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WYOMING.

Date of enactment.-February 27, 1915; in effect April 1, 1915; amended, chapter 69, acts of 1917.

Injuries compensated.-Personal injury causing disability for more than 10 days, or death, as a result of employment and not due to the culpable negligence of the injured employee or to the willful act of a third person due to reasons personal to such employee or because of his employment.

Industries covered.-Extrahazardous (enumerated list), in which three or more workmen are employed, interstate railroads excepted; public employments and use of explosives and work 10 or more feet above ground included, without reference to number of employees.

Persons compensated.-Private employment: All employees in industries covered. Public employment: All employees in classes of employment designated. Burden of payment.-All on employer. Compensation for death:

(a) $50 for funeral expenses, unless other arrangements exist under agreement.

(b) Lump-sum payments of $1,200 to widow or invalid widower, and additional sum, equal to $60 per year, until the age of 16 is reached for each child under the age of 16, the total for children not to exceed one and one-half times the payment to the surviving spouse. If there are dependent parents and no spouse and no child under 16, a sum equal to 50 per cent of one year's contribution, not exceeding $500.

Payments to nonresident alien beneficiaries are limited to 33 per cent of the amounts above provided, and only the widow and chil dren under 16 years of age are considered.

Compensation for disability:

(a) For permanent total disability, lump sum of $1,400 if single, $1,600 if wife or invalid husband, and a sum equal to $60 per year for each child under 16, until age of 16 is reached, the total for children not to exceed one and one-half times the sum allowed the injured work

man.

(b) For temporary total disability, $18 per month if single, $24 if married, and $5 monthly for each child under 16, the total monthly payment not to exceed $40, and the aggregate not to exceed the amount payable if the disability were permanent.

(c) For permanent partial disability, fixed lump sums for specified injuries in lieu of other payments; others in proportion.

No payments are made for the first 10 days unless disability continues for more than 30 days, when they date from the injury.

No provision is made for medical or surgical aid; all payments are lump sums, except for temporary total disability.

Revision of benefits.-No provision.

Insurance.-Insurance in State fund required.

Security of payments.-Insurance under State control; payments not assignable or subject to execution, attachment, etc.

Settlement of disputes.-Disputes are settled by the district courts of the counties, with appeal to the supreme court of the State.

UNITED STATES-CIVIL EMPLOYEES.

Date of enactment.-September 7, 1916; in effect same date.

Injuries compensated.-Personal injuries sustained while in the performance of duty, not due to intoxication, willful misconduct, or intention to bring about injury, causing death, or disability for more than three days.

Industries covered.-All civilian employments of the United States Government and the Panama Railroad Co.

Persons compensated.—All civil employees of the United States and of the Panama Railroad Co.

Burden of payment.-All on the employer.

Compensation for death:

(a) $100 burial expenses, and transportation of body of resident of the United States dying away from home, if relatives desire it.

(b) To widow or dependent widower alone, 35 per cent of the monthly wages of the deceased, with 10 per cent additional for each child, the total not to exceed 663 per cent.

(c) If no parent survives, 25 per cent to one child, and 10 per cent additional for each additional child, the total not to exceed 66 per cent. (d) To dependent parents of deceased, 25 per cent if one, 40 per cent if both are dependent; if there is a widow, widower, or child, the parents' rights are subordinate, and the total awards may not exceed 663 per cent.

(e) Other dependent relatives receive benefits in smaller amounts subject to the claims of the foregoing relatives. Payments to a widow or dependent widower terminate on their death or remarriage; to a child on marriage, reaching the age of 18, or if over 18 and incapable of self-support, on becoming capable of selfsupport; payments to other beneficiaries are subject to the above limitations, but may in no case continue beyond eight years.

All payments are subject to a maximum of $66.67 per month, and to a minimum of $33.33, unless the actual earnings are less than that amount, when the compensation shall equal the earnings.

Compensation for disability:

(a) Reasonable medical, surgical, and hospital services and supplies.
(b) For total disability, 663 per cent of the monthly pay during the con-
tinuance of such disability.

(c) For partial disability, 663 per cent of the difference in wage-earning
capacity due to such disability.

Payments are subject to the same maximum and minimum amounts as in case of death.

Payments on account of death or permanent disability may be commuted to lump sum.

Revision of benefits.-Awards may be reviewed at any time, either on request or by the commission on its own motion.

Insurance. No provision.

Security of payments.-Compensation is paid from special compensation fund. Settlement of disputes.-The United States Employees' Compensation Commission decides all questions arising under the act.

UNITED STATES-WAR RISK.

Date of enactment.-September 2, 1914; in effect same date; amended, June 12, 1917; October 6, 1917.

Injuries compensated: (1) In the case of masters, officers, and crews of merchant vessels, death or personal injury (including disease) by the risks of war, and detention following capture by the enemy.

(2) In the case of officers and enlisted men in the Army and Navy, and members of the Army Nurse Corps (female) and Navy Nurse Corps (female), death or disability from personal injury or disease contracted in the line of duty, but not for injury or disease due to the willful misconduct of the victim. Industries covered.-(1) Employment on American merchant vessels. Military and naval service, including nursing by the Army Nurse Corps (female) and Navy Nurse Corps (female).

(2)

Persons compensated.—(1) Masters, officers, and crews of merchant vessels. (2) Officers, enlisted men, and members of services named.

Burden of payment.—(1) On owners of vessels. (2) On Government.
Compensation for death:

(1) In merchant marine, one year's earnings, $1,500 minimum, $5,000

maximum.

(2) In Army and Navy:

(a) Burial expenses, not exceeding $100.

(b) For widow alone, $25 per month: $10 additional for one child, $12.50 for two, and $5 each for third and fourth.

(c) For child alone, $20; for 2 children, $30; for 3, $40; and $5 each for fourth and fifth.

(d) For a widowed mother. $20, or such part thereof as will not exceed an aggregate of $75 taken with (b) or (c).

Payments to a widow or widowed mother continue until death or remarriage, and to a child until the age of 18, or, if incapable of self-support, during such incapacity.

Compensation for disability:

(1) In merchant marine, for permanent total disability, same as for death; various percentages of the same in cases of permanent partial disability. Other losses and disabilities may also be provided for by the Bureau of War-Risk Insurance.

(2) In Army and Navy:

(a) Reasonable medical and surgical aid, hospital services, and ar-
tificial limbs and other appliances as may be needed.

(b) For total disability, if single, $30 monthly; if wife alone, $45;
$10 additional for each child, the maximum not to exceed $75.
If no wife, but one child, $40, with $10 additional for the
second child and $10 for the third. If a dependent widowed
mother, $10 in addition to the above amounts. If constant
attendance is required, an additional sum, not over $20 per
month, may be allowed; or if permanently helpless and bed-
ridden, $100 is to be paid in lieu of all other compensation.
(c) For partial disability, if not less than 10 per cent, a propor-
tionate percentage of the amounts payable for total disability.
A schedule of ratings is to be formulated by the bureau.
Rehabilitation, reeducation, and vocational training are to be
provided; refusal to accept causes suspension of benefits.
In the merchant marine, earnings continue during detention fol-
lowing capture by the enemy, to be determined substantially
as provided for in case of death.

Revision of benefits.-In Army and Navy, awards receivable at any time. Insurance. In the merchant marine, owners are to insure, and in default the Secretary of the Treasury is to act at their expense.

Security of payments.-(1) In the merchant marine, insurance is to be with the Bureau of War-Risk Insurance, or on terms satisfactory to the Secretary of the Treasury. (2) In Army and Navy, payments from special fund. Settlement of disputes.-Act is administered by the Bureau of War-Risk Insurance, under the Secretary of the Treasury.

CONSTITUTIONALITY AND CONSTRUCTION OF

STATUTES.1

DUE PROCESS OF LAW.

The New York statute, passed upon by the Supreme Court, is a compulsory law, embodying the fundamental principles of legislation of its type. In the case considered (New York Central R. Co. v. White, 243 U. S. 188; 37 Sup. Ct. 247), the contention was made that by depriving the employer of his common-law defenses, and eliminating the rule as to negligence, there was a violation of the constitutional requirement as to due process of law. This contention was rejected by the court, which held that "negligence is merely the disregard of some duty imposed by law, and the nature and extent of the duty may be modified by legislation, with corresponding change in the test of negligence." The decision in the Washington case (Mountain Timber Co. v. Washington, 243 U. S. 219; 37 Sup. Ct. 260) involved another factor, i. e., the imposition of a universal tax on employers for the maintenance of an insurance fund, and the question was raised whether this tax was so excessive as to constitute deprivation of liberty or property without due process of law. The court held that unless there was undue compensation paid there could not be an excessive burden on the industry-this on the assumption that a reasonable compensation for industrial accidents was a proper burden on the industry. Since the industry as a whole is subject to hazards, it was held not unreasonable that the industry as a whole, and not merely such establishments as might furnish the occasion for individual accidents, should bear the burden; and, further, that it lies within the power of the State to declare that every employer engaging in business should make stated and fairly apportioned contributions for the maintenance of a public fund for compensating injuries irrespective of the plant in which the injury might be received. This power was said to go so far as to make it proper for

This material is supplemental to the discussion under this head appearing in Bulletin No. 203, pp. 165-296, and presents the principal court decisions and a number of significant rulings of State boards or commissions, which have come to hand since the date of the earlier publication. Chief among these are Supreme Court decisions upholding the laws of Iowa, New York, and Washington, and excluding interstate commerce from State coverage. The points considered will be presented for the most part under the same heads as the discussion in Bulletin No. 203.

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the State, in the interest of the safety and welfare of its people, to prohibit any industry found to involve so great a human wastage as to leave no fair profit beyond it.

The chief ground on which the subordinate court held the Hawaiian statute unconstitutional was its alleged lack of due process of law, the point arising out of the question of the giving of notice of hearings by the committees of arbitration to be appointed for the settlement of disputes. These committees are to be nominated by the parties to the disputes themselves, the privilege of review being given. The presumption that notice may be given is nowhere controverted. The court held, however, that the act must specifically require the giving of notice, failing which, it must be declared unconstitutional. (Carroll v. Marconi Wireless Telegraph Co., 1917.) When the Supreme Court of the Territory had the question before it, it ruled that the finding that there must be a positive provision for notice was erroneous, and the act was upheld in its entirety. (Anderson v. Hawaii Dredging Co. (Ltd.), 24 Hawaii Sup. Ct. Rep. 97.)

JURY TRIAL.

The mode of determining disputes by a board of arbitrators, or by reference to the State commission, thus doing away with trial by jury, was offered as an objection to the constitutionality of the law of Maryland (Solvuca v. Ryan & Reilly Co., 101 Atl. 710). The court held that the constitution of the State was not violated in allowing awards without jury trial, since the award may be reviewed “by a proceeding in the nature of an appeal," initiated in the court having jurisdiction in the locality, and since, upon the hearing of such an appeal, any question of fact involved may be submitted to a jury.

The Supreme Court, in passing upon this contention in the case of New York Central R. Co. v. White, stated that "The denial of a trial by jury is not inconsistent with 'due process; " no question was made but that the procedural provisions of the act are amply adequate to afford the notice and opportunity to be heard required by the fourteenth amendment. The Washington law entirely withdraws from private controversy the question of relief for accidental injuries in industrial employments, substituting therefor a remedy by compensation to the exclusion of every other remedy, except as otherwise provided in the act itself. As to this provision the seventh amendment to the Constitution of the United States, preserving the right of trial by jury, was invoked by the plaintiffs. On this point. the court said, "It is conceded that this has no reference to proceedings in the State courts (citing Minneapolis & St. Louis R. Co. v. Bombolis, 241 U. S. 211, 36 Sup. Ct. 595); but it is urged that the

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