COPYRIGHT 1917 BY THE AMERICAN LAW BOOK COMPANY CCT ! 1521 J. B. LYON COMPANY ALBANY, N. Y. PUBLISHERS' NOTE WORKMEN'S COMPENSATION ACTS are, in so far as the United States is concerned, of more recent date than the Cyc article on the topic of Master and Servant, the first state act having been passed two years after the publication of that article. Since that time, however, there has been an unprecedentedly rapid adoption of the plan, which the acts embody and a consequent growth of a substantial body of case law on the subject. Owing to the radically new character of this law and the constantly increasing number of decisions it is impossible to present it satisfactorily by way of annotation to previously prepared articles, no matter how fully they may have covered the field of law existing at the time of their preparation. Because of this fact it has been thought proper, in order to preserve the entire comprehensiveness of the Cyc-Corpus Juris System, to prepare and send out with the year's volume of annotations this treatise, which is in fact a Corpus Juris article on the subject, designed for temporary use until the topic is reached in the due course of publication of Corpus Juris, but prepared with the care which would be given a permanent treatise. The title, Workmen's Compensation Acts, has been adopted, although at the outset it was the custom of digesters and classifiers of the law to treat the subject matter as a part of the law of Master and Servant, and although there is authority of the highest character no less than that of the makers of the American Digest classification scheme - for its retention there, since, while the relationship of employer and employee is essential to the application of the compensation acts, their underlying theory seems more closely akin to the principles of insurance than to the principles of the law of Master and Servant.* Attention is called to the importance of preserving this pamphlet. The article in its present form will remain a part of the Cyc-Corpus Juris System, and, as such, will be annotated from year to year in the regular Annotations, until it becomes necessary to rewrite the article and incorporate it in its proper alphabetic place in the last volume of Corpus Juris. In tendering this article to our subscribers we feel that we are fulfilling our promise to keep the Cyc-Corpus Juris service constantly abreast of the times. * See remarks of Lord Chancellor Haldane in Trim Joint District School v. Kelly, [1914] A. C. 667 post page 6. iii CORPUS JURIS ANALYSIS C. Employers' Liability Acts Distinguished [§ 3] p 6 D. Nature of Right to Compensation and Liability Therefor [§ 4] p 6 II. PURPOSE AND HISTORY OF LEGISLATION [§ 5] p 7 III. CONSTITUTIONALITY AND VALIDITY OF STATUTES [§§ 6-27] p 10 B. Foundation on Police Power [§ 7] p 15 C. Denial of Due Process of Law [§§ 8-13] p 16 2. Imposition of Liability without Fault [§ 10] p 17 3. Change in Remedies and Rules of Evidence [§ 11] p 19 4. Abrogation of Common-law Defenses [§ 12] p 201 5. Absence of Notice of Hearing [§ 13] p 21 D. Class Legislation and Equal Protection of Laws [§§ 14-16] p 21 1. Unjust Classification [§ 14] p 21 2. Denial of Equal Protection of the Laws [§ 15] p 24 3. Abridgment of Privileges and Immunities of Citizens [§ 16] p 24 E. Taking Property for Public Use without Compensation [§ 17] p 24 F. Taxation for Private Purposes; Uniformity of Taxation [§ 18] p 24 G. Right to Trial by Jury [§ 19] p 26 H. Impairment of Obligation of Contracts [§ 20] p 27 I. Impairment of Right to Contract [§ 21] p 28 J. Delegation of Judicial Powers and Deprivation of Courts of Jurisdiction [§ 22] p 28 K. Delegation of Legislative Authority [§ 23] p 30 L. Subject and Title of Act [§ 24] p 30 M. Effect of Partial Unconstitutionality [§ 25] p 31 N. Persons Who May Urge Unconstitutionality [§ 26] p 31 O. Violation of Treaty Obligations [§ 27] p 32 IV. CONFLICT OF LAWS [§§ 28-33] p 32 A. Contract within and Injury outside of Jurisdiction [§ 28] B. Injury within and Contract outside of Jurisdiction [§ 29] p 34 C. Place of Contract and of Injury Both outside of Jurisdiction [§ 30] p 35 D. State and Federal Laws [§§ 31-32] p 36 1. Interstate Commerce Regulations [§ 31] p 36 2. Matters within Admiralty Jurisdiction [§ 32] p 39 E. Conflict of Laws as to Time [§ 33] p 39 V. GENERAL RULES OF CONSTRUCTION [§ 34] p 40 VI. EMPLOYMENTS INCLUDED [§ 35] p 41 VII. EMPLOYERS WITHIN INTENT OF ACTS [§§ 36-37] p 45 Abbreviations not heretofore used in Cyc-Corpus Juris System, appearing in this article, are: WCC referring to Minton-Senhouse's Workmen's Compensation Cases. Op. Sol. Dept. Labor referring to The Opinions of the Solicitor for the Department of Labor dealing with Work- Editor of "Landlord and Tenant" 24 Author of "Conflict of Laws" 11 C. J.; "Contracts" 11 C. J.- Joint author of "Indictments and Informations 22 Cyc 157; "Joinder and Splitting of Actions |