Construction.

Election.

Reports.

(b) The filing of an application for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of the order, decision, award, rule, or regulation of the commission subject to review, but the court before which such application is filed may, in its discretion, stay or suspend in whole or in part the operation of the order, decision, award, rule, or regulation of the commission subject to review upon such terms and conditions as it may by order direct.

SEC. 86. (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed by such court.

(b) If any section, subsection, subdivision, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases is declared unconstitutional.

(c) This act shall not be construed to apply to employers or employments which, according to law, are so engaged in interstate commerce as not to be subject to the legislative power of the State or to employees injured while they are so engaged, except in so far as this act may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress.

SEC. 87. (a) Any employer having in his employment any em ployee not included within the term "employee" as defined by section fourteen of this act or not entitled to compensation under this act, and any such employee may, by their joint election, elect to come under the compensation provisions of this act in the manner hereinafter provided.

(b) Such election on the part of the employer shall be made by filing with the commission a written statement to the effect that he accepts the compensation provisions of this act, which, when filed, shall operate, within the meaning of section twelve of this act, to subject him to the compensation provisions of this act, and all acts amendatory thereof, for the term of one year from the date of filing, and thereafter without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file in the office of the commission a notice in writing that he withdraws his election. Such acceptance shall not be held to include employees whose employment is both casual and not in the usual course of the trade, business, profession, or oceupation of the employer, unless expressly mentioned therein.

(c) Any employee in the service of any such employer shall be deemed to have accepted, and shall, within the meaning of section twelve of this act, be subject to the compensation provisions of this act, and of any act amendatory thereof, if, at the time of the accident for which liability is claimed:

(1) The employer charged with such liability is subject to the compensation provisions of this act, whether the employee has actual notice thereof or not; and

(2) Such employee shall not, at the time of entering into his contract of hire, have given to his employer notice in writing that he elects not to be subject to the compensation provisions of this act; or, in the event that such contract of hire was made in advance of the election by the employer, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such employer for thirty days after the employer has filed his election.

SEC. 88. The commission shall, not later than the first day of December of each calendar year, subsequent to the year nineteen. hundred and thirteen, make a report to the governor of the State covering its entire operations and proceedings for the previous

fiscal year, with such suggestions or recommendations as it may deem of value for public information. Such report shall be printed and a copy thereof furnished to all applicants within this State.

SEC. 89. The sum of one hundred eighty-seven thousand four hundred seventy dollars is hereby appropriated out of any money in the State treasury not otherwise appropriated, to be used by the Industrial Accident Commission in carrying out the purposes of this act, and the controller is hereby directed to draw his warrant on the general fund from time to time in favor of said Industrial Accident Commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same.

SEC. 90. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 91. The compensation provisions of this act shall not apply to any injury sustained prior to the taking effect thereof.

inju

ries.

Act in effect.

SEC. 92. This act shall take effect and be in force on and after the first day of January, A. D. 1914.

Approved May 26, 1913.

COLORADO.

ACTS OF 1915.

CHAPTER 179.-Compensation of workmen for injuries.

Administra

SECTION 1. The Industrial Commission of Colorado created by the act of the General Assembly of Colorado,' which commission tion of act. for the purposes of this act shall be a body politic and corporate under the name prescribed by said act, shall enforce and administer the provisions of this act, and wherever the word commission is used in this act it shall be construed to mean the Industrial Commission of Colorado. The said commission, in the administration of this act, shall be governed by its provisions if there be conflict between the same and the provisions of the act creating said commission.

SEC. 2. The term "commission" when used in this act shall mean the Industrial Commission of Colorado.

SEC. 3. Unless the context otherwise requires, a word used in this act in the singular number shall also include the plural,

SEC. 4. The following terms as used in this act shall be construed and have the following meaning, unless otherwise specifically defined in the context:

(a) The term "order" shall mean and include any decision, classification, rate, rule, regulation, direction, requirement, or standard of the commission, or any other determination arrived at or decision made by such commission.

(b) The term "place of employment" shall mean and include every place, whether indoors or out or underground, and the premises appurtenant thereto, where either temporarily or perLanently any industry, trade, or business is carried on or where any process or operation, directly or indirectly relating to any industry, trade, or business, is carried on and where any person is directly or indirectly employed by another for direct or indirect gain or profit, except as otherwise expressly provided in this act.

Commission.

plural.

Singular and

Definitions.

"Order."

"Place of employment."

"Employ

(e) The term " employment" shall mean and include any trade, ment. occupation, or process of manufacture, or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged, except as otherwise expressly provided in this act.

(d) The term "employer" shall mean and include:

I. The State, and each county, city, town, irrigation and school district therein, and all public institutions and administrative boards thereof.

II. Every person, association of persons, firm and private corporation (including any public-service corporation), personal representatives, assignee, trustee, and receiver, who has four (4) or more persons regularly engaged in the same business or employment (except as otherwise expressly provided in this act), in service under any contract of hire, express or implied, and who, at or prior to the time of the accident to the employee for which compensation under this act may be claimed, shall, in the manner provided in this act, have elected to become subject to the provisions of this act and who complies with the provisions hereof respecting insurance, and who shall not, prior to such accident, have effected a withdrawal of such election in the manner provided in this act.

1 See pp. 433 and 434.

"Employer."

Exemptions. III. This act is not intended to apply to employers of private domestic servants or farm and ranch labor, nor to employers who employ less than four employees regularly in the same business or in or about the same place of employment: Provided, That any such employer may elect to accept the provisions of this act in the manner provided herein, in which event he and his employees shall be subject to and entitled to all the provisions of this act.

Interstate

IV. The provisions of this act shall not apply to common carcommerce. riers engaged in interstate commerce, nor to their employees. "Employee." (e) The term employee" shall mean and include:

Dependents.

I. Every person in the service of the State, or of the county, city, town, irrigation, or school district therein, or of any public institution or administrative board thereof, under any appointment or contract of hire, express or implied, except an elective official of the State, or of any county, city, town, irrigation or school district therein, or of any public institution or administrative board thereof. Policemen and firemen shall be deemed employees, within the meaning of this paragraph: Provided, That any policeman or fireman claiming compensation under this act shall have deducted from such compensation any sum which such policeman or fireman may receive from any pension or any benefit fund to which the municipality may contribute.

II. Every person in the service of any other person, association of persons, firm, private corporation, including any public-service corporation, personal representative, assignee, trustee, or receiver under any contract of hire, express or implied, including aliens, and also including minors who are legally permitted to work under the laws of this State (who, for the purposes of this act, shall be considered the same, and shall have the same power of contracting with respect to their employment, as adult employees), but not including any person whose employment is but casual, or who is expressly excluded from this act, or whose employment is not in the usual course of trade, business, profession, or occupation of his employer.

(f) The following shall be conclusively presumed to be solely and wholly dependent for support upon a deceased employee:

I. The widow only if living with the deceased or actually dependent, wholly or partially, upon him at the time of his accident. II. The widower only if incapable of self-support and actually dependent, wholly or partially, upon deceased at the time of her accident.

III. A child or children under the age of eighteen years (or over said age if physically or mentally incapacitated from earning) actually dependent upon the parent with whom he is, or they are, living at the time of the death of such parent, there being no surviving and dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided between such dependents in such proportion as may be determined by the commission after considering the ages of such dependents and other facts bearing upon such dependency.

IV. In all other cases, questions of entire or partial dependency shall be determined in accordance with the facts, as the same may be at the time of the accident to the employee; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them; and persons partially dependent, if any, shall receive no part thereof; but if there is no one wholly dependent, and there is more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency. V. No person shall be considered a dependent unless a member of the family of the deceased employee, or one who bears to him the relation of surviving spouse, or lineal descendant, or ancestor. or brother or sister. A child within the meaning of this act shall include a posthumous child and a child legally adopted prior to the injury.