Mohave County miner., 1912-09-28
That Compensation Act.

pulSory Compensation laW," Joker, that they believe vitiates the act and refer to section l4 in support of the contention. In quoting this section each and every one of the newspapers take but part of the section, leaving out the real meat of that section of the law.We quote the section in full:
 "Sec. l4.-This act shall take effect on the first day of September, 1912; and ten days from and thereafter, it shall be taken and held In law that all workmen then in the employ and all workmen afterwards employed by an employer at manual and mechanical labor of the kinds defined in Sec. of this act, are employed and working under this act, and the employer and workmen shall alike be bound by and shall have each and every benefit as if mutual contract to that effect were entered into between the employer and the workman at any time before the happening of the accident. TT SHALL BE LAWFUL. HOWEVER, FOR THE EMPLOYER OR WORK MAN TO DISAFFIRM AN EMPLOY. MENT UNDER THE PROVISIONS OF HIS ACT BY WRITTEN CON. TRACT BETWEEN THEM, OR BY WRITTEN NOTICE BY ONE TO, AND SERVED UPON, THE OTHER TO THAT EFFECT BEFORE THE DAY OF THE ACCIDENT"
 The quotation in caps is what the newspapers refer to as the joker that fully exempts the employer from lia- bility. but they fail to quote the balance of the section, which reads as follows:
 PROVIDED, such written contract does not provide for less compensation than as (is) provided in this act. And in the absence of such written contract or written notice, served as above pro, vided, it shall be taken and held that the employment and service is under this act: and the same shall be the sole measure of their respective rights and liabilities when and as provided in this act;
 PROVIDED, if after the accident, either the employer or the workman shall refuse to make or accept com. pensation under this act or to proceed under or rely upon the provisions hereof for relief, then the other may pursue his remedy or make his defense under other or existing statutes, the State Constitution, or the common law, except as herein provided, as his rights may at the time exist. Any suit brought by the workman for a re- covery shall be held as an election to pursue such remedy exclusively"
 It will be noted that no such mean ing is, or can be, given to the statute as whole, as that sought to be given by the newspaper quotation, the pro- vision following the body of the act simply qualifying the manner in which recovery may be made and the line of otfense or defense should a suit be brought for recovery. The act pro- vides for flat rate of 4,OOO$ for the death of an employee or for injuries that may result in total incapacity, and the employee may go outside of the act, so that he may recover greater amount where gross negli- gence of the employer may be proven. No disclaimer by the employer can devest him of liability, because the act is a cumulative one, an act of the first session of the legislature absolute ly prohibiting and making void any attempt to evade liability.
 Sec. s, of the act of the first legis- lature reads as follows:
 That any contract, rule, regula- ton, or device whatsoever, the pur. pose and intent of which shall be to enable any employer to exempt him. self from any liability created by this act, shall to that extent be void: pro. vided. that in any action brought against any such employer under or by virtue of any of the provisions of this act, such employer may set off therein any sum it has contributed or paid to any insurance. relief benefit, or in- demnity or that may have paid to the