so as to answer fully and correctly all questions therein, or if unable to do so, shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the commission within the period fixed by the commission therefor. § 113. Inspection of records of employers.- All books, records and payrolls of the employers showing or reflecting in any way upon the amount of wage expenditures of such employers shall always be open for inspection by the commission or any of its authorized auditors, accountants or inspectors for the purpose of ascertaining the correctness of the wage expenditure and number of men employed and such other information as may be necessary for the uses and purposes of the commission in the administration of this chapter. § 114. Interstate commerce. The provisions of this chapter shall apply to employers and employees engaged in intrastate, and also in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that such employer and his employees working only in this state may, subject to the approval and in the manner provided by the commission and so far as not forbidden by any act of congress, accept and become bound by the provisions of this chapter in like manner and with the same effect in all respects as provided herein for other employers and their employees. Compare § 2, grs. 1-8, 10. The Federal Employers' Liability Act, c. 149, 35 Stat. 85; c. 143, 36 Stat. 291, entitled "An Act Relating to the liability of common carriers by railroad to their employees in certain cases," excludes operation of the Workmen's Compensation Law of New York as concerns all railroad employees injured while engaged in interstate commerce, whether the accident be due to negligence on the part of the railroad or not: New York Central R. R. Co. v. Winfield, 244 U. S. May 21, 1917. This decision of the Supreme Court of the United States reversed a decision of the Court of Appeals of New York which had held that the Federal Employers' Liability Act was inapplicable to accidents not due to the railroads' negligence. Definition of interstate commerce becomes important in view of the U. S. Supreme Court decision. In the compensation case of New York Central R. R. Co. v. White, 243 U. S. 188, 207, March 6, 1917, the U. S. Supreme Court, not long before its decision in the Winfield case, had affirmed a decision of the Court of Appeals of New York holding that railroad employees engaged in new construction work are not engaged in interstate commerce. In other compensation cases, the Appellate Division of the New York Supreme Court has held that a railroad employee injured while repairing an empty car of a foreign company is not engaged in interstate commerce: Parsons v. Delaware & Hudson Co., 167 App. Div. 536; Orkzesz v. Lehigh Valley R. R. Co., 170 App. Div. 15; also an employee injured while working for an intrastate railroad which occasionally carries interstate baggage, freight. passengers, cars, etc.: Fairchild v. Pennsylvania R. R. Co., 170 App. Div. 135. In Southern Pacific Co. v. Jensen, 244 U. S. decided at the same time with the Winfield case, the U. S. Supreme Court held that the Federal Employers' Liability Act was inapplicable, though the Southern Pacific Co. owned and operated a railroad as a common carrier; Jensen having been injured while helping to load the Southern Pacific Co.'s ocean steamship, El Oriente, his case was held to fall within the jurisdiction of the Federal maritime law and the decision of the N. Y. Court of Appeals was reversed on the ground that the Federal maritime law utterly excludes operation of the New York Workmen's Compensation Law. In Clyde Steam ship Co. v. Walker, 244 U. S. reversed by the U. S. Supreme Court at the same time with Southern Pacific Co. v. Jensen, the N. Y. Court of Appeals had held that a claim for compensation might exist concurrently with a remedy in admiralty. For an opinion in line with the Winfield decision of the U. S. Supreme Court compare Saxon v. Erie R. R. Co., N. Y. --, July 11, 1917. § 115. Penalties for false representation.- If for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for himself or any other person, any person wilfully makes a false statement or representation, he shall be guilty of a misdemeanor. § 116. Limitation of time.- No limitation of time provided in this chapter shall run as against any person who is mentally incompetent, or a minor dependent so long as he has no committee, guardian or next friend. Compare §§ 18 and 28. § 117. Duties of commissioner of labor.- The commissioner of labor shall render to the commission any proper aid and assistance by the department of labor as in his judgment does not interfere with the proper conduct of such department. § 118. Unconstitutional provisions. If any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 119. Actions or causes of action pending.- This act shall not affect any action pending or cause of action existing or which accrued prior to July first, nineteen hundred and fourteen. ARTICLE 7 LAWS REPEALED; WHEN TO TAKE EFFECT Section 130. Laws repealed. 131. When to take effect. § 130. Laws repealed.— Article fourteen-a and sections two hundred and fifteen to two hundred and nineteen-g, both inclusive, of chapter thirty-six of the laws of nineteen hundred and nine, as amended by chapter six hundred and seventy-four of the laws of nineteen hundred and ten, are hereby Lepealed. 1"As amended," should read "as added." Article 14-a, indentical with §§ 215-219g, constituting the first workmen's compensation law of New York, was declared unconstitutional in Ives v. South Buffalo Railway Co., 201 N. Y. 271 (1911.) § 131. When to take effect. This chapter shall take effect 1immediately. provided that the application of this chapter as between employers and em ployees and the payment of compensation for injuries to employees or their dependents, in case of death, shall take effect July first, nineteen hundred and fourteen, but payments into the state insurance fund may be made prior to July first, nineteen hundred and fourteen. 1 Word "immediately "substituted for words "January first, nineteen hundred and fourteen," by L. 1914, ch. 41, in effect March 16, 1914. The amendments of L. 1916, ch. 622, took effect June 1, 1916, and the amendments of L. 1917, ch. 705, July 1, 1917. GENERAL INDEX (See also alphabetical finding list of employments following) notices of, §§ 18, 21, subd. 2, § 111.. Actions in court, compensation, payment in default, §§ 26, 54 medical attendance, hospital service, etc., fees, etc., §§ 13, 24. pending, workmen's compensation law not to affect, § 119. state fund, employers' failure to pay amounts due to, § 99. payrolls of employers, falsification, collection of penalty, § 102. Administrators and executors (see Legal representatives). Admiralty law, relation of workmen's compensation law to. Adopted children, death benefits for, § 3, subd. 11... Advance of award, payments by employer in, § 20-a. 22. 35 .5, 20-a. 57 53 20 33 Agreements between employer and employee, compensation for injury, §§ 20, premiums, employees' contributions prohibited, § 31. Aliens, compensation and commutation thereof, § 17. Appeals, appellate division to court of appeals, attorney-general to represent commission, § 23. awards in accordance with decisions on, § 23. bond, commission need not file, § 23. commission to court, § 23. costs, assessment on parties, § 24. exceptions, filing not necessary, § 23. facts, commission's decisions final, § 20. legal services, enforcement of claims for, § 24. state fund cases, allowed, § 23... . . . . Arbitration committees, compensation claims, $ 20. 32. 41 41 22 41 "Arising out of," interpretation of phrase, § 2, gr. 41, § 3, subd. 7, § 10..11, Arms, both lost, compensation, § 15, subds. 1, 5-7. one lost, compensation, § 15, subds. 3, 5-7... amputation relative to compensation, § 15, subd. 3. Assault, accidents arising out of, § 3, subd. 7.. Assessments, liability of state fund insurers for, § 100. Assignment of compensation or benefits, § 33. third party cases, § 29.... Assumption of risk, defendant may not plead, when, § 11. Attorney-general, appeals, representation of commission, § 23. official undertakings, approval of form, § 67, subd. 7. state fund, employers' debts to, actions for collection, § 99. claims for legal services, § 24. Awards (see Compensation). BAD faith of employer, penalty, § 20..... Bankruptcy of employer not to relieve insurance carrier, § 54, subd. 3. Blank forms, preparation and distribution, § 76.... election by employers, § 2..... Board, lodging, etc., inclusion as wages, § 3, subd. 9... Bonds, commission need not file in appeal cases, § 23. PAGE 34 46 53 45 35 32 43 48 33 46, 48 42 13 20 34 Brothers surviving, death benefits, § 16, subd. 4 and final paragraph, § 17.29, 30 Burden of proof in claim proceedings, § 21. Burial expenses. allowance, § 16, subd. 1. CANCELLATION of insurance contracts, § 54, subd. 5.... .39, 40 33 Casualty insurance companies (see Insurance, subtitle private companies Child, definition of term, § 3, subd. 11.. Children surviving, death benefits, § 16, subds. 2, 3 and final paragraph, election of rem lowing index) $ 2 95, 97... .5, 51, ... Coming to work, acce.. while, § 3, subd. 4. appeals, awards in accordance with decisions on, § 23. cancellation of insurance contracts, notice of, § 54, subd. 5. 43 34 32 36. 41 employers, agreement payment receipts, prescription of form, § 20-a. 33 42 election to come under compensation law, method and forms, pre- |