App. Div. 385; and Patterson v. Lehigh Valley Trans. Co., 19 S. D. R. p. 453; App. Div. -, May 5, 1920. Concerning compensation of longshoremen injured on such vessels compare Edwardsen v. Jarvis Lighterage Co., 168 App. Div. 368; and Howland v. Campagnie Generale Transatlantique, 19 S. D. R. 450.

Cases not in interstate commerce.- In the compensation case of New York Central R. R. Co. v. White, 243 U. S. 188, 207, March 6, 1917, the U. S. Supreme Court, not long before its decision in the Winfield case, had affirmed a decision of the Court of Appeals of New York holding that railroad employees engaged in new construction work are not engaged in interstate commerce. A similar and later case is Saccomanno v. Grasse River R. R. Corp., 191 App. Div. 761, May 14, 1920. Other railroad employee compensation cases held not to be in interstate commerce are: cutting and removing grass from railroad right of way: Plass v. Central N. E. R. R. Co., 4 S. D. R. 331; 169 App. Div. 826; 221 N. Y. 472; 186 App. Div. 918; 226 N. Y. 449, 569, 621; repairing an empty car of a foreign company: Parsons v. Delaware & Hudson Co., 167 App. Div. 536; Okrzesz v. Lehigh Valley R. R. Co., 170 App. Div. 15; working in an engine house or repair shop: McNeill v. N. Y. Central R. R. Co., Claim No. 14239; 181 App. Div. 912; Bianc v. N. Y. Central R. R. Co., 16 S. D. R. p. 424, 186 App. Div. 925; 226 N. Y. Rep. 586; 250 U. S. 596; repairing cars in a railroad yard: McInerney v. Buffalo & Susquehanna R. R. Corp., Death File, No. 13554; 184 App. Div. 917; 225 N. Y. 130; cutting rivets from end sill of loaded car in car shop: Kirby v. Erie R. R. Co., Claim No. 8757; 186 App. Div. 927; leave to appeal denied by Court of Appeals, Mar. 4, 1919; ripping a plank in a railroad shop Fish v. Rutland R. R. Co., 189 App. Div. 352; working for an intrastate railroad which occasionally carries interstate baggage, freight, passengers, cars, etc.: Fairchild v. Pennsylvania R. R. Co., 170 App. Div. 135; taking inventory of new materials and supplies: Waite v. Pennsylvania R. R. Co., 3 S. D. R. 364; 172 App. Div. 914; repairing a coal pocket on a side track: Gallagher v. N. Y. Central R. R. Co., 180 App. Div. 88; 222 N. Y. 649; caring for plumbing beneath a station: Vollmers v. N. Y. Central R. R. Co., 180 App. Div. 60; 223 N. Y. Rep. 571; repairing a private spur track: Liberti v. Staten Island R. R. Co., 180 App. Div. 90; 223 N. Y. Rep. 682; scrubbing a station floor : Hawthorne v. N. Y. Central R. R. Co., Claim No. 15873; 181 App. Div. 908; keeping terminal passenger yard clean and cleaning switch lamps : Gingliano v. Lehigh Valley R. R. Co., Death Case No. 9695; 185 App. Div. 900; 224 N. Y. Rep. 713; operating coal chute for supply of locomotives: Haley v. Boston & Albany R. R., 16 S. D. R. 518; 186 App. Div. 926; 225 N. Y. Rep 669; employment as Pullman car porter: Bryant v. Pullman Co., 19 S. D. R. 456; 188 App. Div. 311; 228 N. Y. Rep. -; shoveling ballast gravel into a wagon for transportation to right of way: Malandrino v. Southern N. Y. Power & R. R. Corp., 20 S. D. R. 438; 190 App. Div. 780. The employer must prove that the employee was engaged in interstate commerce; otherwise the presumptions of § 21 operate: Plass v. Central N. E. R. R. Co., 226 N. Y. 449; Saccomanno v. Grasse River R. R. Corp., 191 App. Div. 761, May 14, 1920; Carney v. Lehigh Valley R. R. Co., 17 S. D. R. 647, 4 Bul. 25.

An ocean steamship owned and operated by a company that also owns and operates an interstate railroad is not subject to the Federal Employers' Liability Act: Southern Pacific Co. v. Jensen, 244 U. S. 205; Mack v. N. Y. Dock Co., Death Case, No. 24142; 181 App. Div. 963; 223 N. Y. Rep. 683.

The Workmen's Compensation Law has abolished the injured employee's remedy for injury under the Federal Safety Appliance Act: Ward v. Erie R. R. Co., 176 N. Y. Supp. 691; the Act has been held not to apply in Zimmerman v. N. Y. Central R. R. Co., 180 App. Div. 98.

Relative to suit under the Federal Employers' Liability Act after award of state compensation compare opinions in Corico v. Smith, 97 Misc. 447; 178 App. Div. 33.

§ 115. Penalties for false representation.- If for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for himself or any other person, any person wilfully makes a false statement or representation, he shall be guilty of a misdemeanor.

Compare 45, 48.

§ 116. Limitation of time.-No limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor dependent so long as he has no committee, guardian or next friend.

Compare 18 and 28. Compare concluding sentence of § 20-a for a further exception added by L. 1919, ch. 629.

Arguments interpretative of the terms "incompetent" and "next friend" are presented in Special Bulletin, No. 95, in connection with the case of Smith v. Washburn & Co., Case No. 18733; 183 App. Div. 911; 224 N. Y. Rep. 619.

§ 117. Duties of commissioner of labor.-The commissioner of labor shall render to the commission any proper aid and assistance by the department of labor as in his judgment does not interfere with the proper conduct of such department.

§ 118. Unconstitutional provisions.-If any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 119. Actions or causes of action pending.— This act shall not affect any action pending or cause of action existing or which accrued prior to July first, nineteen hundred and fourteen.

ARTICLE 7

LAWS REPEALED; WHEN TO TAKE EFFECT

Section 130. Laws repealed.

131. When to take effect.

§ 130. Laws repealed.— Article fourteen-a and sections two hundred and fifteen to two hundred and nineteen-g, both inclusive, of chapter thirty-six of the laws of nineteen hundred and nine, 1as amended by chapter six hundred and seventy-four of the laws of nineteen hundred and ten, are hereby repealed.

1" As amended," should read "as added."

Article 14-a, identical with §§ 215-219-g, constituting the first workmen's compensation law of New York, was declared unconstitutional in Ives v. South Buffalo Railway Co., 201 N. Y. 271 (1911.)

§ 131. When to take effect. This chapter shall take effect immediately, provided that the application of this chapter as between employers and employees and the payment of compensation for injuries to employees or their dependents, in case of death, shall take effect July first, nineteen hundred and fourteen, but payments into the state insurance fund may be made prior to July first, nineteen hundred and fourteen.

1 Word "immediately" substituted for words "January first, nineteen hundred and fourteen," by L. 1914, ch. 41, in effect March 16, 1914.

For time of taking effect of amendatory acts see above, page 2.

GENERAL INDEX

(See also alphabetical finding list of employments, page 107 following)

Accidents, associations for prevention, § 96..

causes, commission's annual statement, § 75.

definition of term accident, § 3, subd. 7, §§ 38, 49-b.

notices of, §§ 18, 21, subd. 2, § 111..

occurrence, burden of proof, § 21.

Actions in court, compensation, payment in default, §§ 26, 54.

compromise of causes, § 29.

damages, alternative to compensation, employer's failure to insure, §§ 11, 52.

third party's negligence or wrong, § 29..

constitutional provisions...

employer's failure to insure, § 50, subd. 3..

medical attendance, hospital service, etc., fees, etc., §§ 13, 24.
pending, workmen's compensation law not to affect, § 119.

state fund, employer's failure to pay amounts due to, § 99..

payrolls of employers, falsification, collection of penalty, § 102.

Administrators and executors (see Legal representatives).

Admiralty law, relation of workmen's compensation law to, § 2, gr.8.
Adopted children, death benefits for, § 3, subd. 11..

Advance of award, payments by employer in, §§ 20-a, 25.

African boxwood, poisoning by, coverage, § 49-a, subd. 12..

Agreements, compensation for injury, §§ 20, 20-a...

premiums, employees' contributions prohibited, § 31.
waiver of compensation, void, §§ 32, 33.

Agricultural laborers, compensation law not applicable to, § 2, gr. 45, § 3, subd. 4.

Aliens, compensation and commutation thereof, § 17 .

Alimony, death benefits for loss of, § 16, subd. 2.

Amputation relative to compensation, § 15, subd. 3.

PAGE

.83

..78

.22, 65, 69
.46-48, 51, 87

51

57, 58, 71

.61, 62

.30, 31, 71
.61, 62

4

70

.32, 55, 56

.90

84

85

6

27

.50, 51, 56, 57

68

48-51

63

63

16, 18

.45, 46

42

38

.68

Anilin poisoning, coverage of, § 49-a, subd. 7.
Anthrax, coverage, of, § 3, subd. 7, § 49-a, subd. 1.
Appeals, appellate division to court of appeals, § 23.
attorney-general to represent commission, § 23.
awards in accordance with decisions on, § 23..
bond, commission need not file, § 23.

commission to court, § 23.

costs, assessment on parties, § 24.

exceptions, filing not necessary, § 23.

facts, commission's decisions final, § 20.

legal services, enforcement of claims for, § 24.

Assault, accidents arising out of, § 3, subd. 7, § 10..

Assessments, county taxes, municipal employees, compensation, § 35.

state fund insurers, liability, § 100......

Assignment of compensation or benefits, § 33.