of workmen's compensation laws. As to interstate commerce, the Federal liability law controls. The legislatures of the several States are not uniform as to whether or not punitive or exemplary damages are recoverable, but only such rights can be enforced as the statutes provide. The amount recoverable is limited by the statutes of some States, while New York, Oklahoma, Pennsylvania, Utah, and Wyoming each declares in its constitution that the amount shall not be restricted; but, except in Oklahoma, amendments permit the operation of workmen's compensation acts with fixed awards. Expressions frequently used are "such damages as may be fair and just," or "such damages as the jury may assess.' Porto Rico has a limit of $3,000 in cases involving employer and employee. The largest amount is $10,000, named in the laws of Connecticut, Illinois, Indiana, Kansas, Massachusetts, Missouri, Ohio, Virginia, West Virginia, Wisconsin, and the District of Columbia. In Minnesota and Oregon the maximum is $7,500 and in New Hampshire $7,000; while in Colorado and Maine it is $5,000. In other States no sum is named. The time within which the action must be brought is generally limited, ranging from 6 months in Porto Rico to 6 years in South Carolina. Four States have a limitation of three years, 25 of two years, and 16 of one year. Persons properly classified as beneficiaries must be found to bring the action, the persons so named by the English act being the wife, husband, parent, or child of the deceased person. In most States, however, the use of the words "personal representatives" implies a less restricted class of beneficiaries, though the action is for the benefit of the heirs, and the amount recovered is in most instances not liable for the debts of the decedent. The law of the District of Columbia on this subject is presented in full as a type of this class of laws: DISTRICT OF COLUMBIA-CODE Injuries causing death SECTION 1301. Right of action.-Whenever by any injury done or happening within the limits of the District of Columbia the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured, or if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony; and such damages shall be assessed with reference to the injury resulting from such act, neglect, or default causing such death, to the widow and next of kin of such deceased person: Provided, That in no case shall the recovery under this act exceed the sum of ten thousand dollars: And provided further, That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, neglect, or default has recovered damages therefor during the life of such party. SEC. 1302. Limitation.-Every such action shall be brought by and in the name of the personal representative of such deceased person, and within one year after the death of the party injured. SEC. 1303. Distribution.-The damages recovered in such action shall not be appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family and be distributed according to the provisions of the statute of distribution in force in the said District of Columbia. Following is a list of the various States, etc., having laws on this subject: Alabama.-Code, secs. 5695, 5696, 8948. Arizona.-R. S., secs. 3372-3376. Arkansas.-Digest, secs. 1074, 1075. California.-C. Civ. Pro., secs. 340, 377. Colorado.-R. S., secs. 6302-6306. Connecticut.-G. S., sec. 6137. Delaware.-R. C., sec. 4155. District of Columbia.-Code, secs. 1301-1303. Hawaii.-Acts of 1923, No. 245. Idaho.-C. S., secs. 6612, 6644. Illinois.-R. S., ch. 70, sees. 1, 2. Indiana.-A. S., sec. 285. Iowa.-Code, secs. 3313, 3443, 3447. Kansas.-G. S., secs. 7323, 7324. Kentucky.-Const., secs. 84, 241; Statutes, secs. 6, 2516. Louisiana.-Civ. Code, art. 2315. Maine.-R. S., ch. 92, secs. 9, 10. Maryland.-A. C., art. 67, secs. 1-4. Massachusetts.-G. L., ch. 229, secs. 1-11. Michigan.-C. L., secs. 12323, 14577, 14578. Minnesota.-G. S., sec. 8175. Mississippi.-Code, secs. 721 (am. 1922, ch. 229). Missouri.-R. S., secs. 4217-4219, 7514. Montana.-R. C., secs. 9031, 9076. Nebraska.-C. S., secs. 1382, 1383. Nevada.-R. L., secs. 4967, 4997. New Hampshire.-P. S., ch. 191, secs. 8-12 (am. 1913, ch. 201). New Mexico.-A. S., secs. 1821-1823. New York.-Const., art. 1, sec. 18; C. Civ. Pro., secs. 841a, 1902-1905 (am. 1909, ch. 221; 1913, chs. 228, 756). North Carolina.-Con. S., secs. 160, 161. North Dakota.-R. C., secs. 6785, 6789, 7686-7688 (um. 1917, ch. 106), 76897691. Ohio.-G. C., secs. 10770-10773 (am. 1910, pp. 198, 199; 1913, pp. 116, 117). Oklahoma.-R. L., secs. 5281, 5282. Oregon.-Laws, sec. 380. Pennsylvania.-Const., art. III, sec. 21; Statutes, secs. 15977-15979. Porto Rico.-R. S., secs. 5044, 5045. Rhode Island.-G. L., ch. 233, secs. 14, 15. South Carolina.-Civ. C., secs. 3955-3958, 3963. South Dakota.-R. C., secs. 2929-2932. Tennessee.-Code, secs. 4025-4029, 4469. Texas.-R. Civ. S., arts. 1838, 1895, 4694-4704 (am. 1921, ch. 109), 5687. Virginia. Code, secs. 5786-5790. Washington.-C. and S., secs. 170, 183 (am. 1917, ch. 123), 194 West Virginia.-Code, ch. 103, secs. 5, 6. Wisconsin.--Stats., secs. 4224, 4255, 4256. Wyoming.-C. S., secs. 5281, 5282. VOCATIONAL REHABILITATION-STATE AND FEDERAL COOPERA TION The more humane and responsible attitude toward injured workers embodied in the workmen's compensation laws, and the successful rehabilitation activities in connection with the wounded soldiers are doubtless jointly responsible for the recent rapid extension of the idea of retraining injured industrial workers for a resumption of self-supporting and self-respecting employment. The Federal statute of June 2, 1920 (41 Stat. 735, C. S. secs. 893214-89321⁄4k), appears in its proper sequence in the texts of laws printed in Part II. The provision for State cooperation on the basis of at least equal contributions to expenses has been accepted by most States of the Union. The legislation by the States is quite uniform, and that of Arizona may be accepted as representative. It is as follows: ARIZONA-ACTS OF 1921 CHAPTER 78.-Vocational rehabilitation--State and Federal cooperation SECTION 1. Act accepted.-The State of Arizona does hereby, through its legislative authority, accept the provisions and benefits of the act of Congress, entitled "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment," approved June 2, 1920, and will observe and comply with all requirements of such act. SEC. 2. Custody of funds.-The State treasurer is hereby designated and appointed custodian of all moneys received by the State from appropriations made by the Congress of the United States for the vocational rehabilitation of persons disabled in industry or otherwise, and is authorized to receive and provide for the proper custody of the same and make disbursements therefrom upon the order of the State board herein designated. SEC. 3. Board.-The board heretofore designated as the State board of vocational education to cooperate with the Federal Board for Vocational Education in the administration of the provisions of the vocational education act, approved February 23, 1917, is hereby designated as the State board for the purpose of cooperating with the said Federal board in carrying out the provisions and purposes of said Federal act providing for the vocational rehabilitation of persons disabled in industry or otherwise and is empowered and directed to cooperate with the said Federal board in the administration of said act of Congress; to prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise and provide for the supervision of such training; to appoint such assistants as may be necessary to administer this act and said act of Congress in this State; to fix the compensation of such assistants and to direct the disbursement and administer the use of all funds provided by the Federal Government and this State for the vocational rehabilitation of such persons. SEC. 4. Gifts, etc.--The State board designated to cooperate as aforesaid in the administration of the Federal act, is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the State board are proper and consistent with the provisions of this act. All the moneys received as gifts or donations shall be deposited in the State treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by the said board to defray the expenses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the governor of the State by the State board. SEC. 5. Appropriation.-There shall be appropriated a sum of money available for each fiscal year not less than the maximum sum which may be allotted to the State for the purposes set forth in said Federal act, and there is hereby appropriated for such purposes out of any moneys in the treasury not otherwise appropriated for the fiscal year ending June 30, 1921, the sum of $5,000. A few States accepted the act prior to its enactment, anticipating the action of Congress in this respect. But few legislatures were in session in the year 1920, subsequent to the date of the action by Con gress, but in 1921 there was a very general acceptance, other States coming in in succeeding years. No action has been taken in 17 jurisdictions, while Tennessee by an act of 1923 (ch. 74) withdrew its acceptance of 1921, and is now one of the noncooperative States. Following is a list of the States, showing the year of enactment and the number of the chapter or act by which cooperation is provided: Alabama.-Acts of 1920, No. 86. Nevada.-Acts of 1921, ch. 200. New Jersey.-Acts of 1920, ch. 359. Virginia. Acts of 1922, ch. 516. West Virginia.-Acts of 1921, ch. 19. Besides accepting the cooperative system, the following States have statutes providing for independent action: California.-Acts of 1919, ch. 183. Illinois.-Acts of 1919, p. 534. Wisconsin.-Statutes, sec. 41.215. Wyoming.-Acts of 1921, ch. 110 (am. 1923, ch. 24). Specific provision for rehabilitation is also made in the workmen's compensation laws of California, Massachusetts, Minnesota, New York, North Dakota, Oregon, and Wisconsin. OLD AGE PENSIONS Statutes providing for pensions for aged persons are not strictly industrial laws, although they accomplish ends frequently sought by contributory schemes in which employers and employees cooperate in other countries. But little legislation on this subject has been enacted in the United States. It is thus far strictly noncontributory, or supported by taxation, as are those forms of relief that are provided for poverty and sickness in various forms of poor relief. An early statute in this field was one of Arizona, an initiated act of 1914, proposing to abolish almshouses, superseding them by monthly allowances to "aged people and people incapable of earning a livelihood by reason of physical infirmities," etc. The supreme court of that State found the law lacking in "a clear statement of the means and method of its enforcement;" technical defects also vitiated the act, so that its was declared void (State Board of Control v. Buckstegge (1916), 18 Ariz. 277, 158 Pac. 837). Congress in 1906 (act of May 14, 24 Stat. 192) provided that all moneys received for liquor licenses and occupation and trade licenses, outside of the incorporated towns, of Alaska be held as a separate fund to be known as the "Alaska Fund." An amendment of 1913 devoted 10 per cent of such fund to the relief of "persons in Alaska who are indigent and incapacitated through nonage, oldage, sickness, or accident." The Alaska Legislature of the same year (1913, ch. 80) provided for an "Alaska Pioneers' Home" in which residents of five years' standing might be cared for if in need of aid because of physical disability or otherwise. In 1915 pioneers at least 65 years of age and 10 years in residence might be given an outdoor allowance not to exceed $12.50 per month in lieu of residence in the home. In 1923 (ch. 46) men 65 years of age and women 60 years of age, 15 consecutive years in residence immediately prior to application, were given the benefits of this law, allowances being advanced to $25 per month for men and $15 per month for women. Any estate of the beneficiary is subject to a preferred claim in behalf of the fund if there is no widow or minor child under 18. In Montana (ch. 72, acts of 1923) the county old-age pension board or commission may receive applications from persons 70 years of age, citizens of the United States and residents of the State of Montana for at least 15 years. Disqualifications are the abandonment of a wife by a husband without just cause, failure to render support to wife or children under 15 years of age within the 15 years preceding, or being a professional tramp or beggar within the preceding year. Benefits may not exceed $25 per month. A Nevada law (ch. 70, acts of 1923) closely resembles the above except that the minimum age is 60 years, while the benefits, taken together with other resources, may not bring the income to above $1 per day. Pennsylvania is the final State to be noted, an act of 1923 (No. 141) resembling in its main provisions the laws of Montana and Nevada already noted.1 A State commission and county boards cooperate; a minimum age of 70 years and minimum residence of 15 years are required. Benefits and other resources may not exceed $1 per day, and possession of property, alone or jointly with a spouse, exceeding $3,000 in value is a bar. Disqualifications are similar to those noted under the Montana law. RETIREMENT OF PUBLIC EMPLOYEES The laws under this head relate entirely to public employment, and therefore are not industrial in their main aspects. However, they indicate a steady if slow growth of the idea of retirement after long-continued service, though most of the legislation recently has been amendatory. In most cases contributions by employees are provided for. This statute has been declared unconstitutional by the State courts, as violating sec. 18, Art. III of the State constitution, which forbids appropriations for charitable or benevolent purposes except pensions or gratuities for military service. Busser v. Snyder, 128 Atl. 80. |