tinder Hi is caption will he published
at intervals the new laws promulgat
ed by the last 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.))
Section 20. Every such employer
shall he conclusively presumed to have
elected to pay compensation to em
ployes for Injuries sustained arising
out of and In the course of the em
ployment according to the provisions of
tIlls act unless and until notice in writ
ing of an election to the contrary shall
have been given to the employe by re
cording said notice with the United
States commissioner in whose precinct
the employer’s operations are carried
on, and if such operations are carried
on in more than one precinct, then
such notice shall tie recorded in (he
offlceof tlie Commisisoner for each pre
cinct in which the same are being
conducted, and the notice to reject
shall lie recorded by the Commissioner,
who shall he paid a foe of one and
one-half dollars therefor, and such no
tice when so recorded shall lie and be
come a public record. Such recorded
notice shall he substantially in the fol
lowing form, and the signature shall
he witnessed by two witnesses;
EMPLOYER’S NOTICE TO REJECT.
To the employees of the undersigned:
You and each of you are hereby
notified that the undersigned rejects
Ilie terms, conditions, and provisions
to pay compensation to employees of
Ilie undersigned for Injuries received
as provided in the Act of the Legisla
ture of the Territory of Alaska, known
as "An Act relating to the measure
and recovery of compensation of in
jured employees in the mining indus
try of this Territory, and the compen
sation to designated beneficiaries
where such injuries result in death, i
defining and regulating Ilie liability
of employers to their employees in ;
connection with such industry, and re
pealing all acts and parts of acts In
conflict with lids Act,” and that the
undersigned employer elects to pay
damages for personal injuries of such
employees under the common laws and
statutes of Iliis Territory, modified by
(he provisions of the Act above re- |
ferrod to and the other laws of the
Territory of Alaska.
(Signed) .s-.'.
Witnesses:
Section 31. The notice so recorded
shall apply to the employees subse
quently employed by the employer with
the same fullness and effect and to the
same extent and In like manner as .
employees in the cm ploy at the time
the notice was recorded, except as
herein provided.
Section 32. Whore the employer and ■
employee have not given notice of an
election to reject the terms of this Act,
(his Act shall constitute a part of
every contract of hire, express or im
plied, and the same shall he construed
ns nn agreement on the part of the
employer to pay, and on the part of the
employee to accept compensation in
the manner as l>y this Act provided for
all personal Injuries sustained, arising
out of and iy the course of the em
ployment.
Section 33. All employees affected
l,y this Act shall he conclusively pre
* Slimed to have elected to take com
pensation In accordance with the terms
conditions and provisions of this Act
until notice in writing shall have been
served upon the employer, or his agent
in person, and shall also have been
recorded in the office of the Commis
sioner for the precinct In which the
mining operations of the employer, in
connection with which (he employee
is employed, are conducted, and If such
operations are carried on in more than
one precinct then the same shall he
recorded in the precinct wherein the
employer's principal place of business
In the Territory is situate, and the
Commissioner shall record the same
and shall receive a fee of one dollar
and fifty cents therefor, anil the same
shall he and become a public record.
Sucli notice shall be accompanied with
an affidavit thereon showing the date
upon which the same was served upon
the employer.
<h) In the event that such employee
elects to reject the terms, conditions
and provisions of this Act, the rights
and remedies thereof shall not apply
where an employee brings an action
nr takes proceedings to recover dam
ages or compensation for injuries re
ceived growing out of and In the course
of his or her employment, except as
otherwise provided by this Act; and in
such notions where the employee has
rejected the terms of this Act, the em
ployer shall have the right to plead
and rely upon any and all defenses In
cluding those nt common law, and the
rules and defenses of contributory
negligence, assumption of risk anil fel
low servant shall apply and be avail
able to the employer unless otherwise
provided in this Act; Provided, how
ever, that if an employee sustains an
Injury as the result of the employer's
failure to furnish or fails to exercise
reasonable care to keep or maintain
any safety device required by statute,
or violates any of the statutory pro
visions or rules *und regulations now
or hereafter in force relating to safety
of employees, the doctrine of assumed
risk in such case growing out of the
negligence of the employer shall not
apply or bp available as defensive mat
ter to such offending party. The no
tice required to lip given by an em
ployee shall lie substantially in the
following form:
KMl’LOYRR'S NOTIOR TO RR.IRPT.
To.(giving name of employer)
You are hereby notified that the un
dersigned elects to reject tlie terms,
conditions and provisions of an Act
for the payment of compensation as
provided by an Act of the Territorial
Legislature of the Territory of Alaska,
entitled “An Act relating to the meas
ure and recovery of compensation of
injured employees in the mining in
dustry of this Territory, and the com
pensation to designated beneficiaries
where such injuries result in death,
defining and regulating the liability of
employers to their employees in con
nection with such industry, and re
pealing t.ll acts and parts of acts :'t
conflict with this Act," and acts
amendatory thereto, and elects to rely
upon the common law, as modified by
the provisions of the Act last above
referred to, for the right to recover
for personal injury, which I may re
ceive, If any, growing out of and aris
ing from the employment' while in line
of duty for my employer above named
Dated this. .. .day of.
(Signed) .
United States of America, Terlrlory of
Alaska, ss.
The undersigned being first duly
sworn deposes and says: That the
above and foregoing written notice
was on the ... .day of.
served on the within named employer
of tin* undersigned by delivering- In
(here give name of the employer
his agent) a true, eorreet and verbatim |
oopy thereof.
(Signed) .
Suhserltied and sworn to before in •
this .day of.
.i
Notary Public for Alaska. .
My commission expires .!
Section 34. Where llie employer or
employee has given notice In compli
ance with this Act electing to reject!
the terms thereof, such election shall
be for one year from the date of be
coming effective, and unless renewed
within thlily days before the expira
tion of one year, as herein provided,
it shall be conclusively presumed that
such party has elected to waive the re
jection made and come under the pro
visions of this Act to pay or accept,
as the case may he, the compensation
here provided, until the contrary is
shown by the service of notice anew,
electing to reject the provisions of this
Act as herein provided.
Section 3!i. Where an employer or
employee rejects the#terms, conditions
or provisions of this Act, such party
may at any time thereafter elect to
waive the same by giving notice in writ
ing in the same manner required of
the party in electing to reject the pro
visions of this Act, and which shall
become effective, and be recorded with
the Commissioner or Commissioners,
in like manner that said notice to re
ject is required to be recorded.
Section 36. Where the employer and
employee shall elect to reject the terms
conditions and provisions of this Act,
the liability of the employer shall be
the same as though the employee had
not rejected the terms and conditions
thereof and the employer had rejected
the same.
Section 37. No claim for compen
sation due under this Act shall be as
signable, and all compensation due
hereunder shall be exempt from execu
tion.
Section 38. Whenever the term '‘em
ployer" is used in this Act, reference
is had to any person or persons, part
nership, joint stock company, asso
ciation or corporation employing live
or more employees in connection with
mining operations carried on In this
Territory. And whenever the term
“employee” is used In this Act, refer?
cnee is had to an employee employed
by an employer as above defined.
Section 39. The phrase “mining op
erations” whenever used In this Act,
shall be held to include nil work In
connection with underground workings
underground mines, open cut working,
surface working, stamp mills, roller
mills, chlorination processes, cyanide
processes, coke ovens, all reduction
work of any kind or character, and all
work performed on or for the benefit
of any mine, mining claim, or claims,
whether quartz or placer, and the
phrase shall be held to include devel
opment and construction work, as well
as work carried on in connection with
actual mining or milling.
Section 40. The term "beneficiary"
as used in this Act refers to any per
son entitled to compensation tinder the
provisions hereof.
Section 4 1. The masculine gender
whenever used herein shall be held to
Include the feminine and neuter.
Section 42. If the court, before whom
any proceedings are brought under this
Act determines that such proceedings
have been brought, prosecuted or de
fended without reasonable ground, it
may assert the whole cost of the pro
ceedings upon the party who has so
brought, prosecuted or defended them.
Section 43. All laws and acts In
conflict with this Ad arc hereby re
pealed to the extent that the same
conflict herewith.
Approved, April 2ft, 1910.
I lie Alaska fluid licit Company, op
erating on the upper end of Sheep
creek, near Juneau, recently awarded
a contract for 2,000 feet of tunnel. If.
bids were made on the work.
.Judgment amounting to $100 and the
costs was given to Harvey and Co. by
the Commissioner at McCarthy against
the Copper River and Northwestern
railroad. The case was for damages
baaed on a mistake in sending a mes
sage over tlie telephone system.
Chickens 50c per pounj; also soma
nice fryers. Eggs 75c per dozen. Geo.
Prosser *>han» Black 5.
Professional Cards
IRVINC M. REED,
U. S. MINERAL SURVEYOR,
Residence Seiffert Flats.
MEETING NOTICE.
THE NOME BARTENDER’S UNION
Local 80S, B. I. L. of A. (Affiliated
with the A. K. of L.) meets every first
Sunday in each month xc 11 a. m.
A I,. NICHOLSON, Pres.
sXviCTORIA
SAILINGS FOR SEASON 1915.
LEAVES SEATTLE:
JULY 24TH.
AUGUST 23RD.
SEPTEMBER 20TH.
OCTOBER 18TH.
LEAVES NOME:
AUGUST 5TH.
SEPTEMBER 4TH.
OCTOBER 1ST.
OCTOBER 28TH.
TOURIST STEAMER VICTORIA.
« > '
Victoria sailing from Nome July Sth, 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
Ketchikan.
Sailing dates of Freight Steamers from Seattle calling at Nome.
EDITH, JULY 15.
CORDOVA, AUGUST 15TH. LA TOUCHE, AUGUST 15TH \
R. A. CARROLL, Agent. 5
__
it
SEE |
j U1AS. L. ROSS j
Far all kind* of
' '
i LIMBER
Carpenter, Builder, Contractor
B Street Phone Black 162
xxxxxxxxxxxxxxtixxxxxixxxr
\ BOSTON |
j STEAM LAUNDRY
M G
X M
X Phone Main S3. y
X L
S — 3
x Have your laundry dona up at Q
" the up-to-date laundry. Rougn H
[J dry work our apecialty. Oiv# ue N
M a trial and ba convinced. H
2 M
n Prompt Delivery £
*
xxxxxxxxx^xxxxxxxxxxxxxxx^:
an.L'.'.ttLiunmtu'migi
| AUGUSTINE 8 KTER S
! VICTORIA CHOCOLATES [
BUTTER CRISP \
J CHOCOLATE DELICIEUX J
ROSE |
j Candy Store j
r Ice Cream and Soda Water. \ ! ■
I Horseshoe
Geo. Hall & Albert Hartman, J
Proprietore.
PHONE MAIN 112
LEWIS HUNTER RYE AND ! I
ATHERTON BOURBON
Direct from Bonded Warehouse
RAINIER DRAUGHT BEER ! I
r ; j
pt t inubt Brands of Winai, Liquors ,
and Cigars. J j
l&L j!
V I- H"l' Ht K-t
J FURS FURS FURS i;
!! WE HAVE ON HAND A "
::
,, FINE SELECTION OF PRIME <■
;; furs, you know how !!
■ ’ LOW PRICES ARE. GET \ \
' ' <i
, , THEM NOW AT THE ; ;
I! BESSIE STORE Ij
« llllillllllllifiiiniMii’
AAAAAAAAAAAAAAAAAA^AAAA^
I TROJAN POWDER |
Non Freeaing No Thawing ,'
Fumeliu No Headaches ]>
No Nitroglycerin Easily Stored <[
ZENITH SHOVELS
DARLING & DEAN ij
COMPANY
^AAAAAAAAAMAAAAAAAA^Wv
5 THE NOME
Garage
CARS CLEANED, OILED AND ;
REPAIRED
General Bench Work Done i
AUTO FOR HIRE. ;
R. R. MORRISON
Proprietor. 9
! ELITE HOTEL AND BATHS
1 Steam Heated. Electric Lighted. The beet service assured guests.
The best hotel to stop at while in town.
STEAM AND SHOWER OATHS 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
ELITE BATHS.
Gk lobby 1
THE LARGEST STOCK OF
IMPORTED WINES LIQUORS & CIGARS
8cetch Whiskey, a specially 01 Curie, 20 years eld, Wnv IV, Huig
Haig ***** Perfection Johnn e Walker, Mertach, Black end White,
Dewar's 8pecial, Seattle's Best Beer White and Gold. Smoke M. and
W. Cigars. Ths bast in the market.
Phone Main 49 • J. D. JOURDEN, Prop.
CHEAP JOHN STORE
Received on steamship Tampics a complete line of Tents, all sires,
Mining Hose, 10 inch, 12 inoh. 16 inch, and all sizes of Tarpaulins.
Before buying sea mp first. Pricss reassnabls.
I L. SEIDENVERG, Prop. |