Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 28
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STATUTES RELATING TO MINING OPERATIONS.
CONSTRUCTION, VALIDITY, AND EFFECT.
CONSTITUTIONALITY OF ARIZONA EMPLOYER'S LIABILITY ACT.
The employer's liability act of Arizona (Civil Code, 1913) is not
invalid as in violation of article 18 of the State constitution. Sec-
tion 7 of this article commands the legislature to enact an employer's
liability act by which any employer shall be liable for the death or
injury of employees in the hazardous occupations named whenever
such death or injury is caused by any accident due to the conditions
of the occupation, unless it has been caused by the negligence of
the employee himself. If the injury or death was caused by the
contributory negligence of the employee, the liability of the em-
ployer remains to the amount of the full damages less the amount
of damages attributable to the employee's negligence, and in such
case the damages are to be apportioned to employer and employee
as the negligence attributable to the one is to the negligence attribu-
table to the other. The statute in this case is in full harmony with
the constitutional mandate and with its restrictions.
Superior & Pittsburgh Copper Co. v. Tomaich (Arizona), 165 Pacific 1101, p. 1103.
VALIDITY-AMOUNT OF RECOVERY UNLIMITED.
The workmen's compensation act of Arizona is not invalid because
it fails to limit the amount that may be recovered by an injured em-
ployee. The constitution of Arizona (art. 2, sec. 31) expressly
provides that no law shall be enacted limiting the amount of damages
to be recovered for causing the death or injury of any person. A
statute attempting to limit the amount recoverable for personal
injuries would be in direct conflict with this plain provision of the
constitution. However, a distinction must be made between stat-
utes which provide a limited amount in satisfaction of damages
and leave to the parties interested the right to elect to abide by
their provisions, and must not be confused with statutes imperative
in their terms.
Inspiration Consolidated Copper Co. v. Mendez (Arizona), 166 Pacific 278, p. 284.
VALIDITY OF ARIZONA EMPLOYER'S LIABILITY ACT-POLICE POWERS.
The employer's liability act of Arizona (Civil Code, 1913) is valid
and within the police powers of the State and does not conflict
with the fourteenth amendment of the Constitution of the United
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/42/: accessed March 1, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.