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of all classes to be affected by the inauguration of the new system.

Respectfully submitted,

ADDISON C. HARRIS, Chairman,

JOHN T. DYE,

JOHN L. RUPE,

JOSEPH M. RABB,

ANDREW A. ADAMS,

Committee.

EXHIBIT A.

IN THE SENATE OF THE UNITED STATES.
FEBRUARY 20, 1912.

Mr. Sutherland introduced the following bill:

A BILL

To provide an exclusive remedy and compensation for accidental injuries, resulting in disability or death, to employees of common carriers by railroad engaged in interstate or foreign commerce, or in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every common carrier engaged in interstate or foreign commerce by railroad, including commerce between the District of Columbia and a State (hereinafter designated employer), shall pay compensation in the amounts hereinafter specified to any employee who, while employed by such employer in such commerce, sustains personal injury by accident arising out of and in the course of his employment and resulting in his disability, or to the dependents, as hereinafter defined, of such employee in case such injury results in his death.

SEC. 2. That every common carrier by railroad in the District of Columbia (hereinafter designated employer) shall

pay compensation in the amounts hereinafter specified to any employee who sustains personal injury by accident arising out of and in the course of his employment and resulting in his disability, or to the dependents, as hereinafter defined, of such employee in case such injury results in his death.

SEC. 3. That except as provided herein no such employer shall be civilly liable for any personal injury to or death of any such employee resulting from any such accident.

SEC. 4. That the first fourteen calendar days of disability resulting from any injury shall be excluded from the period of time for which compensation is hereinafter specified: Provided, however, That during said fourteen days the employer shall furnish all medical and surgical aid and assistance that may be reasonably required, including hospital services.

SEC. 5. That after the expiration of the fourteen days mentioned in the foregoing section the employer shall continue to furnish such medical and surgical aid and assistance as may be reasonably required, including hospital services, in an amount not exceeding two hundred dollars, unless such employee elects to furnish his own physician or surgeon or care for himself. The compensation hereinafter provided shall be in addition to all such surgical, medical and hospital services as set forth in this and the preceding section.

SEC. 6. That no compensation shall be allowed for the injury or death of an employee where it is proved that his injury or death was occasioned by his willful intention to bring about the injury or death of himself or of another, or that the same resulted from his intoxication while on duty.

SEC. 7. That it shall be the duty of the injured employee, immediately upon the happening of the accident, or as soon thereafter as practicable, and not later than thirty days thereafter, and likewise in case of his death by such accident the duty of one or more of the dependents of an employee, within thirty days thereafter, to give or cause to be given to the employer written notice of the accident causing such injury or death, stating in ordinary language the time, place,

and particulars thereof, the name of the injured or dead employee, his class of service, and the address of the injured employee or person giving the notice: Provided, That where it is made to appear that the party herein required to give such written notice has been prevented from giving it through or by reason of mental or physical incapacity, ignorance of law or of fact, or the fraud or deceit of some other person, or from some other equally good cause, the same may be given after the expiration of said thirty days, but not later than ninety days from the date of the accident or death.

In the absence of such written notice the employer shall not be liable to pay any compensation under this Act unless, in cases where the injury has resulted in the absence from work of the employee for at least two days, and in case of death, it is made to appear that within such period of thirty days such employer had actual knowledge of the injury or death: Provided, That in case of death resulting immediately or within twenty-four hours from the time of the accident notice thereof shall not be required.

No defect or inaccuracy in the written notice herein required shall be deemed material unless the employer shall show that he was prejudiced thereby, and then only to the extent of such prejudice; and such written notice may be substantially in the following form:

"FORM OF NOTICE OF ACCIDENT AND CLAIM.

"To be filled out by an injured employee or by a dependent of deceased employee or by a person acting for either.

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"You are hereby notified that

employee, met with an accident on the

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19—, and claim for compensation is hereby made under the provisions of the Federal accident compensation Act of nineteen hundred and twelve.

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But no variation from this form shall be material if the notice is sufficient to advise the employer that a certain employee by name met with an accident in the course of his employment (stating the nature of such employment) on or about a specified time at or near a certain place which resulted in his disablitiy or death. The notice may be served personally upon the employer, or upon any agent of the employer upon whom a summons may be served in a civil action under the laws of the State or the District of Columbia where the accident occurred, or upon any station agent, or by sending it by registered mail to the employer, addressed to the principal office or to any division superintendent of such employer.

SEC. 8. That it shall be lawful at any time after the expiration of fourteen days from the date of an injury, unless an award or findings shall have previously been made, for the employer and employee to settle by agreement according to the limitations of amount and time in this Act established, the compensation due under this Act, which agreement shall be in writing signed and acknowledged by the parties, and shall specify the compensation, if any, due and unpaid by the employer to the employee up to the date of the agree ment, and, if agreed upon, the amount of the monthly payments thereafter to be made by the employer to the employee, and the time such monthly payments shall continue. In case of death it shall be lawful for the employer and any of the dependents of the deceased employee to settle by agreement in like manner and with the same effect the compensation payable to such dependent under this Act. The periods of compensation provided for permanent total disabilities or for the permanent partial disabilities specifically mentioned in subdivision one, clause (D) of section twenty-one, or for

death, and the provisions of this Act with respect to periodic payments and the percentage which such payments shall bear to the monthly wages shall not be varied by such agreement. Such agreement may be substantially as follows:

"In the matter of the claim of injury received by

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Railroad (or Railway) Company.

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Railroad (or Railway) Company and an employee of said company, injured in its service (or in case of death, -, dependent of deceased, an employee injured in the service of said company), hereby agree to the following adjustment under the Federal accident compensation Act of nineteen hundred and twelve of the liability for injuries (or death resulting from injuries) to

-, received

in the course of and arising out of his employment by said company (or receiver, as the case may be), in interstate (or foreign) commerce (or in the District of Columbia), at

on the -day of 191 (here state the facts generally as to the work in which employee was engaged when injured), the said adjustment being as follows: (Here state the terms of the adjustment, referring to the appropriate sections and subsections of the Act.)

"Of

"(Signed)

Railroad (or Railway) Company,

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"Employee (or dependent of employee)."

Said agreement shall be executed in triplicate, one of which may be retained by the employer, one by the employee or his dependents, and the other shall be filed with the adjuster, as provided in section twelve. Any modification or alteration of said agreement, if made by the parties, shall be in writing and executed and filed in the same manner and with like effect. If the employer shall fail for a period of ten days, after written demand, to make any payment provided

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