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Frances Perkins, Secretary
Isador Lubin, Commissioner


State Labor Legislation, 1937
I n c lu d in g W o r k m e n ’s C o m p e n s a t io n
L e g is la t io n

Prepared by
C H AR LES F . S H A R K E Y , Chief

Bulletin 7\[o. 654
January 1938

W A S H IN G T O N : 1938

For sale b y the Superintendent o f D ocum ents, W ashington, D . C .

Price 10 cent*


General State labor legislation:
Child labor___________________________________________________________________
Hours of labor_______________________________________________________________
Male and female employees____________________________________________
Motor vehicle operators________________________________________________
Miscellaneous employments____________________________________________
Labor relations_______________________________________________________________
Collective bargaining___________________________________________________
Arbitration and mediation_____________________________________________
Intimidation and coercion______________________________________________
Strikes and lockouts____________________________________________________
W ages________________________________________________________________________
Minimum wages________________________________________________________
Payment of wages______________________________________________________
Wages paid on public works___________________________________________
Garnishment and assignment__________________________________________
Health and safety___________________________________________________________
Boiler inspection_______________________________________________________
Mine inspection________________________________________________________
Railroad employees____________________________________________________
Sanitary, health requirements_________________________________________
Labor departments, etc_____________________________________________________
Employment agencies— public and private________________________________
Prison labor_________________________________________________________________
Legal holidays (Sunday labor— 1 day rest in 7 )___________________________
Social insurance_____________________________________________________________
Old-age assistance______________________________________________________
Unemployment compensation_________________________________________
Aid to dependent children_____________________________________________
Aid to the blind_______________________________________________________
Administrative agencies_______________________________________________
Employment, etc., preferences_____________________________________________
Employment discriminations_______________________________________________
Miscellaneous labor legislation_____________________________________________
Death by wrongful act_________________________________________________
Industrial home work_____________________________________________ _
Removal of railroad terminals_________________________________________
Credit unions___________________________________________________________
Vocational education______________________________________________





Workmen’s compensation legislation:
Occupational diseases_____________________________________________________
Waiting time_________________________________________
Average weekly wages____________________________________________________
Second injuries____________________________________________________________
Third party liability______________________________________________________
Nonresident alien dependents____________________________________________
Notice of injury, claims__________________________________________________
Administration and settlement of claims________________________________
Accident prevention______________________________________________________
Miscellaneous provisions_________________________________________________
Illegally employed minors___________________________________________
Damage suits________________________________________________________
Attorney’s fees_______________________________________________________
Medical fees_________________________________________________________
Other legislation_____________________________________________________


B u lletin


6 5 4 o f the

U n it e d S ta tes B u re a u o f L a b o r S ta tistic s

S T A T E L A B O R L E G IS L A T IO N , 1937
I n t r o d u c t io n

DURING the legislative year of 1937 all of the State legislatures were
in session except those of Louisiana and Mississippi.1 The legislatures
of Alaska, Hawaii, and Puerto Rico also held sessions during the year.
Considerable labor legislation was enacted in 1937. As a result of
the action taken during 1936 and 1937, every State now has an un­
employment-compensation act, and 47 States have passed laws au­
thorizing old-age assistance. In addition, a great deal of new or
amendatory legislation was enacted providing aid to dependent chil­
dren and the needy blind. Legislation was also passed covering voca­
tional training, apprenticeship, and related subjects.
Much progress was made during the year in the field of hours-of-labor
and minimum-wage legislation. Heretofore such laws have been
made applicable to women and minors only, but in Pennsylvania
legislation was passed providing for a 44-hour week covering all em­
ployees, and in Oklahoma a minimum-wage law was adopted affecting
men, as well as women and children.
In the field of labor relations, State laws similar to the National
Labor Relations Act were passed, establishing the right of collective
bargaining for employees engaged in strictly intrastate employments.
Such laws were adopted in Massachusetts, New York, Pennsylvania,
Utah, and Wisconsin. In several States new or amendatory anti­
injunction laws were considered. Legislation was also enacted provid­
ing for the arbitration and mediation of labor disputes, and the protec­
tion of employees from coercion and intimidation was the subject of
legislation in several States.
Four additional States (Kansas, Kentucky, Nevada, and New
Mexico) ratified the Federal child-labor amendment, bringing the
total number of such States to 28. A number of States strengthened
their laws relating to the employment of minors. In North and South
Carolina the minimum age at which children may be employed was
raised to 16 years. Several other States increased the minimum age
of employment in hazardous occupations. In several jurisdictions
compulsory school-attendance laws were amended, while in some of
the other States the maximum hours of labor of minors were decreased.
In Missouri and New York the sale of goods, etc., manufactured by
child labor was declared to be unlawful.
1For a r§sum6 of Federal labor legislation, see Monthly Labor Review for October 1937 (p. 898).




In several States the functions of the departments of labor were
expanded and strengthened by the granting of additional powers and
authority. Under a reorganization plan in Arkansas, Georgia, and
Tennessee, departments of labor were established as separate and
distinct entities.

The subject of health and safety received attention in a number of
the States, while 16 States passed new or amendatory legislation rela­
tive to the regulation, etc., of the sale of prison-made goods.
As a number of legislatures held special sessions in 1936, primarily
for the purpose of enacting unemployment-compensation legislation,
special mention is made of such legislation in this report. For the
first time an outline of workmen's compensation legislation has
been incorporated in this brief review of 1937 labor legislation.
The following topical summary presents the most important labor
legislation enacted in 1937, but does not include such subjects as
absentee voting laws, retirement legislation, unemployment relief, or
the examination, licensing, etc., of workmen.
G e n e r a l St a t e L a b o r L e g i s l a t i o n

Child Labor
During 1937 four States— Kansas (S. Con. Res. 3), Kentucky (ch.
30), Nevada (S. J. Res. No. 2), and New Mexico (H. J. Res. 4)—
ratified the Federal child-labor amendment, bringing the number of
States having ratified this amendment to a total of 28. However, the
Kentucky Supreme Court, in the case of James E . Wise et al. v. Albert
Chandler et al., decided October 1, 1937, held that the ratification by
the State of Kentucky was invalid.
A number of States made changes in their child-labor laws. In
Hawaii the compulsory school-attendance law was amended by in­
creasing the age of attendance from 14 to 16 years (Ser. A-25). The
educational laws were also amended in Alaska (ch. 18), Oklahoma
(p. 176), South Carolina (No. 344), and Wisconsin (ch. 40). The
Massachusetts Legislature provided that an investigation be made
relative to increasing the age of compulsory school attendance (ch. 65).
Missouri (p. 196) and New York (ch. 806) passed laws prohibiting
the sale of goods, wares, or merchandise manufactured by child labor
within or without the State. North Carolina made considerable
changes in the law regulating child labor (ch. 317); in that State
minors between 16 and 18 may hereafter be employed only 9 hours a
day and 48 hours a week, no child under 16 may be employed in any
factory, and minors under 18 may not work in certain hazardous
occupations. The child-labor law of South Carolina was also changed
(No. 331) so as to prohibit the employment of minors under 16 in any
factory, mine, or textile establishment. In Vermont the law was
changed (No. 176) by providing for an 8-hour day and 6-day week,



while in Wyoming (ch. 30) females may not be employed before 7 a. m.
or after 10 p. m.
In Indiana the employment of a minor is prohibited where the
principal business of the employer is the selling of malt or alcoholic
liquors (ch. 267). The employment of a minor under 18 in a coal
mine is also prohibited in this State (ch. 240). In Wisconsin the
child-labor law was amended by providing that boys may not engage
in street trades until they are 13 years of age (ch. 401). In that
State badges are now required to be worn by minors up to the age of
18, instead of 17 as heretofore, and the hours of labor of employment
in street trades are limited to 8 hours a day and 40 hours a week.
Connecticut adopted several important amendments. The depart­
ment of health was authorized (p. 439) to declare occupations hazard­
ous to the health of minors under 18; however, exceptions were made
in the case of minors under 16 years enrolled as bona fide apprentices.
The law governing the issuance, etc., of employment certificates was
also changed.
H ou rs o f Labor

Men and women.— Six States legislated on the subject of hours of
work for both men and women. In Colorado (ch. 165) the hours of
labor of pharmacists were limited so as not to exceed an average of
9 hours a day and not more *than 108 hours in any 2 consecutive
weeks. In that State the legislature has also required (ch. 214) that
all persons employed by a contractor doing public printing must
observe the prevailing standard of working hours and conditions
fixed by the industrial commission. In North Carolina laws were
enacted (chs. 406, 409) regulating the hours of labor of men, women,
and minors. Women may not be employed for more than 48 hours a
week, 9 horns a day, and 6 days a week, and men may not work for
more than 55 hours a week, 10 hours a day, or 12 days in any con­
secutive 14. However, there are numerous exceptions, such as
cases of emergency and seasonal employments.
The Pennsylvania Legislature by a comprehensive act (No. 567)
regulated the hours of labor of all employees in the State. Employ­
ment is limited to 44 hours a week, 8 horns a day, and 5% days a week.
The law, however, does not apply to agricultural labor, domestic
servants in private homes, or persons over 21 years of age and earning
$25 a week or more in executive positions or in the professions, and
the department of labor and industry may grant further exemptions.
In Washington (ch. 129) the hours of labor of domestic employees are
limited to 60 hours a week. In Utah (H. J. Res. 1) a constitutional
amendment was proposed to permit the legislature to determine the
hours of labor in certain cases; this amendment will be voted on at the
next general election.



Women and minors.— A number of States made changes in laws
regulating the hours of labor of women and minors. The Arkansas
law was amended (Act 83) by adding to the list of establishments to
which the law already applies, hotels, restaurants, banks, insurance
companies, public utilities, and the operation of elevators. Under
this law the hours of work are limited to 9 a day and 54 a week.
The Connecticut Legislature (p. 437) has provided that emergency
exceptions to the hours-of-labor law may be granted to manufacturing
and mechanical establishments only for a period of 8 weeks during
any 12-month period. An act (p. 438) also reduced the hours of
labor for females in mercantile establishments to 8 a day, 48 a week,
and 6 days a week, instead of the former limitations of 9 a day and 52 a
The Illinois law (p. 550) was amended in several respects, including
the adoption of legislation limiting the hours of labor to 8 a day, and
48 a week. The Massachusetts Legislature (ch. 153) continued
until April 1, 1938, the suspension of the law prohibiting the employ­
ment of women in the manufacture of textile goods after 6 p. m. In
Nevada (ch. 207) the hours of labor of women have been limited to
8 a day and 48 a week. In New Hampshire (ch. 200) a number of new
employments have been covered under the law limiting the hours of
labor. Another act in New Hampshire (ch. 36) reduced the maxi­
mum hours of labor for women and minors while engaged at manual
or mechanical labor in mercantile establishments from 10% to 10 a day,
and from 54 to 48 a week.
In New Jersey a law was passed (ch. 70) which supplemented the
original act regulating the hours of labor for women. By the pro­
visions of the new law women employed in manufacturing establish­
ments, bakeries, and restaurants are not permitted to work between
midnight and 7 o'clock in the morning. However, by the provisions
of chapter 113, glass manufacturing establishments and hotel restau­
rants are not covered by the law. Several changes were made in the
New York law. By chapter 281, the maximum hours of employment
of female elevator operators are fixed at 8 a day and 48 a week, in­
stead of 9 and 54, respectively, while chapter 660 authorizes the
employment of females over 18 in certain canneries between Septem­
ber 1 and December 1, for 10 hours a day and 6 days a week. By the
provisions of chapter 283, a female over 21 may not be employed as
a conductor or guard on street, surface, electric, subway, or elevated
trains more than 8 hours a day or 48 hours a week. The former
limitation was 9 and 54 hours, respectively.
The Ohio law was considerably amended and supplemented (S. B.
287). The maximum hours for females are now limited to 8 a day
(instead of 9) and 48 a week (instead of 50), while in manufacturing
industries females may not be employed for more than 8 hours a day



or 45 hours a week. The law also requires that employees must be
given a meal period, and the maximum hours for boys under 18 and
girls under 21 are fixed at 48 a week. The Pennsylvania act was
amended (No. 322) by fixing the maximum hours of work for females
at 8 a day, 44 a week, and 5% days a week, instead of the former pro­
vision of 10 a day, 54 a week, and 6 days a week. In Vermont (No.
177) the hours of labor for women and children are now limited to 9
per day (formerly 10}Q and 50 per week (formerly 56), but in cases
of extraordinary emergency public-service employees are exempted
from the act.
Drivers of motor vehicles.— New or amendatory legislation regulating
the hours of labor of drivers of motor vehicles was adopted in Cali­
fornia (ch. 228), Indiana (ch. 300), Iowa (ch. 134), New York (ch.
534), and Washington (chs. 166 and 184).
Miscellaneous.— In Connecticut (p. 438) the provisions of the law
relating to night work of women and minors were amended by exempt­
ing physicians, surgeons, nurses, pharmacists, attorneys, teachers,
and social-service workers. The New York law was changed (ch.
84) by requiring additional meal periods for persons starting work
before noon and continuing later than 7 o ’clock; persons employed
more than 6 hours, starting between the hours of 1 o ’clock in the after­
noon and 6 o ’clock in the morning, must be allowed a specified meal
period. The law of New York State relating to the hours of labor
on public works was also amended (ch. 676) by providing that time
lost in 1 week because of inclement weather may be made up during
that week or during the succeeding 3 weeks. The Utah law govern­
ing an 8-hour day for men employed in mines was amended (ch. 59)
so as to provide that the 8-hour period must be computed from the
time the men go underground until they return to the surface.
Labor Relations
Collective bargaining.— In five States— Massachusetts (ch. 436),
New York (ch. 443), Pennsylvania (No. 294), Utah (ch. 55), and
Wisconsin (chs. 51 and 173)—laws were enacted establishing State
labor relations boards.2
Colorado passed a law (ch. 195) regulating the bituminous-coal
mining industry of the State and providing for the establishment of
codes of fair competition. The law requires that employees must be
permitted to organize and bargain collectively through representatives
of their own choice, and assures to them freedom from interference,
restraint, and coercion from any source whatever. Antiunion con­
tracts are prohibited.
The Nevada Legislature (ch. 206) provided that combinations of
workmen or laborers may represent employees in a labor dispute.
* See analyses of acts in M onthly Labor Review for October 1937 (p. 854).
4 5 1 8 3 °— 38-------2



In Utah a law (ch. 57) was passed requiring employers, at the request
of an employee, to pay not more than 3 percent of the employee's
wages to labor organizations. The registration of labor organizations
with the industrial commission is provided by another law (ch. 56).
Arbitration and mediation.— In Connecticut an act was passed (p.
439) extending to the board of mediation and arbitration the power
to examine the pay roll or other records, and to inspect conditions
affecting relations between employers and employees where a strike
or lock-out exists. The act also provides for the appointment of
alternate members of the board and investigators to make inspec­
tions and to adjust disputes.
In New York a State board of mediation was established (ch. 594).
Legislative power was granted to the Pennsylvania Department of
Labor and Industry to mediate labor disputes (No. 177). In South
Carolina (No. 340) the duties formerly vested in the State board of
conciliation were transferred to the commissioner of labor. The
commissioner is required to investigate industrial disputes, strikes, or
lock-outs, to make findings of fact, and to attempt to induce both
parties to arrive at an amicable agreement.
Intimidation and coercion.— In Colorado (ch. 188) employers must
not interfere in their employees' right to engage in politics or to
become candidates for public office. In Pennsylvania (Act No. 288)
an employer must not threaten or intimidate employees for failing or
refusing to sign petitions. A similar law prohibits an employer from in­
fluencing the political actions of an employee in West Virginia (ch. 36).
Strikes and lock-outs.— A new anti-injunction law was passed in Penn­
sylvania (No. 308). Under the law persons who have an indirect
interest in a labor dispute, as well as those who have ceased work
because of a labor dispute, are considered employees. It is also pro­
vided that officers and members of unions are not liable for unlawful
acts of agents unless they actually participated in such actions or
ratified them. The act also provides that an employer who has em­
ployed strikebreakers may not be granted an injunction. The
Wyoming law was amended (ch. 15) so as to provide that a court
may not enjoin patrolling, among other acts, in order to give publicity
to the existence of a labor dispute. Tennessee (ch. 160) and Vermont'
(Act No. 210) passed laws prohibiting so-called sit-down strikes. In
Utah (ch. 53) the legislature required that any person before accepting
employment during a strike must register with the industrial commis­
sion. In that State, also, picketing was declared lawful (ch. 58).
The Pennsylvania Legislature (Act No. 391) prohibited any person,
firm, etc., not directly involved in a strike or lock-out from recruiting
persons to take the place of striking employees.
The Arkansas Legislature (Act No. 166) established a department
of State police. Of particular interest to labor is a provision that no



officer or member of the State police may ever be used for perform­
ing police duties on private property in connection with any strike,
lock-out, or other industrial disturbance. In Massachusetts the ac­
tivity of private police and detectives in labor disputes was regulated
(ch. 437). Hereafter a licensed detective who enters an industrial
plant as an employee for the purpose of interfering with the organi­
zation of employees must register with the commissioner of public
safety. The Utah Legislature declared (ch. 52) that peace officers
may not deputize the employees of a private employer when a strike
or lock-out directly concerning the employer exists. In Connecticut
(p. 278) the legislature authorized the commissioner of State police
to appoint special policemen for the protection of the property of any
gas, electric, telephone, telegraph, or water company. Upon appli­
cation of any railroad, street railway, or steamboat company the
State police commissioner is authorized to appoint one or more persons
designated by such company to act as policemen.
Miscellaneous.— California (ch. 396) authorized the adoption of
codes of fair competition in certain trades and industries. All provi­
sions of the State laws, or of the laws of the United States, governing
labor conditions in service trades are considered incorporated in the
provisions of any code. In Minnesota (ch. 235) the Governor was
authorized, upon request of 65 percent of the service-trades employers,
to prescribe regulations and standards of trade practices governing
maximum hours, minimum rates of pay, and working conditions so
as to prevent unfair competition. In Colorado a law was enacted
(ch. 113) regulating the cleaning and dyeing trade, providing for a
maximum 60-hour week for route salesmen and a maximum 8-hour
day for all other employees, except night watchmen, executives, and
employees engaged in emergency work. A 6-day week was also es­
tablished, and the industrial commission has been authorized to fix
fair wages for the various classes of employees. No person under
17 years of age may be employed. Employees must be given the right
of self-organization and collective bargaining, and antiunion contracts
are prohibited.
A labor code, consisting of all laws relating to labor, was enacted
in California (ch. 90), and Wisconsin (ch. 166) directed the industrial
commission to compile and codify such laws and general orders of
the commission. In New York (ch. 296) no person may be required
to be fingerprinted as a condition of securing employment or of
continuing employment. The Ohio law relating to assignment of
wages was amended (S. B. 103) so as to make valid any contract or
agreement between employers, employees, and a labor union that
authorizes a deduction from the wages of the employees for payment
of union dues. The criminal syndicalism law of Washington was
repealed (ch. 210).



The Massachusetts Legislature passed a resolution (Resolve, ch. 30)
asking the commission on interstate compacts affecting labor and
industries to consider the problems relating to employment and the
preservation of freedom and equality of bargaining power. A recess
committee was created in Maine (p. 583) to study labor relations.
W ages

Minimum wages.— As a result of the United States Supreme Court
decision holding minimum-wage laws constitutional,3 much legislation
was adopted by the States. In four jurisdictions (Arkansas, District
of Columbia, Minnesota, and Puerto Rico) minimum-wage laws
which were already on the statute books were revived and made
effective. Such laws were also amended or reenacted in Colorado
(ch. 189), Connecticut (p. 286), Massachusetts (ch. 401), Minnesota
(ch. 79), New York (ch. 276), and Wisconsin (ch. 333). New mini­
mum-wage laws were adopted in Arizona (ch. 20, 2d Spec. Sess.),
Nevada (ch. 207), Oklahoma (p. 387), and Pennsylvania (No. 248).
The Oklahoma law was made applicable to men, as well as to women
and minors.
Payment oj wages.— A number of States made changes in the laws
governing the payment of wages. In Maine a daily record of the
hours of labor of employees must be kept (ch. 193). The Michigan
Legislature (Act No. 119) added several new occupations to the wagepayment law. Hereafter, wages must be paid not later than 8 a. m.
on the 15th and last days of the month in Nevada (ch. 31). A new
law was enacted in New Mexico (ch. 109) requiring semimonthly pay
days and regulating the time of payment in case of resignation or
discharge. The Tennessee Legislature (ch. 153) made violations of
the wage-payment law punishable by a fine instead of a forfeiture.
The Utah law was reenacted (ch. 60), and provides for regular semi­
monthly pay days and regulation of the time of payment in cases of
resignation, discharge, or suspension of work. A law (H. B. 343)
was passed by the legislature of South Carolina regulating the pay­
ment of wages. This law, however, was vetoed by the Governor.
In Maryland the legislature (J. Res. No. 16) authorized the appoint­
ment of a commission to study the question of unpaid wages.
The New Hampshire law relating to the payment of wages was
amended (ch. 149) and now requires that wages of employees who
are discharged must be paid within 72 hours. The Oregon law was
changed so that in cases of discharge the wages must be sent to the
employee if he so requests (ch. 92). A new law (p. 596) was enacted
in Illinois requiring the payment of wages of a discharged employee
within 5 days, when amounting to $100 or less. In Puerto Rico
I See M onthly Labor Reyiew for M ay 1937 (p. 1202),



(No. 17) employees are guaranteed the benefits of the additional
compensation fixed by law in case of discharge without previous notice
or justified cause.
Three States legislated on the payment of wages in scrip. In
Texas (H. B. 19) employers who pay wages in scrip are required to
redeem it in cash when presented on the regular pay day. In case
of a refusal to redeem, the holder of the scrip may sue and the judg­
ment will include a penalty of 25 percent of the amount due plus
reasonable attorneys’ fees. The Florida law was amended (ch.
18004) so as to provide that the face value of scrip must be paid in
cash within 30 days, instead of 90 days as formerly. A Maryland
law (ch. 340) now prohibits a bank or trust company from paying
less than the full face value of any check issued in payment of wages.
Wages on public works.— New or amendatory legislation requiring
the payment of minimum wages on public works was enacted by
Arkansas (No. 74), Hawaii (Ser. A-3), Massachusetts (ch. 346), Penn­
sylvania (Nos. 26, 373). and West Virginia (ch. 132). In the follow­
ing States laws were passed relating to the payment of the prevailing
rate of wages on public works: Connecticut (p. 269), Nevada (ch. 139),
New Mexico (ch. 179), New York (chs. 85, 918), Ohio (S. B. 54),
and Oregon (ch. 200).
Garnishment and assignment oj wages.— The California law relative
to garnishment of wages was amended by providing that in cases
where the debt is due to the purchase of necessaries or for wages,
exemption of all of the wages from garnishment will not be allowed
(ch. 578). A new law passed in Connecticut (p. 481) prohibits wage
assignments and the attachment or garnishment of wages. In Rhode
Island (ch. 2532) the salary or wage of a debtor is exempt from attach­
ment for a period of 1 year after he has been on relief.
Legislation relating to the assignment of wages was considered by
several States. In Illinois, the wage-assignment law was amended
(p. 570) by requiring that an assignment must be a separate instru­
ment complete in itself, and not a part of any conditional sales con­
tract. New Jersey passed a new law (ch. 171) regulating the assign­
ment of wages. In North Carolina the wage-assignment law was
amended (ch. 90) so as to make it applicable to four additional
counties. An employee in Minnesota may now authorize his em­
ployer to make deductions from his wages for certain specified pur­
poses (ch. 95). In West Virginia (ch. 131) only one-fourth of an
employee’s wages may be assigned.
New or amendatory laws regulating the business of making small
loans were enacted by Arkansas (Act 135), Connecticut (pp. 405, 423),
Hawaii (Ser. D-151), Rhode Island (ch. 2496), Vermont (No. 184),
and Washington (ch. 213).



Miscellaneous.— For the protection of employees engaged in mining,
Arkansas (Act 116) and Oklahoma (p. 393) enacted laws requiring
employers having more than three employees to give a bond to assure
payment of wages when due and also to pay wages semimonthly.
In New York the labor law was amended by chapter 500, which
empowers the industrial commissioner to investigate and attempt to
adjust controversies between employers and employees in respect to
wage claims. The commissioner is also authorized to take assignment
of wage claims and to sue to collect such claims.
Legislation was enacted in Massachusetts (ch. 342) requiring the
posting of a notice stating the portion of tips certain employees are
permitted to retain. In New Hampshire hereafter every employer
must inform a new employee of the amount of wages he is to receive
(ch. 94). Under a new California law (ch. 357) an employer cannot
collect or receive from an employee any part of the wages previously
paid. In this State it is now unlawful for the employer secretly to
pay a lower wage, where any statute or contract requires an employer
to maintain a designated wage scale. In Maine (ch. 188) the installa­
tion of “ pick clocks” on looms is required in textile factories, and
notices must be posted specifiying the character of the work to be done
and the rate of compensation.
H ealth and S a fety

A number of States considered the health and safety of workers by
the enactment of appropriate legislation.
Inspection of boilers.—A Texas law (H. B. 352) provided for the in­
spection of boilers, and hereafter permits will be required for operating
them. Amendatory legislation was adopted in Arkansas (Act 127),
North Carolina (ch. 125), and Pennsylvania (Nos. 244, 347).
Inspection of mines.—A number of States changed their laws or
enacted new ones for the safety of workers in mines. The Alaska
law was amended (ch. 53) to regulate underground boring or drilling.
In Arkansas (Act 233) and Colorado (ch. 196) the law was considerably
changed and more stringent requirements were adopted as to the
inspection of mines. Indiana, by the adoption of chapter 238, made
the law applicable to all mines where men are employed instead of to
mines where 10 or more work. Similar legislation was enacted in
Maryland (ch. 188). In Iowa (ch. 96) a license must be procured from
the State mine inspector before a mine may be opened, while in
Wyoming (ch. 95) such a license must be obtained before either opening
or closing a mine.
The Legislatures of Iowa (ch. 97), New York (ch. 537), Montana
(ch. 146), and Wyoming (chs. I l l , 120) also provided legislation seek­
ing better health and safety laws for persons employed in mines. A
new law was passed in Nevada (ch. 19) requiring an employer to fur­
nish carbide lamps or candles in all underground mines. The Ohio



Legislature authorized district inspectors to close down mines that do
not comply with the State workmen’s compensation act (S. B. 113).
The Pennsylvania law providing for safety of miners was amended
(No. 464), and an act (No. 135) was passed which prohibits the
employment of miners in bituminous-coal mines unless they have
received certificates of competency from a miners’ examining board.
Safety of railroad employees.— California (ch. 701) and Wisconsin
(ch. 206) passed amendatory legislation concerning railroad train
crews, while Indiana (ch. 58) and Pennsylvania (No. 287) enacted
new laws. The qualifications of railroad conductors and flagmen
were the subject of legislation in Wisconsin (ch. 138). Proper safety
equipment of railroad trains was considered in Illinois (p. 1008),
Nevada (ch. 94), Oregon (ch. 323), South Dakota (ch. 205), Washing­
ton (ch. 152), and Wisconsin (ch. 54).
Sanitary conditions and health certificates.— In Connecticut (p. 490)
tobacco plantations employing 25 or more persons are required to
provide adequate toilet facilities. Certain Illinois employers must
provide wash rooms for their employees (pp. 570, 599). Massa­
chusetts (ch. 362) and Vermont (No. 134) enacted laws governing
sanitary conditions in bakeries, while in Washington (ch. 137) persons
employed in bakeries are required to obtain health certificates, renew­
able every 6 months. In Texas (H. B. 646) persons employed in
hotels, cafes, or other public eating places, bakeries, or meat markets
must undergo a medical examination every 6 months. In North
Carolina (ch. 337) medical examinations are required for domestic
Miscellaneous.— In Arkansas (Act 323) certain establishments
employing more than three women are now required to adopt measures
for securing and maintaining a reasonable temperature and ventilation.
The Illinois health and safety laws were amended (p. 555), and several
Pennsylvania laws were passed seeking to improve the health, etc., of
workers (Nos. 174, 281). Caisson workers are protected by new legis­
lation in the State of Washington (ch. 131). West Virginia (ch. 89)
has required that employers must provide safe employment.
Laws were also passed in Michigan (Act 82) and Ohio (H. B. 61)
regulating the operation of elevators, and amendatory blower-inspec­
tion laws were the subject of consideration in Arkansas (Act 127) and
Illinois (p. 596).
L abor D epartm ents , etc.

Under a State government reorganization plan, departments of
labor were established in Arkansas (Act 161), Georgia (p. 230), and
Tennessee (ch. 33). In Indiana (ch. 34), a division of labor was
established in the department of commerce and industry. The Indus­
trial Commission of Florida was authorized to administer Federal



acts passed for the benefit of employers and employees (ch. 18413).
The commission was also directed to make studies of safety, employ­
ment conditions, and accident prevention, and to recommend the
best preventive measures. The act also requires employers to furnish
safe employment, and general rule-making power as to safety and
health has been given to the commission, including authority to
prescribe safety devices and other means of protection against acci­
dents and occupational diseases. The Illinois Civil Administrative
Code was amended (p. 1127) by providing for a board of review, a
board of unemployment compensation, and free employment office
advisers (composed of nine persons) in the department of labor.
The Michigan Legislature greatly increased the power and authority
of the commissioner of labor in regard to inspection of workplaces
(Act 128). Another amendment (Act 159) provided that the com­
mission of the department of labor and industry shall be composed
of six members, instead of four, and specified that three of the mem­
bers must be attorneys. The New York labor law was amended
(ch. 819) to provide for the transfer of the powers and duties of the
industrial board, except those relating to the workmen’s compensation
law, to the board of standards and appeals in the department of labor.
The duties of the inspectors of the South Carolina Labor Department
were increased and the commissioner of labor or his agents were
authorized to inspect buildings and other structures (No. 313).
E m p loym en t A gen cies

Three States passed legislation regulating private employment
agencies. The Arizona law was amended by providing, among other
things, that any person desiring a license must make a cash deposit
of $500, instead of furnishing a surety bond (ch. 33). Employment
agents in Maryland securing positions for teachers may charge a
registration fee of $2 (ch. 58). In Pennsylvania (No. 240) applicants
under 21 years of age must furnish to the employment agent the names
and addresses of parents.
All of the have accepted the provisions of the WagnerPeyser Act, which established a Federal system of public employment
offices.4 Many of the States that accepted the provisions of this act
prior to the enactment of unemployment-compensation laws have
now incorporated such provisions in the unemployment-compensation
statutes. The following States accepted the act for the first time in
1937: Alaska (ch. 4), Hawaii (Ser. D-167), Kansas (ch. 255), and
Montana (ch. 137).
4 See U. S. Bureau of Labor Statistics, Bull. No. 630: Laws Relating to Employment Agencies in the
United States.



P riso n Labor

Several States passed legislation regulating the sale of prison-made
goods. New laws were enacted by the legislatures in Arkansas
(Act 98), Connecticut (p. 489), Georgia (p. 484), Indiana (ch. 9),
Kentucky (ch. 16, 4th Spec. Sess.), Oklahoma (p. 114), Pennsylvania
(No. 373), and Tennessee (ch. 67). In some of these States, how­
ever, certain exceptions have been made. In Arkansas and Oklahoma
the law does not apply to certain farm products produced by prison
labor. The Connecticut act is not applicable to goods manufactured
in county jails until June 30, 1939. The Tennessee law does not
become effective until February 19, 1938, and by the provisions of
two other acts (chs. 66, 104) of that State, coal produced by prisoners
may not be sold after March 3, 1939. Amendatory legislation
was adopted in Maryland (chs. 17, 213), Michigan (Act 95), Oregon
(ch. 391), Vermont (No. 165), and West Virginia (ch. 79). In Mary­
land certain farm products are not covered by the act, while in
Michigan the act does not apply to animals and livestock. Minne­
sota passed a law (ch. 444) which prohibits the barter, trading, or
exchange of prison-made goods. In Colorado it is provided (ch. 131)
that institutions and departments of the State government must
purchase prison-made goods. In Nebraska (ch. 201) the board of
control is empowered to exchange prison-made goods for those of other
States. In Maryland (ch. 505) and West Virginia (ch. 78) prison
labor may be used in the construction of roads, while in Oregon (ch.
417) prisoners may be employed in the performance of useful work
upon land owned by the State, provided such labor does not interfere
with free labor.
Legal H olid a ys and S u n d a y Labor

Arkansas hereafter will observe May 30 as a holiday (Act 257).
New Hampshire (ch. 63) has declared June 21, 1938, a legal holiday
in commemoration of the ratification of the United States Constitu­
tion. North Dakota (ch. 141) designated Good Friday as a holiday.
Tennessee (chs. 164, 169) added to the list of legal holidays March 15
(Andrew Jackson Day) and May 30 (Memorial Day). Wyoming
(ch. 6) established Columbus Day as a legal holiday. Oregon (ch. 95)
and Pennsylvania (Nos. 155, 239) also acted in respect to certain
Several States passed legislation relative to Sunday labor. The
Connecticut law was amended (p. 490) so as to permit certain emer­
gency repairs on Sunday, while Delaware (ch. 184) now requires barber
shops to be closed. In Hawaii (Ser. C-121) stores may remain open
on Sunday only when the United States Navy is in Hawaiian waters.
Massachusetts (ch. 124) amended the Sunday-labor law relative to
4 5 1 8 3 °— 38------ 3



procuring licenses for certain establishments to remain open. The
Puerto Rican law was amended (No. 110) to permit the operation of
race tracks on Sunday. South Carolina (No. 326) legislated to forbid
regular employees of certain manufacturing establishments to work
on Sunday. The Utah law was changed (ch. 136) so as to permit a
number of businesses to remain open on Sunday.
In Illinois (p. 564) the law providing 1 day of rest in 7 has been
extended so as to include a number of additional establishments.
The Massachusetts law was enlarged to include restaurants (ch. 221).
Amendments to the law, increasing the number of establishments
covered, were adopted in New Hampshire (ch. 129) and New York
(chs. 282, 722). In Pennsylvania the law now applies to persons
employed in or about a motion-picture theater (No. 42). The Wis­
consin law was amended by providing that during the required rest
period of 24 consecutive hours, the employer must not permit an em­
ployee to work except in cases of emergency (ch. 21).
Social S ecu rity

During 1937 a great deal of social-security legislation was enacted.
At the present time all States have laws providing for unemployment
compensation, and every State except Virginia provides old-age as­
sistance. Practically all of the States also have laws providing aid to
dependent children and the blind.
Social-security legislation (in general).— Thirteen States and Hawaii
passed new or amendatory legislation covering all phases of socialsecurity legislation, including assistance to the aged, dependent chil­
dren, and the blind. Such legislation was enacted in Arkansas (Acts
41, 248), Florida (ch. 18285), Hawaii (Series D-164), Idaho (ch. 216),
Indiana (chs. 41, 47), Kansas (ch. 327), Missouri (p. 467), Montana
(ch. 82), New Mexico (ch. 18), North Carolina (ch. 288), Pennsylvania
(No. 399), South Carolina (No. 319), Texas (H. B. 7), Utah (ch. 90),
and Wyoming (ch. 88).
Old-age assistance.— New laws providing for old-age assistance were
enacted in Georgia (p. 311), and Tennessee (ch. 49), while amendatory
legislation was enacted in 26 other States. The following States
amended or reenacted old-age assistance laws: Alabama (Nos. 143,
144, Spec. Sess.), Alaska (chs. 2, 8, Spec. Sess.), Arizona (ch. 2, 3d
Spec. Sess., and ch. 70), California (chs. 4, 375, 392, 405), Colorado
(ch. 201), Connecticut (pp. 202-207), Delaware (ch. 124), Illinois
(p. 265), Iowa (chs. 137, 139), Maine (ch. 242), Maryland (ch. 12,
Spec. Sess.), Massachusetts (chs. 165> 440), Michigan (Act 261),
Minnesota (chs. 26, 100, 103, 482, 484, 489), Montana (ch. 27),
Nebraska (ch. 186), Nevada (ch. 67), New Hampshire (ch. 202),
New York (ch. 645), North Dakota (chs. 211, 212), Ohio (H. B. 449),
Oregon (chs. 216, 309), South Dakota (ch. 220), Tennessee (chs. 72,



273), Vermont (No. 65), and Washington (ch. 156). In Nevada a
constitutional amendment directing counties to assist the aged and
infirm was approved by the people on March 17, 1937 (ch. 8). In
Missouri a resolution was adopted (p. 606) proposing an amendment
to the State constitution which will be voted on in November 1938.
Pennsylvania also adopted an amendment to its constitution, author­
izing old-age assistance. In Virginia (S. J. Res. 3), a commission was
appointed to study the subject of old-age assistance.
U n e m p l o y m e n t c o m p e n s a t i o n .— New unemployment-compensation
acts were adopted by the following States and Territories: Alaska
(ch. 4, Spec. Sess.), Arkansas (Act 155), Delaware (ch. 258), Florida
(ch. 18402), Georgia (p. 806), Hawaii (Ser. D-167), Illinois (p. 571),
Kansas (ch. 255), Kentucky (ch. 7, 4th Spec. Sess.), Michigan (Act 1,
1st Spec. Sess. 1936), Minnesota (ch. 2, 1936 Spec. Sess., as amended
1937, chs. 43, 306, 401, 452), Missouri (p. 574), Montana (ch. 137),
Nebraska (ch. 108), Nevada (ch. 129), New Jersey (ch. 270, 1st
Spec. Sess., 1936), New Mexico (ch. 1, 1936 Spec. Sess., as amended
1937, ch. 129), North Carolina (ch. 1, 1936 Spec. Sess., as amended
1937, chs. 363, 448, 150), North Dakota (ch. 232), Oklahoma (ch.
52, 1st Spec. Sess. 1936), South Dakota (ch. 3, 1936 Spec. Sess., as
amended 1937, chs. 223, 224), Tennessee (ch. 1, 1936 Spec. Sess., as
amended 1937, ch. 128), Virginia (ch. 1, Spec. Sess.), Washington (ch.
162), and Wyoming (ch. 113).
The unemployment-compensation acts of the following States were
amended or reenacted: Alabama (chs. 83, 184, Spec. Sess.), Arizona
(ch. 13, 1st Spec. Sess. 1936, as amended 1937, ch. 68), California
(chs. 739-752, 119), Colorado (ch. 260), Connecticut (pp. 444-468),
Idaho (ch. 12, 3d Spec. Sess. 1936, as amended 1937, chs. 9, 183,
187, 188), Indiana (ch. 125), Iowa (ch. 4, 1936 Spec. Sess., as amended
1937, chs. 102, 103), Maine (ch. 192, Spec. Sess. 1936, as amended
1937, ch. 228), Maryland (chs. 14, 311, 314, 527, and ch. 2, Spec. Sess.),
Massachusetts (ch. 421), New Hampshire (ch. 178), New York (chs.
142, 727, 797), Ohio (H. B. 608,1st Spec. Sess., 1936, as amended 1937,
H. B. 103, S. B. 26, S. B. 169), Oregon (chs. 364, 398), Pennsylvania
(No. 175), Rhode Island (ch. 2556), Texas (H. B. 586), Utah (ch. 43),
Vermont (Nos. 170, 171), West Virginia (ch. 100), and Wisconsin (chs.
95, 343).
A i d t o d e p e n d e n t c h i l d r e n .— Sixteen States legislated on the subject
of aid to dependent children. New or reenacted laws were passed in
Arizona (ch. 72), Georgia (p. 630), Maine (ch. 177), New York, (ch.
15), South Dakota (ch. 221), Tennessee (ch. 50), and Washington
(ch. 114), while amendatory legislation was passed in California (ch.
390), Delaware (ch. 98), Illinois (p. 270), Maryland (ch. 39, and
ch. 3, Spec. Sess.), Michigan (Act 443), Nebraska (chs. 96, 202),
North Carolina (ch. 405), Ohio (H. B. 544), and Tennessee (ch. 274).



In Pennsylvania and Texas (H. J. Res. 26a) amendments to the con­
stitution authorizing aid to dependent children were approved by the
A i d to t h e b l i n d .— Ten States passed new laws providing for aid to
the blind, while six States amended or reenacted the laws on this
subject. New or amendatory laws were enacted by Alabama (No.
87, Spec. Sess.), Arizona (ch. 71), California (chs. 84, 376, 394, 406),
Colorado (chs. 108, 109), Georgia (p. 568), Iowa (ch. 144), Maine
(ch. 210), Maryland (ch. 4, Spec. Sess.), Minnesota (ch. 324), Ne­
braska (ch. 187,) North Carolina (ch. 124), North Dakota (ch. 210), South
Dakota (ch. 222), Tennessee (chs. 51, 275), Washington (ch. 132), and
West Virginia (ch. 75). In Pennsylvania and Texas (H. J. Res. 26)
constitutional amendments were adopted authorizing assistance to
the needy blind.
A d m i n i s t r a t i v e a g e n c i e s .— A number of States by separate laws pro­
vided for departments to administer social-security laws. Depart­
ments of public welfare were established in Alaska (ch. 3, Spec. Sess.),
Georgia (p. 355), and Michigan (Act 258). In Utah (ch. 88), the law
relating to the State department of public welfare was amended and a
division of old-age assistance established (ch. 89). Similar depart­
ments were established in Arizona (ch. 69), Iowa (ch. 151), Michigan
(Act 257), Nevada (ch. 127), Tennessee (ch. 48), and Washington
(chs. I l l , 180), while in California the law relating to the social
welfare board was amended (ch. 397).
E m p loym en t , etc., P referen ces

Legislation requiring that preference be given to veterans on public
works was considered by Idaho (ch. 152), Minnesota (ch. 121),
Montana (ch. 66), and South Dakota (ch. 227), while Massachusetts
(ch. 223) authorized the granting of preferences to blind persons in
certain cases. Laws requiring preference for domestic products were
enacted by Colorado (ch. 250), Illinois (p. 1207), Iowa (ch. 93),
Missouri (p. 368), and New Mexico (ch. 168). In North Dakota (ch.
100) labor and materialmen were given a preference in the payment
of bills and claims.
D iscrim in a tion s

Kansas enacted a law (ch. 257) which prohibits discrimination and
intimidation on account of race or color in employment on public
works. Massachusetts (ch. 367) amended its law defining discrimi­
nation as “ dismissal from employment of, or refusal to employ, any
person between the ages of 45 and 65 because of his age” ; that State
also prohibited the making of contracts with such age limits. A reso­
lution of the New York Assembly (No. 8) was adopted creating a joint
legislative committee to investigate economic conditions or statutory


provisions which tend to produce discrimination against employees
who are 40 years of age or over.
M iscella n eou s
A p p r e n t i c e s , — Several laws concerning the employment of appren­
tices were enacted this year. In Arkansas (Act 289) a system of
voluntary apprenticeship was established, and the commissioner of
labor has been directed to appoint an apprenticeship council. In
Colorado (ch. 87) the employment of apprentices has been regulated
and standards of vocational training prescribed. In California a
law (ch. 872) was passed regulating the employment of apprentices
on public works, and in Wisconsin the law regulating apprentice
contracts has been amended (ch. 274).
D e a t h b y w r o n g f u l a c t .— In Colorado (ch. 136) injured employees of
common carriers, and their dependents in cases of death, are entitled
to recover damages and contributory negligence is no longer a bar to
recovery. The employee is not held to have assumed the risks of his
employment, and no contract may be made to exempt the carrier
from the law. The Indiana law (ch. 292) provides that in cases
where the deceased leaves no dependents, persons furnishing hos­
pitalization, medical services, and the cost of administration, may
recover damages for death by wrongful act. An Oregon law (ch.
32) has provided that a cause of action arising out of injury to, or
death of, a person caused by the wrongful act or negligence of another
will not abate upon the death of the wrongdoer. A law was enacted
in Nevada (ch, 213) which abrogates the defense of assumption of
risk in the case of an injury to an employee of a common carrier.
However, contributory negligence does not bar recovery, but damages
are proportionately diminished. Amendments to the laws of Min­
nesota (ch. 211) and Pennsylvania (No. 48) relating to liability for
wrongful death were also enacted.
I n d u s t r i a l h o m e w o r k .— Legislation regulating industrial home work
was considered in five States during 1937. In Connecticut the law
was amended (p. 284), authorizing the commissioner of labor and
factory inspection to grant certificates to reputable employers per­
mitting them to distribute approved materials to be processed by
home workers. In Illinois (p. 552) and Massachusetts (ch. 429)
certain types of industrial home work have been prohibited. Penn­
sylvania (No. 176) and Texas (H. B. 424) enacted new laws regulating
industrial home work. In both States home work may be prohibited
when it is found to be injurious to the health and welfare of home
workers or the general public.
R e m o v a l o f r a i l r o a d t e r m i n a l s .— In Wisconsin no railroad may perma­
nently close or abandon its shops or terminals without first securing
the permission of the public service commission (ch. 83).



C r e d i t u n i o n s .— Amendments to laws authorizing the formation
and operation of credit unions were adopted by Maryland (ch. 178),
Massachusetts (ch. 228), Minnesota (chs. 213, 276), North Dakota
(chs. 113, 114), Pennsylvania (Nos. 88, 182), Tennessee (ch. 264),
and Wisconsin (ch. 41).
V o c a t i o n a l e d u c a t i o n .— Six jurisdictions accepted the provisions of
the Federal Vocational Education Act: Colorado (ch. 264), Kansas
(ch. 305), Pennsylvania (No. 274), Puerto Rico (J. Res. 34), Utah
(ch. 83), and Vermont (ch. 106). Kansas and Vermont also provided
for the vocational rehabilitation and placement of physically handi­
capped persons.
Legislation authorizing the establishment of vocational-education
schools was enacted by Oregon (ch. 413), Pennsylvania (Nos. 315,
477, 489), and Wyoming (ch. 107). The Ohio Legislature adopted
a resolution (H. J. Res. 50) authorizing the appointment of a com­
mission to make a study and survey the possibilities for the rehabilita­
tion of the physically handicapped.

W o r k m e n ’ s C o m p e n s a t io n

L e g is l a t io n

Amendments to the basic workmen’s compensation acts or supple­
mentary legislation were adopted by the legislatures of 38 States, as
also by those of Alaska, Hawaii, and Puerto Rico.
O ccupational D isea ses

Considerable progress was made in the field of occupational-disease
legislation during 1937.* At the beginning of the year, there w~ere
16 States having such legislation, and as a result of action taken this
year, workmen suffering from occupational diseases are now pro­
tected in 21 States.6 In addition the laws of the District of Columbia,
Hawaii, the Philippines, Puerto Rico, the United States Employees’
Compensation Act, and the Federal Longshoremen’s and Harbor
Workers’ Act cover such diseases.
New occupational-disease laws were adopted in Delaware (ch. 241),
Indiana (ch. 69), Michigan (ch. 61), Pennsylvania (No. 552), and
Washington (ch. 212), while amendatory acts were passed in Nebraska
(ch. 107), Ohio (H. B. 71), and Wisconsin (ch. 180). The Delaware
law provides compensation for 12 different occupational diseases, not
including dust diseases, while the Michigan act authorizes com­
pensation for 31 diseases. The Pennsylvania and Washington laws
also provide compensation for enumerated diseases. The Indiana
act, on the other hand, covers any occupational disease arising out of
the employment.
* See U. S. Bureau of Labor Statistics Bull. No. 652: Occupational Disease Legislation.
• California, Connecticut, Delaware, Illinois, Indiana, Kentucky, Massachusetts, Michigan, Minnesota,
Missouri, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Bhode
Island, Washington, West Virginia, and Wisconsin.



In Nebraska (ch. 107) the coverage of the law was extended to
include occupational diseases contracted in the battery-manufacturing
industry, and Ohio (H. B. 71) amended the law by adding silicosis
to the list of compensable occupational diseases.
By the Wisconsin amendment (ch. 180) an employee discharged
because of a nondisabling silicosis may now be compensated in an
amount not to exceed $3,500. Arkansas is one of the States with no
workmen's compensation law; the legislature, however, (H.Con.Res.4)
authorized a survey of occupational diseases in industry. Idaho
(ch. 239) empowered the department of public works to study the
subject. In Maine (ch. 132) a recess committee was appointed to
investigate the desirability of enacting such legislation. In Massa­
chusetts (Resolve, ch. 46) the legislature directed the department of
public health and the department of labor and industries to make a
similar investigation. In Montana (S. J. Res. 6) a commission is to
make a study of occupational diseases, particularly silicosis. The
New Hampshire Legislature (S. J. Res. 4) authorized a commission
composed of three physicians, three representatives of labor, and three
representatives of industry to study the subject. In Oregon (S. J.
Res. 4) a committee of five members appointed by the Governor will
make a study of occupational diseases and report its findings and
recommendations to the next legislature.

A number of States broadened their workmen's compensation acts
by increasing the benefits payable for disability and death, etc.
The maximum weekly payment allowed for both disability and death
was increased in many States, and in several the minimum was raised,
while in some States the period for which compensation is payable was
In Pennsylvania the law was almost entirely reenacted (No. 323).
In this State, after compensation is paid for 500 weeks, the injured
workman may receive a payment of $30 a month for life. The weekly
disability compensation was increased, the minimum from $7 to $12
and the maximum from $15 to $18. In South Carolina (Act 667)
the rate of compensation for total or partial disability or death was
increased from 50 to 60 percent of the average weekly wages and the
total compensation payable was raised from $5,500 to $6,000. In
Utah (ch. 41) compensation for total and partial disability was
increased by 5 percent for each minor child, with a maximum increase
of 25 percent. The maximum total compensation paid in case of
five minor dependent children was limited to $6,250 instead of $5,000,
as heretofore. In death cases, the compensation was increased
by 10 percent for each dependent child, with a maximum of 50 per-



cent and maximum total payments of $7,500 instead of $5,000. In
Vermont (No. 173) the weekly minimum compensation for total dis­
ability was increased from $6 to $7 a week. Vermont (Act No. 172)
also provided for increases in compensation payable in case of death,
raising the amount where there are dependents. In West Virginia
an amending act (ch. 104) provided that if a claimant receiving an
award of less than 85 percent for a specific permanent partial dis­
ability dies from sickness or noncompensable injury, the unpaid bal­
ance is to be paid to his dependents. In Wyoming (ch. 128) the maxi­
mum compensation allowed for permanent total disability will here­
after be $5,000, instead of $4,000, and the maximum monthly payment
was increased from $60 to $70, in case of an employee with a wife at
the time of the injury. The maximum monthly payment for death
cases was raised from $45 to $50 where there is a widow or invalid
widower and the maximum amount payable in such cases was in­
creased from $2,000 to $3,000. The maximum annual lump-sum
award for each child was raised from $120 to $180.
In Connecticut, the minimum weekly payment was increased from
$5 to $7 by a legislative enactment (p. 442). Maryland (ch. 329)
increased the compensation for permanent total disability from
$5,000 to $6,000. New Hampshire increased the maximum weekly
payment from $15 to $17 (ch. 135), and New Mexico (ch. 92) increased
the percent of weekly earnings from 55 to 60, and the maximum
weekly payments from $15 to $18, with the minimum raised from
$8 to $10. Under H. B. 80, enacted in Ohio, the minimum weekly
payments were increased from $5 to $8, and in case of a temporary
total disability, compensation for the first 12 weeks will hereafter be
based on the full-time weekly wage at the time of the injury. In
other claims, the average weekly wages for the year preceding the
injury will be used as a basis of computation, with any period of
unemployment eliminated. An amendment in Idaho (ch. 173) pro­
vided that in the case of an employee with dependent minor children
the minimum compensation shall be $8 a week instead of $6. In
Oregon (ch. 202) the commission was authorized to commute a
permanent partial disability award to a lump sum, provided the
disability does not exceed 24 degrees.
In Wisconsin (ch. 180) compensation hereafter will be payable for
life instead of for a maximum period ranging from 280 to 1,000 weeks
in cases of permanent total disability. If disability involves both a
major and minor permanent partial disability, the number of weeks
to be paid under each must be computed separately and added
together. To this total must be added 20 percent of the number of
weeks to be paid under the schedule fpx minor permanent disability,
and indemnity must )>e paid for the healing period in addition to
permanent disability gayments. The Wyoming Legislature amended



the workmen’s compensation act by chapter 128 and provided for the
payment of awards for permanent partial disability ranging from $200
to $2,500.
In Colorado (ch. 276) in cases of permanent total disability, the
employer or insurer may pay the award in a lump sum subject to the
approval of the industrial commission. Connecticut (p. 442) pro­
vided that dependents may receive compensation for a maximum
period of 312 weeks less the period for which payments have been
made to the deceased employee if death results from the accident or
occupational disease after 2 years from the date of the injury or first
manifestation of the disease. Florida (ch. 18413) raised the weekly
minimum from $4 to $6, and the maximum rate of payment was
increased from 50 to 60 percent of the average weekly wages, with
increases of 5 or 10 percent in cases of dependent children. Georgia
(p. 528) increased the total maximum amount payable from $5,000
to $7,000 and raised the maximum weekly payment from $15 to $20.
Payments for burial expenses were increased in Indiana (ch. 214) from
$100 to $150 and the approval of the insurance carrier will be required
before a lump-sum settlement is made. The allowance for burial
expenses was increased in Kentucky (4th Spec. Sess., ch. 25) from
$75 to $150, and in New Mexico (ch. 92) from $125 to $150. In New
Mexico, the maximum payment to widows or widowers, without
children, was increased from $14 to $16 and the maximum weekly
payment in other cases from $15 to $18. The minimum was raised
from $8 to $10. The amended act also provides that upon the death
or remarriage of a spouse the children are to receive compensation at
the same rate as in cases where there is no surviving spouse.
In Massachusetts, the payment of death benefits to children of
deceased employees may continue until they become 18 years old
(ch. 325). It was also provided in that State that death by suicide
is compensable if the injury impaired the employee’s mentality to
such an extent as to make him not responsible for his act (ch. 370).
The payment of reasonable funeral expenses is required when death
results from silicosis or other dust diseases in New York (ch. 271)
In Ohio (H. B. 69) the minimum total payment to natural parents
with whom the employee was living at the time of his death is now
$1,000, and the commission may determine his prospective dependents
and make total payments not exceeding $1,000 to them. The aggre­
gate maximum payment allowed is $6,500.
In a number of States the subject of medical aid was considered
and legislation was enacted allowing larger sufiis to be paid for such
services. In some States the employee is now entitled to dental aid,
in addition to the ordinary medical and hospital services required to be
furnished. The original law of Florida allowed an employee to select
a physician at the expense of the employer if t.fie latter had neglected



to do so, but hereafter the permission of the commissioner must be
obtained first. The 1937 law also provides that artificial members
shall be furnished with other medical services and supplies necessary
for recovery, and the insurance company may not coerce an employee
in selecting a physician (ch. 18413). The amending law of Georgia
(p. 528) increased from 30 days to 10 weeks the time for which medical,
surgical, and hospital aid must be furnished, and for such additional
time as will tend to lessen the period of disability. The maximum
amount payable for these services is increased from $100 to $500 and
reasonable artificial members must be furnished. By an amendment
to the Indiana law (ch. 214) medical and surgical treatment must be
furnished for 90 days, instead of 30 as heretofore, and in Iowa (ch. 98)
employers are required to furnish reasonable medical, surgical,
osteopathic, chiropractic, and hospital services. In exceptional
cases, the industrial commission may fix the amount to be spent, not
to exceed $600. The law of Kentucky now requires the employer to
expend up to $200 for first aid, and upon authorization of the board
the amount may be increased to $400 (ch. 25, 4th Spec. Sess.).
The Maryland act was amended by chapter 430, requiring an
employer to repair or replace any artificial limb, eye, tooth, or other
part accidentally damaged during employment, and a delay of more
than 3 days necessitates the payment of compensation for lost time
after a 3-day waiting period. In Rhode Island (ch. 2545) an employer
is required to furnish dental services when needed, including services
rendered in making, repairing, and replacing artificial teeth. Certain
required statements must be filed with the State compensation com­
missioner before payments for medical or surgical treatment may be
made in West Virginia (ch. 104). It is also provided that the claimant
and the employer may each have a physician present at any examina­
tion ordered by the commissioner. Dental and nursing services,
hospital treatment, and artificial appliances have been added to the
medical and surgical services to be supplied by the employer in
Pennsylvania (ch. 323). The maximum cost of the services has been
increased from $100 to $200 and the employer is required to pay the
cost of transportation to and from the place where the services are
rendered. The employee need not submit to surgical treatment which
in the opinion of two qualified physicians might jeopardize his life.
In Wisconsin (ch. 180) medical services must hereafter be supplied
as long as necessary, provided the period does not exceed that for
which compensation is payable. The Wyoming Legisla ture authorized
the court to pay an additional amount for medical and hospital treat­
ment, not to exceed $300, where death results from the injury (ch. 128).
The amount allowed for artificial members, in this State, was increased
from $150 to $200,




In several States the coverage of the act was broadened. The
Delaware law was extended to employees of the board of public works
of the township of Lewes (ch. 244), and both that State (ch. 242) and
Idaho (ch. 71) made the law applicable to officers and enlisted men of
the State National Guard. The Legislature of Florida (ch. 18413)
excluded several employments from the coverage of the law, such as
professional athletes, domestic servants in private homes, persons
engaged in turpentine labor, logging, production and distribution by
the producer of dairy products, and the production and handling of
agricultural and horticultural products. Persons who receive a com­
mission on the business or work done are no longer excluded from the
act nor are those persons engaged in preparing or shipping raw sea
foods or fish.
The Massachusetts act now provides (ch. 370) that an injury is
conclusively presumed to have arisen out of the employment if the
employee receives an injury resulting from frostbite or sunstroke with­
out voluntarily having assumed the increased hazard not contemplated
by his contract of employment or if he is injured as a result of the
physical activities of fellow employees in which he has not partici­
pated. Police officers of the town of Laurel and Prince Georges
County, in Maryland, were covered by the workmen’s compensation
act by supplemental enactments (chs. 288,315).
Employers of domestic servants and farm laborers may come under
the act in Minnesota by the provisions of chapter 64. New Hamp­
shire (ch. 159) extended its act to cover any industry or business
where there are five or more persons employed, except farm and domes­
tic laborers and casual employees, instead of limiting it to manual or
mechanical labor in certain employments, as formerly. The Legis­
lature of New Mexico by chapter 92 made the definition of “ engineer­
ing work” include the maintenance of a bridge, jetty, dike, dam,
reservoir, underground conduit, sewer, oil and gas well, oil tank, gas
tank, and water tank or tower. New York added the use of baling
and pressing machines to the list of hazardous employments (ch. 563).
North Dakota, b}^ chapter 178, placed volunteer firemen under the
law. In Ohio, house bill No. 45 defined the word “ injury” so as to
include any injury received in the course of and arising out of the
The South Carolina law was amended (Acts 208 and 667) so as to
exclude railway express companies and State and county fair associa­
tions. The act, however, now applies to planing mills. The Texas
act will cover an employee performing services outside the usual
course of employment at the direction of his employer, and also one
engaged in the construction or repair of the premises used by the
employer (S. B. 66). Texas by a new act (H. B. 420) extended



compensation protection to employees of the State highway depart­
ment. In Washington (ch. 147) the benefits of the act are now made
applicable to property belonging to the United States within the
State of Washington. Another amendment added truck driving,
employment in restaurants, and other occupations to the enumerated
extrahazardous occupations (ch. 211).
In West Virginia (ch. 104) members of rescue squads assisting in
mine accidents with the consent of the owners are deemed employees
under the act. It is now compulsory as to the State and all govern­
mental agencies, but appointive public officials are no longer covered.
Casual employers have been defined as persons employing less than 10
employees or who have not been in business for more than 60 days
prior to an accident. In Wisconsin (ch. 162) persons selling or distrib­
uting newspapers or magazines are now covered by the act, while in
Wyoming (ch. 128) power farming and building service were added to
the list of extrahazardous occupations.
In Delaware (ch. 243) employers of less than five may be covered by
the act if the employer and the employees file a joint notice of election
with the board. The acceptance of the law is made compulsory in
Minnesota by the repeal of the provisions concerning election (ch. 64).
New Hampshire (ch. 147) provided that any county, town, city,
school district, etc., may give written acceptance of the act through
designated officials and revocation of the acceptance may be made in
the same way. In New Mexico an employer may withdraw from the
coverage of the act by giving the required notice. Every employee is
conclusively presumed to have accepted the act if his employer is
subject to it, and has complied with the law, unless such employee has
given the required written notice to the contrary (ch. 92). Election by
a corporation in New York to be excluded from the act may not be
revoked until 30 days after written notice has been filed with the
industrial commissioner and insurance carrier (ch. 106). Oregon,
by chapter 356, provided that if the workman fails to make an election
within 20 days after notice to do so, election is presumed, unless sub­
sequent to such election an action is instituted within the time allowed.
W a itin g T im e

The waiting period in Alaska was reduced from 1 week to 1 day
(ch. 74). The Florida workmen's compensation law was amended
to require a waiting time of 4 days instead of 14 (ch. 18413). In
Kentucky (ch. 25, 4th Spec. Sess.) and Pennsylvania (ch. 323) if the
disability continues for more than 4 weeks, compensation is payable
from the date of the injury. Massachusetts made compensation
payable from the date of the injury when the incapacity lasts 2 weeks
or more (ch. 382). In South Carolina (Act 667) the waiting period



was reduced from 1 week to 3 days, and compensation will be payable
from the date of disability when the incapacity lasts more than 14 days.
A verage W eek ly W a ge

In New Mexico the average weekly wage must be calculated upon
the monthly, weekly, daily, hourly, or other basis of payment and
wages must include the reasonable value of board, rent, housing, lodg­
ing, or other similar advantage (ch. 92). New York, by chapter 86,
provided that the compensation combined with the decreased earnings
may not exceed the wages earned at the time of the injury, whereas
chapter 925 provided that average annual earnings must be not less
than 200 times the average daily wage. Michigan, by Act 204, pro­
vided that volunteer firemen will be deemed to receive not less than
$27 per week for the purpose of determining average weekly wage. In
Utah (ch. 41) the minimum period per year to be used in determining
the average weekly wage is set at 240 days. In Vermont (Act 174)
the method of computing the average weekly wage was changed, and
now the average weekly wage of a volunteer fireman will be the average
weekly wage in his regular employment, but not less than $15 nor
more than $30. In Wisconsin (ch. 180) the average weekly earnings
are to be determined by multiplying the daily earnings by the number
of days worked per week at the time of the injury, but not less than
30 times the normal hourly earnings.
E xtraterritoriality

The Florida law now provides compensation for an employee injured
outside the State, if the contract of hire was made in Florida and the
employer’s place of business or the residence of the employee is in the
State (ch. 18413). The amendatory law in New Hampshire provides
that the act is not applicable to workmen outside the State, but is
applicable to employees within the State regardless of the place of the
contract of hire (ch. 159).
Second In ju ries

By amendments adopted in Florida (ch. 18413) and Hawaii (Ser.
D-154) the sum of $500 must be paid into a special second-injury fund
in the event of death without dependents. In Massachusetts (ch. 394)
the amount to be paid to the State treasurer in such cases was increased
from $500 to $1,000. In Pennsylvania (No. 323) a second-injury
reserve account was set up for the payment of compensation when an
employee receives an injury which, combined with a previous major
permanent injury, causes permanent injury or death. The West
Virginia law was amended by chapter 104 to provide that in case of an
injury resulting in permanent total disability, following a specified dis-



ability in a different employment, the commissioner must charge to
the last employer an amount equal to the partial permanent disability
attributable to the last injury.
T h ird -P a rty L ia b ility

Act 744 (p. 528) enacted in Georgia provided that where payment
of damages is made by some person other than the employer, the
amount of damages shall be deducted from the amount of compensa­
tion which he would otherwise receive. Chapter 684 in New York
provided that a claimant may recover not only damages from the
third party, but also workmen’s compensation, provided action for
damages is commenced within 6 months after the award of compensa­
tion or within 1 year after accrual of the action; failure to do this
operates as an assignment to the employer or insurer. Oregon, by
chapter 357, provided that action against the third party responsible
for the injury is barred only when the third party was an employer
subject to the act, and was at the time of the injury on the premises
over which he had joint supervision with the employer. Another
Oregon amendment (ch. 356) omitted the provision that the commistion may compromise an action against a third party, and provided
shat any compromise made by the employee must be approved by the
commission. Notice of election to sue the third party must be given to
the commission and the commission also has a lien against the cause of
action, in the amount of compensation paid, including medical and
hospital service. An amendment in California (ch. 506) provided
for the enforcement of the employer’s lien on the judgment of an
employee against a third party for damages.
N on resid en t A lien s

In West Virginia (ch. 104) the compensation payable to nonresi­
dent aliens was fixed at the rate of 50 percent of the benefits payable
to resident beneficiaries. Such compensation may be commuted to
a lump-sum settlement in certain cases.
New York (ch. 110) provided that compensation to nonresident
alien dependents shall be computed as of the date of death, and as
of the date of nonresidence in case of resident aliens about to become
N otice o f In ju r y , Claim s
A few changes were made in the requirements covering time of
notice and claims for compensation. A new provision in Alaska
(ch. 74) requires that a report of the employee’s injury be made to
his employer immediately, and no compensation will be paid prior to
the day of the report. In Connecticut notice may be given to the
employer or the commissioner (p. 442). A new provision was added



to the law of Hawaii (Ser. D-155) declaring that no claims for com­
pensation may be made more than 5 years after the date of the
injury. In Indiana (ch. 214) an employer neglecting to file a report
of injury or proof of insurance is now subject to a fine of $50 to $500,
instead of $25. The Maryland Legislature, by chapter 329, extended
the time within which an injury causing hernia must be reported
from 48 hours to 10 days. By chapter 332 it provided that an
accident causing disability for more than 3 days must be reported
by the employer within 10 days; this replaces the former provision
that required the employer to report all accidents immediately.
New Mexico employers are now required (ch. 92) to report all com­
pensable injuries to the labor commission, and they must also give
notice of the date on which the initial payment of any claim for com­
pensation has been made. The failure of an employee to give notice
of injury, file claim, or bring suit within the time limit, however, will
not deprive him of the right to compensation where such failure was
caused by the employer or insurer. The Ohio law now provides
(H. B. 618) that application for compensation for death from an
occupational disease must be filed within 6 months.
In Oregon (ch. 436) if an injured workman, receiving compensation
for temporary total disability, dies after 1 year from the date of the
injury, the commission may permit a claim to be filed within 60 days
from the date of death. In Wyoming (ch. 128) the employee must
report the accident within 24 hours, but failure to give notice does
not bar recovery, if the employer had actual notice.
A d m in istra tion and Settlem ent o f Claim s

The Connecticut Legislature authorized (p. 433) the commissioners
to hold hearings in certain towns in each district. In Florida (ch.
18413) the legislature changed the method of collecting the award in
case of default. Georgia vested the deputies of the department of
industrial relations with the same power and authority as a director
(p. 528), and by the same act limited the time in which the depart­
ment may review an award or settlement to 2 years from the date
the department is notified of final payment. Act No. 333 (p. 230)
created within the department of labor an industrial board which
will enforce the workmen’s compensation law.
An amendment to the Kentucky law (ch. 25, 4tb Spec. Sess.)
requires that an award must be made within 30 days after the final
submission of the application for a hearing, but this time may be
extended to 90 days if the records are complicated or the questions
of law are unusual.
The Department of Labor and Industry of Michigan is to consist of
six members (instead of the former limit of four), three of whom must
be attorneys (Act 267). In Montana, by chapter 61, the board is



authorized to rescind, alter, or amend an award within 4 years, instead
of within the former 2-year limit. The time within which a claim
may be filed in the district court for the enforcement of an award was
fixed at 1 year in New Mexico, instead of 6 months (ch. 92). In
Ohio (H. B. 79) the commission must pass definitely upon each issue
raised in a claim, and the order of the commission must state the
grounds on which the claim is denied. House bill 235 established
four boards of claims, composed of three members each, to be located
throughout the State. These boards will have the powers of the
commission with reference to hearings, investigations, and awards,
with certain exceptions.
Any employee of the State of South Carolina or any political sub­
division, department, county, or municipal corporation may bring suit
to recover the benefits to which he is entitled under the act (Act 667).
The provisions of the act with regard to the attendance of witnesses
and the production of records was also changed.
The powers of the commissioner or examiner in Wisconsin were en­
larged by authorizing him to review, set aside, modify, or confirm com­
promises of claims (ch. 180). Wyoming (ch. 128) authorized the State
treasurer to appear in the district court and defend claims.
In su ra n ce

In a supplementary law (ch. 63) Alaska provided that in proceedings
under the workmen’s compensation act, the insurer may be made a
party defendant. In Colorado (ch. 277) the premium on the bond
furnished by the State treasurer as custodian of the State insurance
fund must now be paid from the fund instead of from the State
The Illinois Legislature provided for insurance of employers who
have been rejected by an insurance carrier (p. 689). When an appli­
cation for insurance has been rejected by three carriers, the industrial
commission may designate a carrier who is required to issue insurance.
The losses thus incurred will be equitably distributed among all the
carriers. In Wyoming (ch. 128) every employer engaged in an extrahazardous business is required to pay a monthly sum equal to 6 percent
of his pay roll for the first year, to be deposited to the credit of the
industrial accident board, and thereafter the monthly payments will
be 2 percent of his pay roll, but not less than $3,000.
The Maryland Industrial Accident Commission was authorized to
fix the minimum premium to be paid by the employer insuring in the
State accident fund (ch. 426). In Maine, chapter 130 created a recess
committee to study the subject of a State fund for workmen’s com­
pensation. In New Jersey notice of cancelation of insurance must be
given by registered mail (ch. 134). That State also provided that any



insurance policy issued contrary to the provisions of the act will be
construed as containing such provision (ch. 165). In Oklahoma
(p. 487) a board of managers of the State insurance fund which will
have charge of the administration of the fund was established; while
house resolution No. 8 provided for the appointment of a committee
to investigate this fund. In Puerto Rico (No. 39) changes were
made in the provision of the law relating to the actuary to be em­
ployed by the manager of the State Fund. This official must consult
and cooperate with the manager in the annual review and assessment
of premium rates and submit periodic reports to the Governor and
the legislature. In Ohio, house bill 617 made amendments to the
workmen’s compensation law concerning pay-roll records and the
requirement of audits, and authorized the commission to permit
the issuance of certificates of coverage for periods of less than 8
months. New York enacted several chapters relating to the insur­
ance features of the act (chs. 87, 106, 108, 559, 574, 684). California
also made several changes in the insurance features of the act, by
chapters 90, 218, 494, 724, and 893.
The Oregon commission (ch. 344) was authorized to readjust the
rates of contribution of all employers annually, based upon the hazard
of each classification of industry. By the terms of chapter 317 in
Massachusetts, the insurers are required to pay the cost of appointing
guardians, conservators, etc. The rate of tax on insurance premiums
and on uninsured employers was increased in South Carolina (Act 667).
Tennessee employers who carry no insurance must pay a tax under the
provisions of chapter 108. In Washington (ch. 89) several changes
were made in the provisions governing insurance and it is provided,
among other things, that the director of labor and industry may make
corrections in classifications or changes in rates. In Wisconsin (ch.
180) if an insurance company attempts to influence an employer to
refuse employment or to discharge employees the license of such in­
surer may be revoked, while several other changes in the provisions of
the law relating to insurance were made by chapters 219 and 329.
A ccid en t Prevention

In Florida employers are required to furnish safety devices and safe­
guards (ch. 18413). Compensation is increased 50 percent in New
Mexico (ch. 92) when an injury is caused by the failure of the employer
to provide safety devices required by law. The additional amount is
recoverable from the employer only.
A p p ea ls

The procedure governing appeals was changed slightly in Florida,
by chapter 18413. Idaho (ch. 175) now requires that appeals be taken



to the supreme court instead of to the district court. In Wyoming
(ch. 128) the time within which a disputed award may be appealed
has been extended from 1 to 2 years, and the injured workman may
select his own attorney in appeals to the supreme court. In Texas
(S. B. 64), in the trial of a case appealed from the board, certain
legal papers are presumed to be true as pleaded and properly filed
unless denied by verified pleadings.
M iscella n eou s

Illegally employed minors.— Under the Florida law double compensa­
tion must be paid in case of injuries to an illegally employed minor
(ch. 18413); the employer in such cases is liable for the increased
benefit. The Pennsylvania law (No. 323) provides that a minor is
not barred from compensation because the employment was obtained
by misrepresentation of his age, nor because he was violating the
child-labor law or a rule of industry or an order of his employer.
A minor receiving an injur; while employed by his parents may file
a claim for compensation against them.
Chapter 565 of the New York law changed from 16 to 18 years the
age at which a minor may apply to the superintendent of schools, or
other certificating officer, for an age certificate.
Dependency.— Illegitimate children were covered by chapter 64 in
Minnesota, and Montana (ch. 53) provided that orphans will be
entitled to compensation until the age of 21. In Wyoming (ch. 128)
awards to parents may be made only to parents who are dependent.
Suits jor damages.—For failure to insure or self-insure, an injured
employee or his dependents may elect to take compensation or sue for
damages, with the common-law defenses abrogated, under chapter 64
of the 1937 law of Minnesota.
By chapter 92, New Mexico repealed a former provision and declared
that in an action to recover damages for personal injury sustained
by an employee on the ground of want of ordinary care of the em­
ployer, the defenses of assumption of risk, fellow servant’s fault, or
contributory negligence, unless willful, may not be used. However,
an employer who has made an election and has complied with the
provisions of the act is not subject to any other liability, except as
provided for in the act.
In West Virginia (ch. 104) a change was made in the provisions of the
law authorizing suits for damages in cases where the employer did not
elect to come under the act. Casual employers under this amend­
ment are liable only for injuries caused by their wrongful acts.
Attorney’s fees.— Chapter 162 of Montana authorized the industrial
accident board to employ an extr^ attorney and pay the necessary
traveling expenses of its employees in the investigation and defense
of cases under plan 3 of the act. By the same chapter the power of



the board to fix fees is limited to those of the claimants attorney.
The New Mexico Legislature has increased fees for attorneys from 5
to 10 percent of the award. The court, however, may increase this
amount. In fixing attorney’s fees in Texas (S. B. 64) the court must
take into consideration the benefits received by the claimant as a
result of the services of the attorney. In West Virginia, by chapter
104, attorney’s fees have been limited to specified amounts and here­
after not more than $600, or 25 percent, of the total award may be
paid. In Georgia (p. 528) it was provided that a person prosecuting
or defending a claim without reasonable grounds may be assessed the
attorney’s fees of the opposing party.
Medical fees, etc.— The Georgia Legislature (p. 528) provided that
physicians may not collect their fees until certain required reports
have been made, and persons soliciting employment concerning claims
or accepting unauthorized fees are liable to fine or imprisonment.
Other legislation.— In addition to the appointment of committees
in several States to investigate occupational diseases, Oklahoma
(H. Res. No. 42) authorized a committee to revise the workmen’s
compensation act. In that State, also, the office of medical adviser to
the State industrial commission was created (p. 487).