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results of accidents, sickness and invalidity. Other departments of the State goverment are directed to cooperate, and the commission was authorized to employ counsel and other assistance and to report bills.

Unemployment.-The Illinois legislature by senate joint resolution, page 626, Acts of 1913, provided for the appointment of a commission on the subject of unemployment, its duty being to investigate the causes and effects of unemployment in the State. The salaries of assistants and necessary expenses of the commission are provided for.

Woman and child labor.-Investigations of the subject of woman and child labor and the submission of additional laws where needed are subjects which were referred to commissions in Connecticut, joint resolution No. 200, Acts of 1911; in Delaware, joint resolution, chapter 284, Acts of 1911 (children only); and in Indiana, chapter 262, Acts of 1913 (women only). The last named commission was directed to make a somewhat extended investigation, $2,000 being appropriated for the expenses.

The legislature of Connecticut in 1913 (chapter 233), authorized the commissioner of labor of the State to appoint a woman special agent to investigate the labor conditions, etc., of women and girls, and report in January, 1915.

Workmen's compensation. As already stated, this subject has received more extended consideration through commissions in the past five years than any of the preceding subjects mentioned. The duties assigned to these commissions are practically the same in all cases, being a consideration of the need for a more satisfactory and equitable determination of the rights and duties of employers and employees in the matter of bearing the burdens resulting from physical injury due to accidents of employment. The subject of occupational diseases has not been made prominent, the chief emphasis being on the results of accidental happenings causing the injury or death of employed persons. The subject of the prevention of accidents and of an adequate reporting system was under consideration in a number of States, and the various commissions in their reports presented a wide range of statistical and legal data. The commissions were differently constituted in the various States, but in general were not made up exclusively of members of the State legislature. In some cases there was ample provision of means for the prosecution of the contemplated inquiries, while in others no appropriation was made even for the expenses of the commission. In the larger number of instances the commissioners were expected to furnish their services gratis, but expenses were to be met by the State.

The States providing for such commissions, and the amount of money appropriated for their use are as follows: Colorado, chapter 231, Acts of 1911, $1,000 for expenses; Connecticut, joint resolution

No. 248, Acts of 1911, proper expenses; Delaware, joint resolution, chapter 285, 1911, $1,000 expenses; Illinois, act page 1, special session 1910, per diem and expenses for commissioners, not to exceed $10,000; Indiana, chapter 333, Acts of 1913, $2,000 for expenses (by reason of an error in the heading of the bill providing for this commission the appropriation is not available; the commission, however, is reported to be actively at work); Iowa, chapter 205, Acts of 1911, $8,000 for expenses; Louisiana, Act No. 142, Acts of 1912, no appropriation; Massachusetts, Resolves, chapter 120, 1910, per diem and expenses of commissioners, not to exceed $10,000 (this commission was continued by resolution, chapter 110, 1911, to collect and compile accident data, the sum of $15,000 being placed at its disposal); Michigan, act No. 245, Acts of 1911, necessary expenses; Minnesota, chapter 286, Acts of 1909, $5,000 for expenses; Nebraska, House Res., April 6, 1911, no appropriation; New Jersey, joint resolution No. 2, 1910, $1,000 for expenses; New York, chapter 518, Acts of 1909, $10,000 for expenses; North Dakota, chapter 12, Acts of 1911, $1,000 for expenses; Ohio, act page 231, Acts of 1910, necessary expenses; Pennsylvania, page 917, Acts of 1911, salary of secretary and necessary expenses; the commission was to inquire into the causes and results of industrial accidents and the method of safeguarding against them, and also to inquire into the subject of fair compensation for those who are injured in such accidents and for the families of those killed (by act No. 380, Acts of 1913, this commission was continued, and expenses not to exceed $12,000 were provided for); Porto Rico, joint resolution No. 19, 1913 (to draft employers' liability law), $1,000 for expenses; Tennessee, chapter 43, Acts of 1913, $5,000 for expenses and salary of secretary; Texas, resolution, page 274, Acts of 1911, $1,000 for expenses; Vermont, joint resolution No. 248, Acts of 1912-13, necessary expenses; West Virginia, joint resolution No. 22, 1911, actual expenses; Wisconsin, chapter 518, Acts of 1909, necessary expenses; United States, joint resolution No. 41, June 25, 1910, $15,000 for

expenses.

In a few States the constitution has been amended to meet any difficulties that might arise in the matter of the power of the legislature to enact laws providing for compensation, or creating “liability without fault." Besides the States whose constitutions have been amended, the Pennsylvania legislature by joint resolution No. 3, 1913, took the initial step toward an amendment of the constitution on this subject; the next legislature must take like action before the question can be submitted to the people. The Wyoming legislature by an act, chapter 79, Acts of 1913, provided for the submission to popular vote of an amendment of the constitution of that State authorizing a compensation law. This question will be decided at the election in November, 1914.

TEXT OF LABOR LAWS REPRODUCED.

ALABAMA.

CODE OF 1907.

Wages as preferred claims.-In administration.

SECTION 2597. The debts against the estates of decedents are to be paid in the following order:

1. The funeral expenses.

2. The fees and charges of administration.

3. Expenses of the last sickness.

4. Taxes assessed on the estate of the decedent previous to his death,

5. Debts due to employees, as such, for services rendered the year of the death of the decedent.

6. The other debts of the decedent.

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Insolvent es

SEC. 2755. When the real and personal property of any decedent tates. is insufficient for the payment of the debts, the proceeds arising from the sale thereof must be distributed as directed by section 2597 in proportion to the amounts due to each class of creditors, in the order in such section specified.

Liability of employers for injuries to employees.

SECTION 3910 (as amended by act, page 485, Acts of 1911). Injury caused When a personal injury is received by a servant or employee in bythe service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger, and not engaged in such service or employment, provided such liability is enforced in a court of competent jurisdiction within the State of Alabama, and not elsewhere, in the cases following:

Defects;

Negligence of superintend

(1) When the injury is caused by reason of any defect in the condition of the wages [ways], works, machinery, or plant connected with, or used in the business of, the master or employer, (2) When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, ent; who has any superintendence intrusted to him, whilst in the exercise of such superintendence, (3) When such injury is caused by Or one in aureason of the negligence of any person in the service or employ- thority; ment of the master or employer, to whose orders or directions the servant or employee at the time of the injury, was bound to conform, and did conform, if such injuries resulted from his having

so conformed, (4) When such injury is caused by reason of the Obedience to act or omission of any person in the service or employment of rules or inthe master or employer, done or made in obedience to the rules structions; and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with Negligence of the authority of the master or employer in that behalf, (5) When person in such injury is caused by reason of the negligence of any person charge of railin the service or employment of the master or employer, who has road signal, the charge or control of any signal, points, locomotive, engine, electric motor, switch, car, or train upon a railway, or of any part of the track of a railway. The master or employer is not liable under this section, if the servant or employee knew of the defect

etc.

Exceptions.

or negligence causing the injury and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer, unless the master or employer, or such superior, already knew of such defect or negligence; nor is the master or employer liable under subdivision 1, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the master or employer, or of some person in the service of the master or employer, and intrusted not by him with the duty of seeing that the ways, works, machinery, available, or plant were in proper condition: Provided, That in no event shall it be contributory negligence or an assumption of the risk on the part of a servant to remain in the employment of the master or employer after knowledge of the defect or negligence, causing the injury, unless he be a servant whose duty it is to remedy the defect or who committed the negligent act causing the injury complained of.

Defense

when.

Damages exempt.

Suits to

In order for recovery there must be actual employment: volunteer service or service outside the line of duty is not protected. 85 Ala. 203.

Liability is based on the fact of employment and not on contract, and can not be avoided by a contract or rule attempting to place the risk on the employee. 97 Ala. 126.

The statute does not apply to known risks and dangers of the service against which human skill and caution can not provide, nor to accidents incident to the business. 94 Ala. 199.

This section does not abrogate the defense of contributory negligence: a negligent employee can not recover under its provisions. 8 So. Rep. 357. But if a fellow-servant acted so recklessly or wantonly as to raise the imputation of a willful or intentional injury, with knowledge that injury would probably result from his conduct, contributory negligence is not a defense. 85 Ala. 269.

Injury alone does not raise a presumption of negligence. 97 Ala. 171. Causal connection must be shown between negligence and injury. 91 Ala. 496.

Jury may infer such connection from circumstances. 95 Ala. 397. Damages recoverable are compensatory and not punitive, and do not include exemplary damages or damages for pain, suffering, or loss of society. 91 Ala. 548.

The employee must have notice or knowledge of rules to make their violation contributory negligence. 112 Ala. 216.

Custom and practice can not justify negligence. 94 Ala. 277.

But the employer may acquiesce in breach of rule. 100 Ala. 232.
Or waive its observance by inconsistent requirements. 111 Ala. 275.
A defect in ways must be of an inherent part: a movable object tem-
porarily on the track is not within the statute. 110 Ala. 185.

Superintendence is not necessarily that exercised over the injured person, but if the negligence of a superintendent results in injury to any servant of the common master, the latter is liable. 97 Ala. 240.

The action of a superintendent put over a gang of laborers by a cit, can not be repudiated on the ground that his appointment was illegal when an employee brings action for injuries received through the superintendent's negligence. 14 So. Rep. 357.

The provisions of subsection 5 do not apply to the engineer of a státionary engine moving cars in a mine by the use of a cable and a drum. 26 So. Rep. 124. signal, points" means simply an apparatus for giving sig. nals. It does not refer to locality, and is to be read without regard to the comma. 214 So. Rep. 683.

The phrase

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Street railways are within this section; 51 So. 424; and private roads, as in mines, etc. 54 So. 566.

SEC. 3911. Damages recovered by the servant or employee, of and from the master or employer, are not subject to the payment of debts, or any legal liabilities incurred by him. be

SEC. 3912 (as amended by act, page 483, Acts of 1911). If such brought within injury results in the death of the servant or employee, his per

State.

Distribution. Sonal representative is entitled to maintain an action therefor, in a court of competent jurisdiction within the State of Alabama and not elsewhere, and the.damages recovered are not subject to the payment of debts or liabilities, but shall be distributed according to the statute of distributions.

When the injury results in death, no one but the personal representative can sue. 83 Ala. 493.

Damages are recoverable if injury was contributing cause of death. 91 Ala. 496.

If deceased left no next of kin, only nominal damages will be awarded 92 Ala. 231.

That the deceased was a minor makes no difference under this statute. 90 Ala. 13.

action.

SEC. 3913. No contract of employment, insurance, relief benefit, Contracts, or indemnity for injury or death entered into by or on behalf of ete no bar to any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee; but upon the trial of such action against any employer, the defendant may set off therein any sum he (or it) has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of death, to his personal representative.

Exemption of wages from garnishment, etc.

SECTION 4165. The wages, salaries, or other compensation of $25 exempt from levy. laborers, or employees, residents of this State, for personal services, to the amount of twenty-five dollars per month, shall also be exempt from levy under writs of garnishment or other process for the collection of debts contracted, or judgments rendered in torts, and when the fact of such indebtedness is disclosed by the answer of the garnishee, the levy shall be void and the same shall be dismissed by the court before whom filed, unless the plaintiff in garnishment shall contest the answer of the garnishee, as now provided by law in such cases.

The section is constitutional. 39 So. Rep. 368.

A waiver of exemption rights is void.

Payment of wages due deceased employees.

SECTION 4201. Whenever an employee of another shall die intestate and there shall be due him as wages or salary, a sum not exceeding one hundred dollars, the debtor may discharge himself from liability therefor by paying such amount to the widow of the deceased employee, or, if there be no widow, to the person having the actual custody and control of his minor child or chi dren, or either, as the case may be, who may sue for and recover the same as part of the one thousand dollars in personalty exempted to them.

Examination and licensing of railroad employees.

Payment to widow, etc.

Sum exempt.

Examination

SECTION 5481. It shall be the duty of every person or corporation operating a railroad in this State, before employing any per- required. son as train dispatcher, engineer, conductor, fireman, flagman, brakeman, trackman, or switchman, to subject the applicant for employment to a thorough examination respecting his capacity to fill the position applied for, his moral character and reputation. his sobriety and previous record, his knowledge of the rules and regulations governing the employees of the railroad, the knowledge which may be necessary or proper for the skillful performance of his duties, and shall subject the applicant for employment to a thorough examination respecting his ability and capacity to see and distinguish objects and color, commonly called color-blind examination, and respecting his sense of hearing.

Act No. 59, Acts of 1886-87, related to the examination and licensing of locomotive engineers only. The following conclusions of law, though relating to the older act, are applicable to the present statute : The statute is constitutional. It is not, in its nature, a regulation of commerce, but is an exercise of the police power of the State. 81 Ala. 279; 85 Ala. 341.

By

whom

SEC. 5482. The examination required in the preceding section made. must be made by the superintendent of the road or by the master of trains, or master mechanic of the railroad, and shall be reduced to writing on blanks provided for that purpose. If the applicant shall be found qualified in all respects for the position, the approved application papers shall be filed in the office of the superintendent in this State, or if there be no such superintendent, then

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