Oregon Ballot Measures with Arguments (Nov. 4, 1913)

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    NOT

    FOR

    LOAN M E A S U R E S

    With Arguments Respecting the Same

    To be submitted to the Electors of the State of Oregon at theSpecial Election on

    TUESDAY, NOVEMBER 4, 1913

    P U B L I S H E D BY A U T H O R I T Y

    B EN W. OLCOTTSecretary of State

    State University Building Repair FundAffirmative Arguments

    University of Oregon New Building Appropriation

    Affirmative ArgumentsSterilization ActCounty Attorney ActWorkmen's Compensation Act

    24-12

    3

    4-1213-1415-1617-31

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    2 PAMPHLET CONTAINING MEASURES TO BE

    (On Official Ballot , Nos. 300 and 3 0 1 )

    A MEASURE

    To appropr ia te money for the purpose of making addi t ional repairsan d improvements to th e buildings and hea t ing p lan t of th e Uni-versity of Oregon, filed in the office of the Secretary of Sta teFebruary 26, 1913, to be submi t t ed to th e l ega l electors of theSta te of Oregon fo r the i r approval 01 ' re ject ion a t th e SPECIALELECTION to be held NOVEMBER 4, 1913, upon pet i t ion forreferendulll filed in the office of th e Secretary of State May 29, 1913,in accordance with th e provisions of Section 1 of Article IV of the

    Const i tu t ion of the Sta te of Oregon.The following is th e forlll and number in which the measure will be

    pl'inted on the official bal lot :

    REFERENDUM ORDERED BY PETITION OF T H E P E O P L E

    STATE UNIVERSITY BUILDING R E PA I R FUND - Referred byauthori ty of Mr. H . J . Park i son , as Secretary, Oregon Higher Edu-cat ional Inst i tu t ions Bet terment League, No. 409 Oregonian Bui ld-ing, Por t l and , Oregon. I ts purpose is to provide funds fo r repairs

    and additions to th e State University Buildings, as follows: LibraryBuilding, th i r ty thousand dol lars ; Engineer ing Building, fifteenthousand dollars; Deady Hal l , ten thousand dol lars ; Heat ing Plan t ,ten thousand dollars. Vote YES o r NO

    300. Yes.

    301. No.

    AN ACT book stacks, thir ty thousand dollars(H . B. 289) ($30,000).

    Entitled, "An act to appropriate moneyfor the purpose of making additionalrepairs and improvements to thebuildings and heat ing plant of theUniversity of Oregon."

    Be i t enacted by th e People of th eState o f Oregon:Section 1. That the sum of seventy-

    five thousand dollars ($75,000), in ad-dition to tha t provi

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 3- - - - _ . _ _ .._ - - - - - _ . _ . -

    (On Official Banot , Nos. 302 and 303)A MEASURE

    To appropriate money for the purpose of constrl lcting an additional

    building for the University of Oregon, filed in the office of the

    Secretary of State, February 26, 1913, to be submit ted to the legal

    electors of the St;'te of Oregon for their approval or rejection a t

    the SPECIAL ELECTION to be held NOVEMBER 4, 1913, upon

    petit ion for referendum filed in the office of the Secretary of State

    1\

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    4 PAMPHLET CONTAINING MEASURES TO BE

    Official Ballots Nos. 300-301 and 302-303.

    ARGUMENT (AffiJ.;mative)

    Submitted by the Board of Regents of the University of, Oregon, theUniversity of Oregon Alumni Association, and ' the People's HigherEducat ion League, favoring the meaSUl'es designated on the officialballot as follows:

    REFERENDUM ORDERED BY PETITION OF THE PEOPLE

    STATE UNIVERSITY BUILDING REPAIR FUND-Refe r red by authority of Mr. H. J . Parkison, as SecI'etary, Oregon Higher EducationalInstitutions Betterment League, No.' 409 Oregonian Building, Portland, Oregon. I ts purpose is to provide funds for repairs andadditions to the State University Buildings, as follows: LibraryBuilding, thirty thousand dollal 's; Engineering Building, fifteenthousand dollars; Deady Hall, teli thousand dollars; Heating Plant ,ten thousand dollars. Vote YES 'or NO

    300. Yes.

    301. No.

    UNIVERSITY OF OREGON NEW BUIIJDING APPROPRIATION-Referred by authority of Mr . H. J . 'Parkison, as Secretal 'y, OregonHigher E{lucatiolUtl Inst i tut ions Bet terment League, No. 409 Oregonian Building, Port land, Oregon. I ts purpose is to provide fundsto construct, equip and furnish a modern fil'e-proof adminis t ra t ionand class-room building, and to extend the heating plant to thesame. The amount appropl'iated therefor is one hundred thousanddollars ($100,000) . Vote YES 01 ' NO

    302. Yes.

    303. No.

    Statement of Board of Regents.

    To th e People of the State of Oregon:

    Inasmuch as a referendum has beencalled on the building and bettermentfund granted the University of Oregonby the las t legislature, and the peopleare now asked to decide whether or notthe money shall be available, we, themembers of th e Board of Regents ofth e University, feel i t our duty as

    guardians of this State educational institution to make a statement to th epeople as to th e needs of their Uni

    versity.As all know, th e University is apar t of the public school system; freeto all. and supported by the taxpayersof the State. I t is free alilre to richand poor, and any young man orwoman who desires can earn or helpearn his way through the insti tution,

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 5

    Villard Hal l (Universi ty of Oregon)

    as 60 percent of the s tudents now inat tendance are doing. I t is our dutyto acquaint the people with th e needsof the school, and i t is our responsi-bil i ty to determine the way in whichfunds provided shall be used.

    Previous to the las t session of thelegislature, the Board of Regents metand we unanimously resolved to askthe legislature fo r enough funds toerect on e building for the Universi tyand make repai rs and al tera t ions toothers. This request w as embadied intw o bills, an e for $100,000, th e otherfo r $75,000. The reques t w as grantedalmost unanimausly by th e legislature,and the money wauld naw be availablebu t for the referendum whleh hasbrought about th is special election.

    The University of Oregan has sev-eral groups of gaod buildings, same ofwhich a re shawn in accompanyingphatographs, but ~ i n c ethe las t on e w aserected, about six years ago, the a t-tendance h as pract;"ally doubled andth e demand far class raom will makeI t necessary to use tents o r tempararyf rame buildings. A t present tw o andthree Instructors a re compelled to. us e

    an e recitat ian raam, and basements andhallways have been utilized to. th e ut-mast. It is impossible to. make raomfar certain wark t ha t shauld be done,and the prablem is becaming marc an dmore difficult as the s tuden t bady in-creases, which is in proportian to. therapid grawth a f the State.

    The need, hawever, far a new build-in g and addit ions to. athers has na tbeen questianed even by thase who. a reoppased to. the University, and there-fore needs no argument. B ut the re-spansibil i ty up an the Regents in car-in g far th e grawth af the insti tutianwa s a serious one, an d in our recom-mendatians to. the legislature we werecriticised far na t asking far twa bUild-ings instead af ane. I t will be remem-bered t ha t maney far twa. buildings hadbeen apprapr ia ted by th e legislature af1911, bu t the same m an who. has calledthis referendum called a referendumupon these buildings and succeeded inhalding up the funds.

    In asking far th is camparativelysmall apprapriat ion, we haped tha t wecauld avaid an a the r referendum. Rathe rthan ask for all tha t w as needed, we

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    The Library, Deady Hall and Villard Hall (Universi ty of Oregon

    felt keenly the responsibil i ty for keeping the doors of the University openfor our young men and women, anddid not believe tha t a n y o n e wouldunder take to fur ther handicap the insti tution by holding up an appropriat ion as imperative as this. B ut wefind now t ha t th e University is again

    at tacked and t ha t unless the peoples tand by their University i t s work issure to be seriously hampered.

    ' ' Ie wish to make on e fu r the r s ta tement to the people of Oregon. Thecost to the taxpayers of Oregon perstudent for the yea r 1912 w as $180,which is much lower t han tha t in mostinstitutions. I t is our purpose to keepthis cost a t the lowest possible pointconsistent with efficiency. B ut theState is growing and th e students areincreasing in numbers, the present

    buildings a re overtaxed, and unless wecan have funds to provide more room,the time is close a t hand when wemus t turn some of our young men andwomen away. In fact. we a re virtuallydOing th is now, for the schools ofWashington and California hav" no w

    enrolled Oregon students running intothe hundreds.

    The legislature of 1913 tool< the important constructive step of paSSing amillage-tax bill for both th e Universityand the Agricultural College, whichwill go into effect in 1915 and automatically provide for the support of

    th e two insti tutions thereaf ter withoutfu r the r participation in pOlitics. Meanwhile, we urge upon the voters of th eSta te the pressing need of the building and improvements asked for, andrespectfully request your support a tth e polls.

    Dated June 9, 1913.R . S. BEAN,

    President o f th e Boa"d of Regents.

    Salem, Oregon, June 10, 1913.

    To th e Vvte, 's o f O"egon:I wish to add my endorsement tothe above s ta tement and to say fur thertha t I am in Close touch with the si tuation a t the University and lmow thismoney is sadly needed in order t ha tth e bllilclings may be placed in service-

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    The Library, Deady Hall and Villard Hal l (Universi ty of Oregon

    felt keenly th e responsibility for keeping the doors of the University openfor our young men and women, anddid not believe t ha t a n y o n e wouldunder take to fur ther handicap the insti tution by hoiding up an appropriation as ilnperative as this. But wefind now t ha t th e University is again

    at tacked and t ha t unless the peoples tand by the i r University i t s work issure to be seriously hampered.

    'V e wish to make on e fu r the r s ta tement to the people of Oregon. Thecost to the taxpayers of Oregon pers tudent for the yea r 1912 w as $180,which is much lower t han t ha t in mostinstitutions. I t is our purpose to keepthis cost a t the lowest possible pointconsistent with efficiency. B ut th eState is growing and the students areincreasing in numbers, the present

    buildings a re overtaxed, and unless wecan have funds to provide more room,the t ime is close a t hand when wemust turn some of our young men andwomen away. In faot, we a re virtuallydoing this now, for the schools ofWashington and California have now

    enrolled Oregon students running intothe hundreds.

    The legislature of 1913 took the important constructive step of pass ing amillage-tax bil l for both the Universityand the Agricultural College, whichwill go into effect in 1915 and automatically provide for the support of

    th e two insti tutions thereaf ter withoutfur ther participation in pOlitics. Meanwhile, we urge upon the voters of th eState the pressing need of the building and improvements asked for, andrespectfully request your support a tth e polls.

    Dated June 9, 1913.R. S. BEAN,

    P,'esident of th e Board of Regents.

    Salem, Oregon, .June 10, 1913.

    To the V ute1'S of Oregon:I wish to add my endorsement to

    the above s ta tement and to say fur thert ha t I am in close touch with the si tuation a t the University and know thismoney is sadly needed in order thatthe b1Jj)djpgs m ay be placed in 'service-

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 7

    McClure Hall (UniversitY of Oregon)

    able condition and no longer s tand asa disgrace to our State. I t is but asmall sum to ask, the University isentitled to i t and I most earnest ly appeal to tlle voters of th e State to giveth e insti tution their support .

    OSWALD WEST,Governor.

    Statement of Alumni Associa t ion.

    The above bills deserve to pass intolaws for th e following reasons;

    1. The sums called for, aggregat ing$175,000 fo r a ne w building and forbet terments a t th e State University a tl

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 9

    argumentin ' the voters ' pamphlet op

    posing the initiative bill for placingthe University and the Agricultural College under a single board or' regents,and" 'supportlng 'the two institutions bya miJlage tax. The proposed millagetax'; " " u ~ d e rth e terms of the bill, wasdesjgned to take the place of all otherState taxes for the support" of th e tw oschools, except tha t fo r the space ofon e year the sum of $125,000 for theU n i v " r s i t ~ ' ,and the sum of $220,000for the Agricultural College, provided

    for .un.der Jaws then in force, shouldcontinue to be collecter1. This millagebill, in section 9 (voters '" pamphlet,1912, page 78) specifically repealschapters 164 and 16 6 of the generallaws of Oregon, 1911 ( the Universityappropriation bills) so that, had themillage l?ill passed, none of the sumsappropriated by the bills held up byParkison 's referendum would have beencollected. Yet, Mr: Parkison stated,in his advice to the voters, against themiilage oill (liee voters' pamphlet, 1912,

    page 82 ) tha ti f

    the friends of theUll,iv!)rsity should succeed in killingthe' r ~ f e r e n d u mlIPon the approPl'iationbills, .a s the;); were t rying to do, "thetaxpayerS of th e State will have over$1,288,000 , t o dig up for the tw oschools in 1913."

    '1'118 assertion ,vas a Inis-statem'3ntof the facts to the extent of more thant01tr hnncl1'ecl th01ISa?ul cloll(L1's; i t wascalculate'! deeply to prejudice th e cai.lseof the University; and i t is inconc"iv-"aole ho w on e who ventured to advise

    the entire electorate of th 9 commonwealth as to how .they should vote ona specific bill could have been ignorantof the most materia]'" provisions' of theb.ill about which 11e w as offering a d ~ ' i c ~ .

    The voters of Oregon have a r ightto ,determine on th e ba"sis of such facts- a l l o f which are of record-to, " 'ha textent i t would he wise to d e p e n d ~ p o nMr. H. J. Parl

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    Campus Views (University of O r e g o n ~

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 19l3. 11

    of proper ty to sell a t the o the r c i tyin the mids t of a commercial depression caused by the removal of thescholast ic populat ion. I f the consolidat ion were ordered a t a th i rd point,these expenses would be doubled.

    7. Dupl ica t ion of effort between th etwo colleges has been reduced so f a ra s seems des i rab le since the crea t ion ofthe State Board of Higher Curricula,which ha s absolu te author i ty to elimina te a t i t s discl 'etion duplicated coursesa t ei ther inst i tut ion. The Board hasa l r eady t aken vigorous measures in reducing unnecessary duplicat ion. Suchdupl ica t ion a s remains is of the k indt h a t would have to exis t even in aconsolidated ins t i tu t ion . Addi t iona lgroups of s tudents inevi tab ly call foraddi t iona l uni ts of equipment and addit ional instructors . Duplicat ion is undes i rab le when i t means unnecessal 'yexpense, but t h a t i t is no t a press ingproblem is shown by t.he f igures whichprove t h a t th e separa te ins t i tu t ions a remore economical than th e consolidated.See page 11 of th is a r t ic le for views ofState Grange and page 11 for views ofValley Division Sta t e P re s s Associat ion.

    ,V e respectfully as k the voters tovote "Yes" on the above measures andpermanent ly remove the two collegesof Oregon f rom pa r t i s an politics, leaving them proper ly equipped to use togood advantage the suppor t providedby the millage law which goes intoeffect in 1915.UNIVERSITY OF OREGON ALUMN I

    ASSOCIATION,C. 'Y. CONVERSE, W . T. SLATER,

    Secretary. President.

    State Grange Investigates, Thenli'avors Adequate Support .

    The Oregon State Grange in 1911selected a committee "charged wi ththe duty of mal t ing a thorough andunbiased inves t iga t ion of th e ent i resubjec t of higher educa t ion in Oregon,"and to repor t back to the Grange i t scomplete findings. After an exhaust ive s tudy cover ing a l l the Sta t e s inth e Union, th e commit tee , M ay 14 ,1912, opposed the idea of consolidating the Oregon Agricul tura l Collegeand the Univers i ty of Oregon, and ther epo r t of the commit tee w as adopted.

    A t the Oregon Grange session inMay, 1913, the Grange affirmed i t sposit ion on the mat ter.

    T he epitomized f indings of the commit tee fo l low:

    " I f an a t t empt were made a t absolu te consolidat ion * * * i t would meanei ther the abandonment of one p lan twith a necessary enlargement a t th e

    other, or the abandonment of both.In addi t ion to the legal difficulties alr eady pOinted out, i t would doubtlessresul t in ser ious f inancial loss to th eSta te , for ne i ther communi ty couldmake advantageous use of th e plantsso a s to purchase i t f rom the Sta te ,while the inves tment for new and enla rged p lan t would necessar i ly be veryheavy. I t m u s t also be recognized t h a tt he r e would natura l ly a r i , ~ ean in tense

    sectional feel ing which could no t fai lto seriously in ter fere wi th the successof the new venture and hamper i t ssuccess in many ways .

    "There is amp l e evidence to jus t i fythe belief t h a t those s t a t e s which haveth e segregated sys tem are, on theaverage , secur ing every w h i t a s g rea tefficiency f rom the effort expended asthose s ta tes which have the combinedsystem. * * W e would thereforerecommend:

    " F i r s t . - T h a t the two schools be ret a ined a s separa te and dis t inc t ins t itut ions.

    " S e c o n d . - T h a t the w o r k of each bedefini tely defined * * so a s to leaveno , fur ther oppor tuni ty fo r confiict orduplicat ion.

    " T h i r d . - ' l ' h a t they be taken ent i re lyou t of poli t ics in the mat t e r of appropr ia t ions , by plac ing thenl upon a fract ional millage basis as the regularlneans of the i r support ."

    The State Grange , in these resolutions, accura te ly outl ined the coursewhich has been followed in the in tervening period. T he schools, up tothis tiTIle, have been retained a s sepftrate inst i tut ions, a Board of HigherCurr icula h as exerc i sed i t s p lenarypowers in the mfLtter of cut t ing of fduplicated courses, and a millage billhas been pfLssed which will take careof the needs of the inst i tut ions. Thefinal consummat ion des i red by theGrange , t ha t the schools be tfLken o u tof politics, had been effected, but theyhave been dragged back to the pollsby the filing of this re ferendum.

    Not fo!' Best Interests, Say Editors.' l 'he ,Vi l lamet te Val ley Division of

    the State Press Associat ion a t i ts meeting held in Albany, Apri l 19 , resolvedaga ins t th e referendum. (Al l otherpapers in Oregon, not included in thisdistr ict , so f a r a s they have expressedthemselves, a re also agains t the referendum.) The resolutions were int roduced by Mr. Elber t Bede, of theCot tage Grove Sentinel , who sa id hetook pleasure in speaking for a citywhich, on account of a co u n ty divisiondispute, had par t ic ipa ted in hold ing upa former approp,riation, bu t \vas no-vvwill ing to s ink a ll 10,cal politics andconsider only the problem of r ightlyeducat ing the youth of Oregon. Theresolutions sa id :

    "Whereas , An effort is being madeto invoke the re ferendum upon the appropr ia t ions made by the l a s t legisla ture for bui ld ings a t th e Univers i t rof Oregon; and ,

    "W herea s , This re ferendum Is ex

    t r avagan t and i l l -advised; and,",Vhereas, This a t t empt to invoke thereferendum upon the UniverSity appropriat ion, in view of the rcprel lensible methods employed in former effortsby those w ho a re connected with thepresent movement , is a n abuse ,of thereferendum, and, a s such, br ings discredi t upon our sys tem of State gove rnmen t and d isgrace upon th e reputa t ion of Oreg on ; and,

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    "Whereas, W e believe all th e educational insti tutions of the State shouldbe supported and mainta ined in sucha manner as will make them efficientin the highest degree, thereby enablingthem to serve to the best purpose thosefunctions for which they were created;and,

    "Whereas, We believe the Universityof Oregpn is a valuable asset to th epeople of Oregon and an importantfactor in the growth and progress ofth e State ; and,

    " 'Vhereas, We do not believe thepresent at tempt to invoke the referendum upon the appropriations forbuilding a t the University of Oregon isInspired by a desire on the par t ofthose who a re behind i t to serve thebest interests of th e State, bu t springsfrom motives that are unworthy ofconsideration by th e voters of theState ; and,

    "Whereas, We believe th e press, because of i ts influence upon publicopinion and sentiment, should take anactive s tand for those th ings tha t a refor the bes t interests of th e people ofth e State and agains t those things tha tare not,

    "Be i t therefore Resolved, Tha t theWillamet te Valley Division of the Oregon State Press Association, in meet

    ing assembled, condemn the at tempt toinvoke the referendum upon the appropriations for buildings a t the University of Oregon, and hereby declareitself a s opposed to i t ; and,

    "Resolved, T h a t a copy of these resolutions be printed in all the newspapers in this division of th e OregonState Press Association."

    (Adopted April 19, 1913.)

    Affirmative Statement of the People 's Higher Educat ion League.The period allowed between the filing

    of th e referendum, to be voted on a tth e special election, and the t ime whenarguments must be filed, is to o briefto go into an extensive discussion. Weshall therefore merely outl ine ourviews.

    Our league recognizes th e r ight ofthe people to reconsider by referendumall legislative matters as to which theyhave any doubt. Furthermore , we dono t purpose to persuade other votersto our way of thinking on this matter,but we do ask, with grea t earnestness,tha t all voters ascertain the t rue factsin the case, from rel iable sources, before cas t ing their ballot.

    The members of our organization desire to place themselves on record as

    emphatically opposed to this referendum, because in our opinion i t is th ef irst s tep in striking a crippling blowto all efforts in th is Sta te directedtowards the higher education of ouryoung people. W e have also come toth e conclusion tha t th e referendum directed towards the appropriation ofmoney for betterments a t the University of Oregon, is based upon unsound and false premises, because,first :

    The history of insti tutions of hi:;hereducation in our sister s ta tes pJ"L)vesthat there is no economy in combiningthe university course \vith the agr icultural course.

    Second, th e experiences of ou r sisters ta tes demonstrates, to al l students ofthe matter, that instead of obtaininggreater efficiency the contrary is morelikely to be th e result; th e efficiency isdeteriorated, and especially is this t rueof the work directly concerned withthe agricultural college.

    The advancement of our great Stateis in the hear ts of all of us . I t is onlywithin recent years that our State hasgiven any attention to the developmentof i ts insti tutions for higher learning.

    Those who have been a t Eugene knowthat the University is ideally situatedthere. Some o f the best universit iesof our country are situated a t smallerplaces. I t is not desirable tha t all insti tutions should be grouped togetherin anyone . place in this State. . Thereis now in the City of Portland a college which is amply able to take. careof the young people who live in tha tcity.

    Since our agricultural college, sosplendidly located a t CorvalliS, no wstands on a s t rong foundation fo rrapid growth, why should it be hampered by experimentations of doubtfulWisdom?

    W hy not le t our tw o grea t State insti tutions grow as now located? Computation will prove that their maintenance is a mere trifle to th e individual taxpayer.

    Furthermore, the State now haslarge and valuable properties a t Eugene and a t Corvallis. Which of theseshall be sacrificed? And why sacrificeeither and compel th e taxpayers of th eSta te to go to th e expense of reproducing th e abandoned property? ,Vhynot ra ther use, for the bettering of ourexisting inst i tut ions, th e mon"y whichwould be required to make good suchwaste?

    'Ve appeal to the voters to seriouslyand conscientiously think over all thesematters.

    'V e fur ther ask the voters to stopand think what the atti tude of thosewho vote to uphold the r e f e r e n d u mand thus re tard the development ofthe University of Oregon-means . I tmeans tha t these voters are forciblypreventing our young people, no w a ttending the University, from having thefull benefit of that which others- ,-wem ay say th e grea t major i ty of th evoters of this Sta te - in tended for themto have. Surely, in the mat te r ofhelping th e young people of this Stateto acquire that knowledge which. theydesire to obtain, our Sta te cannot takea small at t i tude. In such mat te r s , weshould ra ther vie to be classed amongthe most l iberal of our s is ter states.

    PEOPLE 'S H I G H E R EDUCATIONLEAGUE.

    T . J. GEISLER, E. HOFER,Seoretary, Ohairman.

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    (On Official Ballot, Nos. 304 and 305)A MEASURE

    To protect the public peace, heal th and safety from habitual criminals,moral degenerates and sexual perverts; to l 'equire the SUl}erintend-ents of the Oregon State Insane Asylum, the Eastern Oregon StateHospital , the Sta te Ins t i tu t ion for Feeble-Minded, and the OregonState Penitentiary to l 'eport quarterly the names, records, condit ion and character of all inmates of their respective insti tutionswho are hubitual criminals, moral degenerates o r sexual perverts;to authorize the State Board of Heal th to investigate, or cause tobe investigated, all such cases so reported to i t ; to authorize theState TIoard of Health, in i ts discretion, to direct the superintendents of the said insti tutions to perform o r cause to be performed, such surgical operations as may be fo r the best interestsof the public peace, heal th and safety, filed in the office of theSecretary of State l

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    in i ts discretion, to direct the superintendents of the said insti tutions toperform or cause to be performed,such surgical operations as may befor the best interests of the publicpeace, heal th and safety.

    Be i t enacted by the People o f th eState of Oregon:Section 1. I t is hereby declared tha t

    _habitual criminals, moral degenerates,and sexual perverts a re menaces tothe public peace, heal th and safety.Habi tual criminals a re those wh o havebeen three or more t imes convicted ofa felony in the courts of any Stateand sentenced to serve in th e penitent iary therefor. Moral degenerates andsexual perverts are those who are addicted to th e practice of sodomy or thecrime agains t nature, or to othergross, bestial and perverted sexual habi ts and practices prohibited by statute.Any person convicted of rape whenth e offense is committed on a female

    over the age of consen t a s fixed byLord's Oregon Laws or on a femaleunder the age of fourteen years withor wi thout consent, or on a femalebetween the ag e of fourteen years andth e age of consent, where rape is committed as defined by Lord 's OregonLaws for rape over the age of consent, shall be deemed to be a moraldeg-enerate under the te rms and provisions of this ac t ; provided, however,tha t 'i n any case where the convictionof rape is secured by circumstantial

    evidence only, other than the evidenceof the prosecutrix, this law shall notapply.

    Section 2. I t shall be, and is herebydeclared, th e duty of the superintendent of th e Oregon State Insane Asylum, the superintendent of the EasternOregon State Hospital , th e superintendent of th e State Insti tution forFeeble-Minded, and the superintendentof th e Oregon State Peni tent iary torepor t on th e first day of each quar ter

    to the Sta te Board of Heal th thenames, record, character and conditionof any and all inmates of their respective insti tutions who m ay be habi tual criminals, moral degenerates orsexual perverts .

    Section 3. Immediately upon it s receipt of the reports provided for in

    Section 2, th e State Board of Heal thshall investigate, or cause to be investigated, each case so reported to it .Such investigation shall be conductedin a careful and thorough manner andin accordance with th e recognized rulesof medical science. A full and complete report of such investigation shallbe prepared and preserved in therecords of the said Board, and a copythereof shall be furnished to the superintendent of th e insti tution in whichthe inmate is confined. I f th e saidinvestigation shall disclose tha t theinmate, so reported upon, is a habitual criminal, or is a moral degenerateor a sexual pervert the said Boardshall so certify in an order to th esuperintendent of the insti tution inwhich the inmate is confined directingthe said superintendent to perform, 01 'cause to be performed, such surgicaloperation upon the said inmate as , inthe opinion of the said Sta te Boardof Health, may be necessary for theprotection of the peace, heal th andsafety of the State. Any such inmate,

    desiring to appeal from the decision ofth e said Board, 01 ' in case the personis under guardianship or disability, thenthe guardian of said person may takean appeal to the circuit court of th ecounty in which- the institution, inwhich the person is confined, is located, A notice of appeal shall be allthat is necessary to make the appeaLThe Board shall certify to the saidcircuit cour t th e repor t of the investigations hereinbefore described.

    '1'he tr ial on such appeal shall be atr ial de novo a t la w as provided byth e s ta tutes of this State, for the tr ialof actions a t law. I f th e court orjury shall find tha t th e person accused is a habitual criminal, moral de!;"enerate or sexual pervert , as hereinbefore defined, said court shall entera judgment ordering that the findingsof the said Board shall be carried outas hereinbefore provided.

    Section 4, Upon receipt of the orderfrom the State Board of Health, provided fo r in Section 3, th e superintendent of the insti tution to which i tis directed shall, and i t is hereby madehis lawful duty, to perform, or causeto be performed, such surgical operation as may be specified in th e orderof the State Board of Health. Al l suchsurgical operations shall be performed

    with a due regard for th e physical,mental and moral bet terment of th einmate and for the protection of th epeace, health and safety of th e public.

    Section 5. The provisions of thisact shall apply to both male and female inmates of any of the insti tutionsdesignated herein.

    Filed in the office of the Secretaryof Sta te Februa ry 18. 1913.

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 15

    (On Official Ballot , Nos. 306 and 307)

    A MEASURE

    To provide for Distr ict Attorneys fo r the State of Ol'egon, and to prescribe and regulate thei r duties, and to prescribe thei r salaries, an dto repeal al l acts and par ts of acts in conflict herewith, filed in th eoffice of the Secretary of State February 28 , 1913, to be submittedto the legal electors of the State of Oregon for the i r approval o rrejection a t the SPECIAL ELECTION to be held NOVEMBER 4,1913, upon peti t ion for referendum filed in the office of the Secretary of State May 31, 1913, in accordance with the provisions ofSection 1 of Article IV of the Consti tution of the State of Oregon.

    The following is the form and number in which the measure will beprinted on the official ballot:

    REFERENDUM ORDERED BY PETITION OF THE PEOPLE

    COUN'l'Y ATTORNEY A CT-Re fe r r ed by author i ty of MI'. J. E. Craib,

    No. 431 \Vorcester Building, Port land, Oregon. I ts purpose is toprovide a District Attorney for each county in the State, and tofix the i r salaries in l ieu of the present system of having a DistrictAt torney for several counties, clothed with the author i ty to appointdeputies for other counties. Vote YES 01 ' NO

    306. Yes.

    307. No.

    AN ACT(N . B. 449)

    To provide for District Attorneys forthe State of Oregon, and to prescribe and regulate their duties, andto prescribe their salaries, and torepeal al l acts and par t s of acts Inconflict herewith.

    Be i t enaoted by the People of th eState of Oregon:Section 1. Tha t there shall be elected

    a t the regular biennial election in1916, and every four years thereafter,

    by th e qualified electors of the severalcounties of this State, District Attorneys, who shall hold office for th e termof four years and unti l his successoris elected and qualified; provided, how-ever, t ha t each of the Dis t r ic t At torneys In office when th is ac t goes Into

    eff ec t shall then become and be theDis t r ic t At torney for t ha t county ofhi!, district of which he is then a resident and shall hold such la ter officeunti l th e expiration of the term forwhich he w as elected, and unti l hissuccessor is appointed or elected andqualified.

    Section 2. The salaries of th e severa l Dist r ic t Attorneys created underthis act shall be paid by the Sta te inthe same manner t ha t the salaries ofthe District Attorneys a re now paid,and the same shall be received by them

    in full compensation for the i r servicesand shall be as follows:For Baker County ..................... $2,400.00F o r Benton County .................... 1,200.00For Clackamas County ............ 2,100.00F o r Clatsop County .................... 1,800.00F o r Columbia County .............. 1,200.00

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    For Coos County _ 1,800.00For Crook County _ 1,500.00For Curry County __ .... __ 600.00For Douglas County __ ':.. 2,100.00For Gilliam County .. _ . __ 1,000.00For Grant County .. _ ~ , 5 0 0 . 0 0F or Harney County.__ 1,500.00For Hood River County_ 1,200.00For Jackson County. . 2,400.60For Josephine County _ 1,200:00For Klamath County. 1,800.00:ror L\Lke County._ ...... ________.. 1,800.00For Lane. County ....... _____ 2,100.00Fo!' Lincoln County ..... _ 600.00For Linn County. ____.... _ ..... _ . ___ 2,100.00For Malheur County._ .. _ _ _ 2,100.00For Marion County _ . _."" ..... 2,100.00p'or Morrow County. ____... 1,200.00For Multnomah County __ 4,000.00For Polk County...... . . . . . 900.00For Sherman County ... ___ 1,000.00For Tillamook County __ ._ . 1,200.00For Umati l la County. . __ 2,400.00For Union County . . . . . _ . _ __._ 1,800.00For \yal lowa Count) .. _ 1,200.00For Wasco County._ 1,800.00

    "'or \Yashlngton County 2,100.00For Wheeler County .. _._ 1,000.00For Yamhill County.. 1,20.0.00

    P"ovided, tha t the Dist r ic t Attorneyof Multnomah County shall be entitledto th e following deputies with th e following salaries: On e deputy a t $2,-400; three deputies a t $1,800 each;three deputies a t $1,200 each.

    Section 3. I t shnJI not be lawfulfor any District Attorney within anycounty in this State, who may have apartner in the practice of law, to ..suffer such partner to prosecute or defend divorce cases or to defend caseswherein the State of Oregon is plaintiff and such District Attorney is the .public prosecutor, and i t shall be th eduty of th e several judicial officers ofthis State to prohibit such practice inall cases coming before them in thedifferent courts of this State.

    S\,ction 4. The several District Attorneys provided and created under the

    provisions of this act shall possess th e

    sanle qualifications, have th e sanle

    powers, perform the same duties andbe subject to the same restrictions asare, now provided by th e consti tu tionand laws of this State relating toprosecuting and District Attorneys;provided, tha t a District Attorney mayappoint a deputy a t any t ime for hi scounty, which deputy shail have ' th esame powers and possess the same

    .qualifications as th e Distr ic t Attorney.Section 5. ' l 'hat as soon as this act

    goes into effect and becomes it law theGovernor . shall appoint s u l t ~ b l eandqualifiedp'erscins respectively residentsof each of such cou,nties ill th is Statein which there is no Distr ic t Attorneyresident thereof to serve a s Distr ic tAttorney of such COun ty, to ' hold officeuntil th e general election in 1916, oruntil . his succeSSOr is elected andqualified, and whenever the term ofany Distr ic t At torney for which hewas elected shall expire before the saidgeneral election in 1916, such officeshall then. be vacan t and the Governor

    shall thereupon appoint a suitable andqualified. person to fill such vacancyand to hold such off iceunt i ) the saidgeneral election in'1916, and until hissuccessor is elected and qualifi'ed.

    Section 6. Whenever in the judgment of th e county court of any county of th is State there is businessenougll to warran t 'the appoint"ment ofa deputy district attorneY in and forsaid county, the said county.cour t ishereby authorized to empower the Di8-

    trict Attorney of said county to appoint a deputy whose compensationshall be fixed by the said county courtand paid out of the county funds a tthe same time and in th e same manneras county officers are no w paid.

    Section 7. ' l 'hat Sections 1133 and1134 and all acts and par t s of acts inforce and in conflict with this ' ac t arehereby repealed.

    Section 8. '['his act shall becomerffective July 1, 1913.

    Filed in the office' of the Secretary

    cif State February 28 ; 1913.

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    (On Official Ballot , Nos. 308 and 309)

    A l\lEASURliJ

    To create a State Indust r ia l Accident Commission and providing anIudust r ia l Accidentl

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    Be i t enacted by th e People of th e

    State of O,'egon:Section 1. The State of Oregon rec-

    ognizes t ha t the prosecution of th evarious industrial enterprises whichmus t be relied upon to create and pre-serve the weal th and prosperity of th eState involves th e injury of large num-bers of workmen, result ing in the i rpar t ia l or total incapacity or death,and t ha t under the rules of the com-mon, law and the provisions of thes ta tu tes no w in force an unequal bur-den is cas t upon i ts ci tizens, and tha tin determining the responsibility ofthe employer on account of injuriessustained by his workmen, a grea t andunnecessary cost is now incurred inlitigation, which cost is divided be -tween th e workmen, the employers andth e taxpayers, wh o provide th e pub-li c funds, without any correspondingbenefit, to mainta in courts and jur iesto determine th e question of responsi-bility under th e la w a s i t now exists,and t ha t th e State and i ts taxpayers

    are subjected to a heavy burden inproviding care and support for suchinjured workmen and their dependents,and t ha t this burden should, in so faras m ay be consistent wi th the rightsand obligations of th e people of theState, be more fairly distributed, as inthis a c t provided,

    Section 2, A Commission is herebyereated which shall be known as the"Sta te Indust r ia l Accident Commis-Sion," to be composed of three Com-missioners, Immediately upon the tak-ing effect of this ac t the Governorshall appoint such Commissioners, notmore than two of whom shall belongto one political party. Such Commis-sioners shall be appointed fo r re -spective te rms expiring on the firstMonday in January in the years 1915,1916, and 1917; t ha t thereaf ter th eCommissioners shall be appointed forte rms of four years by the sameauthor i ty on the fi'rst Monday in De -cember in each year next preceding

    th e expiration of the term of a Com-missioner. Each Commissioner ap -pointed hereunder shall hold office un -ti l his successor is appointed and quali-fied. Any vacancy shall be filled byappointment by the Governor. Inas-much as the duties to be performed

    by such Commissioners Vitally con-

    cern the employers, th e employees, a swell as th e whole people, of the State,i t is hereby declared to be the purposeof this act that persons be appointedas Commissioners who shall fairlyrepresent the interests of all concernedin i ts administration.

    Section 3. The Governor may, a tany time, remove an y Commissionerappointed by him, for inefficiency,neglect of duty or malfeasance inoffice. Before such removal he shallgive such Commissioner a COpy of thecharges agains t him and shall fix thet ime when he can be heard in his owndefense, which shall not be less thanten days thereafter, and such hear ingshall be open to th e public. I f suchCommissioner shall be removed, theGovernor shall file in the office of theSecre tary of State a complete state-ment of all charges made agains t suchCommissioner and his findings thereon,with a record of the proceedings. Suchpower of removal shall be absolute

    and there shall be no r ight of reviewin any court whatsoever.

    No Commissioner shall hold an yother office or pOSition of profit o rpursue any other business or vocationor serve on or under any committeeof an y political par ty, but shall devotehis entire t ime to the duties of hisoffice.

    Before enter ing on th e duties of hisoffice, each Commissioner shall takeand subscribe to an oath 0'" affirma-tion tha t h e ' will support the Consti tu-tion of the United States and of th isState and faithfully and honestly dis-charge the duties of such office ofCommissioner; t ha t he holds no otheroffice or position of profit, and tha the pursues and will pursue while suchCommissioner no other call ing or ,vo-cation, and t ha t he holds, and whileSUCll Commissioner will hold, no po -sition under any political par ty, whichoath or affirmation shall be filed inthe office of the Secre tary of State.

    Ea'ch of the Commissioners shallalso, before enter ing upon the dutiesof his office, execute a bond payableto th e State of Oregon, in the penalsum of $10,000, with sureties to beapproved by the Governor, conditionedfor the faithful discharge of the duties

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    of his office, which bond when soexecuted and approved shall be filedin th e office of the Secretary of State.

    Each of th e Commissioners shall receive an annual salary of thirty-sixhundred dollars ($3600.00), payablefrom the fund hereinafter. provided.

    Section 4. 'l'he Commissioners soappointed under this act shall, withintwenty days after their appointment,meet a t th e State Capitol and organizeby electing on e of their number chairman, who shall serve until the Commissioner to be apPointed for the termcommencing in January, 1915, shallhave qualified and taken office. Immediately after th e qualification of theCommissioner for the term commencingin January, 1915, and biennially thereafter, the CommisSioners shall meet a tth e office of th e Commission, Whichshall be maintained a t th e StateCapitol, and shall elect a chairman,who shall serve fo r tw o years and unti l his successor is chosen.

    Section 5. A majority of th e Commissioners shall constitute a quorumto t ransact business, and th e act ordecision of any tw o of th e Commissioners shall be deemed th e act or decision of th e Commission. No vacancyshall impair the right of th e remainin g Commissioners to exercise all th epowers of th e Commission.

    Section 6. The Commission may employ and terminate th e employment ofsuch assistants, experts and clerks asmay be required in the administrationof this act a t a total expense not exceeding twenty-five thousand dollars($25,000.00) per annum.

    Section 7. The Commission, in i tsname, may sue and be sued, and th eCommission shall have a seal whichshall bear the name of th e Commission. The Commission is herebycharged with the administration of th eprovisions of this act, and to tha t en dmay hold sessions a t any place within th e State, and is hereby authorized

    to issue subpoenas requiring th e a ttendance of witnesses and th e production of documents, and obedience tosuch subpoenas may be compelled, onapplication of th e Commission, by thecircuit court for th e county where suchsubpoenas shall be returnable.

    Section. 8. The Commission is here-

    by authorized to make and declare allrul,?s and regulations which shall reasonably be required in the administration of the provisions of this act, andshall require th e making of reports ofaccidents, reports of amounts paid oragreed to be paid as wages by employers to workmen and may prescribe andrequire th e us e of the payroll form byemployers which shall carry suchspecific information as may be deemednecessary by the Commission, and mayincur such expenses as th e Commissionshall determine reasonably necessaryin th e administration of this act.

    Section 9. The Commission is hereby required to render to th e Governorof th e State, quarter yearly, a reportwith full statistical information covering the acts of th e Commission andth e receipt and disbursement of moneyshereunder.

    Section 10. Al l persons, firms andcorporations engaged as employers inany of the hazardous occupations here

    after specified shall be subject to theprovisions of this act ; provided, how-eve,', tha t any such person, firm orcorporation may be relieved of certainof th e obligations hereby imposed, andshall lose th e benefits hereby conferredby filing with the Commission writtennotice of an election not to be subjectthereto in th e manner hereinafterspecified; provided, howeve, ' , tha twhere an employer is engaged in ahazardous occupation, as hereinafterdefined, and is also engaged in anotheroccupation or occupations not so defined as hazardous, he shall not besubject to this act as to such .nonhazardous occupations, nor shall hisworkmen wholly engaged in such nonhazardous occupations be subject thereto except by an election as authorizedby Section 31 thereof; provided, how-ever, tha t employers an d employeeswho are engaged in an occupationpart ly hazardous and part ly nonhazardous shall come within th e terms

    of this act the same as if said occupat ion were wholly hazardous.Section 11. Al l workmen in the em

    ploy of persons, firms or corporationswho as employers are subject to thisact shall also be subject thereto; pro-vided, however, tha t any such workman may be relieved of th e obligations

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    hereby imposed and shall lose thebenefits hereby conferred by giving tohis employer wri t ten notice of an elec'-tion not to be subject thereto In themanner here inaf ter specified. Anyworkman of the age of sixteen yearsand upwards shall himself exercise theelect ion hereby authorized. The r ightof election hereby authorized shall beexercised on behalf of a ny workmanunder the age of sixteen yc'ars by hisparen t or guardian . This act shall notapply to workmen of less than theminimum age prescribed by law forthe employment of minors in th e occupation in which such workmen shall beengaged.

    Section 12 . Every workman subjectto this ac t while employed by an employer subject to this ac t wh o a ' t e rJune 3D, next following the taking effect of this act, while so employed susta ins personal in jury by accident ar i sIn g out of and in the course of hisemployment and result ing in his dis

    ability, or the benefieiaties as hereina f t e r defined, of such workman In casesuch In jury resul t s In death, shall beenti t led to receive fronT th e Indust r ia lAccident Fund hereby created ' the su mor sums hereinafter specified and ther ight to receive such sum or sumsshall be In lieu of al l claims agains this employer on account of such injury or death except as hereinafterspecially provided; In'ovided, howeve,',t ha t if the Injury to a w o r k m a n ' occurr ing away f rom the plant of hisemployer is due to th e negligence orwrong of another not in th e same employ, the in jured workman, or if deathresul t s from the injury, his widow,children or dependents, as th e C,lsem ay be , shall elect whether to takeunder th is ac t or seek a remedy agains tsuch other, such election to be in advance of any suit, and i f he takeunder th is ac t the cause of actionaga ins t such other shall be assignedto th e State for the benefi t of the ac

    cident fund.I f

    th e other choice ismade the accident fund shall contributeonly the deficiency, i f any, betweenthe amount o f recovery aga ins t suchth i rd person actually collected and thecompensation provided or es t imated bythis ac t for such case. Any such causeof action assigned to the S ta t e m ay

    - - - - - - - " - - - - - -

    be prosecuted or compromised by thedepar tment in i ts discretion. ' A n y _ c o m ~promise by the" workman ofanY-fst!()hsui t which would:'leave a defilcie"cy tobe made good ou t of th e 'accident fundm ay be made only with the ' ,writ tenapproval of the depmtment:

    Section 13.' The hazardous occupa"t ions to which this aC t is applicableare a s follows:

    Factories, .mills and workshops wheremach ine ry is used; printing, electrotyping, photo-engraving and stereotyping plants where mach ine ry, isused ; foundries , ' blas t furnaces, mines,\vells, gas "rorles, . vater worlrs, reduction works, : breVi-'eries,: elevators,wharv(,s, docl

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    with th e yards and premises which arepar t of the plant, including elevators,warehouses and bunkers.

    Mine -'nlcans any ll1ine where coal,clay, ore, nlineraI, gYPSUlTI or rock isdug or mined undergTound.

    Quar ry means an open cut fromw-hich coal is mined, or clay, are, min-eral,' gypsum, sand, gravel, or rock iscut -or taken for manufacturing, build cln g or construction.

    Engineering 'work means any worl{of construction," improvement or al ter

    ation o r ' -repair of b u i l d i n g ~ ,structures, streets, higIHvuys, sewers, 'streetrai lways, railroads not then engagedin in ters ta te commerce, logging roads,in terurban ra i l roads not then engagedin interstate COlllmerce, harbors, docks,canals, electric, s team or wate r powerplants, telegraph and telephone plantsand lines; electric l ight or powerlines, and, includes any other worksfor the construction, al tera t ion or repa i r of which machinery driven by

    mechanical power is used.-The term "employer" used in thisac t shall be taken to mean any person,firm or corporation, but not includingmunicipal corporations, tha t shall cont r ac t for and secure the r ight to directand control the services of any person,and the term "worl ,man" shall betaken to mean any person, male orfemale; who shall engage to furnishhis or her services subject to the direct ion or control of an employer.

    Dependent means any of the following

    nalned relat ives of a \vorkman whosedeath results ' f rom an in jury and wholeaves surviving no \vido\v, wido'wer orchild under the age of sixteen years,viz. : Invalid child over the age of sixteen years, daughter between sixteenand eighteen years of age, father,mother, granrUather, grandmother, stepfather, stepmother, grandson, granddaughter, stepson, stepdaughter, brother,

    . sister, half-sister, half-brother, niece,nephew, who, a t th e t ime of the acciden t a re dependent in whole or inpar t for their support upon th e earni n g s o f the workman, Except where'otherwi&e.' provided by t rea ty, aliensother . than fa ther o r mother, husbal)dand wife -or children, not residing within the Unite,d States a t the t ime ofthe accident, are not Included.

    Beneficiary meansa

    husband, wife,child or dependent of a workman, inwhom shall vest a r ight to receive payment under this act .

    Invalid means one who is physicallyor mentally incapacitated from ea rning.

    The word "child" as used in thisact, includes a posthumous child, achild legally adopted prior to th e injury, and an i l legit imate child legitimated pr ior to the injury.

    Any member or officer of any cor

    pOl'ate employer who shall be carr iedupon the payrolls a t a sa lary or wagenot less than the average sa lary orwage of such payroll , but not other .wise, shall be deemed to be a workluan.

    Section 15. Any employer engagedin any of such hazardous occupationswho would otherwise be subject to thisact, m ay on or before June 15th nextfollowing the taking effect of this actfile with the Commission a s ta tementin wri t ing declaring his election notto contribute to the industrial accidentfund hereby created, and thereuponsuch employer shall be relieved fromall obligations to contribute thereto,and such employer shall be enti t ledto none of the benefi ts of this act, andshall be liable fo r injuries to or deathof his workmen, which shall be oucasioned by hi s negligence, default orwrongful act as i f this act had notbeen passed', and in any action broughtaga ins t such an employer on account

    of an in jury sustained af ter June 30next following the taking effect of thisact, i t shall be no defense for suchemployer to show tha t such injury wascaused in whole or in par t by the negli,gence of a fel low-servant of the injured workman, tha t the negligence ofthe injured workman, other than inhis willful act, committed fo r th e purpose of sus ta in ing the injury, contr ibuted to th e accident or tha t theinjured workman had knowledge of thedanger or assumed the risk which resulted in his injury.

    Any . person,. firm or corporationhe lea f t e r engaging as an employer inany of said hazardous occupations mayfile a lilte notice with sa id Commissionwithin ten days af te r becoming suchemployer and shall thereby and there-

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    upon become relieved from making

    contributions to said fund and shallbe liable to his workmen a s in the caseof exist ing employers so electing andshall as in th e case of such employerslose al l benefit of the defenses abovedescribed. From and a f t e r June 30next following the taking effect of thisact, all employers engaged in saidhazardous occupations shall displayin a conspicuous manner about the i rworks and in a sufficient number ofplaces reasonably to inform the i r workmen of th e fact, printed notices statingtha t they a re or are not, as th e casemay be , contributors to the fund. Thefailure of an employer to display suchnotices shall be a misdemeanor.

    Section 16. Al l such employers whoshaH not as herein provided give toth e Commission wri t ten notice of theirelection not to contribute to said fund,shaH be subject to all of the provisionsof tllis act until and including the nextsucceeding 30th day of June, andthereaf ter unti l and including June 30

    of each succeeding year, unless a t leas ts ix ty days prior to June 30 in some yearwri t ten notice shaH be given to saidCommission of an election to ceasecontributing to such fund, whereuponfrom and a f t e r the succeeding firstday of July the s ta tus of the employergiving such notice shall be t ha t resulting from the giving of th e notice firstabove prescribed.

    Section 17. A n employer who h asso elected not to contribute hereunderm ay a t any t ime by giving to saidCommission th i r ty days' wri t ten noticerecall such election, and from and a f t e rth e expiration of such th i r ty days suchemployer shall become an d continue ina ll respects subject to this act.

    Section 18. On or before June 30next foHowing the taking effect of thisac t any workman in the employ of anemployer subject to this a c t m ay givenotice in wri t ing to his employer of hiselection not to become subject to thisact , and any workman entering theemployment of such an employer a f t e rsuch date m ay a t such time give alike notice and thereupon such workm an shaH be in no wise subject tothe provisions or enti t led to any of thebenefits hllreof. Any workman in theemploy of an employer who shall have

    elected not to contribute to th e fund

    hereby created an d who shall have recalled such election, m ay within fifteendays af ter such recall by his employerhas become effective, give notice inwri t ing to his employer of his electionnot to become subject to this act, andthereupon such workman shall in nowise be subject to the provisions orentitled to an y of th e benefits hereof.

    But if such workman shall sus ta in anInjury within such period of fifteen daysand before he shall have elected notto become subject to this act, he shallhave the option to be exercised beforesuit brought, of taking th e benefitshereby provided or of proceedingagains t his employer as i f this ac thad not been passed. Any workmanwh o shall be in the employ of an employer who shall hereaf ter engage inan y of said hazardous occupations andwho shall have become subject to thisact, m ay give .notice in wri t ing to hisemployer within fifteen days a f t e r hi semployer shall have engaged in such

    hazardous occupations, of his electionnot to become subject to this act, andthereupon and thereafter such workm an shall be in no wise subject to theprovisions or enti t led to any of thebenefits hereof, b u t i f such workmanshall sus ta in an injury within suchperiod of fifteen days, and before he shallhave elected not to become subject tothis act , he shall have the option, tobe exercised before suit brought, oftaking the benefit hereby provided orof

    proceeding agains this

    employer asif this act had no t been passed. Anyworkman who has so elected not tobecome subject to this act m ay a t an yt ime by giving to his employer whois then subject to this act, th i r ty days 'notice, recall such election, and a f t e rexpiration of such th i r ty days such workm an shall become and continue in allrespects subject to this act .

    Any workman who has become subjec t to this a c t shall, if he remainsin the service of the same employer,continue subject to this act to and including the next succeeding 30th dayof June and thereaf ter unt i l and including the 30th day of June of eachsucceeding yea r unless a t leas t th i r tydays pr ior to June 30th in some year heshall give wri t ten notice to his em -

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    ployer of his election not to be longersubject to th is act, whereupon and af terth e succeeding first day of July suchworkman shal l be no longer subjectto this act.

    Section 19. Every employer en-gaged in any of said hazardous occupations wh o shall not have servednotice of his election not to contributehereunder is hereby authorized andrequired to re ta in f rom the moneysearned by each of his workmen wh ois subject to th e act a sum equal tofive-tenths of on e per cent of themoneys so earned in each calendarmonth, and in any event a t leas t 25cents each month, and is hereby required, on or before the fifteenth dayof the next .su?ceedin g month to ~ a yto the CommIsSIOn the sum so re ta inedand an addit ional sum equal to sixtimes such amount.

    Employers and workmen shal l be relieved from contributions to said fundunder the following condit ions:

    F or the purpose of this section allemployers shall be held to be includedin Class A or Class B.

    Class A shall include the followingindustries:

    Electric l ight and power companies,telephone and te legraph companies,railroads and street rai lroads, waterworks, mining of all kinds, logging andlumber ing operations, quarries, smeltin g and reduction works, shipbuildingand stevedoring, stone crushing works,grain elevators, ic e factories and coldstorage plants, general constructionwork of all lrinds, including excavation, erection of s t ructures and wreckin g and repai r of same, grading, ce-ment and concrete work, manufactur iesof chemicals, lumber, mineral waters,rope and cordage, fireworks, pulp andpaper, paper boxes and bags, cementand furniture, wood working' plants ofall kinds, including cooperage, packinghouses, powder works, iron, steel andmeta l works, foundries, breweries, gas

    works, oi l works, and cereal mills.Class B shall include all other indus

    tr ies subject to this act, including thosebrought under i ts operation in pursuance of the provisions of Section 31hereof.

    vVhenever an employer included in

    ClassA shall have made paymentsinto said fund, not including, however,

    moneys retained from his workman 'swages, of an amount equal to threeper cent of his annual payroll com;mted by taking twelve t imes his currentmonthly payroll of workmen subject tothis 'act, he shall thereaf ter be exempted from making fur ther paymentto such fund, provided tha t such employer shall not be enti t led to suchexemption if there shall have been paidout of said fund or se t a p a r t therefrom as here inaf ter proviaed, on account of injuries sustained by hi sworkmen, sums which when deductedfrom th e amount so paid by him shallreduce his payments to an amount lessthan three per cent of his annual payroll. Such exemption shall continueunti l the amount paid by the employershall either by subtracting therefrompayments made f rom such fund together with money se t a p a r t therefromon account of injuries sustained by his

    workmen or by an increase in his payroll fall below a su m equal to threeper cent of his annual payroll, so computed, whereupon his obligation tomake such payments shall be the sameas hereinbefore required.

    Wherever an employer, included inClass B shall have made payment intosaid fund, not including, however,moneys retained from his workmen'swages, of an amount equal to on e andone-half per cent of his annual payrol lcomputed by taking twelve t imes his current monthly payrol l of workmen subject to this act, he shall thereafter beexempted from making fur ther payment to such fund, provided t ha t suchemployer shall no t be enti t led to suchexemption if there shal l have been paidout of said fund or set a p a r t therefrom as hereinafter provided, on account of injuries sustained by his workmen, sums which when deducted fromthe amount so paid by him, shall reduce his payments to an amount less

    than on e and one-half per cent of hisannual payroll. Such exemption shallcontinue unti l the amount paid by theemployer shall ei ther by subtrac t ingtheref rom payments made from such'fund together with moneys set a p a r ttherefrom on account of injuries sus-

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    tained by his workmen or by an increase in his payroll fall below a sumequal to one and one-hal f per cent ofhis annua l paYroll, so computed, whereupon his obligation 1O make such payments shal l be the same as hereinbefore required.

    In computing the amount paid outor set a p a r t from ,said fund by reasonof in jur ies sus ta ined by the workmenof an employer fo r the purpose of dete rmining the r igh t of such employerto exempt ion from contribution hereunder, no account shal l be taken ofsun1S paid out or se t a p a r t in a n ycalendar yea r in excess of six per centof such employer 's to ta l payroll fo rsuch year. ,Vhenever any employershal l have been relieved 0: th e obl'igation to continue payments to such fundas in this section provided, he shallduring th e period of such exempt ioncease re ta ining any sums hereunderfrom the wages of any workmen.Neither th e employer nor th e work

    m an shal l be entit led to th e exempt ionprovided by th is section unless thereshal l be in said industrial accident fundsuf l lc ientmoneys to meet a l l paymentsvlhich shall ha,ve then accrued 'with asurplus of 10 per cent thereon, andunless there shal l have been se t apar tby the State Treasure r f rom said fundth e amounts hereinaf ter required, onaccount of in jur ies rcsul t ing in deathor permanen t disabil i ty.

    Section 20. There is hereby createda fund to be known as th e industr ia laccident fund, which fund shal l be heldby the Sta te Treasurer and by himdeposited in such banks as a re au thorized to receive deposits of th e general funds of the State. All moneysreceived by the Commission hereun(18rshal l be by i t paid over for thwith toth e Sta te Treasure r and shall becomea pflrt of the industr ia l accident fund,and there is hereby appropr ia ted outof any moneys in the general fund inthE! State Treasury no t otherwise ' ap

    propr ia ted th e sum of fifty thousanddollars ($50,000), which shal l becomea p a r t of such fund. There is also

    . appropr ia ted annual ly out of a nymoneys in th e State Treasury nototherwise appropr ia ted a sum equal toone-seventh of th e to ta l sum which

    shal l be received by th e Sta te Treas-,ure r under the provisions of Section 19hereof, and th e moneys so appropr ia tedshal l become a p a r t of such fund. Allpayments author ized by this act , including all salaries, clerk hire and allo ther expenses, shal l be made from theindustrial accident fund.

    Section 21. I f any workman whilehe is subject to th is act and in theser, ' ice of an employer who is t husbound to contribute to th e inc1ustl:ialaccident fund shall sus ta in a personali n ju ry by accident ar is ing out of andin th e course of h is employment causedby violent or external 111cans he , or hisbeneficiaries or dependents, if the inju ry resul t in death , shal l receive compensation according to the followingschedule;

    ( a ) Where death resul ts f rom thein jury and expenses of burial shall , bepaid in all cases not to exceed onehundred dol lars ($100) in any case,and

    ( 1 ) I f the worl{man leaves. a widowor invalid widower, a monthly paymentof th i r ty dollars ($30) shal l be paidthroughout the l ife of the survivingspouse, to cease a t the end of thelTIonth in which l '01narriage shall occu.r;and the surviving spouse shal l alHo Te-ceive six dollars ( $ 6 ) per month foreach child of the deceased under theage of s ix teen years a t the t ime of theoccurrence of the in jury unt i l suchminor shal l reach the age of sixteenyears, b u t the total monthly paymentunder this paragraph ( 1 ) shal l n o texceed fifty dol lars ($50). Upon remarr iage of a widow she shal l receiveonce for a ll a lump sum equal to te nt imes her monthly allowance, viz; thesum of three hundred dollars ($300),b u t the monthly payments for the childor children shall continue as before.

    ( 2 ) I f th e workman leaves no' wifeor husband bu t ~ child or childrenunder the age of sixteen year:;;, amonthly payment of f if teen dollaJ.:s

    ($15) shal l be made to each child unt i l such child shal l reach th e age. ofsixteen years ; Inovided, however, t h a tif any child is under th e age of sixteen years and over the age 'O f f if teenyears, he shal l be en i Ie d to recoversuch payments fo r a period of one

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    SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 25

    year, but the total monthly payment

    shall not exceed fifty dollars ($50),and any defici t shall be deducted proportionately among the beneficiaries.

    (3 ) I f the workman leaves no widow,widower, or child under th e age of sixteen years, b ut leaves a' dependent ordependents, a monthly payment shallbe made to each dependent equal to 50per cent of th e average monthly support actual ly received by such dependellt f rom the workman during th e twelvemonths next preceding the occurrence

    of th e injury, but th e tota l paymentto all dependents in any case, shall notexceed thi r ty dollars ($30) per month,I f any dependent is under the age ofsixteen years a t the t ime of the occurrence of the injury, the payment tosuch dependent shall cease when suchdependent shall reach the age of sixteen years, excepting a daughter, thepayment to whom shall cease when sheshall have reached the age of eighteenyears ; provided, however, tha t if anychild is under the age of sixteen yeatsand over the age of fifteen years, heshall be entit led to recover such payments for a period of on e year: Thepaynient to any dependent shall cease,if , and when, under the same circumstances, the necessity creating th e de -pendency would have ceased if th einjury had not happened.

    I f the workman is under the age of21 years and unmarr ied a t the t imeof his death, the parents or parent ofthe 'workman shall receive twenty-fivedollars ($25) per month for ' eachmonth after his death until the t imea t which ,he would have arr ived a t theage of twenty-one years, provided, how-eV81 ' , tha t such parents shall be en"t i t led thereafter to compensation a sdependents under the provisions of th efirst clause of this paragraph (3) .

    (4 ) In th e event a surviving spousereceiving monthly payments shall di eleaving a child or children under theage of sixteen years, the sum he or

    she ' shall be receiving' on account ofsuch child '01' children shall thereafter,until such child shall arrive a t th e ageof sixteen y e a r s , b e paid 't o the childincreased"tof t f teen dollars per month;providing, howeve,', tha t if any suchchild is under the age of sixteen years

    and over the age of fifteen years he

    shall be entit led to recover such payments for a period of on e year, but th eto ta l to all children shall not exceed th esum of fifty dollars ($50) per month.

    ( b ) Permanent total disability meansthe loss of both legs or both arms, oron e le g and on e arm, to ta l loss of eyeSight, paralysis, or other condition permanently incapacitating th e workmanfrom performing any w ork a t any gainful occupation.

    \Vhen permanent tota l disabili ty re

    sul ts f rom the injury, the workmanshall receive monthly during th e periodof such disabili ty:

    ( 1 ) I f unmarr ied a t the time of th einjury, the sum of thi r ty dollars ($30).

    (2 ) I f th e workman have a wife orinvalid husband, but no child underth e age of sixteen years, the sum ofthirty-five dollars ($35). I f the husband is not a n invalid the monthlypayment of thirty-five dollars ($35)shall be reduced to thirty dollars ( $ ~ O ) .

    (3)I f

    th e workman have a wife orhusband and a child or children underthe age of sixteen years, or being awidow or widower, have any such childor children, th e monthly payment provided in th e preceding paragraph shallbe increased by six dollars ($ 6) foreaeh such child until such child shallarr ive a t the age of sixteen years, butthe total monthly payment shall notexceed fifty dollars ($ 5 0).

    ( 0 ) I f th e injured workman di e during such period of total disability,whatever the cause of death, leaving a\vido\v, invalid v;rido\ver, or child, underth e a g e of sixteen years, th e surviving\vido"r, or invalid widower, shall 1'e-c ~ i v ethirty dollars ($30) per inonthuntil death or remarriage, to be increased si x dollars ($6) per month foreach child under the age of sixteenyears until such child shall arr ive a tthe age of sixteen years ; but if suchchild is , or shall be, without fa theror mother, such child shall receive fif-

    teen dollars ($15) per month untilarr iving a t th e age of sixteen years;provided, however, tha t i f any child isunder th e age of sixteen years andover the age of fifteen years, heshaUbe entit led to reeover such payment forth e period of one year. The total com-

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    bined monthly payment under this paragraph shall in no case exceed fiftydollars ($50). Upon remarriage, thepayments on account of a child orchildren shall continue as before toth e child or children.

    (el) ,V-hen the tota l disabili ty is onlytemporary the schedule of paymentscontained in paragraphs 1, 2, and 3of th e foregoing subdivision "b" shallapply so long as th e to ta l disabilityshall continue, increased 50 per centfo r th e first six months of such continuance, but in no case shall th e increase operate to make the monthlypayment exceed 60 per cent of themonthly wage (the daily wage multiplied by 26) th e workman was receiving a t th e t ime of 11is injury.

    (e ) When th e disability is or becomes part ia l Gmly and is temporaryin character, the workman shall receive for a period not exceeding tw oyears tha t proportion of the paymentsprovided fo r to ta l disabili ty which hisearning power a t any Itind of work

    bears to tha t existing a t the t ime ofthe occurrence of the injury.( f ) Permanent par t ia l disabili ty

    means th e loss of either aIle arm, on ehand, on e foot, loss of hear ing in on eor both ears, loss of on e eye, on e ormore fingers, any dislocation wherel igaments are severed, or any otherinjury known in surgery to be permanent par t ia l disability. Where permanent par t ia l disabili ty shall resul tfrom any injury, th e workman shallreceive the sum of twenty-five dollars($25) a month for the period s ta tedagainst such injury, respectively asfollows:

    In case of th e loss by separation ofon e arm a t or above the eblow joint,or the permanent and complete lossof th e use of on e arm, ninety-six (96)months.

    The loss by separation of on e handa t or above th e wrist joint, or th epermanent and complete loss of theuse of one hand, seventy-six (76)months .

    'I.'he loss by separation of on e leg,a t or above the knee joint, or thepermanent and complete loss of theus e of one leg, eighty-eight (88)months.

    The loss by separation of one foota t or above the ankle joint, or thepermanent and complete loss of theuse of on e foot, sixty-four (64)months.

    'I.'he permanent and complete loss ofhear ing in both ears, ninety-six (96)months.

    The permanent and complete loss ofhear ing in on e ear, forty-eight (48)months, or , a t the option of the workman, nine hundred dollars ($900) ina lump sum.

    The permanent and complete loss ofthe sigh of on e eye, forty ( 40 )months, or , a t th e option of the wol"ltman, eight hundred and fifty dollars($850) in a lump sum.

    The loss by separation of a thumb,twenty-four (24) months, or , a t theoption of the worltman, six hundreddollars ($600) in a lump sum.

    The loss by separation of a firstfinger, sixteen (16 ) months, or , a t th eoption of the workman, three hundr0.dfifty dollars ($350) in a lump sum;

    th e second finger, nine (9) months,or , a t th e option of th() workman, twohundred dollars ($200) in a lump sum;a th i rd finger, eight (8) months, or ,a t th e option of th e workman, on ehundred and seventy-five dollars ($175)in a lump sum; a fourth finger, six(6) months, or , a t the option of th eworkman, on e hundred and fifty dollars ($150) in a lump sum.

    The loss of on e phalange of thethumb shall be considered equal to the

    loss of one-half a thumb; the loss ofon e phalange of a Anger, equal to th eloss of one-third of a finger, aRd th eloss of tw o phalanges of a finger, equalto th e loss of one-half a finger, andthe compensation for the respectiveproportions of th e above period or inth e respective proportions of the abovelump sum shall be payable. The loss ofmore than on e phalange of a thumb, ormore than tw o phalanges of a fingershall be considered as the loss of anentire thumb or finger.

    The loss by separation of a grea ttoe, te n (10 ) months, or , a t the optionof th e workman, two hundred andfifty dollars ($250) in a lump sum;any other toe, four (4) months, or ,a t the option of the workman, one

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    hundred dollars ($100) in a lump sum.In all other cases of injury result

    ing in permanent part ia l disability, thecompensation shall bear such relationto th e periods stated in this clause asth e disabilities bear to those producedby the injuries named in this schedule,and payments shall be made for proportionate periods, not exceeding, howe\:er, ninety-six (96) months, and inall such cases where the period of payment shall not exceed twelve (12)months, but in none other shall th eworkman be entit led to a lump sumequal to the present value of suchmonthly payments computed a t an interest rate of four per cent per annum.

    I f any workman entit led to compensation on account of a permanentdisabili ty shall have received compensation for either temporary tota l disability or temporary part ia l disabili tyby reason of the same injury whichshall entit le him to compensation forpermanent part ia l disability, the number of months during which he shallbe entitled to payments for such permanent part ia l disability shall be reduced by the number of monthly payments which he shall have received onaccount of such temporary tota l disability or temporary part ia l disability.

    ( g ) For every case of in jury resulting in death or permanent tota ldisability or permanent part ia l disability on account of which deferredpayments are provided for a periodexceeding twenty-four (24) months, i tshall be th e duty of th e Commission

    forthwith to notify the State Treasurer in writ ing of th e amount requiredto equal a t four per cent in teres t perannum the present worth of th e monthly installments payable on account ofsuch injury, th e number of such payments being computed in case of permanent total disabili ty according to.the age of th e injured workman, andin the case of death according to theages 0. ( the beneficiaries, both of suchcomputations being according to th e

    American mortal i ty table and th e expectation of life thereunder, and incase of permanent part ia l disabili tyaccording to the schedule above prescribed. Thereupon the State Treasurer sha l l ' t ransfer from th e accident

    fund to a fund to be known as thesegregated accident fund the amount

    so specified by th e Commission. Allmoneys comprised in the segregatedaccident fund shall be invested by theState Treasurer in th e class of securities authorized for the investment bybanks of savings deposits under th ela w of this State. The segregated accident fund and i t s earnings shall becharged with th e payment of th e installments on account of Which suchsegregations shall be made. The StateTreasurer shall keep an accurate ac -count of th e earnings of and paymentsfrom the segregated accident fund andmay bo.rro.w fro.m the accident fund tomeet monthly payments pending co.n-versio.n into cash of any security andin such case shall repay such temporary loan out of the cash realizedf rom the secnrity. Any deficiency inthe segregated accident fund shal l . bemade good out of and any balanceor overplus shall revert to th e accident fund.

    ( h ) Should a fur ther accident oc

    cu r to a v;,rorkman already receiving amonthly payment under this sectionfo r a disability, or who has been previously the recipient of a lump smhpayment under this act, his futurecompensation sha II be adjusted according to the other provisions of thissection and with regard to th e combined effect of his injuries and hispas t receipt of money under this act.

    ( 0 I f aggravation, diminution orterminatlon of disabili ty takes place

    or be discovered after the rate of compensation shall have boen establishedor compensation terminated in anycase, th e Commission may, upon th eapplication of th e beneficiary, or uponi ts own motion, readjust for futureapplication the rate of compensationin accordance with the 'rules in thissection proyided, or, in a proper case,terminate th e payments.

    ( j ) A husband or wife of a n injured worlrman, who has deserted said

    in jured workman for more than on eyear prior to th e t ime of the injuryor subsequently shall not be a beneficia ry under this act.

    ( k ) I f a beneficiary shall reside orremove out o.f the State and shall have

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    been such nonresident fo r a period of

    one year, th e Commission may, in it sdiscretion, convert any monthly payments thereafter to become du e to suchbeneficiary into a lump sum payment,not in any case exceeding four thousand dollars ($4,000), by paying a sumequal to three-fourths of th e presentvalue of such monthly payments, estimated as to duration by the life expectancy of th e beneficiary in case ofdeath or total permanent disability andcomputed according to th e Americanmortality table and on the basis ofinterest a t th e rate of four per centper annum, or , with the consent of th ebeneficiary fo r a lesser sum, and inany case th e Commission may, in it sdiscretion, pay over to any beneficiaryin a lump su m an amount not exceedIn g one-fourth of the present value ofth e monthly installments payable tosuch beneficiary and computed as aforesaid, and thereupon all subsequentmonthly installments shall be proportionately reduced.

    Section 22. I f injury or death results to a workman from th e deliberate intention of the workman himself to produce such injury or death,neither the workman nor the widow,widower, child or dependent of th eworkman shall receive any paymentwhatsoever out of the accident fund.I f injury or death results to a worl{-man from the deliberate intention ofhis employer to produce such injuryor death, the workman, th e widow,

    Widower, child or dependent of the workman shall [ have 1 th e privilege to tal{eunder this act, and also have causeof action against th e employer, as ifthis act had not been passed, for damages OVer th e amount payable hereunder.

    A minor working a t an age legallypermitted under the laws of this Stateshall be deemed 81

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    _proceeding by suit against such employer or of taking under this act. I fsuch person shall elect to take underthis act , the cause of action shall beassigned to the Commission fo r thebenefit of - the accident fund. In anysuit brought upon' such cause of actionthe defenses withdrawn by Section 15hereof from employers electing not' tocontribute hereunder shall be inadmissible. Any slich cause of action assigned to th e Commission may bepi'osecuted or compromised by -it in

    It s discretion. Any compromise by anIndividual claimant under this sectionwhich would result in a deficiency tobe made good out of the accident fundm ay be -made only upon the writtenapproval of th e Commission.

    Section 25. I f any workman shallsustain an injUry which th e Commission shall determine to have beencaused in whole or in p a r t by thefailure of his employer to install ormaintain any safety appliance, deviceor safeguard required by statute, suchworkman, or , if such injury result indeath, then the husband, wife, childor dependent of such workman, shallhave the same rights against such employer as in the case of

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    of or in th e course of the injured person's employment.

    (3) Any other matters th e rules andregulations of th e Commission mayprescribe.

    Section 30. Th e books, records andpayrolls of th e employer pertinent toadministration of this ac t shall alwaysbe open to inspection by th e Commission or it s traveling auditor, agent orassistant, for the purpose of ascertainin g th e correctness of th e payroll, th emen employed, and such other information as may be necessary fo r theCommission and it s management underthis act. Refusal on th e par t of th eemployer to report accidents or tosubmit said books, records and payroll fo r such inspection to any member of th e Commission, or any assistant presenting written authority fromthe Commission, shall subject the offending employer to a penalty of on ehundred dollars ($100) fo r each offense, to be collected by civil action in

    the name of th e State and paid intothe accident fund, and the individualwho shall personally give such refusalshall be guilty of a misdemeanor.

    Section.31. Any employer and hi sworkmen engaged in works other thanthose defined in Section 13 hereof mayaccept th e provisions of this act andbecome subject thereto and entitled toth e benefits thereof by filing with theCommission their written election totha t effect.

    Section 32. Any employer, workman, beneficiary or person feeling aggrieved by any decision of th e Commission affecting his interests underthis ac t may haVe the same reviewedby a proceeding 'in the nature of anappeal and initiated in the circuit courtof the ' county in which th e accidentoccurred,' or in which he ' resides, andsuch appeal shall have ' precedence overall 'other cases except 'criminal cases,am I th e court shall determine whetherthEr. Commission has justly consideredall the facts concerning injury, whetheri t has exceeded th e powers granted i tby . this act, whether i t has misconstrued th e la w and facts applicable inth e case decided. I f the court shalldetermine that th e Commission hasacted within its powers and has cor-

    rectly construed the law and facts thedecision of th e Commission shall beconfirmed; otherwise, i t shall be reversed and modified. Upon th e hearin g .of such an appeal the court in i tsdiscretion may submit to a jury anyquestion of fact involved in such anappeal. The proceedings in every suchappeal shall be informal and summary,but full opportunity to be heard shallbe had before judgment is pr.onounced.No such appeal shall be entertainedunless notice of appeal shall have been

    served by mail or personally upon somemember of th e Commission within thirtydays follOWIng th e renditi.on of th edecision appealed from and actual communicat ionthereof to the person affected thereby. No bond shall be required except tha t an appeal by th eemployer from a decision .of th e Commission under Section 25 shall be in-"effectual unless within. fiye days .fol-lowing th e service .of notice thereof abond with surety satisfactory to th ecourt shall be filed, conditioned to perform the judgment .of th e court. Except in th e case last named an appealshall not be a stay. I f th e decision. ofth e Commission shall be reversed ormodified th e fees of th e medical au 'd 'ot