versy. And the findings and judgment of the court shall be conclusive on all parties concerned. Said courts may compel the attendance of witnesses and the production of evidence, as in all other cases provided for by law, and the judgment of said court may continue and diminish or increase the weekly payments, subject to the maximum provided in this act. The prevailing party in any action, brought under the provisions of this act, shall be entitled to his costs of suit and reasonable attorney's fees; provided, that nothing in this act shall operate to defeat the constitutional right of appeal.

Sec. 10. If any employer who shall be the principal, enters into a contract with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor's contract with the employer, the said principal shall be liable to pay to any workman employed in the execution of the work, any compensation under this act, which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, then reference to the principal shall be substituted for reference to the employer, except the amount of compensation shall be calculated with reference to the earnings of the workman under the contractor or employer by whom he is immediately employed. Where such principal is liable to pay compensation he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman independently of this section. Nothing in this section shall be construed 23 preventing a workman from recovering compensation under this act, from the contractor or subcontractor, instead of the principal; nor shall this section apply in any case where the accident shall occur elsewhere than on or in or about the premises on which the principal has undertaken to execute the work or which are otherwise under his control or management.

Sec. 11. Nothing in this act contained shall be held or deemed to require any workman or his personal representatives to proceed under its terms and provisions for the recovery of compensation of damages for death or accidental injury. But if the workman or his personal representatives shall so elect, he or they may disregard the provisions of this act and may pursue any other remedy at law for the recovery of such compensation of damages for or on account of such death or injury. The right of election or choice of remedies shall be exercised solely by such workman or his representatives.

Sec. 12. A claim for compensation for the injury or death of any employé or any reward or judgment entered thereon shall be entitled to a preference over the other debts of the employer if and to the same extent as the wages of such employé shall be so preferred, but this section shall not impair the lien of any judgment entered upon any award.

Sec. 13. The making of a lawful claim against an employer for compensation under this act for the injury or death of his employé shall operate as an assignment of any assignable cause of action in tort which the employé or his personal representative may have against any other party for such injury or death, and such employer may enforce in his own name the liability of such other party.

Sec. 14. Nothing in this act contained shall be construed as impairing the right of parties interested after the injury or death of an employé to compromise or settle upon such terms as they may agree upon any liability which may be claimed to exist under this act on account of such injury or death, nor as conferring upon the defendants of any injured employé any interest which he may not divert by such settlement or for which he or his estate shall in the event of such settlement by him be accountable to such dependents or any of them.

§ 291. Nature and scope of the act.-The Kansas act is applicable to certain specified hazardous employments within the state and is without application to employés engaged in interstate commerce. The act is not compulsory, but its acceptance is optional with the employer and employé. Where the act is accepted by the employer a non-electing employé must serve notice on his employer of his refusal to be bound by the act. A non-electing employer is denied the common-law defense of fellow servant and assumption of risk and may only avail himself of the doctrine of comparative negligence. Where an employer who has elected to be bound by the act is sued by a non-electing employé, the employer may avail himself of the commonlaw defenses and the doctrine of comparative negligence unless the injury was caused by the wilful or gross negligence of such employer, or of any managing officer, or managing agent of said employer, or where under the law existing at the time of the death or injury such defenses are not available. The employer is not liable for injuries which do not disable the employé for more than two weeks from earning full wages at his employment, nor is he liable where the injury results from the deliberate intention of the employé to cause the injury, or is due to his failure to observe statutory regu

lations provided for his safety or the injury results from his intoxication. The compensation is computed on the basis of fifty per cent of the impairment of the working power of the employé. Provision is made for arbitration in adjusting compensation and for the filing, cancellation, review and modification of awards; for the entry of judgments and stay of proceedings upon awards, and for the redemption of liability. The act is complicated and can not be satisfactorily discussed until the authorities administering the same have developed the construction of the law and a procedure thereunder.

§ 292. Text of the Kansas compensation act.—The statute is entitled an act to provide compensation for workmen injured in certain hazardous industries. It became effective January 1, 1912, and provides:

Section 1. The obligation.-If in any employment to which this act applies, personal injury by accident arising out of and in the course of employment is caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation to the workman in accordance with this act. Save as herein provided, no such employer shall be liable for any injury for which compensation is recoverable under this act; provided, that (a) the employer shall not be liable under this act in respect of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he is employed; (b) if it is proved that the injury to the workman results from his deliberate intention to cause such injury, or from his wilful failure to use a guard or protection against accident required pursuant to any statute and provided for him, or a reasonable and proper guard and protection voluntarily furnished him by said employer, or solely from his deliberate breach of statutory regulations affecting safety of life or limb, or from his intoxication, any compensation in respect to that injury shall be disallowed.