Recall. Commercial and Financial Chronicle, 1911, Vol. 93, 434-5. 7. President Taft and the Arizona Statehood Veto. Twentieth Century Magazine, 1911, Vol. 4, 551-2. 8. Recall by President Taft. Outlook, Mar. 23, 1912. Veto Messages of President Taft, on Admission of New Mexico and Arizona, Aug. 15, 1911. House Doc. No. 106. 10. Address before New York State Bar Assn., Jan. 19, 1912.

WEBSTER, JOHN LEE: The Ideal Lawyer. Address before Denver Bar Assn., Mar. 15, 1913.

WARREN, CHARLES: The Progressiveness of the U. S. Supreme Court. 13 Columbia Law Review, 294.

WILSON, WOODROW: 1. Recall, etc., North American Review, May, 1910. 2. "The Issues of Reform," Address Kansas City, May 5, 1911. 3. Summary of "Issues of Reform,” in Munro's Initiative, Referendum and Recall, National Municipal League Series, Appleton's, 1912. 4. Woodrow Wilson on the Recall, Literary Digest, Vol. 42, 989.

WILKERSON, JAMES H: Recall of Judges. Address before Illinois State Bar Assn., 1912, 190-203.

WIEST, HOWARD: Recall of Judges and of Judicial Decisions. Michigan Law Review, Vol. 11, 278-95.

WHITE, EDWARD J.: Legal Antiquities. See Chapter III relating to the Recall of Judges; published by F. H. Thomas Law Book Co., 1913, St. Louis, Mo.

WILCOX, DELOS F.: Government by All the People, or, The Initiative, The Referendum and The Recall as Instruments of Democracy. MacMillan Co.

YOUNG, N. C.: 1. Shall we Change our Plan of Government. Printed as Sen. Doc. No. 865. 2. The Initiative, Referendum and Recall. Address before State Bar Assn. of North Dakota, Sept. 3, 1912. MISCELLANEOUS: Among the discussions in magazines and periodicals which have appeared are the following: 1. Discussion as to the Recall Amendment, July, 1911. Transactions of the Commonwealth Club of Calif. 2. Congressional Debates in Congress, April to August, 1911, on admission of Arizona, and particularly numbers for May 18, 22, 23 and June 23. 3. The Recall of Judges. Editorial in The Independent, June 1, 1911. 4. The Adoption of the Recall in California. Green Bag, 1911, Vol. 23, 634-6. 5. Constitutional Recall in Oregon. Law Notes, 1911, Vol. 15, 81-2. 6. The Cry of " Judicial Despotism," Arizona and the Recall of Judges. Current Literature, 1911, Vol. 51, 240-5.

7. Dangers of the Recall. Lawyer and Banker, 1911, Vol. 4, 65-6. 8. Delaying Statehood-the Veto for Timid Judges, Review of Reviews, 1911, Vol. 44, 264-6. 9. The Folly of the Recall. Outlook, 1911, Vol. 98, 852-3. 10. Judicial Despotism and the Recall. Bench and Bar, 1911, Vol. 26, 43-7; Chicago Legal News, 1911, Vol. 44, 87-8. 11. The Menace of the Recall. American City, 1911, Vol. 4, 275. 12. The Principle of Recall applied to Judicial Offices. Central Law Journal, 1911, Vol. 72, 392-5. 13. Proposed Recall Legislation. Law Notes, 1911, Vol. 15, 41-2. 14. The Recall. Lawyer and Banker, 1911, Vol. 4, 176-7. 15. Recall in Oregon. Law Notes, 1911, Vol. 15, 81-2. 16. Recall of Judges. Bench and Bar, 1911, Vol. 25, 1-4. 17. Recall of Judges. Canadian Law Times, 1911, Vol. 31, 71113. 18. Recall of Judges. Green Bag, 1911, Vol. 23, 214. 19. Recall of Judges. Independent, 1911, Vol. 70, 1135; Vol. 71, 384-5. 20. Recall of Judges. National Corporation Reporter, 1911, Vol. 43, 9-10. 21. Recall of Judges. a rash experiment. Century, 1911, Vol. 82, 624-5. 22. The Recall of Judges as it may affect the integrity of constitutions. Central Law Journal, 1911, Vol. 73, 315-17. 23. Statehood and the Judicial Recall. Chautauquan, 1911, Vol. 64, 158-9. 24. The Statehood Veto. Outlook, 1911, Vol. 98, 912-14. 25. Recall of Decisions in West Pub. Co.'s Docket, May, 1912. 26. Social Justice and Socialism. North American Review, July, 1912. 27. In April, 1913 Searchlight there are several articles on the Judicial Recall. 28. Report of Nevada Bar Assn. Proceedings contains two articles. 29. Further Light on the Judicial Recall, The Meeting of the New York State Bar Assn. Green Bag, Mar., 1913. 30. In Case and Comment, Nov., 1911, there are articles pro and con on the Initiative, Referendum and Recall, by Senator Bourne, Representative Littleton, Governor Wilson, Senator Root and others. 31. The September, 1912, number of the Annals of the American Academy of Pol. & Soc. Science is devoted to various discussions pro and con on the Initiative, Referendum and Recall, including the Judicial Recall. 32. Discussion of the Selection and Removal of Judges. Academy of Political Science (N. Y.) Proceedings, Vol. 3, 157-64. 33. Still Bombarding the Judiciary. Current Literature, Vol. 52, 255-8. 34. Degrading the Judiciary. Independent, Vol. 61, 884-5. 35. Activity of Illinois Bar Assn. in Procedural Form. Green Bag, Vol. 24, 246-50. 36. Recalling the Recall: Sympo

sium. Literary Digest, Vol. 42, 1086-7. 37. New Attacks on Judges. Nation, Vol. 85, 296-7. 38. Question of Fundamentals. Nation, Vol. 94, 278. 39. Judicial Recall Repudiated. Green Bag, Vol. 24, 472. 40. Report of Committee on Recall of Judges and Judicial Decisions presented at the annual meeting of the New York State Bar Assn., Jan. 24, 25, 1913; see also main and supplementary reports by subcommittee, appointed to investigate the causes underlying the dissatisfaction with our Judicial system, which main and supplementary reports presented at the same meeting. 41. Progressive Democracy-The People and the Courts, advocating disregard of constitutional prohibition in instances where such disregard shall be approved by popular vote. The Outlook, August 17, 1912. 42. Judges and the Recall. Twentieth Century Magazine, 1911, Vol. 4, 367-71. 43. The Judicial Recall. Outlook, 1911, Vol. 99, 95. 44. The Judicial Recall and Mr. Roosevelt. Public, 1912, Vol. 15, 243-4. 45. The Recall in National Politics. Equity Series, 1910, Vol. 12, 132-3. 46. The Recall of Decisions. Law Notes, 1912, Vol. 15, 201. 47. The Recall of Judges. National Corporation Reporter, 1911, Vol. 42, 445. Recall of Judges. Outlook, 1912, Vol. 100, 522-5. 49. Recall of Judges. Public, 1911, Vol. 14, 146-7; 817-8. 50. Recall in action. La Follette's Weekly, Vol. 2, 7-8; 17. 51. Proposals for the Recall in Ohio Constitutional Convention, 1912, No. 11, 161; 291.

48.

SPECIAL REPORT

OF THE

COMMITTEE ON COMPENSATION FOR INDUSTRIAL
ACCIDENTS AND THEIR PREVENTION.

To the American Bar Association:

Your Committee on Compensation for Industrial Accidents and their Prevention, originally appointed at the meeting of the Association in 1910 with power "to co-operate with the National Civic Federation in this work," and which was continued at the meeting of the Association in 1911, with power" to report upon such plan as it may approve in regard to compensation for industrial accidents and their prevention," respectfully reports:

During the year last past much progress has been made in regard to the adoption of compensation laws both state and federal, a brief résumé of which, prepared by Mr. Sherman, is annexed hereto as an appendix.

There is a general public opinion constantly growing in this country that uniform laws for compensation for industrial accidents should be enacted by all the states and by the United States within its jurisdiction.

In the report presented at the last annual meeting this committee declared that in its opinion such a law should be based on the following principles, and with slight modifications it now reiterates those principles as follows:

1. It should be compulsory and exclusive of other remedies for accidental injuries.

2. It should apply generally to industrial operations or at least to all industrial organizations above a certain limit of size.

3. It should apply to all accidents arising out of and in the course of such industrial operations regardless of the fault of anyone, self-inflicted injuries not being counted as accidents.

4. The compensation should be adjudicated by a prompt, simple and inexpensive procedure.

5. The compensation should be paid in regular installments continuing during the disability, or in case of death during reasonable periods of dependency of the beneficiaries.

6. The compensation should be properly proportioned to the wages received before injury, having due regard, however, in proper cases to prospective wages; and the scale so far as possible should divide the wage loss sustained by the employees and their dependents equally between them and their employers.

7. The compensation should be paid with as near absolute certainty as possible, in the most convenient manner, and there should be adequate security for deferred payments.

In the report above referred to, your committee stated that it was not then prepared to make any further suggestions as to the details of a compensation law or the extent to which the state should control or participate in, insure, and adjust liability for industrial accidents, and your committee is not at the present time prepared to report on this branch of the subject in all respects, as it desires further time to consider the operation of the laws which have been enacted and to carefully examine those which are now pending in several of the states.

Your committee, however, is of the opinion that insurance by the employer has become a necessary element of any system of compensation for industrial accidents, and that, as under present and growing conditions, insurance is recognized as the most efficacious means of distributing loss, and applies equally to liability for compensation as for other risks of business, it will be resorted to voluntarily and almost universally by employers in order to enable them to fulfill their obligations under any state statute that may be enacted.

Compensation statutes should, therefore, provide for insurance on some basis that will equally protect and benefit the employer and employee.

Your committee is not prepared to recommend any particular system of industrial accident compensation insurance. Corpora