have paid. The liability to the State under this section shall be enforced in a civil action in the name of the State, and all sums collected under this section shall be paid into the State insurance fund.

SEC. 94. The provisions of this act shall apply to employers and Scope of law. their employees engaged in intrastate and also in interstate and foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, and then only when such employer and any of his workmen working only in this State, with the approval of the commission, and so far as not forbidden by any act of Congress, voluntarily accept the provisions of this act by filing written acceptances, which, when filed with and approved by the commission, shall subject the acceptors irrevocably to the provisions of this act to all intents and purposes as if they had been originally included in its terms, during the period or periods for which the premiums herein provided have been paid. Payment of premium shall be on the basis of the pay roll of the workmen who accept as aforesaid.

SEC. 95. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees arising out of and in the course of their employment. Within a week after the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing to the commission upon blanks to be procured from the commission for that purpose. Such report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, address and occupation of the injured employee, and shall state the time, the nature and cause of injury and such other information as may be required by the commission. Any employer who refuses or neglects to make any report required by this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for such offense.

Accidents to be reported.

SEC. 96. Upon the request of the commission, the attorney gen- Enforce eral or, under his direction, any district attorney or the county ment of act. attorney of any county shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of this act, or for the recovery of any money due the State insurance fund, or any penalty herein provided for, arising within the county in which he was elected, and shall defend in like manner all suits, actions or proceedings brought against the commission or the members thereof in their official capacity. SEC. 97. The commission may make necessary expenditures to obtain statistical and other. information provided for herein.

SEC. 98. Annually on or before the fifteenth day of December, the commission, under the oath of at least two of its members, shall make a report to the governor for the preceding fiscal year, which shall include a statement of the number of awards made by it, and a general statement of the causes of accidents leading to the injuries for which the awards were made, a detailed statement of the disbursements from the expense fund, and the condition of its respective funds, together with any other matters which the commission deems proper to call to the attention of the governor, including any recommendations it may have to make; and it shall be the duty of the commission from time to time to publish and distribute among employers and employees, such general information as to the business transacted by the department as in its judgment may be useful.

Expendi

tures.

Reports.

SEC. 99. The commission shall cause to be printed in proper Classificaform for distribution to the public its classifications, rates, rules, tions, etc. regulations and rules of procedure, and shall furnish the same to any person upon application therefor.

SEC. 100. No injunction shall issue suspending or restraining any order, classification or rate adopted by the commission, or

Injunctions.

Provisions

severable.

Appropria

tion.

any action of the State auditor, State treasurer, attorney general, or the auditor or treasurer of any county, required to be taken by them or any of them by any of the provisions of this act; but nothing herein shall affect any right or defense in any action brought by the commission or the State in pursuance of authority contained in this act.

SEC. 101. Should any section or provision of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the act as a whole or any part thereof other than the part so decided to be unconstitutional.

SEC. 102. The sum of $40,000 is hereby appropriated out of any money in the State treasury not otherwise appropriated, and the same is hereby set aside for the State insurance fund, to be administered by the commission as provided in this act; and the further sum of $50,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the State treasury not otherwise appropriated, for the payment of salaries and expenses of the commission and the employees of said commission, Act in effect. during the years 1917 and 1918.

SEC. 103. This act shall take effect on the 1st day of July, 1917, except sections 1 to 11, inclusive, which shall take effect upon approval.

Approved March 15, 1917.

VERMONT.

ACTS OF 1917.

ACT NO. 171.-Compensation of workmen for injuries—Adminis

tration of law.

Transfer of

SECTION 3. All the powers, duties and liabilities of the industrial accident board and members thereof, as provided in No. 164 powers. of the acts of 1915, are hereby imposed upon the commissioner of industries and the words "commissioner of industries" are hereby inserted in lieu of the words "industrial accident board" and in lieu of the words "board" and "member" as used in referring to said board or member thereof, as used in such act and chapter.

SEC. 7. Said commissioner may, subject to the approval of the governor, appoint one or more deputy commissioners for whose official acts he shall be responsible. Said deputy or deputies shall hold office during the pleasure of said commissioner, and their compensation shall be fixed by said commissioner subject to the approval of the governor.

Approved, February 28, 1917.

[The compensation law of the State (No. 164, acts of 1915) is amended by other acts, section 10 being amended by act No. 173, so as to read as follows:]

SEC. 10. If death results from the injury within two years, the employer or the insurance carrier shall pay to the persons entitled to compensation or, if there are none, then to the personal representative of the deceased employee, burial expenses not to exceed one hundred dollars; and shall also pay to or for the following persons for the following periods a weekly compensation equal to the following percentages of the deceased employee's average weekly wages as defined in section 17: Provided, That the total amounts payable on account of a single death shall not exceed the sum of thirty-five hundred dollars and the amounts herein allowed shall be ratably reduced, if necessary, to conform to this limitation:

(a) To the dependent widow or widower, if there be no dependent children, thirty-three and one-third per cent.

(b) To the dependent widow or widower, if there be one or two dependent children, forty per cent; or if there be three or more dependent children, forty-five per cent. Such compensation to the widow or widower shall be for the use and benefit of such widow or widower and of the dependent children.

(c) If there be no dependent widow or widower, but a dependent child or children, then to such child or children, twentyfive per cent, with ten per cent additional for each child in excess of two, with a maximum of forty per cent, to be divided equally among such children, if more than one.

(d) If there be neither dependent widow or widower, nor child, but there be a dependent father or mother, then to such parent, if wholly dependent, twenty-five per cent, or if partially dependent, fifteen per cent, or if both parents be dependent, then one-half of the foregoing compensation to each of them, or if there be no such parents, but a dependent grandparent, then to every such grandparent the same compensation as to a parent. (e) If there be neither dependent widow, widower, child, parent, or grandparent, but there be a dependent grandchild, brother, or sister, or two or more of them, then to such dependents

Deputies.

Compensation for death.

Dependents.

Minimum

basis.

Total disability.

Partial ability.

dis

fifteen per cent for one such dependent and five per cent additional for each additional such dependent, with a maximum of twenty-five per cent, to be divided equally between such dependents, if more than one.

(f) The commissioner of industries shall, from time to time, apportion such compensation between any and all dependents in such manner as he deems best, and in making such apportionment said commissioner of industries shall, in so far as it is possible, apportion said sum so that each dependent shall be self-supporting. [Section 11 is amended by the same act by changing the clause as to widows so as to read as follows:]

The widow if living with the deceased, or living apart from him for justifiable cause, or actually dependent, wholly or partially, upon him.

[Section 13 is amended by act No. 175, by changing the first sentence so as to read as follows:]

In computing death benefits the average weekly wages of the deceased employee shall be considered not to be less than five dollars.

[Section 14 is amended by act No. 174 by fixing the amount that may be expended for surgical, etc., services at $100 instead of $75.

The first two paragraphs of section 15 are consolidated into one, and amended by act No. 175 so as to read as follows:]

SEC. 15. Where the injury causes total disability for work the employer during such disability but prior to the first day of July, 1918, not including the first fourteen days and after the first day of July, 1918, not including the first seven days thereof shall pay the injured employee a weekly compensation equal to fifty per cent of his average weekly wages but not more than twelve dollars and fifty cents nor less than three dollars a week. In no case shall the weekly payments continue after the disability ends nor longer than two hundred sixty weeks. In case of an employee whose average weekly wages are less than three dollars a week, the weekly compensation shall be the full amount of such average weekly wage. In case the total disability begins after a period of partial disability, the period of partial disability shall be deducted from such total period of two hundred sixty weeks.

[The first two paragraphs of section 16 are amended by act No. 175 so as to read as follows:]

SEC. 16. Where the disability for work resulting from the injury is partial the employer shall pay the injured employee a weekly compensation equal to one-half the difference between his average weekly wage before the injury and the average weekly wage which he is able to earn thereafter, but not more than ten dollars a week, and in no case shall the period covered by such compensation be greater than two hundred sixty weeks.

In case of the following injuries, the compensation shall be fifty per cent of the average weekly wage of the injured employee during total disability, to be computed as provided in section 17, and at the termination of the total disability occasioned by said injuries, shall pay to said injured employee fifty per cent of the average weekly wages, computed as above, for the period stated against such injuries respectively, but in no case to exceed the period of two hundred and sixty weeks, which compensation shall be in lieu of all other benefits except those provided in section 14.

[Subsection 4 of section 16 is amended by adding thereto the following:] Equivalent The loss of the thumb and all four fingers of the hand shall be considered equal to the loss of the entire hand.

loss.

Concurrent

injuries.

[New subsections are also added, as follows:]

(18) In all cases where the employee sustains any of the injuries enumerated in the preceding seventeen subdivisions and at the same time receives injuries to other parts of his person which In themselves totally disable him for work, then said employee shall be first compensated for such other injuries and on the

termination of the total disability occasioned by such other injuries, compensation shall be paid for the specific injuries as above specified but in no case shall the total period for which compensation is paid exceed two hundred sixty weeks.

Other in

(19) In all other cases in this class, or where the usefulness of a member or any physical function is permanently impaired, the juries. compensation shall bear such relation to the amounts stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule.

(20) In case of the following injuries, the compensation shall be fifty per cent of the average weekly wages, which compensation shall be in lieu of all other benefits except those provided in section 14:

1. The permanent and complete loss of hearing in one ear, fortytwo and one-half weeks.

2. Simple hernia, four weeks.

3. Strangulated hernia, eight weeks.

[Sections 20 and 21 are amended by act No. 173 so as to read as follows:]

SEC. 20. The compensation herein provided may be commuted by the commissioner of industries at its present value when discounted at four per cent, simple interest, upon application of either party, with due notice to the other, if it appear that such commutation will be for the best interest of the employee or the dependents of the deceased employee or that it will avoid undue expense or undue hardship to either party. Commutation shall not be allowed for the purpose of enabling the injured employee or the dependents of an employee to satisfy a debt.

SEC. 21. Whenever, for any reason, said commissioner of industries deems it expedient, any lump sum which is to be paid as provided in the preceding section, shall be paid by the employer to some bank, banking institution or trust company to be appointed by said commissioner of industries as trustee to administer or apply the same for the benefit of the person or persons entitled thereto in the manner provided by said commissioner of industries. The payment of such money by the employer, evidenced by the receipt of the trustee, shall operate as a satisfaction of said confpensation. In the appointment of such trustee, preference shall be given, in the discretion of the commissioner of industries, to the choice of the employee or the dependents of the deceased employee. The expense of the administration of such trust shall be fixed by the commissioner of industries, and shall be a charge upon the compensation so deposited.

[Sections 28 and 29 are amended by act No. 171 so as to read as follows:]

Additions to schedule.

Lump sums.

Payment to trustees.

Commis. sioner of in

SEC. 28. The governor shall biennially, in the month of January, with the advice and consent of the Senate, appoint a com- dustries. missioner of industries.

SEC. 29. The annual salary of said commissioner shall be three thousand dollars, and he shall be paid his necessary expenses when away from home on official business. Said commissioner shall maintain such office and employ such assistance, clerical or otherwise, as the governor deems necessary for the proper performance of the duties of said commissioner. Said commissioner shall be furnished with office supplies and stationery necessary for official use and the payment of postage, freight, telephone and telephone rental, telegraphic and express charges necessarily made in connection with his official duties shall be allowed in the settlement of his account. Said commissioner shall be provided with an office in the capitol or in some other State building at Montpelier in which his records shall be kept. Said commissioner shall have a seal for the authentication of his orders, awards and proceedings upon which shall be inscribed the words "Commissioner of industries-Seal-Vermont."

Salary.

Office, etc.

[Section 34 is amended by act No. 173 so as to read as follows:] SEC. 34. Upon his own motion or upon the application of any Review. party in interest upon the ground of a change in the conditions,

45615°-Bull. 243-18-26