age amicable relations between them, which should rather be fostered and developed.

As to the intrinsic merits of the several propositions relating to the amendment of the present Employers' Liability Act, we are unable to agree; but in view of the general act which we shall recommend, we believe it inexpedient at the present time to amend the Employers' Liability Act.

Workmen's compensation acts, so called, have in different forms been enacted in several foreign countries, notably in Germany, Austria, Norway, Finland, Great Britain, Denmark, Holland, Sweden, Italy, France, Spain, New Zealand and South Australia. We are not aware, however, that any such act has been passed or been contemplated in any of the United States.

Space will not permit an exhaustive examination and review of these foreign acts. In general, it may be observed that they are intended to afford injured employees a more certain, even if more moderate, compensation for accidents than is sometimes obtained under proceedings in court. If we should compare the amounts received by a large number of employees under compensation acts with the amounts recovered by them in actions at law after deducting all expenses, it is probable that we should find little difference between such amounts.

The best known of these acts is the British Workmen's Compensation Act of 1897, passed after long discussion. The facts relative to this act, its influence and results, have been especially reported for this committee by Mr. A. Maurice Low. His report is printed in Appendix No. 10, together with the British Workmen's Compensation Act.

The object underlying all such acts, whether in Great Britain or in other countries, is to remove in a measure, and so far as safety will warrant, the economic insecurity of employees, on the theory that, where a man receives injury while in the course of his employment, society should recoup him in some measure without resorting to charity; that a man working in any dangerous occupation, or in any occupation, as to that matter, is really doing a service to the public; he is enabling the public to prosper through indus

trial conditions, and therefore the public owes him something should he meet with disaster; that capital recoups itself for losses by charging off a certain percentage every year for deterioration of plant; that the working man has no means of charging off his deterioration of muscle and skill through the accidents incident to production, and that he ought, in all justice, to have such deterioration compensated in some reasonable way by society itself; that, as the deterioration of plant is paid for by being added to the cost of production, the deterioration of the man should also be added to the cost of production. The theory is, also, and this has determined the acts of foreign countries in this respect, that society ultimately pays all such costs through consumption.

The question before this committee is, how to establish a system, so far as accidents are concerned, which shall be fair to the employee suffering injury, and to the employer who in the first instance has to pay for such injury.

Under the proposed compensation act, the troublesome questions of assumption of risk, both in relation to defective ways, works and machinery, and the carelessness of fellow employees, are eliminated. In fine, there is no doubtful question of liability to be determined; that is entirely removed. The only questions arising under the act are, Has the employee sustained an injury in his employment, and, if so, to what is he entitled? The sum to which he is entitled depends upon the seriousness and nature of his injury and the amount of his earnings. If he is killed, his dependents, if any, would receive an amount approximately equal to his aggregate wages for three years. In the event of his total or partial incapacity to work, as a result of the accident, he would be paid a weekly payment, not to exceed fifty per cent. of his earnings, for a period during such incapacity not to exceed a term of four years. Provision is also made in case there are no dependents or next of kin for paying the reasonable expenses of the last sickness and burial of the deceased employee.

All questions of dispute between employers and employees arising under the act are settled by a committee equally rep

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resenting both parties, or by an arbitrator appointed by agreement between them, or by a referee appointed by a justice of the superior court in cases of disagreement. There is no appeal on questions of fact, but questions of law may be reserved and passed upon by the supreme judicial court.

The act which the committee has prepared differs in some degree from the British Workmen's Compensation Act,the one with which we are most familiar. It is to be hoped that the changes which we have seen fit to make in that act will be deemed to be salutary, and more in conformity with local laws and conditions.

While we are unanimously of opinion that the Employers' Liability Act and the Compensation Act should not permanently coexist as to the same establishments, we are divided on the question whether the Liability Act should continue in force temporarily as to such establishments as are covered by the Compensation Act until the latter shall have been tested by actual experience. We believe that in any event the injured employee should always have the option of recovery at common law in the event of gross negligence on the part of the employer. Section 3 of the accompanying bill must be taken, therefore, as subject to the question of the Liability Act, as above discussed.

The question as to whether the employee should, prior to an accident, make an election of the remedy to which he would resort, has been thoroughly considered, but no practical method of making such election has been suggested to or ascertained by the committee. Under section 3 of the bill we recommend that the injured employee may, at his option, either claim compensation under it or proceed against his employer as though the act had not been passed, but shall be bound by whatever proceedings he first institutes against his employer. Should the employee be compelled to make an election as to which method he would adopt prior to any accident, to make such election effective he would have to file with his employer notice of such election, or file in some public office notice of such election, or make his election in duplicate, keeping one copy himself. Massachusetts

is an industrial State, and the large number of persons employed who would be covered by any employers' liability law would render any such election nugatory. The shifting of employees, their migration from one employer to another, their employment for a brief time, all these matters offer obstacles which cannot well be overcome, or sufficiently overcome to warrant any provision compelling a prior election of the manner in which an employee shall proceed to recover damages for injuries incurred.

All our considerations, therefore, lead us to recommend the following bill : —

AN ACT PROVIDING FOR COMPENSATION TO EMPLOYEES FOR PERSONAL INJURIES RECEIVED IN THE COURSE OF THEIR EMPLOYMENT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

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SECTION 1. If an employee in any employment to which 2 this act applies receives personal injury while performing duties 3 growing out of or incidental to such employment, he shall be 4 paid compensation by his employer in accordance with the scale 5 and conditions of compensation hereinafter provided.

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SECTION 2. The employer shall not be liable under this act 2 for any injury which does not incapacitate the employee for a 3 period of at least one week from earning full wages at the 4 work at which he was employed.

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SECTION 3. When an employee is injured by the negligence 2 of the employer, or of some person for whose act or default the 3 employer is liable independently of this act, such liability of 4 the employer shall not be affected by this act, but such injured 5 employee may at his option either claim compensation under 6 this act, or proceed against his employer as though this act 7 were not passed; but the employer shall not be liable to pay 8 compensation to the injured employee both under this act and 9 under proceedings instituted independently thereof, and the 10 injured employee shall be bound by the proceedings which he 11 first institutes against his employer.

1 SECTION 4. If it shall appear that an employee was injured 2 by reason of his own wilful or fraudulent misconduct, any 3 compensation claimed by him under this act may be disallowed.

1 SECTION 5. All questions arising under this act as to the 2 liability of employers to pay compensation under the same, or 3 as to the amount or duration of such compensation, if not 4 settled by the agreement of the parties interested therein, shall, 5 subject to the provisions of this act, be settled by arbitration 6 as hereinafter provided.

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SECTION 6. No proceedings for compensation for an injury 2 under this act shall be maintained unless a notice of the acci3 dent shall have been given to the employer as soon as practi4 cable after the happening thereof, and unless the claim for 5 compensation with respect to such accident shall have been 6 made within six months after the occurrence of the same, or, 7 in case of the death of the employee or in the event of his 8 physical or mental incapacity, within six months after such 9 death or the removal of such physical or mental incapacity. 10 Such notice shall be in writing, and shall contain the name 11 and address of the person injured, and shall state in ordinary 12 language the time, place and cause of the injury, and shall be 13 signed by the person injured or by a person in his behalf, or 14 by his legal representative in the event of his death; and such 15 notice shall be served upon the employer, or upon one em16 ployer if there are more employers than one, or upon any 17 officer of a corporation if the employer is a corporate body, 18 by delivering the same to the person on whom it is to be served, 19 or at his residence or place of business, or by mail by a regis20 tered letter addressed to the person on whom it is to be served 21 at his last known place of residence or place of business. A 22 notice given under the provisions of this act shall not be held 23 invalid or insufficient by reason of any inaccuracy in stating 24 the time, place or cause of the injury, if it is shown that there 25 was no intention to mislead, and that the employer was not 26 in fact misled thereby.

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SECTION 7. If an employer enters into a contract, written 2 or oral, with an independent contractor to do part of such 3 employer's work, or if such contractor enters into a contract 4 with a sub-contractor to do all or any part of the work com5 prised in such contractor's contract with the employer, and 6 such employer would, if such work were executed by employees 7 immediately employed by him, be liable to pay compensation 8 under this act to those workmen, such employer shall be liable 9 to pay to such employees any compensation which would be 10 payable to them under this act by such independent or sub