for injuries sustained in the course of employment in or about a mine, factory, building, or vessel is deemed a charge on the employer's interest in such property.

Settlement of disputes.-Disputes arising under the act are settled by the local court of the district in which the injury is received.

CHAPTER X.

THE WASHINGTON WORKMEN'S INSURANCE ACT.

Sec.

160. Form of burial expense
Voucher-Account of de-
ceased workman. (x)
161. Form of final settlement
voucher. (y)

162. Form of election to receive
compensation and assign-
ment of claim-Injuries
by defaulting employer.
(z)

163. Election to receive compensation and assignment of claim-Injury by other than employer. (zz)

164. Statistical reports on the operation of the act.

165. Review of the first eight months' operation of act. 166. Official state safety bulletin.

§ 123. The nature and scope of the Washington industrial insurance act.-The Washington Act covers all employers and employés of forty-eight extra hazardous employments which are specified in the act, and the act is compulsory in form as to all such employers and employés. All civil actions and civil causes of actions for personal injuries and all jurisdictions of the courts of the State over causes of action arising in said employments are abolished. This act, which is an example of progressive legislation along these lines, is set out in full in the following section, together with the Notes of Construction under each section of the same drafted by the commissioners. Since the constitutionality of the act has been sustained by the Supreme Court of the State (see section 127) these notes have the same binding effect upon all persons affected by the statute as the statute itself until overruled by the courts.

§ 124. The workmen's insurance act with its construction by the board.

Sec. 1. Declaration of police power.-The com

mon-law system governing the remedy of workmen against employers for injuries received in hazardous work is inconsistent with modern industrial conditions. In practice it proves to be economically unwise and unfair. Its administration has produced the result that little of the cost of the employer has reached the workman and that little only at large expense to the public. The remedy of the workman has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable. The welfare of the State depends upon its industries, and even more upon the welfare of its wageworker. The State of Washington, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workmen, injured in extra hazardous work, and their families and dependents, is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the State over such causes are hereby abolished, except as in this act provided.

Note by board. The abolishing of jurisdiction of courts over personal injury claims applies only to those in the relation of employer and employé in "extra hazardous" occupations. Employés as members of the public have their rights against third persons as heretofore. Suits allowed against employer, see Sec. 8. Even though the injury or death be caused by the tort of a third person, the employé may obtain compensation by election and assignment, except where a wilful act of such other, committed against the employé, be for reasons personal and not because of his employment.

Sec. 2. Enumeration of extra hazardous works.There is a hazard in all employment, but certain employments have come to be, and to be recognized as being inherently constantly dangerous. This act is in

tended to apply to all such inherently hazardous works and occupations, and it is the purpose to embrace all of them, which are within the legislative jurisdiction of the State, in the following enumeration, and they are intended to be embraced within the term "extra hazardous" wherever used in this act, to-wit:

Factories, mills and workshops where machinery is used; printing, electrotyping, photo-engraving and stereotyping plants where machinery is used; foundries, blast furnaces, mines, wells, gas works, waterworks, reduction works, breweries, elevators, wharves, docks, dredges, smelters, powder works; laundries operated by power; quarries; engineering works; logging, lumbering and ship building operations; logging, street and interurban railroads; buildings being constructed, repaired, moved or demolished; telegraph, telephone, electric light or power plants or lines, steam heating or power plants, steamboats, tugs, ferries and railroads. If there be or arise any extra hazardous occupation or work other than those hereinabove enumerated, it shall come under this act, and its rate of contribution to the accident fund hereinafter established, shall be, until fixed by legislation, determined by the department hereinafter created, upon the basis of the relation which the risk involved bears to the risks classified in section 4.

Note by Board.-Admiralty Jurisdiction, see Sec. 18.

Unlisted extra hazardous occupations will be included in existing classes whenever possible. Obviously, accidents in new and small classes might bankrupt employers included therein. Non-hazardous elective, Class 48.

Sec. 3. Definitions.-In the sense of this act words employed mean as here stated, to-wit:

Factories mean undertakings in which the business of working at commodities is carried on with powerdriven machinery, either in manufacture, repair or change, and shall include the premises, yard and plant of the concern.