or change his order, finding, or award at any time within fifteen days from the date thereof, if he shall discover any mistake therein.

Vacating or

SEC. 77. No action, proceeding, or suit to set aside, vacate, or amend any finding, order, or award of the commission, or to enjoin ders the enforcement thereof, shall be brought unless the plaintiff shall have first applied to the commission for a hearing thereon as provided in this act, and unless such action, proceeding, or suit shall have been commenced within sixty days after final decision by the commission.

Suits to

SEC. 78. Any person in interest being dissatisfied with any such finding, order, or award of the commission issued or promulgated modify awards. by virtue of the authority conferred in this act may commence an action in the district court in and for the county wherein the injury was sustained or in the district court in and for the city and county of Denver against the commission is defendant to modify or vacate the same on the ground that the same is unlawful or unreasonable, in which action the adverse party shall also be made a defendant.

All such actions shall have precedence over any civil cause of a different nature pending in such court, and the district court shall always be deemed open for the trial thereof, and the same shall be tried and determined by the district court in manner as provided for other civil actions.

SEC. 79. In such action a copy of the complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. The commission shall file its answer within twenty days after the service of the complaint. With its answer the commission shall make return to said court of all documents and papers on file in the matter, and of all testimony which may have been taken therein, and of its order, finding, and award. Such return of the commissioner when filed in the office of the clerk of the district court shall constitute a judgment roll in such action; and it shall not be necessary to settle a bill of exceptions in order to make such return part of the record of such court in such action. Said action may thereupon be brought on for hearing before said court upon such record by either party on ten days' notice to the other, subject, however, to the provisions of law for a change of the place of trial or the calling in of another judge. SEC. 80. If upon trial of such action it shall appear that all issues arising in such action have not theretofore been presented to the commission in the petition filed as provided in this act, or that the commission has not theretofore had an ample opportunity to hear and determine any of the issues raised in such action, or has for any reason not in fact heard and determined the issues raised, the court shall, before proceeding to render judgment, unless the parties to such action stipulate to the contrary, transmit to the commission a full statement of such issue or issues not adequately considered, and shall stay further proceedings in such action for fifteen days from the date of such transmission, and may thereafter grant such further stays as may be necessary.

Upon receipt of such statement the commission shall hear and consider the issues not theretofore heard and considered, and may alter, modify, amend, or rescind its finding, order, or award complained of in said action, and it shall report its action thereon to said court within ten days from the receipt of the statement from the court for further hearing and consideration.

The court shall thereupon order such amendment or other proceeding as may be necessary to raise the issues as presented by such modification of the finding, order, or award as may have been made by the commission upon the hearing, if any such modification has in fact been made, and shall proceed with the trial of such action.

SEC. 81. Upon such hearing the court may confirm or set aside such order, but only upon the following grounds:

(1) That the commission acted without or in excess of its powers;

Procedure.

Reference to commission.

Findings of

court.

II ow case may be posed of.

(2) That the finding, order, or award was procured by fraud; (3) That the findings of fact by the commission do not support the order or award.

Any action commenced in court under this section to set aside or modify any finding, order, or award of the commission sball be brought to trial thirty days after the issue shall be joined, unless continued on order of the court for good cause shown. No continuance shall be for longer than thirty days at one time.

Upon the trial of any such action the court shall disregard any irregularity or error of the commission unless it be made affirmatively to appear that the claimant was damaged thereby.

The record in any case shall be transmitted to the commission within twenty days after the order or judgment of the court, unless in the meantime a writ of error addressed to the district court shall be obtained from the supreme court for the review of such order or judgment.

SEC. 82. Upon setting aside of any finding, order, or award the dis- court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it may enter the proper judgment upon the findings, as the nature of the case shall demand: Provided, however, That in no event shall such judgment be for a greater amount of compensation than allowed by this act or in any manner conflict with the provisions thereof. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk thereof upon the docket of said court, and a transcript of such abstract may be obtained as of any entry upon such docket.

Review on

SEC. 83. The commission or any party who may consider himwrit of error. self aggrieved by a judgment entered upon the review of any such finding, order, or award may have questions of law only reviewed summarily by the supreme court by writ of error, as provided by law, and said cause shall be advanced upon the calendar of the supreme court, and a final decision rendered within sixty days from date of issuance of the writ. It shall not be necessary for said commission or any party aggrieved by said action to execute, serve, or file any undertaking in order to obtain such writ of error.

Court fees.

Costs.

SEC. 84. No fees shall be charged by the clerk of any court for the performance of any official service required by this act, except for the docketing of judgments and for certified copies of transcripts thereof. On proceedings to review any finding, order, or award costs as between the parties shall be allowed or not. in the discretion of the court, but no costs shall be taxed against said commission. In any action for the review of any finding, order, or award, and upon any review thereof by the supreme court it shall be the duty of the district attorney of the county wherein said action is pending, or of the attorney general, if requested by the commission, to appear on behalf of the commission, How commis- whether any other party defendant should have appeared or be sion represent- represented in the action or not. Unless previously authorized by the commission no lien shall be allowed, nor any contract be enforceable for any contingent attorneys' fees for the enforcement or collection of any claim for compensation, where such contingent fee, inclusive of all attorneys' fees paid, or agreed to be paid, for the enforcement or collection of such claim, exceed fifteen per cent of the amount at which claim shall be compromised or of the amount awarded, adjudged, or collected.

ed.

Violations.

SEC. 85. If any employer or employee, as defined in this act, or any other person shall violate any provisions of this act, or shall do any act prohibited thereby, or shall fall or refuse to perform any duty lawfully enjoined, within the time prescribed by the commission, for which no penalty has been specifically provided, or shall fail, neglect, or refuse to obey any lawful order made by the commission, or any judgment or decree made by any court as provided by this act, for each such violation, failure, or refusal such employer, employee, or other person shall be punished

by a fine of not more than one hundred dollars for each such offense.

SEC. 86. Every day during which any employer or officer or Each day a agent thereof or any employee shall fail to comply with any law-separate of ful order of the commission or shall fail to perform any duty im- fense. posed by this act shall constitute a separate and distinct violation thereof: Provided, however, That in any action which may be brought to enforce the same, or to enforce any penalty provided for in this act, such violations shall be considered cumulative and may be joined in such action.

Collection of

SEC. 87. All penalties provided for in this act shall be collected in a civil action brought against the employer or employee, penalties. as the case may be, in the name of the commission, and all such penalties when collected shall be applicable to the expense of the commission.

SEC. 88. Upon the request of the commission, the attorney general, or, under his direction, the district attorney of any district or county, shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of this act, or for the recovery of any money due the State compensation insurance fund, or any penalty herein provided for, arising within the district or county in which he was elected, and shall defend in like manner all suits, actions, or proceedings brought against the commission in his official capacity.

Enforcement.

False state

SEC. 89. If for the purpose of obtaining any order, benefit, award, or compensation or payment under the provisions of this ments. act, either for himself or for any other person, anyone willfully makes a false statement or representation, he shall be guilty of perjury and punished accordingly, and he shall forfeit all right to compensation under this act upon conviction of such offense.

Appropria

SEC. 90. For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any money in the State tions. treasury not otherwise appropriated for the ordinary expenses of the departments of the State, the sum of twenty thousand dollars ($20,000), or so much thereof as may be necessary for the payment of any premiums that may become due the State compensation insurance fund in compliance with section forty-four of this act; and the State auditor is hereby authorized and directed to draw bis warrants on said fund upon certified vouchers of the commission approved by the governor.

SEC. 91. All acts or parts of acts in conflict with the provisions of this act are hereby repealed: Provided, That no right action now existing shall be affected by such repeal, and nothing contained in this act shall be construed to affect the authority of the State board of health relative to the public health.

Repeals.

Provision;

SEC. 92. If any part, section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, severable. such decision shall not affect the validity of the remaining portions of this act. The general assembly hereby declares that it would have passed this act and each part, section, subsection, sentence, clause, or phrase irrespective of the fact that any one or more other parts, section, subsection, sentences, clauses, or phrases be declared unconstitutional.

SEC. 93. It is hereby declared that this act is necessary for the immediate preservation of the public peace, health, and safety. SEC. 94. In the opinion of the general assembly an emergency exists; therefore this act shall take effect and be in force immediately after its passage.

Approved April 10, 1915.

CHAPTER 180.—Industrial commission.

Emergency.

Act in effect

Commission

SECTION 5. There is hereby created a board which shall be known as the "Industrial Commission of Colorado." Within created. thirty days after the passage of this act the governor, by and 42704-17-28

with the consent of the senate, shall appoint one member whose term of office shall expire March 1, 1917; a second member whose term of office shall expire March 1, 1919; and a third member whose term of office shall expire March 1, 1921. Upon the expiration of each appointment the governor shall appoint members of the commission, by and with the advice and consent of the senate, for terms of six years each. Vacancies shall be filled in the same manner for unexpired terms. Not more than two of the commissioners shall be members of the same political party. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment, or affiliations, can be classed as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment, or affiliations, can be classed as a representative of employees.

Each member of the commission, before entering upon the duties of his office, shall take the oath prescribed by the constitution, and shall give good and sufficient bond running to the people of the State of Colorado, in the penal sum of ten thousand dollars, conditioned that he shall faithfully discharge the duties of his office and shall account for and pay over to the person entitled thereto such moneys as shall come into his possession; said bond shall be signed by a surety company duly authorized to do business in this State or by two or more individuals as surety or sureties and shall be subject to approval by the governor and shall then be filed with the secretary of state. If surety company bonds shall be furnished, the premium therefor shall be paid by the State as other expenses of the commission are paid. In case of a vacancy the remaining two members of the commission shall exercise all the powers and authority of the commission until such vacancy is filled. Each member of the commission shall receive an annual salary of not to exceed four thousand dollars and actual expenses necessarily incurred in the performance of his duties, which shall be in full for all services performed. The commissioners shall devote their entire time to the duties of their office.

A majority of said commissioners shall constitute a quorum to transact business and for the exercise of any of the powers or authority conferred by this act

Approved April 12, 1915.

CONNECTICUT.

ACTS OF 1913.

CHAPTER 138.-Compensation of workmen for injuries.

PART A-EMPLOYERS' LIABILITY.

Defenses

SECTION 1. In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his abolished. employment, or for death resulting from injury so sustained, it shall not be a defense: (a) That the injured employee was negligent; (b) that the injury was caused by the negligence of a fellow employee; (c) that the injured employee had assumed the risk of injury.

When abro

SEC. 2. The provisions of section one of part A of this act shall not apply to actions to recover damages for personal injuries sus- gation does not tained by employees of any employer having regularly less than apply. five employees, by casual employees, or by outworkers; nor shall the same provisions apply to actions against any employer who shall have accepted part B of this act in the manner hereinafter prescribed.

PART B-WORKMEN'S COMPENSATION.

SECTION 1. When any persons in the mutual relation of employer Election of and employee shall have accepted part B of this act, the employer compensation. shall not be liable to any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment or on account of death resulting from injury so sustained; but the employer shall pay compensation on account of such injury in accordance with the scale hereinafter provided, except that no compensation shall be paid when the injury shall have been caused by the willful and serious misconduct of the injured employee or by his intoxication. The acceptance of part B of this act by employers and employees shall be understood to include the mutual renunciation and waiver of all rights and claims arising out of injuries sustained in the course of employment as aforesaid, other than rights and claims given by part B of this act, including the right of jury trial on all questions affecting compensation and all right of appeal from the compensation commissioners except as hereinafter established.

Election pre

SEC. 2 (as amended by chapter 288, Acts of 1915). All contracts of employment between an employer and an employee, as such sumed. terms are defined in section forty-three of part B, except those made between an employer having regularly less than five employees and any such employee, whether made before this act goes into effect and continued in force after such time or made thereafter, shall be conclusively presumed to include a mutual agreement between employer and employee to accept part B of