H TERRITORIAL LAWS
Tinder this caption will be published
at intervals the new laws promulgat
ed by the hist legislature, together
with such amendments to existing laws
as constitute a vital change in the
meaning.
_ •
WORKMEN’S COMPENSATION
LAW.
CHAPTER 71.
S. B. No. 47.
(Continued from yesterday.))
Election 18. In cases where the em
ployer has deposited a bond as herein
provided and judgment is ehtered In
favor of one or more claimants as here
in provided, such judgment shall he
entered in favor of the claimant or
claimants found entitled thereto, and
shall specify the amount to which each
of such- claimants, if more than one, Is
entitled, and shall lie against the em
ployer and each of the sureties on the
bond so deposited in such a manner
that each and all shall be jointly and
severally liable under said judgment.
In those cases where any one or more
claimants had filed actions which were
dismissed because of the deposit of a
bond as herein provided and such
claimant or claimants shall be adjudg
ed entitled to compensation so as to
entitle him, her or them to costs in
connection with such action under tiie
provisions hereof, and the total amount
of claims allowed plus such costs shall
lie less than six thousand $6,000.00)
dollars, the amount to which any
claimant may be entitled to as such
costs shall be added to the amount to
which such claimant is entitled as
compensation, and included within said
judgment in his favor and against the
employer and the sureties as above
provided. In all other cases separate
judgments shall lie entered against tHe
employer only for the amount of such
costs iii favor of the claimant or claim
mils entitled thereto because of the dis
missal of an action previously brought j
by such claimant or claimants.
Section 19. One or more claimants (
may take an appeal from any jttdg- ,
ment rendered under this act as to such
claimant or claimants, and any cm- (
plover may take an appeal from any 1
such judgment, either in whole or In ,
part, that is to say, as to any one or ,
more of the claimants. Such appeal (
shall lie to the United Slates circuit ,
court of appeals for the Ninth circuit,
and shall lie taken up on writ of error,
sued out and prosecuted as In other '
cases. When, however, an employer
takes an appeal from such judgment
or any part thereof against the allow
ance in favor of any one or more
claimants, and the judgment shall be
aitlrmed as to any such claimant, the J
claimant in whose favor tiie judgment
lias been so alfirmed shall be entitled
to interest at the rate of eight (8 per
cent) per cent on the amount of his
claim calculated from the date of the
Judgment and shall also lie entitled to
costs on appeal.
Section 20. » Whenever two or more
persons claiming to tie beneficiaries of
any deceased employe, whose benefici
aries are entitled to compensation un
der the provisions of this act, tiring
separate actions to recover such com- 5
pensutinn, such actions shall be con
solidated and tried as one action upon
(he application of any party to either '
or any of such actions. 1
Section 21. Actions Tor tiie recovery 1
of compensation due under this act, *
may lie brought, maintained and de- 1
termlned in and by the courts of this f
territory, and when so brought shall 1
be governed by the law of procedure ‘
applicable to other actions for the re- 1
covery of money except as heroin other f
wise expressly provided.
Section 22. No action for the reepv- *
cry of compensation hereunder shall be 1
brought in any court hidden outside '
•of the judicial division in which the 1
Injury occurred, out of which the right 5
to compensation arises except in eases 1
where service cannot lie had on the f
employer in the judicial division where 1
(he injury occurred. Any attempt to 1
bring such action In any court outside
of the territory of Alaska shall'work *
a forfeiture of the right of the plain- f
tiff in such action to compensation un- 1
dor this act.
Section 23. (a) A writ of attach- 1
ment shall be issued by the clerk of the f
court in which such action for the re- *
covery of compensation under this act ‘
is pending, or by the United Slates 1
commissioner in actions pending in th® '
court of such commissioner. Whenever 1
the plaintiff or anyone in his behalf ’
shall make and file an affidavit show- 1
ing that he or she is entitled to recover
compensation from the defendant, un- 1
der the provisions of this act. such
affidavit must show all the facts neees- 1
vary to bring the plaintiff within the 1
provisions of this act. and must further
set up all the facts necessary to show 1
that a course of action exists in favor 1
of the plaintiff and against thp defen
dant for the amount sued for and for
which the attachment is sought under
the provisions of tills act.
(b) Upon filing such affidavit in
actions pending as aforesaid with the
clerk of the court, or, the commission
er, in actions pending in the court of
such commissioner, the plaintiff shall
be entitled to have a writ of attach
ment issued without filing any bond
or other security; such writ shall be
directed to the marshal and shall in
all respects conform to writs of attach
ment in other eases and shall lie is
sued, served, executed and returned in
the same manner that writs of attach
ment in other eases are now issued,
served, executed and returned.
(e) The defendant may, however,
hie a written undertaking in-any pend
ing cause for the benefit of the plain
tiff In an amount equal to double the
amount sued for, executed by two or
more sufficient sureties, to lie approv
ed by the judge or commissioner in
whose court the action is pending and
conditioned that the defendant will pay
any judgment that may lie awarded
against such defendant in the action.
No writ of attachment shall issue after
such undertaking has been filed by the
defendant, and if such undertaking
shall lie filed after tire writ has been
issued, such writ shall lie quashed and
if property hits been attached under
[such writ at the time of the filing of
such undertaking, such attachment
shall tip dissolved and set aside and
the property attached returned to the
defendant.
Section 2t. The employee shall, af
ter an Injury at reasonable times dur
ing the continuance of his or her dis
ability, if so requested by his or her
employer, submit himself or herself to
an examination h.v a physician or sur
geon authorized to practice medicine
under the laws of the territory of Al
aska, furnish and paid for l»y the cm- 1
ployer. The employee shall have the
right to have a physician, provided and
paid for by himself or herself, present
at such examination or examinations.
.If any employee refuses to submit
himself or herself to any such examin
ation or examinations provided for in
tills act, or in any way obstructs any
such examination or examinations, his
or her rights to compensation shall It
suspended, and his or her compensa
tion, during such period of suspension,
may, in the discretion of the Jury or
court determining an action brought
for tlie recovery of compensation under
this act, be forfeited.
Section 2!>. No agreement by .in em |
ployee to waive Ids or her rights to
compensation under this act shall In
valid, except ns herein elsewhere pro
vided, and no employer or employee
shall exempt himself herself or itself,
except in the manner herein elsewhere i
provided, from the burden, or waive til.' i
benefits of this act, by any contract, ;
agreement, rule, regulation or device
and any such contract, agreement, rule,
regulation or device shall lie absolutely
void.
Section 2G. Any and all claims for
compensation under this act shall be
barred unless an action for the reco
ery of the same shall be commenced
within two years after the cause of
action shall have accrued, or, in the
event of mental Incapacity, within two
years after the removal of such men
tal incapacity.
Section 27. Where the Injury for
which compensation is payable under
this act, was caused under eireum
istances creating a legal liability In
someone other than the employer to
pay damages in respect thereof, the
employee may take proceedings both
against the one so liable to recover
damages and against any one liable to
pay compensation under this act, but
shall not be entitled to receive both
damages and compensation. And If
the employee has been paid compensa
tion under this act, the employer by
Whom the compensation Was paid, shall
be entitled to indemnity from the per
son, firm or corporation so liable to
pay damages ns aforesaid, and to the
extent of such Indemnity shall be sub
rogated to the rights of the employe to
recover damnges therefor.
Section 28. When five or more em
ployees, as defined by this act, are
employed in the same general employ
ment In connection with mining opera
tions carried on in this territory, and
in the usual and ordinary conduct of
such operations, It shall be presumed
that the employer, ns defined by this
act, has elected to pay compensation
according to terms, conditions and pro
visions of this act to such employes as
may sustain personal Injury arising
out of and in the course of the employ
ment, and in such case the employer
shall be relieved from liability for n
recovery of damages or other compen
sation for such personal injuries un
less by the terms of this act otherwise
provided.
Section 29. If such employer, exer
cise the right to reject the terms, con
ditions, and provisions of this act, in
the manor and form by this act pro
vided, such employer shall not escape
liability for personal injury sustained
by an employe of such employer when
the Injury sustained arises out of and
I
In the usual course of the employment
because.
! (1) The employee assumed the risks
| inherent to or incidental to or arts
ling out of his or her employment; or,
I the risks arising from the failure of
the employer to provide and maintain
a reasonably safe place to work, or the
risks arising from the failure of the
employer to furnish reasonably safe
tools or appliances, or because the em
ployer exercised reasonable care in
selecting reasonably competent em
ployes in the business;
(2) That the injury was caused by
the negligence of a eo-employe;
(3) That he employe was negligent,
unless and except it shall appear that
such negligence was wilful and with
intent to cause the injury; or the result
of intoxication on the part of the injur
ed party:
(4) In actions by an employe against
an employer for personal injury sus
tained arising out of and in the course
of the employment where the employer
has elected to reject the provisions of
tills act, it shall lie presumed that the
injury to the employe was the first re
sult and growing out of the negligence
I
of the employer; and that such negli
gence was the proximate cause of the
^ Injury; and in such case the burden
of proof shall rest upon the employer
i io rebut the presumption of negligence.
(To he continued.)
--
The Nuggey will print vour statio ■
ery at reasonable prlcsi on short
notice.
Professional Cards
IRVING M. REED,
U. S. MINERAL SURVEYOR,
Residence Seiffert Flats.
MEETING NOTICE.
THE NOME BARTENDER’S UNION
Local 8CS. U. I. L. of A. (Affiliated
with the A. F. of L.) meets every first
Sunday In each month it 11 a. m.
AL. NICHOLSON, T’res.
S.S.VIC ORIA
SAILINGS FOR SEASON 1915.
LEAVES SEATTLE:
JULY 24TH.
AUGUST 23RD.
SEPTEMBER 20TH.
OCTOBER 18TH.
LEAVES NOME:
AUGUST 5TH.
SEPTEMBER 4TH.
OCTOBER 1ST.
OCTOBER 28TH.
I TOURIST STEAMER VICTORIA.
Victoria sailing from Nome July 8th, and August 5th, will call at
Unalaska, weather permitting such a call, thence along the southern
shores of the Alaska Peninsula to Seward, Valdez, stopping at the
Columbia Glacier, then to Cordova, remaining long enough for the
passengers to make the trip over the Copper River & Northwestern
Railroad to the Miles and Childs Glaciers leaving Cordova she will
cross the Gulf of Alaska, through the Icy Straits,, and Lynn Canal
to Skagway, thence to Seattle through the world famous “Inside
passage" visiting en route Juneau, Treadwell, Taku Glacier and
Ketehikan.
Sailing dates of Freight Steamers from Seattle calling at Nome, j
EDITH, JULY 15.
CORDOVA, AUGUST 15TH. LA TOUCHE. AUGUST 15TH j
Alaska S. S. Co.
R. A. CARROLL, Agent.
...1 ■- "" ' i 1 1 .. — " 1 -
'
*
i
■ . : • . •' , ' - ■ •. V, • * - •
t
!
CHAS. L. ROSS j
Par all kinds ef
* LIMBER
i , j
i ,
Carpenter, Builder, Contractor
B Street Phona Black 162
(
f BOSTON
STEAM LAUNDRV :
----n
N
J Phono Main 63. m
" H
- X
IX ‘
Have your laundry done up at p
the up-to-dato laundry. Rougrt ►
dry work our specialty. Qive ua ►
a trial and be convinood. x
H
Prompt Dolivary
_ M
XXXXXXXXX-XXXXXXXXXXXXXXX'*
j AUGUSTINE S HER
! VICTORIA CHOCOLATES \
\ BUTTER CRISP \
\ CHOCOLATE DELICIEUX \
ROSE j
I Candy Store :
Ice Cream and Sj>da Water. j
lamimmxnmwtgj
j Horseshoe
j Geu. Hall At Albert Hartman, [
Proprietors. '
PHONE MAIN 112 '
1 t
LEWIS HUNTER RYE AND \ I
J ATHERTON BOURBON \ \
Direct from Bonded Warehouse
»l RAINIER DRAUGHT BEER "
l ;
I f meet Brands of Wines. Liquors \ '
>' and Cigars. j {
P^ccsgasgxxgiasgBcaaaci °i
*44**f »• I » I I » II I II II !■»***+
ii FURS FURS FURS I
:: i
.. WE HAVE ON HAND A f
|l | FINE SELECTION OF PRIME 4
' > T
; J FURS. YOU KNOW HOW 4
; ' LOW PRICES ARE. GET Z
!! THEM NOW AT THE
| BESSIE STORE f
I TROJAN POWDER j
Non Freezing No Thawing J*
Fumeless No Headaches ]►
No Nitroglyeerin Easily Stored <[
ZENITH SHOVELS !>
DARLING & DEAN j!
COMPANY
i Cbe ||
| ttevada j
AAAAAAAAhAAhAAAAA^AV^V/
THE NOME I
Garage
CARS CLEANED, OILED AND
REPAIRED
General Bench Work Done \
AUTO FOR HIRE. j
R. R. MORRISON
Proprietor. ■,*
j ELITE HOTEL AND BATHS j
Steam Heated. Electric Lighted. The best service assured guests. I
The best hotel to stop at while in town.
STEAM AND SHOWER BATHS IN CONNECTION.
Moonlight water used throughout. Open all night
COR. FRONT AND B STREETS. J. M. MONAHAN, Prop.
BARBER SHOP with 2 chairs and other fixtures for rent at the j
ELITE BATHS.
i i..■in ■ iggnaasiujiu iMUia^iraiCMM»Kmcam»sBCS'srti^!2r.irsss=SLa->v
CHEAP JOHN STORE
Raseivad on ataamahip Tampioa a cemplata lina of Tanta. all sizas,
Mining Hasa, 10 inch, 12 inch, 16 ineh, and all aizas of Tarpaulins.
Before buying sap m# firat. PricaB raaaanabla.
L. SEIDENVERG. Prop. |
%