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age an insurance fund, to be maintained by assessments upon employers and by contributions from employees and the state. Insurance in such fund is compulsory.
Applies to all employments in a business wherein five or more persons are regularly employed-farm labor, domestic service and employment by railways, cotton gins, etc., excepted. All injuries in the course of the employment compensated. Elective. No presumption of election. Remedy exclusive,
unless gross negligence can be proved. Compensation 60 per cent, with limitations upon amounts and duration of weekly payments.
Disputes may be submitted to the Industrial Accident Board, but either party may carry a case into court.
Establishes a State Employees' Insurance Association, to manage an insurance fund. Insurance in that Association or in some approved company or mutual association is compulsory. Insurance is regulated to favor the State Association.
Applies to all employments in any "industry "—agriculture excepted.
All injuries in the course of and resulting from the employment compensated, unless self-inflicted or due to wilful misconduct or intoxication.
Elective as to employers. No presumption of election. Remedy exclusive.
Compensation 50 per cent, with limitations upon amounts and duration of monthly payments.
No medical benefits.
Disputes to be decided by a Commission, with right of appeal to the courts in certain cases.
Provides that the Public Service Commission shall manage an insurance fund, to be maintained by limited assessments upon employers, and by workmen's contributions, with its expenses of administration paid by the state. Insurance in such fund is compulsory.
SPECIAL COMMITTEE TO PRESENT BILLS TO CONGRESS RELATING TO COURTS OF ADMIRALTY.
To the American Bar Association:
The Special Committee to present to Congress certain bills relating to the courts of the United States sitting in admiralty, respectfully reports as follows:
(1) The bill relating to liens on vessels for repairs, supplies and other necessaries was enacted by Congress and duly received Executive approval on June 23, 1910, as heretofore reported.
(2) The bill to authorize suits against the United States for damages by vessels owned and operated by the government has made no progress since the report of this committee of August 10, 1912.
(3) The committee has continued its unremitting efforts for adoption by Congress of the bill relating to the maintenance of actions for death on the high seas and other navigable waters, both at the regular and special sessions. The outlook for this reform is very favorable, but as yet there has been no final action.
Conferring and co-operating with the Committee of the Maritime Law Association of America, the Special Committee has, in exercise of the discretion on it conferred by resolution of August 30, 1911, assented to a recasting of this measure, which has now in its amended and improved form been re-introduced in both Senate and House of Representatives.
No report, however, has been actually made to the present Congress because a joint caucus resolution adopted by the majority party of both Houses forbade the taking up at the special session of any other matters than the tariff and the currency.
July 25, 1913.
Herewith the Special Committee of the Association submits as an appendix to this report the death statute in its new form, as now pending in the Congress of the United States, and believing that its adoption is probable at the ensuing regular session (and also believing that there is a fair outlook for the ultimate adoption of the bill authorizing suits against the United States for damages caused by vessels owned and operated by the government), the Special Committee now recommends that it be further continued, with directions to endeavor by all proper measures to procure the passage of both of the bills, in conformity with the policy heretofore declared by the Association. All of which is respectfully submitted.
GEORGE WHITELOCK, Chairman.
ALDIS B. BROWNE,
63D CONGRESS, 1ST SESSION. H. R. 65.
IN THE HOUSE OF REPRESENTATIVES.
APRIL 7, 1913.
Mr. Peters introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.
RELATING TO THE MAINTENANCE OF ACTIONS FOR DEATH ON THE HIGH SEAS AND OTHER NAVIGABLE WATERS.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the death of a person shall be caused by wrongful act, neglect, or default on the high seas, the Great Lakes, or any
navigable waters of the United States the personal representative of the decedent may maintain a suit for damages in the district courts of the United States in admiralty for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relatives against the vessel, person, or corporation which would have been liable to a suit for damages by or in behalf of the decedent by reason of such act if death had not ensued: Provided, That there shall be but one recovery by the person injured or by or in behalf of any of the persons mentioned in this section.
SEC. 2. That the recovery in such suit shall be a fair and just compensation to the persons for whose benefit the suit is brought and shall be apportioned among them by the court in proportion to the pecuniary damage they may severally have suffered by reason of the death of the person by whose representative the suit is brought.
SEC. 3. That suit shall be begun within one year from the death of the decedent, unless during that period there has not been reasonable opportunity for securing jurisdiction of the vessel, person, or corporation sought to be charged: Provided, however, That after the expiration of a period of one year from the decedent's death the right of action hereby given shall be deemed to have lapsed within ninety days after a reasonable opportunity to secure jurisdiction has offered.
SEC. 4. That if a person die as the result of wrongful act, neglect, or default occurring on the high seas, the Great Lakes, or any navigable waters of the United States during the pendency of a suit to recover damages for personal injuries in respect of such act the personal representative of the decedent may be substituted for the decedent as a party, and the suit may proceed as a suit under this Act.
SEC. 5. That this Act shall not affect the rights of shipowners and others to avail themselves of the provisions of the laws of the United States relating to limitation of liability.
SEC. 6. That all suits for damages for the death of a person caused by wrongful act, neglect, or default occurring on the high seas, the Great Lakes, or any navigable waters of the United
States, wherever such death may occur, shall be deemed to be within the admiralty and maritime jurisdiction of the United States, and in all suits in admiralty recovery of damages for death so caused shall be had only under the provisions of this Act; and where the death has been caused by wrongful act, neglect, or default occurring on the high seas, suit for damages shall not be maintained in the courts of any state or territory or in the courts of the United States other than in admiralty.
SEC. 7. That in suits under this Act the fact that the decedent has been guilty of contributory negligence shall not bar recovery, but the court shall take into consideration the degree of negligence attributable to the decedent and reduce the damages accordingly.
SEC. 8. That nothing in this Act shall be construed to abridge the rights of suitors in the courts of any state or territory or in the courts of the United States other than in admiralty to a remedy given by the laws of any state or territory in case of death from injuries occurring elsewhere than on the high seas.
July 15, 1913.