Who may appeal. Fees. made by the clerk thereof upon the docket entry of any judgment which may theretofore have been rendered upon such order or award, and transcripts of such abstract may thereupon be obtained for like entry upon the dockets of the courts of other counties. Sec. 2394-21. Said commission, or any party aggrieved by a judgment entered upon the review of any order or award, may ap peal therefrom within the time and in the manner provided for an appeal from the orders of the circuit court, except that it shall not be necessary for said commission or any party to said action to execute, serve or file the undertaking required by section 3052 of the statutes in order to perfect such appeal; but all such appeals shall be placed on the calendar of the supreme court and brought to a hearing in the same manner as State causes on such calendar. Sec. 2394–22. No fees shall be charged by the clerk of any court for the performance of any official service required by sections 2394-3 to 2394–31, inclusive, except for the docketing of judgments and for certified copies of transcripts thereof. In proceedings to review an order or award, costs as between the parties shall be allowed or not in the discretion of the court, but no costs shall be Attorney for taxed against said commission. In any action for the review of an commission. order or award and upon any appeal therein to the supreme court, it shall be the duty of the attorney general, personally or by an assistant, to appear on behalf of the commission, whether any other party defendant shall have appeared or be 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 attorney's fee for the enforcement or collection of any claim for compensation where such contingent fee, inclusive of all taxable attorney's fees paid or agreed to be paid for the enforcement or collection of such claim, exceeds 10 per cent of the amount at which such claim shall be compromised, or of the amount awarded, adjudged, or collected. Claims not assignable. Preference. Security payments. Sec. 2394-23. No claim for compensation under sections 2394-3 to 2394-31, inclusive, shall be assignable before payment, but this provision shall not affect the survival thereof; nor shall any claim for compensation or compensation awarded, adjudged, or paid be subject to be taken for the debts of the party entitled thereto. Sec. 2394-24 (as amended by chapter 121, Acts of 1915). 1. The whole claim for compensation for the injury or death of any employee or any award or judgment thereon shall be entitled to a preference over the unsecured debts of the employer hereafter contracted, but this section shall not impair the lien of any judgment entered upon any award. 1a. In all cases where an employer shall become liable to an employee for compensation in weekly indemnity extending over a period of six months or more he may be required by the industrial commission, in its discretion, to purchase an annuity therefor with a domestic corporation, duly authorized to issue annuities, or to furnish a bond for the payment of such compensation as shall be required and approved by the industrial commission. of 2. An employer liable under this act to pay compensation shall insure payment of such compensation in some company authorized to insure such liability in this State unless such employer shall be exempted from such insurance by the industrial commission. An employer desiring to be exempt from insuring his liability for compensation shall make application to the industrial commission, showing his financial ability to pay such compensation, whereupon the commission, by written order, may make such exemption. The commission may, from time to time, require further statement of financial ability of such employer to pay compensation and may, upon 10 days' notice in writing, revoke its order granting such exemption, in which case such employer shall immediately insure his liability. 3. An employer who shall fail to comply with the provisions of subsection 2 of section 2394-24 shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit $25 for each offense. Each day's failure shall be a separate offense. Upon complaint of the commission such forfeitures may be collected by the State in an action in debt. third Sec. 2394-25. 1. The making of a lawful claim against an em- Claims ployer for compensation under section 2394–3 to 2394-31, inclusive, against for the injury or death of his employee shall operate as an assign-parties. ment of any cause of action in tort which the employee or his personal representative may have against any other party for such injury or death; and such employer may enforce in his own name the liability of such other party. 2. The making of a claim by an employee against a third party for damages by reason of an accident covered by sections 2394-3 to 2394-31, inclusive, shall operate as a waiver of any claim for compensation against the employer. Insurance. Liability not Sec. 2394-26. Nothing in sections 2394-3 to 2394-31, inclusive, shall affect the organization of any mutual or other insurance company, or any existing contract for insurance of employers' liability, nor the right of the employer to insure in mutual or other companies, in whole or in part, against such liability or against the liability for the compensation provided for by sections 2394-3 to 2394-31, inclusive, or to provide by mutual or other insurance or by arrangement with his employees, or otherwise, for the payment to such employees, their families, dependents, or representatives of sick, accident, or death benefits in addition to the compensation provided for by sections 2394-3 to 2394-31, inclusive. But liability for compensation under sections 2394–3 to 2394-31, inclusive, shall not be reduced or affected by any insur- to be reduced. ance, contribution, or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer; and in addition thereto, the right to enforce in his own name, in the manner provided in sections 2394-3 to 2394-31, inclusive, the liability of any insurance company which may, in whole or in part, have insured the liability for such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer or the insurance company, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid: And provided further, That as between the employer and the insurance company, payment by either directly to the employee, or to the person entitled to compensation, shall be subject to the conditions of the insurance contract between them. Sec. 2394-27. 1. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall governed be deemed to be made subject to the provisions of sections 2394-3' to 2394-31, inclusive, and provisions thereof inconsistent with section 2394-3 to 2394-31, inclusive, shall be void. No company shall enter into any such contract of insurance unless such company shall have been approved by the commissioner of insurance, as provided by law. For the purposes of sections 2394-3 to 2394-31, inclusive, each employee shall constitute a separate risk within the meaning of section 1898d of the statutes: Provided, That at least five employers shall join in the organization of a mutual company under subdivision (5) of section 1897, and no such company organized by employers shall be licensed or authorized to effect such insurance unless such company shall have in force or put in force simultaneously, insurance on at least one thousand five hundred separate risks. act. Insurance by Inspection of insurance companies. 2. The industrial commission, by itself or its employees, may examine from time to time the books and records of any liability insurance company insuring liability or compensation for an employer in this State. Any such company that shall refuse or fail to allow the industrial commission to examine its books and records or to file the report required by subsection 3 of section 2394-27, shall have its license to do business in the State revoked. 3. Every company transacting the business of compensation Companies to report. insurance, in addition to all other reports required by law to be made, shall on or before the 1st day of March in each year, on Rates and classifications to be filed. blanks furnished for such purpose, make and file with the indus trial commission an annual statement of its business and accident experience covering the year ending on the preceding 31st day of December. 4. Every insurance company, including any interinsurer or other insurer authorized to do business within this State and insuring the liability of employers for compensation as herein provided, shall file with the industrial commission its classifications of risks and rates of premium relating thereto, and any changes in or additions to such classifications or rates of premium. No such company shall issue in this State any policy insuring against such liability for compensation except upon the classifications and rates of premiums so filed with the industrial commission. No such company shall discriminate between insured having risks in the same class and degree of hazard by the granting of any rebate or deduction in such rate of premium, or by any change of classification for the purpose of granting such deduction, or in any other manner. Any such company or agent violating any provision of this section shall be subject to the penalties provided by section 19550. Upon the filing of any complaint with the commissioner of insurance alleging any violation of this section, proceedings shall be had thereon as provided for violations of section 19550. Upon the filing of any complaint with the commissioner of insurance alleging any violation of this section, proceedings shall be had thereon as provided for violations in section 19550. Employers' Sec. 2394-28. Any employer against whom liability may exist for compensation under sections 2394–3 to 2394–31, inclusive, may, with the approval of the industrial commission, be relieved therefrom by-- options. Blanks, etc., (1) Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at 3 per cent per annum, with such trust company of this State as shall be designated by the employee (or by his dependents, in case of his death, and such liability exists in their favor), or in default of such designation by him (or them) after 10 days' notice in writing from the employer, with such trust company of this State as shall be designated by the commission; or (2) By the purchase of an annuity, within the limitations provided by law, in any insurance company granting annuities and licensed in this State, which may be designated by the employee, or his dependents, or the commission, as provided in subdivision (1) of section 2394-28. Sec. 2394-29. The commission shall cause to be printed and furto be furnished. nished free of charge to any employer or employee such blank forms as it shall deem requisite to facilitate or promote the efficient administration of sections 2394-3 to 2394-31, inclusive; it shall provide such proper record books or records as it shall deem required for the proper and efficient administration of sections 2394-3 to 2394-31, inclusive; all such records to be kept in the office of the commission. The commission shall cause notice of employers subject to this act to be given to employees, in such manner as the commission shall deem most effective; and the commission shall likewise cause notice to be given of the filing of any withdrawal of such election; but notwithstanding the failure to give, or the insufficiency of, and such notice, knowledge of the fact shall conclusively be imputed to all employees. Sec. 2384-31. The legislature intends the contingency in subdivision (3) of section 2394-1 to be a separate part thereof, and the subdivision likewise separable from the rest of sections 2394-1 to 2394-31, inclusive, and that part of said section 2394-1 that follows subdivision (3) likewise separable from the rest of sections 2394-1 to 2394-31, inclusive; so that any part of said subdivision, or the whole, or that part which follows said subdivision (3), may fail without affecting any other part of sections 2394-1 to 2394–31, inclusive. SEC. 2. This act shall take effect and be in force from and after June 30, 1913. Approved June 26, 1913. WYOMING. CONSTITUTION. ARTICLE 10.-Liability of employers for injuries to employees— SECTION 4 (as amended, 1914). No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extra-hazardous employments, the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Such fund or funds shall be accumulated, paid into the State treasury, and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death. Amendment adopted November 3, 1914. ACTS OF 1915. CHAPTER 124.—Compensation of workmen for injuries. SECTION 1. This act shall be known as the "workmen's compensation law." Title. Compensa. tion payable. clusive. SEC. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous employments, as herein defined, or the dependent families of such as die as the result of such injuries except in case of injuries due solely to the culpable negligence of the injured employee. Said compensation shall be payable from funds in the State treasury to be accumulated and maintained in the manner herein provided. The right of each Remedy exemployee to compensation from such funds shall be in lieu of and shall take the place of any and all rights of action against any employer contributing, as required by law, to such fund in favor of any such person or persons by reason of any such injury or death. Sections 3526, 4291, and 4292, and all other laws or parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this act are hereby repealed, as to the employments, employers, and employees coming within the terms of this act. Same sub SEC. 3. The rights and remedies provided in this act for an employee on account of an injury shall be exclusive of all other ject. rights and remedies of such employee, his personal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions, and provisions of this act for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, compulsory, and obligatory upon both employers and employees coming within the provisions hereof. Extra-haz tions. SEC. 4. The extra-hazardous occupations to which this act is ardous occupa- applicable are as follows: Factories, mills, and workshops where machinery is used; foundries, blast furnaces; mines, oil wells; gas works; natural-gas plants; waterworks; reduction works; breweries; elevators; dredges; smelters; powder works; laundries operated by power; quarries; engineering works; logging; lumbering and sawmill operations; street and interurban railroads not engaged in interstate commerce; buildings being constructed, repaired, moved, or demolished; telephone, telegraph, electric light, or power plants or lines; steam heating or power plants; railroads not engaged in interstate commerce; bridge building and all employments wherein a process requiring the use of any dangerous explosive or inflammable materials is carried on, which is conducted for the purpose of business, trade, or gain, each of which employments is hereby determined to be extra hazardous and in which from the nature, conditions, or means of prosecution of the work therein required risks to the life and limb of the workman engaged therein are inherent, necessary, or substantially unavoidable. This act shall not apply in any case where the injury occurred before this act takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this act shall be saved the remedies now existing therefor. This act shall only apply to the employers by whom five or more workmen have been employed continuously for more than one month at the time of the accident: Provided, That this act shall apply to the employments wherein dangerous explosives are used or where the employment requires the performance of services upon derricks, scaffolding, poles, or other structures ten feet or more above the surface of the ground without regard to the number of workmen employed. Interstate commerce. Definitions. SEC. 5. This act shall not be construed to apply to business or employments which, according to law, are so engaged in interstate commerce as to be not subject to the legislative power of the State, nor to persons injured while they are so engaged. SEC. 6. In this act, unless the context otherwise requires(a) "Factories" mean any premises wherein power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing, or renovating any article for the purpose of trade or gain or the business carried on therein, including expressly any brickyard, meat-packing house, foundry, smelter, ore reduction works, lime-burning plant, stucco plant, steam-heating plant, electric lighting or power plant, including all work in or directly connected with the construction, installation, operation, alteration, removal, or repair of wires, cables, switchboards, or apparatus used for the transmission of electric current, and water-power plant, including towers and standpipes, powder plant, blast furnace, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, salt plant, oil refinery plant, and chemical manufacturing plant. (b) "Workshop" means any yard, plant, premises, room, or place where power-driven machinery is employed and manual labor is exercised by way of trade or gain or otherwise incidental to the process of making, altering, repairing, printing, or ornamenting, finishing, or adapting for sale or otherwise any article or part of article, over which premises, room, or place the employer of the person working therein has the right of access or control. (c) "Mill means any plant, premises, room, or place where machinery is used, any process of machinery, changing, altering, or repairing any article or commodity for sale or otherwise, together with the yards and premises, which are part of the plant, including elevators, warehouses, and bunkers, sawmill, sash factory, or other work in the lumber industry. (d) "Mine means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals, and all underground workings, slopes, drifts, shafts, galleries, wells, and tunnels, and other ways, cuts and openings connected therewith, including |