MICHIGAN ACADEMY OF SCIENCE. 
155 
of persons and bestows it upon another. Nor does it violate the con- 
stitutional guarantee of the equal protection of the law to all persons. 
Objections are raised to the classification of trades because the laws 
in many cases cover all trades and are not limited to hazardous ones. 
This cannot be a. valid objection, because all trades in which accidents 
may occur are hazardous in some degree. Furthermore, the fact that 
employers dealing with less than three workmen are in some states ex- 
empt is defensible on the grounds that the dangers and means of avoid- 
ance under such circumstances are comparatively easy. 
Another attack upon the Washington law is that it violates the pro- 
visions of the constitution which aim to secure uniform taxation for 
public purposes. The court denies the term tax as applicable to the 
provisions of this law. It does not involve a contribution to the govern- 
ment to meet the expenses of government, but is to recompense em- 
ployes. It is a condition imposed upon owners for the privilege of 
carrying on business and is therefore in the nature of a license tax, im- 
posed for revenue and regulation. As such it is not hostile either to the 
state or Federal constitutions. 
Finally, these laws are assailed because they deprive the individual of 
his constitutional right to a, trial by jury in case of adjustment for in- 
jury. The validity of this charge may be questioned for the following 
reasons, (a) The right to trial by jury is competent only when, under 
legislation provision, the individual is entitled to bring action for dam- 
ages. These laws have removed the cause of action on the one hand 
and the ground of defense on the other and merged both in a. statutory 
indemnity, fixed and certain. If under the police power the cause for 
action may be removed, their right to jury trial, being incident to the 
right of action, is left without anything upon which to operate. 
(b) In many laws this right is presumed by allowing an appeal from 
the administrative board, or if not, then the board lias conferred upon 
it the quasi-judicial power to determine facts. This is similar to the 
power of Boards of Health, etc. In case said board exceeds its powers 
or is guilty of fraud or abuse of its power, then appeal may be taken 
to the proper courts and the rights of the individuals concerned may 
be safeguarded by the acceptable constitutional method. 
Michigan Agricultural College. E. H. RYDER. 
