Bisbee daily review., 1915-07-10
SUPREME COURT GIVES ITS RECOGNITION OF
 COMPENSATION ACT
Holds that Workmen's Right to Settlement Dies With nlm Un- less He Elects Whom Shall Benefit.

beneilt.
 PHOENIX, July 9. - Holding that the remedy under the workman's com pulsory compensation act is personal to the workman and that he alone can make a settlement binding on his personal representative, the supreme court yesterday declared unconstitp- tional the provision of that law at- fording remedy to the injured mans personal representative, heirs or de- pendents in the absence of election by the workman to accept the compensa- tion.
 Action was brought in the superior court of Gila county by Belle Behrin- ger, asking S3O.OOO damages for the death of her husband while employed by the Inspiration Consolidated Cop per company. The suit, it appeared, was brought under the law commonly known as Lord Campbells act, enu- tiled Injuries resulting in death" The company filed a demurrer to the com plaint claiming that the compulsory compensation act was binding, and this was sustained by the lower court
 In it's opinion handed down yester day, the supreme court holds that when a workman dies without making an election as to settlement, as pro vided under the terms of the compul sorry compensation act that his rights .thereunder die with him. His person al representative is then relegated to an action for damages under the Lord Campbell's act or the employers lia- bility act according to the case.
 After reviewing the facts in the case and the constitutional mandate under which the legislature enacted the com pulsory compensation act and the powers of the legislature hereunder. the decision of the supreme court says in part:
 We do not think the legislature possessed the power to enlarge the mandate of Che constitution SO as to authorize the personal representative
 Co impose on his heirs and depend
 ents a remedy made by the constitu-
 tion open to the workmen only~ If
 the workman. prior to his death, should elect to settle for compensa-
 tion and thereafter die, pending the settlement with the employer, the per. | sonal representative doubtless could enforce the contract as he could any other contract of his estate. The rem edy under the constitutional provision for compensation is restricted as we see it, to the workman and the legis- lative power under the mandate is linn tied Go legislation for it's efficient en- forcement by him, or his personal rep resentatiye, in ease he dies after elect ing to accept compensation. Unless there was an election Of this remedy in his life time by the deceased, the personal representative cannot main tain the action for compensation. 1t being condition of the right Go main
 tain such a suit against the employer
 that the employee should himself elect that remedy. It will be seen ] from what we have said that the legis- lature in its attempt to enlarge the | scope of the constitutional mandate lSec. s, Art. 1S) SO as Co afford the remedy therein mentioned to the per sonal representative or heirs or de- pendeuts of the deceased workman in
 the absence of an election by the workman to accept compensation is
 beyond the power and authority of the legislature and is of no avail
 We conclude that the workman's
 compulsory compensation act has no application to the state of facts be-
 fore us as presented by the complain
 ant and that the remedy is personal
 to the workman, he only having the right to elect SO as to make such elec-
 ton binding On him and his personal | representative. The judgement is re- yersed and case remanded with direc-
 tion to oyerrule the defendants de- Imlrer."
 The opinion was signed by Chief
 Justice Ross and Judge Franklin.
 Judge Cunningham wrote a separate opinion in which he neither dissented nor concurred, but held that Behrin-
 gers personal representative has a right of action under the facts stated in the complaint and that the case
 came under Title 23, known as Lord | Campbel's act