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 accident and to any payment other than wages made by employer on account of the injury.

(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 revised by the court at request of either party.

Insurance.-Employers may contract with their employés 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 employés and their dependents than the provisions 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-BOYD W C

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.

160. Form of burial expense voucher-Account of deceased workman. (x)

161. Form of final settlement voucher. (y)

162. Form of election to receive compensation and assignment of claim-Injuries by defaulting employer. (z)

163. Election to receive compensation and assignment of claim-Injury by other than employer. (zz)

164. Statistical reports on the operation of the act.

165. Review of the first eight months' operation of act. 166. Official state safety bulletin.

§ 123. The nature and scope of the Washington industrial insurance act.-The Washington Act covers all employers and employés of forty-eight extra hazardous employments which are specified in the act, and the act is compulsory in form as to all such employers and employés. All civil actions and civil causes of actions 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 example 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 constitutionality 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

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 unfair. Its administration has produced the result that little of the cost of the employer has reached the workman 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 occasional, have become frequent and inevitable. The welfare 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 compensation, 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, except 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 employé in "extra hazardous" occupations. Employés 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 employé may obtain compensation by election and assignment, except where a wilful act of such other, committed against the employé, be for reasons personal and not because of his employment.

Sec. 2. Enumeration of extra hazardous works. There is a hazard in all employment, but certain employments have come to be, and to be recognized as being inherently constantly dangerous. This act is in