
 
 Sec. 5. The provisions of this act shall not apply 
 to injuries sustained prior to the taking effect thereof. 
 
 Sec. 6. (As amended by section 19 of chapter 571, 
 Acts of 1912). Part IV of this act shall take effect on the 
 first day of January, nineteen hundred and twelve ; sec- 
 tions one to three, inclusive, of Part III shall take effect 
 on the tenth day of May, nineteen hundred and twelve ; 
 the remainder thereof shall take effect on the first day of 
 July, nineteen hundred and twelve. 
 
 304. Text of act to authorize certain mutual in- 
 surance companies to transact the business of employ- 
 ers' liability insurance, so-called. This act, which be- 
 came effective March 22, 1912, provides: 
 
 Sec. 1. Section one of chapter two hundred and 
 fifty-one of the acts of the year nineteen hundred and 
 eleven is hereby amended by adding at the end thereof 
 the words: Mutual companies doing business and or- 
 ganized prior to April sixth, nineteen hundred and 
 eleven, to transact employers' liability business may 
 have and exercise all the rights and powers conferred by 
 this section upon companies which may be organized 
 hereunder, but such rights and powers shall not be ex- 
 ercised unless authorized by a two-thirds vote of the 
 policyholders present and voting at a meeting duly 
 called for that purpose, so as to read as follows: 
 Section 1. Ten or more persons who are residents of 
 this commonwealth may form an insurance company on 
 the mutual plan to insure any person, firm or corpora- 
 tion against loss or damage on account of the bodily 
 injury or death by accident of any person, or against 
 damage caused by automobiles to property of another, 
 for which loss or damage such person, firm or corpora- 
 tion is responsible. The corporation shall be formed in 
 
 49 BOYD W C
 
 35 WORKMEN'S COMPENSATION AND INSURANCE. 770 
 
 the manner described in, and be subject to, the provi- 
 sions of sections fifteen to twenty, inclusive, of chapter 
 one hundred and ten of the Revised Laws, except as is 
 otherwise provided herein. Mutual companies doing 
 business and organized prior to April sixth, nineteen 
 hundred and eleven, to transact employers' liability busi- 
 ness may have and exercise all the rights and powers 
 conferred by this section upon companies which may be 
 organized hereunder, but such rights and powers shall 
 not be exercised unless authorized by a two-thirds vote 
 of the policyholders present and voting at a meeting 
 duly called for that purpose. (Chapter 311, Acts of 
 1912.) 
 
 305. Text of act relative to the insurance of com- 
 pensation to employes for personal injuries received in 
 the course of their employment. This act, which be- 
 came operative May 28, 1912, provides: 
 
 Sec. 1. The insurance commissioner may with- 
 draw his approval of any premium or distribution of 
 subscribers given by him to the Massachusetts Em- 
 ployes Insurance Association under the provisions of 
 section seventeen of Part IV of chapter seven hundred 
 and fifty-one of the acts of the year nineteen hundred 
 and eleven, or of any premium or rate made by an in- 
 surance company and approved by him under the provi- 
 sions of section three of Part V of said chapter seven 
 hundred and fifty-one as amended by section seventeen 
 of chapter five hundred and seventy-one of the acts of 
 the year nineteen hundred and twelve. 
 
 Sec. 2. The notices required by section five of Part 
 I of said chapter seven hundred and fifty-one shall be 
 given in such manner as the industrial accident board 
 may approve. (Chapter 666, Acts of 1912.) 
 
 306. Text of act to authorize certain advances 
 from the treasury of the commonwealth to the Massa-
 
 77 * MASSACHUSETTS ACT. 305 
 
 chusetts employes insurance association. This act, 
 which became operative June 6, 1912, provides: 
 
 Sec. 1. For the purpose of enabling the Massa- 
 chusetts Employes Insurance Association to carry out 
 the provisions of Part IV of chapter seven hundred and 
 fifty-one of the acts of the year nineteen hundred and 
 eleven, the treasurer and receiver general, from time to 
 time, within one year after the date of the passage of 
 this act, may advance to the said association from the 
 treasury of the commonwealth sums of money not ex- 
 ceeding in the aggregate one hundred thousand dollars. 
 For the moneys so advanced the association shall exe- 
 cute and deliver to the treasurer its promissory notes 
 payable to the order of the commonwealth within four 
 years after the respective dates thereof, with interest at 
 the rate of four per cent, per annum, payable semi- 
 annually. The notes shall be signed by the treasurer 
 of said association and countersigned by its president, 
 and shall be payable either serially or by installments, 
 so that at least one-fourth of the aggregate indebted- 
 ness shall be paid in each calendar year, beginning with 
 the first day of January, nineteen hundred and thirteen. 
 
 Sec. 2. The treasurer and receiver general is here- 
 by authorized to borrow upon the credit of the com- 
 monwealth, from time to time, such amounts as may be 
 necessary to cover the advances authorized in section 
 one of this act. All money so borrowed shall be de- 
 posited in the state treasury, and the treasurer and re- 
 ceiver general shall pay out the same as ordered by said 
 association, and shall keep a separate and accurate ac- 
 count of all sums so borrowed and advanced. 
 
 Sec. 3. The provisions of Part IV of said chapter 
 seven hundred and fifty-one in regard to assessments to 
 provide for the payment of losses and expenses shall 
 also apply to and authorize assessments, so far as they 
 may be necesary, for the payment of said notes and of 
 the interest thereon.
 
 307 WORKMEN'S COMPENSATION AND INSURANCE. 772 
 
 Sec. 4. Notes issued under the provisions of this 
 act shall not be considered as rendering the association 
 deficient in funds, so long as the liability of subscribers 
 to assessment exceeds the amount of said notes less the 
 proceeds of said notes still in the hands of the associa- 
 tion. (Chapter 721, Acts of 1912.) 
 
 307. Opinion of the supreme judicial court sus- 
 taining constitutionality of compensation act. The 
 question of the constitutionality of the Massachusetts 
 act was submited to the supreme judicial court under the 
 following resolution of the senate: 
 
 Whereas, There is now before the Senate a bill en- 
 titled "An Act relative to payments to employes for 
 personal injuries received in the course of their employ- 
 ment and to the prevention of such injuries," being 
 House Document No. 2154; and 
 
 Whereas, No similar legislation has ever been en- 
 acted in this commonwealth; and 
 
 Whereas, An act for a similar purpose was enacted 
 in the State of New York, and has been decided to be 
 in violation of the constitution of the State of New 
 York and of the Fourteenth Amendment to the Consti- 
 tution of the United States ; and 
 
 Whereas, There appears to be no precedent bearing 
 on said subject in other jurisdictions in the United 
 States; 
 
 Be it ordered, That the opinion of the Justices of the 
 Supreme Judicial Court be required on the following 
 important questions of law: 
 
 First. Is the said bill, House Document No. 2154, 
 in conformity with the provisions of the constitution of 
 the commonwealth of Massachusetts which requires 
 that property shall not be taken from a citizen without 
 due process of law? 
 
 Second. Is the bill in conformity with the four- 
 teenth amendment to the Federal Constitution?
 
 773 MASSACHUSETTS ACT. 307 
 
 On July 24, 1911, the Justices sent to the Senate 
 their response 1 * in these words: 
 
 To the Honorable the Senate of the Commonwealth of 
 
 Massachusetts: 
 
 We have received the questions, of which a copy 
 with the act referred to therein and the amendment 
 adopted by the Senate, is hereto annexed, and after giv- 
 ing to them such consideration as we have been able to 
 give in the time at our disposal, we respectfully answer 
 them as follows : 
 
 The questions submitted to us are important, and 
 the proposed act involves a radical departure in the 
 manner of dealing with actions or claims for damages 
 for personal injuries received by employes in the course 
 of their employment from that which has heretofore 
 prevailed in this commonwealth; but we think that noth- 
 ing would be gained by an extended discussion and we 
 therefore content ourselves with stating briefly the con- 
 clusions to which we have come and our reasons there- 
 for. 
 
 The first section of the act (Part I, 1) provides 
 that "In an action to recover damages for personal in- 
 jury sustained by an employe in the course of his em- 
 ployment, or for death resulting from personal injury 
 so sustained, it shall not be a defense: 
 
 1. That the employe was negligent; 
 
 2. That the injury was caused by the negligence of 
 a fellow employe; 
 
 3. That the employe had assumed the risk of the 
 injury." 
 
 This section deals with actions at common law. We 
 construe clauses 1 and 2 in their reference to negligence 
 as meaning contributory negligence or negligence on 
 the part of a fellow servant which falls short of the se- 
 rious and wilful misconduct which under Part II, 2, 
 
 lain re Opinion of Justices, 209 Mass. 607, 96 N. E. 308.
 
 37 WORKMEN'S COMPENSATION AND INSURANCE. 774 
 
 will deprive an employe of compensation. So con- 
 strued we think that the section is constitutional. We 
 neither express nor intimate any opinion whether it 
 would be unconstitutional if otherwise construed. The 
 rules of law relating to contributory negligence and as- 
 sumption of the risk and the effect of negligence by a 
 fellow servant were established by the courts, not by 
 the Constitution, and the Legislature may change them 
 or do away with them altogether as defenses (as it has 
 to some extent in the employer's liability act) as in its 
 wisdom in the exercise of powers intrusted to it by the 
 Constitution it deems will be best for the "good and 
 welfare of this Commonwealth." See Missouri Pacific 
 Railway v. Mackey, 127 U. S. 205, 8 Sup. Ct. 1161, 32 
 L. ed. 107; Minnesota Iron Co. v. Kline, 199 U. S. 593, 
 50 L. ed. 322, 26 Sup. Ct. 159. The act expressly pro- 
 vides that it shall not apply to injuries sustained before 
 it takes effect. If, therefore, a right of action which 
 has accrued under existing laws for personal injuries 
 constitutes a vested right or interest, there is nothing 
 in the section which interferes with such rights or inter- 
 ests. The effect of the section is not to authorize the 
 taking of property without due process of law, as the 
 Court of Appeals of New York held was the case with 
 the statute referred to in the preamble to the questions 
 submitted to us, and which in consequence thereof was 
 declared by that court to be unconstitutional. Ives v. 
 South Buffalo Railway, 201 N. Y. 271, 94 N. E. 431. 
 Construing the section as we do and as we think that it 
 should be construed, it seems to us that there is noth- 
 ing in it which violates any rights secured by the State 
 or Federal Constitutions. We see nothing unconstitu- 
 tional in providing, as is done in Part I, 2, that the 
 provisions of 1 shall not apply to domestic servants 
 and farm laborers; nor in providing, as is done in Part 
 I, 5, that the employe shall be deemed to have waived 
 his right of action at common law if he shall not have
 
 775 MASSACHUSETTS ACT. 307 
 
 given notice to his employer as therein provided. The 
 effect of the provisions referred to is to leave it at the 
 employe's option whether he will or will not waive his 
 right of action at common law. See Foster v. Morse, 
 132 Mass. 354, 42 Am. Rep. 438. 
 
 The rest of the act deals mainly with a scheme for 
 providing, through the instrumentality of a corporation 
 established for that purpose entitled the Massachusetts 
 Employes Insurance Association, and the subscription 
 of employers thereto, for compensation to employes for 
 personal injuries received by them in the course of their 
 employment, and not due to serious and wilful miscon- 
 duct 6n their part. There is nothing in the act which 
 compels an employer to become a subscriber to the As- 
 sociation, or which compels an employe to waive his 
 right of action at common law and accept the compen- 
 sation provided for in the act. In this respect the act 
 differs wholly so far as the employer is concerned from 
 the New York statute above referred to. By subscrib- 
 ing to the Association an employer voluntarily agrees 
 to be bound by the provisions of the act. The same 
 is true of an employe who does not choose to stand 
 upon his common law rights. An employer who does 
 not subscribe to the Association will no longer have the 
 right in an action by his employe against him at com- 
 mon law to set up the defense of contributory negligence 
 or assumption of the risk, or to show that the injury 
 was caused by the negligence of a fellow servant. In 
 the case of an employe who does not accept the com- 
 pensation provided for by the act and whose employer 
 had become a subscriber to the Association, an action 
 no longer can be maintained for death under the em- 
 ployer's liability act. But these considerations do not 
 constitute legal compulsion or a deprivation of funda- 
 mental rights. We do not deem it necessary to take up 
 and consider in detail the numerous provisions by which 
 the right to compensation a*nd the amount thereof and
 
 37 WORKMEN'S COMPENSATION AND INSURANCE. 776 
 
 the persons entitled thereto and the course of pro- 
 cedure to be followed and matters relating thereto are 
 to be settled and determined. We assume, however, that 
 the meaning of 4 and 7 of Part III of the proposed 
 act is that the approved agreement or decision therein 
 mentioned is to be enforced by proper proceedings in 
 court, and not by process to be issued by the industrial 
 accident board itself. Taking in account the non-com- 
 pulsory character of the proposed act, we see nothing 
 in any of these provisions which is not "in conformity 
 with" the fourteenth amendment to the Federal Con- 
 stitution, or which infringes upon any provision of our 
 own Constitution in regard to the taking of property 
 "without due process of law." It is within the power 
 of the Legislature to provide that no agreement by an 
 employe to waive his rights to compensation under the 
 act shall be valid. See Missouri Pacific Railway v. 
 Mackey, 127 U. S. 205, 32 L. ed. 107, 8 Sup. Ct. 1161; 
 Minnesota Iron Co. v. Kline, 199 U. S. 593, 50 L. ed. 
 322, 26 Sup. Ct. 159. 
 
 In regard to the amendment it is to be observed that 
 no liability insurance company is obliged to insure, and 
 that if it chooses to do so there is nothing unconstitu- 
 tional in requiring that it and the policyholder shall be 
 governed by the provisions of the act so far as ap- 
 plicable. 
 
 It should be noted perhaps in the interest of accu- 
 racy that there is no phrase in our Constitution which 
 in terms requires that "property shall not be taken from 
 a citizen without due process of law." The quoted 
 words, which we take from the first question submitted 
 to us, are a paraphrase of what is contained in the 
 Constitution, but are not the language of the Constitu- 
 tion itself. 
 
 We have confined ourselves to the questions submit- 
 ted to us, and we answer both of them in the affirma- 
 tive.
 
 777 MASSACHUSETTS ACT. 308 
 
 Owing to their absence from the commonwealth, the 
 Chief Justice and Mr. Justice Loring have taken no 
 part in the consideration of the questions. 
 JAMES M. MORTON. 
 JOHN W. HAMMOND. 
 HENRY K. BRALEY. 
 HENRY N. SHELDON. 
 ARTHUR PRENTICE RUGG. 
 July 24, 1911. 
 
 308. Rules of Industrial Accident Board. The act 
 provides for the creation of the Industrial Accident 
 Board and invests it with the general supervision over 
 all parties affected by the act and quasi judicial powers. 
 This board under its authority to prescribe rules has 
 promulgated the following rules for the administration 
 of the law. 
 
 Rule 1. Manner of giving notice by employer of 
 acceptance of the act. If personal service is not made 
 of the notices required by sections 20 and 21 of Part IV, 
 chapter 751 of the Acts of 1911, and the amendments 
 thereto, said notices may be given by posting the same 
 at one or more of the principal entrances to the factory, 
 shop or place of business of the employer, and in each 
 room where labor is employed; said notices to be 
 printed or typewritten. 
 
 Supplement to Rule 1. It has been represented to 
 the Industrial Accident Board that it is possible that 
 employes may be engaged for labor away from the office 
 or headquarters of the subscriber, or may be employed 
 in more than one place or office, and that in these cases 
 personal notice is not always possible or practical. To 
 meet this situation the Board has passed the following 
 supplement to Rule No. 1 : 
 
 Where the same employes are employed in more 
 than one room in a building, or in various places, or 
 where employers are engaged in such business as that
 
 308 WORKMEN'S COMPENSATION AND INSURANCE. 778 
 
 of managing office buildings, and personal service of the 
 notices required by sections 20 and 21, Part IV, chapter 
 751 of the Acts of 1911, and amendments thereto, is not 
 made, said notices can be served by posting the same at 
 one or more of the principal entrances to each building 
 so managed, or where labor is employed, or by posting 
 the same in a conspicuous place near any time clock or 
 other registering device which employes in any such 
 building are required to use, or by posting the same at 
 the entrance to the office of the janitor of said building, 
 or by posting the same at the place where the employe 
 is hired. 
 
 Rule 2. Manner of giving notice by employe to em- 
 ployer. In each instance the notice shall be served up- 
 on the employer, or upon one employer if there are 
 more employers than one, or upon any officer or agent 
 of a corporation if the employer is a corporation, by 
 delivering the same to the person on whom it is to be 
 served, or by leaving it at his residence or place of busi- 
 ness, or by sending it by registered mail addressed to 
 the person or corporation on whom it is to be served, at 
 his last known residence or place of business. (Section 
 5, Part I, chapter 751, of the Acts of 1911, and amend- 
 ments thereto.) 
 
 Rule 3. Report of accidents by association or insur- 
 ance companies to the board. That the association and 
 liability insurance companies report to it all accidents 
 within five days after receipt of notice thereof by them 
 from any subscriber, by sending to the Industrial Acci- 
 dent Board a list or brief statement of the same. 
 
 Rule 4. Additional copy of employes claim for com- 
 pensation to be sent to insurance association or com- 
 pany. An employe making a claim for compensation 
 under this act shall furnish the association or insurance 
 company against whom said claim is made with a copy 
 thereof by mail or otherwise forthwith, upon the filing 
 of the same with the Industrial Accident Board. This
 
 779 MASSACHUSETTS ACT. 308 
 
 rule shall be without prejudice to any rights acquired 
 by the filing of said claim with the Board under the pro- 
 visions of Part II, section 23, chapter 751 of the Acts of 
 1911, and amendments thereto, or by other provisions 
 of said act. 
 
 Rule 5. Insurance association and companies to 
 notify industrial accident board of employers who insure 
 or cease to insure. That the Insurance association and 
 all liability insurance companies shall notify the indus- 
 trial accident board of the names and addresses of all 
 employers who insure their liability under the work- 
 men's compensation act, notice to be given forthwith 
 upon the issuance of such insurance and a further notice 
 to be given when employers cease to be so insured. 
 
 Rule 6. Agreements between the insurer and em- 
 ploye. Every agreement in regard to compensation un- 
 der this act is subject to approval by the Industrial Acci- 
 dent Board, and a memorandum of the same must be 
 filed with the Board, whether said agreement is written 
 or oral, and whether it is made by one or both parties, 
 or in the form of a receipt. Any weekly payment or 
 settlement under the act, whether purporting to be final 
 or otherwise, may be reviewed by the Board. (Section 
 20, Part II, and sections 4 and 12, Part III, chapter 751 
 of the Acts of 1911, and amendments thereto, and rule 
 adopted by the Board.) 
 
 The above paragraph of this rule shall be written or 
 printed at the head of every agreement regarding com- 
 pensation, and of every receipt taken by the insurer 
 from the employe. 
 
 Rule 7. Employer to file notice of insurance with 
 the board. Every employer shall file with the Industrial 
 Accident Board a copy of the form of notice, including 
 the signature thereto, which he has given to his em- 
 ployes that he has insured under this act. 
 
 Rule 8. Employer to notify employes of change of 
 insurer. Every employer shall notify his employes of
 
 39 WORKMEN'S COMPENSATION AND INSURANCE. 780 
 
 any change of insurer by serving or posting a new 
 "notice to employes," stating the name of the new in- 
 surance company or association insuring his liability 
 under this act, and riling a copy of such notice with the 
 Industrial Accident Board. 
 
 309. Formal procedure List of forms. The In- 
 dustrial Accident Board of Massachusetts, responding to 
 the duties imposed upon it by the law has prescribed 
 fifteen forms which are required to be used by employ- 
 ers, injured employes, insurance associations and liabil- 
 ity insurance companies covered by the act, together 
 with certain instructions which are designated as fol- 
 lows: 
 
 (a) Notice to employes (by employer) ; 
 
 (b) Notice of claim of common-law rights (by em- 
 ploye) ; 
 
 (c) Notice of waiver of rights under common law 
 previously claimed (by employe) ; 
 
 (d) Agreement for redeeming liability by payment 
 of lump sum (by employe and insurer) : 
 
 (e) Notice that an employer has ceased to be a 
 subscriber (by employer) ; 
 
 (f) Notice to industrial accident board that an in- 
 jured employe has refused to submit himself to an ex- 
 amination (by insurance association of company) ; 
 
 (g) Notice to employe from industrial accident 
 board relative to his refusal to submit himself to an 
 examination (by Industrial Accident Board) ; 
 
 (h) Agreement in regard to compensation (by em- 
 ploye and insurer) ; 
 
 (i) Claims for compensation for injury (by em- 
 ploye) ; 
 
 (j) Notice of injury (by employe); 
 
 (k) Report of committee on arbitration; 
 
 (1) Application for review of claims before full 
 board (by aggrieved party) ;
 
 781 MASSACHUSETTS ACT. 310 
 
 (m) Notice assessing cost of proceedings before 
 arbitration committee upon party prosecuting or de- 
 fending same without reasonable grounds (by employe 
 and insurer) ; 
 
 (n) Receipt on account of compensation (by em- 
 ploye) ; 
 
 (o) Settlement receipt (by employe). 
 
 These forms are given in full in the succeeding 
 pages in the foregoing order. 
 
 310. Form of notice to employes (a): 
 
 As required by chapter 751, of the Acts of 1911, Commonwealth 
 of Massachusetts, and amendments thereto, entitled "An Act rela- 
 tive to payment to employes for personal injuries received in the 
 course of their employment, and to the prevention of such injuries." 
 
 This will give you notice that I (we) have provided for payment 
 to our injured employes under the above act by insuring with the 
 Insurance Co. 
 
 Insert address of company here. 
 Date 
 
 Name of employer. 
 Address 
 
 City or town. Street and number. 
 
 311. Form of notice of claim of common-law 
 rights, (b) 
 
 191 
 
 To 
 
 Name of employer. 
 
 This is to notify you that I claim my right of action at common 
 law to recover damages for personal injuries. This notice is given 
 to you under the Acts of 1911, chapter 751, section 5, Part I, and 
 amendments thereto. 
 
 Signature of employe. 
 Address ________________ ------------- 
 
 City or town, Street and No. 
 
 312. Form of notice of waiver of rights under 
 common law previously claimed, (c) 
 
 To ___________________________________ Employer. 
 
 This is to notify you that I waive my rights under the common 
 law previously claimed by former notice, and now claim my rights
 
 313 WORKMEN'S COMPENSATION AND INSURANCE. 782 
 
 under the workmen's compensation act. This notice is given to you 
 under the Acts of 1911, chapter 751, section 5, Part I, and amend- 
 ments thereto. 
 
 Signature of employe. 
 
 313. Form of agreement for redeeming liability by 
 payment of lump sum. (d) 2 
 
 Received of 
 
 Name of insurer. 
 
 the lump sum of dollars 
 
 and cents, making in all, with weekly 
 
 payments already received by me, the total sum of 
 
 dollars and cents, a weekly 
 
 payment having been continued for not less than six months. Said 
 payments are received in redemption of the liability for all weekly 
 payments now or in the future due me under the Massachusetts 
 Workmen's Compensation Act, for all injuries received by me on 
 
 or about the day of , 191 , while 
 
 in the employ of , subject to 
 
 Name of employer and address, 
 the approval of the Industrial Accident Board. 
 
 Witness my hand this day of , 191 
 
 Witness 
 
 Name. Name of employe. 
 
 Address 
 
 City or town. City or town. 
 
 Street and number. Street and number. 
 
 314. Form of notice that an employer has ceased 
 to be a subscriber, (e) 
 
 Section 21, Part IV, chapter 751, Acts of 1911, as amended by sec- 
 tion 16, chapter 571, Acts of 1912, provides that when an employer 
 ceases to be a subscriber, he shall, on or before the day on which 
 his policy expires, give notice thereof in writing or print to all 
 persons under contract of hire with him, and he shall file a copy 
 of said notice with the Industrial Accident Board. In case of the 
 renewal of the policy, no notice is required. Following is the form : 
 
 Notice. 
 
 This is to give you notice that I (we) have ceased to be a sub- 
 scriber in any insurance company, under chapter 751, Acts of 1911, 
 
 2 Whenever any weekly payment has been continued for not less 
 than six months, the liability therefor may in unusual cases be re- 
 deemed by the payment of a lump sum by agreement of the parties, 
 subject to the approval of the Industrial Accident Board. (Section 
 22, Part II, chapter 751, Acts of 1911, and amendments thereto.)
 
 783 MASSACHUSETTS ACT. 31 5 
 
 and amendments thereto, and that the policy formerly held by me 
 expired or is to expire 
 
 Name of employer. 
 
 .Address, 
 
 City or town, street and No. 
 
 315. Form of notice to industrial accident board 
 that an injured employe has refused to submit himself 
 to an examination, (f) 
 
 You are hereby notified that 
 
 Name of employe. 
 
 Street and No. City or town. 
 
 who was injured on or about while in the employ of 
 
 Date 
 at 
 
 Name of employer. Place, 
 
 has refused to submit himself to an examination, as required under 
 the provisions of section 19, Part II, chapter 751 of the Acts of 1911, 
 and amendments thereto. 
 
 Name of insurance association or company. 
 
 Per 
 
 191 
 
 City. 
 
 316. Form of notice to employe from industrial 
 accident board relative to his refusal to submit himself 
 to an examination, (g) 
 
 To 
 
 Street and No. City or town. 
 The 
 
 Name of insurance company. 
 
 has notified the Industrial Accident Board, under date of 
 
 191 , that you have refused to submit yourself for examination, 
 
 as required by section 19, Part II, chapter 751, Acts of 1911, and 
 amendments thereto. Your attention is called to the terms of the 
 act which provides 
 
 "After employe has received an injury, and from time to time 
 
 thereafter he shall submit himself to an examination by 
 
 a physician or surgeon furnished and paid for by the association 
 
 or subscriber. The employe shall have the right to have a physician 
 provided and paid for by himself present at the examination. If he 
 refuses to submit himself for the examination, or in any way ob-
 
 317 WORKMEN'S COMPENSATION AND INSURANCE. 784 
 
 structs the same, his right to compensation shall be suspended, and 
 his compensation during the period of suspension may be forfeited." 
 
 INDUSTRIAL ACCIDENT BOARD, 
 
 By 
 
 317. Form of agreement in regard to compensa- 
 tion. (h) 3 
 
 , Employe 
 
 , Insurer. 
 
 We, , residing at 
 
 Name of injured employe, 
 city or town of and the 
 
 Name and address of insurance association or company, 
 have reached an agreement in regard to compensation for the injury 
 sustained by said employe while in the employ of 
 
 Here insert name and address of employer. 
 
 Here insert the time, including hour and date of accident, the 
 place where it occurred, the nature and cause of injury, and other 
 cause or ground of claim. 
 
 The terms of the agreement follow : 
 
 (Here state the sum per week agreed upon subject to the terms of the 
 
 Act.) 
 
 Witness. Name of injured employe 
 
 ' Name of insurance association or company. 
 
 318. Form of claim for compensation for injury. 
 
 (O 4 
 
 This is to notify you 
 
 (Name of association or company with 
 which employer is insured.) 
 that I claim compensation from you under the workmen's compen- 
 
 3 Every agreement in regard to compensation under this act is 
 subject to approval by the Industrial Accident Board, and a memoran- 
 dum of the same must be filed with the Board, whether said agree- 
 ment is written or oral, and whether it is made by one or both par- 
 ties, or in the form of a receipt. Any weekly payment or settlement 
 under the act, whether purporting to be final or otherwise, may be 
 reviewed by the Board. (Section 20, Part II, and sections 4 and 12, 
 Part III, chapter 751 of the Acts of 1911, and amendments thereto, 
 and Rule No. 6 adopted by the Board.) 
 
 4 This claim is to be filed with the Industrial Accident Board and 
 may be sent by mail ; at the time of filing, a copy thereof should also 
 be sent by the employe to the insurance association or company. The 
 claim should be made within six months after the occurrence of the 
 injury. (Chapter 751, Part II, section 15, and section 23, as amended 
 by Acts of 1912, chapter 571, section 5.)
 
 785 MASSACHUSETTS ACT. 3 J 9 
 
 sation act, chapter 751, Acts of 1911, and amendments thereto, for 
 
 personal injury sustained while in the employ of 
 
 , of 
 
 Name of employer Street and number. 
 
 The time of my injury was 
 
 City, or town. 
 
 Here state date and time of day as near as possible. 
 The place of injury was 
 
 State name or description of building, or place, where injury was 
 
 sustained. 
 
 The cause 5 of my injury was 
 
 Describe cause of injury. 
 The nature of my injury is as follows : 
 
 ___..____...___ _______ ._ ____.. .-._.. _ 
 
 Describe injury with such exactness as possible. 
 Signature of injured employe. 
 Street and number. 
 City or town. 
 
 Date of making this claim. 
 Name of association or company with which employer is insured. 
 
 319. Form of notice of injury, (j) 6 
 
 This is to notify you 
 
 Name of employer, or insurance association or company, 
 that on the day of , 191 , at about o'clock, 
 
 5 If it is claimed that the injury was caused by the serious and 
 willful misconduct of the employer, or of any person regularly en- 
 trusted or exercising the powers of superintendent, it is requested 
 that it be stated in this claim for compensation, setting forth in the 
 alleged cause, in general terms, in what the serious and willful 
 misconduct of the employer or superintendent consisted. 
 
 Section 14 of Part III of this act provides that if any proceedings 
 are brought, prosecuted or defended under this act without reasona- 
 ble ground, the whole cost of the proceedings shall be assessed upon 
 the party who has so brought, prosecuted or defended them. 
 
 6 Under sections 15, 16 and 17, Part II, chapter 751, Acts of 1911, 
 and amendments thereto, notice of the time, place and cause of the 
 injury must be given to the employer or the association or the liabil- 
 ity insurance company, as soon as practicable after the happening 
 thereof. The following is a form of the notice to be given under the 
 above sections. 
 
 50 BOTD w c
 
 320 WORKMEN'S COMPENSATION AND INSURANCE. 786 
 
 a. m. or p. m , I received personal injury while in your em- 
 ploy in the city (town) of in the 
 
 Name or description of building or place of employment. 
 
 and that the accident was caused to me by reason of 
 
 Describe cause of injury. 
 
 Name of employe. 
 
 City or town. 
 
 Address 
 
 Street and number. 
 
 320. Form of report of committee on arbitra- 
 tion, (k) 
 
 , Employe. 
 
 , Insurer. 
 
 The arbitration committee appointed under the provisions of 
 section 7, Part III, chapter 751, Acts of 1911, and amendments there- 
 to, having investigated the claim of 
 
 v. __ 
 
 being case No. on the files of the Industrial Accident 
 
 Board, report as follows 
 
 (Here will follow report.) 
 
 321. Form of application for review of claim be- 
 fore full board. (I) 7 
 
 To the Industrial Accident Board, Boston, Mass. 
 
 The undersigned, as provided in Part III, section 7, chapter 751 
 of the Acts of 1911, and amendments thereto, makes application for 
 a review of the findings of the Committee on Arbitration in the 
 
 claim of 
 
 v. 
 
 This claim for a review is based on the following grounds 
 
 .191. 
 
 322. Form of notice assessing cost of proceedings 
 before arbitration committee upon party prosecuting or 
 defending same without reasonable grounds, (m) 
 
 , , Employe. 
 
 , Insurer. 
 
 To 
 
 You are hereby notified that the proceedings before the 
 
 7 "No party shall as a matter or right be entitled to a second 
 hearing on any matter of fact."
 
 787 MASSACHUSETTS ACT. 323 
 
 Industrial Accident Board, or Arbitration Committee, as case may be. 
 on the above-entitled claim, have been determined by said Committee, 
 
 or Board, to have been by you without reasonable 
 
 Prosecuted or defended. 
 
 grounds, and that the costs, amounting to $ , are assessed 
 
 against you. 
 
 Respectfully, 
 
 INDUSTRIAL ACCIDENT BOARD, 
 or ARBITRATION COMMITTEE. 
 By 
 
 323. Form of receipt on account of compensa- 
 tion, (n) 
 
 Received of 
 
 Name of insurance association or company. 
 
 the sum of dollars, 
 
 and cents, being the proportion of my weekly wages for 
 
 the period from the day of , 191 , to the 
 
 day of , 191 , under the Massachusetts Workmen's Com- 
 pensation Act, subject to review by the Industrial Accident Board. 8 
 
 Witness Employe. 
 
 Street and number. Street and number 
 
 City or town. City or town. 
 
 324. Form of settlement receipt, (o) 9 
 
 Received of 
 
 Name of insured. 
 
 the sum of dollars 
 
 and cents, making in all, with weekly payments already 
 
 received by me, the total sum of dollars 
 
 and cents, in settlement of compensation under the 
 
 Massachusetts Workmen's Compensation Act, for all injuries re- 
 
 8 Every agreement in regard to compensation is subject to ap- 
 proval by the Industrial Accident Board, and a memorandum of the 
 same must be filed with the Board, whether said agreement is 
 written or oral, and whether it is made by one or both parties, or in 
 the form of a receipt. Any weekly payment or settlement under the 
 act, whether purporting to be final or otherwise, may be reviewed 
 by the Board. Section 20, Part II, and sections 4 and 12, Part III, 
 chapter 751 of the Acts of 1911, and amendments thereto, and rule 
 adopted by the Board. 
 
 9 Every agreement in regard to compensation under this act is 
 subject to approval by the Industrial Accident Board, and a memo-
 
 324 WORKMEN'S COMPENSATION AND INSURANCE. 788 
 
 ceived by me on or about the day of , 191 , 
 
 while in the employ of 
 
 Name of employer, city or town, street and number, 
 subject to approval and review by the Industrial Accident Board. 
 
 Witness my hand this day of , 191 
 
 Witness 
 
 Name. Name of employe. 
 
 Address 
 
 Street and number. Street and number. 
 
 City or town. City or town. 
 
 randum of the same must be filed with the Board, whether said 
 agreement is written or oral, and whether it is made by one or both 
 parties, or in the form of a receipt. Any weekly payment or settle- 
 ment under the act, whether purporting to be final or otherwise, 
 may be reviewed by the Board. (Section 20, Part II, and sections 
 4 and 12, Part III, chapter 751 of the Acts of 1911, and amendments 
 thereto, and Rule No. 6 adopted by the board.)
 
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