NOT

FOR
LOAN
MEASURES

With Arguments Respecting the Same

To be submitted to the Electors of the State of Oregon at the

Special Election on

TUESDAY, NOVEMBER 4, 1913

PUBLISHED BY AUTHORITY

BEN W. OLCOTT
Secretary of State

State University Building Repair Fund 2

Affirmative Arguments 4-12
University of Oregon New Building Appropriation 3
Affirmative Arguments 4-12
Sterilization Act 13-14
County Attorney Act 15-16
Workmen's Compensation Act 17-31
2 PAMPHLET CONTAINING MEASURES TO BE

(On Official Ballot, Nos. 300 and 301)

A MEASURE
To appropriate money for the purpose of making additional repairs
and improvements to the buildings and heating plant of the Uni-
versity of Oregon, filed in the office of the Secretary of State
February 26, 1913, to be submitted to the legal electors of the
State of Oregon for their approval 01' rejection at the SPECIAL
ELECTION to be held NOVEMBER 4, 1913, upon petition for
referendulll filed in the office of the Secretary of State May 29, 1913,
in accordance with the provisions of Section 1 of Article IV of the
Constitution of the State of Oregon.
The following is the forlll and number in which the measure will be
pl'inted on the official ballot:

REFERENDUM ORDERED BY PETITION OF THE PEOPLE

STATE UNIVERSITY BUILDING REPAIR FUND - Referred by

authority of Mr. H. J. Parkison, as Secretary, Oregon Higher Edu-
cational Institutions Betterment League, No. 409 Oregonian Build-
ing, Portland, Oregon. Its purpose is to provide funds for repairs
and additions to the State University Buildings, as follows: Library
Building, thirty thousand dollars; Engineering Building, fifteen
thousand dollars; Deady Hall, ten thousand dollars; Heating Plant,
ten thousand dollars. Vote YES or NO

300. Yes.
301. No.

AN ACT book stacks, thirty thousand dollars

(H. B. 289)
Entitled, "An act to appropriate money
for the purpose of making additional
repairs and improvements to the
buildings and heating plant of the
University of Oregon."
Be it enacted by the People of the
State of Oregon:
Section 1. That the sum of seventy-
five thousand dollars ($75,000), in ad-
dition to that provi<'led by law be and
the same is hereby appropriated out of
the general fund in the treasury of
the State of Oregon, for the years 1913
and 1914, for the purpose of providing
the necessary funds for the use of the
University of Oregon for the said years
for the following purposes:
For the construction of an addition
to the Library Building, including steel
($30,000).
For repairs, improvements and ad-
ditions to the Men's Dormitory Build-
ing, the sum of ten thousand dollars
($10,000).
For repairs and addition to the
Engineering Building, the sum of fif-
teen thousand dollars ($15,000).
For repairs and improvements to the
building known as Deady Hall, the sum
of ten thousand dollars ($10,000).
For extension and repairs to the
Heating Plant, the sum of ten thousand
dollars ($10,000).
Section 2. The moneys hereby ap-
propriated shall be paid only on the
warrants drawn by the Secretary of
State on the State Treasurer.
Filed in the office of the Secretary
of State February 26, 1913.
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 3
----_. __..._-----_._.-
(On Official Banot, Nos. 302 and 303)
A MEASURE
To appropriate money for the purpose of constrllcting an additional
building for the University of Oregon, filed in the office of the
Secretary of State, February 26, 1913, to be submitted to the legal
electors of the St;'te of Oregon for their approval or rejection at
the SPECIAL ELECTION to be held NOVEMBER 4, 1913, upon
petition for referendum filed in the office of the Secretary of State
1\<lay 29, 1913, in accordance with the provisions of Section 1 of
Article IV of the Constitution of the State of Oregon.

The fonowing is the form and number in which the measure will be
printed on the official ballot:

REFERENDU1\<1 ORDERED BY PETITION OF THE PEOPLE

UNIVERSITY OF OREGON NEW BUILDING APPROPRIATION-Re-

ferred by authority of 1\<11'. H. J. Parkison, as Secretary, Oregon
Higher Educational Institutions Betterment League, No. 409 Ore-
gonian Building, Portland, Oregon. Its purpose is to provide funds
to construct, equip and furnish a modern fire-proof administration
and class-room building, and to extend the heating plant to the
same. The amount appropriated therefor is one hundred thousand
dollars ($100,000). Vote YES 01' NO

302.: Yes.

303. No.

AN ACT pose of providing the necessary funds

(H. B. 287)
To appropriate money for the purpose
of constructing an additional bUild-
ing for the University of Oregon.
Be it enacted by the People of the
State of Oregon:
Section 1. That the sum of one
hundred thousand dollars ($100,000)
be and the same is .he 1eby appropri-
ated out of the general fund in the
treasury of the State of Oregon, for
the years 1913 and 1914, for the pur-
for the use of the University of Ore-
gon for the construction, equipment and
furnishing of a modern, fire-proof ad-
ministration and class-room building,
and the extension of the heating plant
to the same.
Section 2. The moneys hereby ap-
propriated shall be paid only on the
warrants drawn by the Secretary of
State on the State Treasurer.
Filed in the office of the Secretary
of State February 26, 1913.
4 PAMPHLET CONTAINING MEASURES TO BE

Official Ballots Nos. 300-301 and 302-303.

ARGUMENT (AffiJ.;mative)

Submitted by the Board of Regents of the University of, Oregon, the

University of Oregon Alumni Association, and 'the People's Higher
Education League, favoring the meaSUl'es designated on the official
ballot as follows:

REFERENDUM ORDERED BY PETITION OF THE PEOPLE

STATE UNIVERSITY BUILDING REPAIR FUND-Referred by author-

ity of Mr. H. J. Parkison, as SecI'etary, Oregon Higher Educational
Institutions Betterment League, No.' 409 Oregonian Building, Port-
land, Oregon. Its purpose is to provide funds for repairs and
additions to the State University Buildings, as follows: Library
Building, thirty thousand dollal's; Engineering Building, fifteen
thousand dollars; Deady Hall, teli thousand dollars; Heating Plant,
ten thousand dollars. Vote YES 'or NO

300. Yes.

301. No.

UNIVERSITY OF OREGON NEW BUIIJDING APPROPRIATION-Re-

ferred by authority of Mr. H. J. 'Parkison, as Secretal'y, Oregon
Higher E{lucatiolUtl Institutions Betterment League, No. 409 Ore-
gonian Building, Portland, Oregon. Its purpose is to provide funds
to construct, equip and furnish a modern fil'e-proof administration
and class-room building, and to extend the heating plant to the
same. The amount appropl'iated therefor is one hundred thousand
dollars ($100,000). Vote YES 01' NO

302. Yes.

303. No.

Statement of Board of Regents. guardians of this State educational in-

To the People of the State of Oregon:
Inasmuch as a referendum has been
called on the building and betterment
fund granted the University of Oregon
by the last legislature, and the people
are now asked to decide whether or not
the money shall be available, we, the
members of the Board of Regents of
the University, feel it our duty as
stitution to make a statement to the
people as to the needs of their Uni-
versity.
As all know, the University is a
part of the public school system; free
to all. and supported by the taxpayers
of the State. It is free alilre to rich
and poor, and any young man or
woman who desires can earn or help
earn his way through the institution,
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913.
Villard Hall (University of Oregon)
as 60 percent of the students now in
attendance are doing. It is our duty
to acquaint the people with the needs
of the school, and it is our responsi-
bility to determine the way in which
funds provided shall be used.
Previous to the last session of the
legislature, the Board of Regents met
and we unanimously resolved to ask
the legislature for enough funds to
erect one building for the University
and make repairs and alterations to
others. This request was embadied in
two bills, ane for $100,000, the other
for $75,000. The request was granted
almost unanimausly by the legislature,
and the money wauld naw be available
but for the referendum whleh has
brought about this special election.
The University of Oregan has sev-
eral groups of gaod buildings, same of
which are shawn in accompanying
phatographs, but ~ince the last one was
erected, about six years ago, the at-
tendance has pract;"ally doubled and
the demand far class raom will make
It necessary to use tents or temparary
frame buildings. At present two and
three Instructors are compelled to. use
5
ane recitatian raam, and basements and
hallways have been utilized to. the ut-
mast. It is impossible to. make raom
far certain wark that shauld be done,
and the prablem is becaming marc and
more difficult as the student bady in-
creases, which is in proportian to. the
rapid grawth af the State.
The need, hawever, far a new build-
ing and additions to. athers has nat
been questianed even by thase who. are
oppased to. the University, and there-
fore needs no argument. But the re-
spansibility up an the Regents in car-
ing far the grawth af the institutian
was a serious one, and in our recom-
mendatians to. the legislature we were
criticised far nat asking far twa bUild-
ings instead af ane. It will be remem-
bered that maney far twa. buildings had
been apprapriated by the legislature af
1911, but the same man who. has called
this referendum called a referendum
upon these buildings and succeeded in
halding up the funds.
In asking far this camparatively
small apprapriation, we haped that we
cauld avaid an ather referendum. Rather
than ask for all that was needed, we
6 PAMPHLET CONTAINING MEASURES TO BE
The Library, Deady Hall and Villard Hall (University of Oregon
felt keenly the responsibility for keep-
ing the doors of the University open
for our young men and women, and
did not believe that anyone would
undertake to further handicap the in-
stitution by holding up an appropria-
tion as imperative as this. But we
find now that the University is again
attacked and that unless the people
stand by their University its work is
sure to be seriously hampered.
''Ie wish to make one further state-
ment to the people of Oregon. The
cost to the taxpayers of Oregon per
student for the year 1912 was $180,
which is much lower than that in most
institutions. It is our purpose to keep
this cost at the lowest possible point
consistent with efficiency. But the
State is growing and the students are
increasing in numbers, the present
buildings are overtaxed, and unless we
can have funds to provide more room,
the time is close at hand when we
must turn some of our young men and
women away. In fact. we are virtually
dOing this now, for the schools of
Washington and California hav" now
enrolled Oregon students running into
the hundreds.
The legislature of 1913 tool< the im-
portant constructive step of paSSing a
millage-tax bill for both the University
and the Agricultural College, which
will go into effect in 1915 and auto-
matically provide for the support of
the two institutions thereafter without
further participation in pOlitics. Mean-
while, we urge upon the voters of the
State the pressing need of the build-
ing and improvements asked for, and
respectfully request your support at
the polls.
Dated June 9, 1913.
R. S. BEAN,
President of the Boa"d of Regents.
Salem, Oregon, June 10, 1913.
To the Vvte,'s of O"egon:
I wish to add my endorsement to
the above statement and to say further
that I am in Close touch with the situa-
tion at the University and lmow this
money is sadly needed in order that
the bllilclings may be placed in service-
6 PAMPHLET CONTAINING MEASURES TO BE
The Library, Deady Hall and Villard Hall (University of Oregon
felt keenly the responsibility for keep-
ing the doors of the University open
for our young men and women, and
did not believe that anyone would
undertake to further handicap the in-
stitution by hoiding up an appropria-
tion as ilnperative as this. But we
find now that the University is again
attacked and that unless the people
stand by their University its work is
sure to be seriously hampered.
'Ve wish to make one further state-
ment to the people of Oregon. The
cost to the taxpayers of Oregon per
student for the year 1912 was $180,
which is much lower than that in most
institutions. It is our purpose to keep
this cost at the lowest possible point
consistent with efficiency. But the
State is growing and the students are
increasing in numbers, the present
buildings are overtaxed, and unless we
can have funds to provide more room,
the time is close at hand when we
must turn some of our young men and
women away. In faot, we are virtually
doing this now, for the schools of
Washington and California have now
enrolled Oregon students running into
the hundreds.
The legislature of 1913 took the im-
portant constructive step of passing a
millage-tax bill for both the University
and the Agricultural College, which
will go into effect in 1915 and auto-
matically provide for the support of
the two institutions thereafter without
further participation in pOlitics. Mean-
while, we urge upon the voters of the
State the pressing need of the build-
ing and improvements asked for, and
respectfully request your support at
the polls.
Dated June 9, 1913.
R. S. BEAN,
P,'esident of the Board of Regents.
Salem, Oregon, .June 10, 1913.
To the V ute1'S of Oregon:
I wish to add my endorsement to
the above statement and to say further
that I am in close touch with the situa-
tion at the University and know this
money is sadly needed in order that
the b1Jj)djpgs may be placed in 'service-
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER
McClure Hall (UniversitY of Oregon)
able condition and no longer stand as
a disgrace to our State. It is but a
small sum to ask, the University is
entitled to it and I most earnestly ap-
peal to tlle voters of the State to give
the institution their support.
OSWALD WEST,
Governor.
Statement of Alumni Association.
The above bills deserve to pass into
laws for the following reasons;
1. The sums called for, aggregating
$175,000 for a new building and for
betterments at the State University at
l<Jugene, represent the minimum present
need at the institution. This need is
admitted by everyone familiar with the
conditions at the University, and it
is also conceded by those who invoked
the referendum on the above bills.
Therefore, this phase of the matter
should be regarded as settled beyond
the reach of controversy.
2. The appropriations should be
granted because Oregon, as a leader
among the states in developing the
political machinery of democracy,
should be likewise a leader in building
4, 1913. 7
up the spirit of democracy by provid-
ing adequately for the education of
all the people-rich and poor alike-
through all stages, from the primary
school to the University.
3. The appropriations should be
granted because the Univel'sity has al-
ways been economically and carefully
managed. The cost per student at the
University of Oregon is lower than at
the other institutions giving the same
grade of instruction and holding equal
rank. Over a period of five years the
average annufLl cost per student at'the
University of Oregon has been $198.
For the year closing July 1, 1913, it
was $192. The average annual cost
during the past five years at the Uni-
versity of Washington is $218; Kansas
University, $215; Iowa University,
$281; Michigan University, $243.
These comparisons are all with states
having, like Oregon, both an agricul-
tural college and a university. Com-
parisons with consolidated institutions
are still more strikingly in Oregon's
favor. For example; California Uni-
versity, $369; Illinois University, $338;
,Visconsin University, $404. It is sig-
nificant, in this connection, that the

8 PAMPHLET CONTAINING MEASURES TO BE
Men's Dormitory l University of Oregon)
cost per student in these consolidated
institutions is from one-half to two
times greater than the cost to the State
in segregated institutions.
4. The voters of Oregon are being
asked by Mr. H. J. Parkison (or by
the recently organized Oregon Higher
Educational Institutions Betterment
League, of which Mr. Parkison is
founder and dominant spirit) to sus-
tain the referendum which the said
H. J. Parl<ison actively promoted and
carried into effect. His chief ostensi-
ble reason for starting the movement
and his chief argument in carrying it
forward was that he wanted to give
the People of Oregon a chance to vote
on the question of consolidating at
Corvallis the University of Oregon and
the Oregon Agricultural College.
Consolidation is a problem of great
magnitude, involving not merely the
entire educational system of Oregon,
but also many and complex legal ques~
tions, property interests, and the rivalry
of at least four localitics- Portland,
Salem, Eugene, and Corvallis. A right
solution of that problem, if the people
wish to raise it, 'can be hoped for only
under the wisest, most responsible
leadership.
-, "~'~0:; ~:;
·
Since MI'. Parkison has made his
personal leadership an inseparable
part of this question. it now becomes
an unavoidable duty to inquire how far
Mr. Parkison's record is reassuring
from this point of view.
MI'. Parkison was the chief promoter,
also, of a referendum movement against
the' University appropriations, for
buildings, for betterments, and ad-
ditional maintenance in 1911-1912. The
gCllllineness of many of the signatures
on his petitions, ho,vcvcr, being ques-
tioned in court, Mr. Parkison, by his
attorneys, was finally compelled to ad-
mit in open court that at least 3,722
names were fraudulent, and the trial
judge before whom the testimony was
presented stated that many other names
had been shown to be of suspicious
character. The court also stated in
rendering the decision that Parkison
employed a man to procure names
"fter he had been "pprised that this
same mOan 'was forging names, and
that he, Parkison, \vas Hindirectly, if
not directly, responsible for the frauds
that are shown and admitted to have
been committed in the prepar"tion of
this petition" (of 1911).
Mr. Parkison in 1912 signed the
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER
argument in' the voters' pamphlet op-
posing the initiative bill for placing
the University and the Agricultural Col-
lege under a single board or' regents,
and" 'supportlng 'the two institutions by
a miJlage tax. The proposed millage
tax'; ""u~der the terms of the bill, was
desjgned to take the place of all other
State taxes for the support" of the two
schools, except that for the space of
one year the sum of $125,000 for the
Univ"rsit~', and the sum of $220,000
for the Agricultural College, provided
for .un.der Jaws then in force, should
continue to be collecter1. This millage
bill, in section 9 (voters'" pamphlet,
1912, page 78) specifically repeals
chapters 164 and 166 of the general
laws of Oregon, 1911 (the University
appropriation bills) so that, had the
millage l?ill passed, none of the sums
appropriated by the bills held up by
Parkison's referendum would have been
collected. Yet, Mr: Parkison stated,
in his advice to the voters, against the
miilage oill (liee voters' pamphlet, 1912,
page 82) that if the friends of the
Ull,iv!)rsity should succeed in killing
the' r~ferendum lIPon the approPl'iation
bills, .as the;); were trying to do, "the
taxpayerS of the State will have over
$1,288,000 ,to dig up for the two
schools in 1913."
'1'118 assertion ,vas a Inis-statem'3nt
of the facts to the extent of more than
t01tr hnncl1'ecl th01ISa?ul cloll(L1's; it was
calculate'! deeply to prejudice the cai.lse
of the University; and it is inconc"iv-"
aole how one who ventured to advise
the entire electorate of th9 common-
wealth as to how .they should vote on
a specific bill could have been ignorant
of the most materia]'" provisions' of the
b.ill about which 11e was offering ad~'ic~.
The voters of Oregon have a right
to ,determine on the ba"sis of such facts
-all of which are of record-to, "'hat
extent it would he wise to depend~pon
Mr. H. J. Parl<ison' for leadership in
the solution of'the,se the highest 'cwes-
tions, affecting the, life of the com-
monwealth. ".
5. ,. It' is assumed by the' "promoter
of the. pl'esent 'ret"erendum' ,that' the
withholdirig of the, Universitybuiiding
fund must: oe regarded by the voter
as a step toward a ponsolidation o~ the
two institutions within 'a reasonable
time. Pl'actical difficulties in the way
4, 1913. 9
0' effecting such consolidation have
been passe:! over lightly. Taking Mr,
· ParkiSo.n at his word, and assuming
that· his real interest is in the cause
of education, that he will devote 'his
'time and energy and money for the
next few years to promoting' some
scheme of consoIiqation, is it reason-
able to suppose that he will be able
to build up more" easily than he; is
able to "tear dO\'I;n? Mr. Parkison as-
sumes that this revolution, which he
regards a~ desirable. can oeeasily ,ar-
ranged by use of the lnitiativ~. But
the Oregon initiative law, while ad-
mirably framed to carry out me wishes
of the majority, would in this case be
helpkss in deciding between rival
minoi'ities. Under present political con-
ditions in Oregon it is scarcely con-
· ceivable that any city caul(] obtain a
majority of votes on a proposition to
make it the s'eat of both the University
and Agricultural College. There is no
magic scheme by Which the consol"i-
dated institution could he located at
a given place without a majority vote
of the people. An initiative measure
mu~t read-"A, bill providing for the
location of, 'etc., at (for instance)
Portland. Yes--. No--." And
similar bills woul(] certainly appear
on the ballot 'nominating Corvallis,
Salem, Eugene, and possibly other
towns. This is the only way the
initiative could be presented. It is ex-
tremely unlikely that anyone city
could get a majorify vote under these
· conditions; because the friends' of each
city, in order not to. throwaway their
votes ,vi11 have to vote "no" on loca-
tion at any other city. It is hard to
see .il0W this could result in anything'
expept year after year, election after
election, "of turmoil and confusion in
.oj'6gbn's educational system, and very
probably nothing gained at the end,
but muc!l opportunity for education and
progress l~~t.
6. Ndthcr tbe University nor the
Agri.cuJj:llral College has any space to
spare. Ie consolidation were possible,
it would involve the State's spending
>:pprox!mately a million dollars, pur-
chasing land and erecting buildings in
the midst of a local land" boom Which
would malre everything doubly cipen-
sive. Meanwhile, it would have ap-
proxlm?,tely a million doUars', worth
10 PAMPHLET CONTAINING MEASURES TO BE

Campus Views (University of Oregon~

 SUBMITTED TO VOTERS OF OREGON, NOVEMBER
of property to sell at the other city
in the midst of a commercial depres-
sion caused by the removal of the
scholastic population. If the consoli-
dation were ordered at a third point,
these expenses would be doubled.
7. Duplication of effort between the
two colleges has been reduced so far
as seems desirable since the creation of
the State Board of Higher Curricula,
which has absolute authority to elim-
inate at its discl'etion duplicated courses
at either institution. The Board has
already taken vigorous measures in re-
ducing unnecessary duplication. Such
duplication as remains is of the kind
that would have to exist even in a
consolidated institution. Additional
groups of students inevitably call for
additional units of equipment and ad-
ditional instructors. Duplication is un-
desirable when it means unnecessal'y
expense, but that it is not a pressing
problem is shown by t.he figures which
prove that the separate institutions are
more economical than the consolidated.
See page 11 of this article for views of
State Grange and page 11 for views of
Valley Division State Press Association.
,Ve respectfully ask the voters to
vote "Yes" on the above measures and
permanently remove the two colleges
of Oregon from partisan politics, leav-
ing them properly equipped to use to
good advantage the support provided
by the millage law which goes into
effect in 1915.
UNIVERSITY OF OREGON ALUMNI
ASSOCIATION,
C. 'Y. CONVERSE, W. T. SLATER,
Secretary. President.
State Grange Investigates, Then
li'avors Adequate Support.
The Oregon State Grange in 1911
selected a committee "charged with
the duty of malting a thorough and
unbiased investigation of the entire
subject of higher education in Oregon,"
and to report back to the Grange its
complete findings. After an exhaus-
tive study covering all the States in
the Union, the committee, May 14,
1912, opposed the idea of consolidat-
ing the Oregon Agricultural College
and the University of Oregon, and the
report of the committee was adopted.
At the Oregon Grange session in
May, 1913, the Grange affirmed its
position on the matter.
The epitomized findings of the com-
mittee follow:
"If an attempt were made at abso-
lu te consolidation * * * it would mean
either the abandonment of one plant
with a necessary enlargement at the
other, or the abandonment of both.
In addition to the legal difficulties al-
ready pOinted out, it would doubtless
result in serious financial loss to the
State, for neither community could
make advantageous use of the plants
so as to purchase it from the State,
while the investment for new and en-
larged plant would necessarily be very
heavy. It must also be recognized that
there would naturally ari,~e an intense
4, 19l3. 11
sectional feeling which could not fail
to seriously interfere with the success
of the new venture and hamper its
success in many ways.
"There is ample evidence to justify
the belief that those states which have
the segregated system are, on the
average, securing every whit as great
efficiency from the effort expended as
those states which have the combined
system. * • * We would therefore
recommend:
"First.-That the two schools be re-
tained as separate and distinct insti-
tutions.
"Second.-That the work of each be
definitely defined • * * so as to leave
no, further opportunity for confiict or
duplication.
"Third.-'l'hat they be taken entirely
out of politics in the matter of appro-
priations, by placing thenl upon a frac-
tional millage basis as the regular
lneans of their support."
The State Grange, in these resolu-
tions, accurately outlined the course
which has been followed in the inter-
vening period. The schools, up to
this tiTIle, have been retained as sep-
ftrate institutions, a Board of Higher
Curricula has exercised its plenary
powers in the mfLtter of cutting off
duplicated courses, and a millage bill
has been pfLssed which will take care
of the needs of the institutions. The
final consummation desired by the
Grange, that the schools be tfLken out
of politics, had been effected, but they
have been dragged back to the polls
by the filing of this referendum.
Not fo!' Best Interests, Say Editors.
'l'he ,Villamette Valley Division of
the State Press Association at its meet-
ing held in Albany, April 19, resolved
against the referendum. (All other
papers in Oregon, not included in this
district, so far as they have expressed
themselves, are also against the ref-
erendum.) The resolutions were in-
troduced by Mr. Elbert Bede, of the
Cottage Grove Sentinel, who said he
took pleasure in speaking for a city
which, on account of a county division
dispute, had participated in holding up
a former approp,riation, but \vas no-vv
willing to sink all 10,cal politics and
consider only the problem of rightly
educating the youth of Oregon. The
resolutions said:
"Whereas, An effort is being made
to invoke the referendum upon the ap-
propriations made by the last legis-
lature for buildings at the Universitr
of Oregon; and,
"Whereas, This referendum Is ex-
travagant and ill-advised; and,
",Vhereas, This attempt to invoke the
referendum upon the UniverSity ap-
propriation, in view of the rcprellensi-
ble methods employed in former efforts
by those who are connected with the
present movement, is an abuse ,of the
referendum, and, as such, brings dis-
credit upon our system of State gov-
ernment and disgrace upon the repu-
tation of Oregon; and,

12 PAMPHLET CONTAINING MEASURES TO BE
"Whereas, We believe all the edu-
cational institutions of the State should
be supported and maintained in such
a manner as will make them efficient
in the highest degree, thereby enabling
them to serve to the best purpose those
functions for which they were created;
and,
"Whereas, We believe the University
of Oregpn is a valuable asset to the
people of Oregon and an important
factor in the growth and progress of
the State; and,
"'Vhereas, We do not believe the
present attempt to invoke the refer-
endum upon the appropriations for
building at the University of Oregon is
Inspired by a desire on the part of
those who are behind it to serve the
best interests of the State, but springs
from motives that are unworthy of
consideration by the voters of the
State; and,
"Whereas, We believe the press, be-
cause of its influence upon public
opinion and sentiment, should take an
active stand for those things that are
for the best interests of the people of
the State and against those things that
are not,
"Be it therefore Resolved, That the
Willamette Valley Division of the Ore-
gon State Press Association, in meet-
ing assembled, condemn the attempt to
invoke the referendum upon the appro-
priations for buildings at the Univer-
sity of Oregon, and hereby declare
itself as opposed to it; and,
"Resolved, That a copy of these res-
olutions be printed in all the news-
papers in this division of the Oregon
State Press Association."
(Adopted April 19, 1913.)
Affirmative Statement of the Peo-
ple's Higher Education League.
The period allowed between the filing
of the referendum, to be voted on at
the special election, and the time when
arguments must be filed, is too brief
to go into an extensive discussion. We
shall therefore merely outline our
views.
Our league recognizes the right of
the people to reconsider by referendum
all legislative matters as to which they
have any doubt. Furthermore, we do
not purpose to persuade other voters
to our way of thinking on this matter,
but we do ask, with great earnestness,
that all ·voters ascertain the true facts
in the case, from reliable sources, be-
fore casting their ballot.
The members of our organization de-
sire to place themselves on record as
emphatically opposed to this referen-
dum, because in our opinion it is the
first step in striking a crippling blow
to all efforts in this State directed
towards the higher education of our
young people. We have also come to
the conclusion that the referendum di-
rected towards the appropriation of
money for betterments at the Uni-
versity of Oregon, is based upon un-
sound and false premises, because,
first:
«< «<'««1'1
The history of institutions of hi:;her
education in our sister states pJ"L)ves
that· there is no economy in combining
the university course \vith the agri-
cultural course.
Second, the experiences of our sister
states demonstrates, to all students of
the matter, that instead of obtaining
greater efficiency the contrary is more
likely to be the result; the efficiency is
deteriorated, and especially is this true
of the work directly concerned with
the agricultural college.
The advancement of our great State
is in the hearts of all of us. It is only
within recent years that our State has
given any attention to the development
of its institutions for higher learning.
Those who have been at Eugene know
that the University is ideally situated
there. Some of the best universities
of our country are situated at smaller
places. It is not desirable that all in-
stitutions should be grouped together
in anyone. place in this State.. There
is now in the City of Portland a col-
lege which is amply able to take. care
of the young people who live in that
city.
Since our agricultural college, so
splendidly located at CorvalliS, now
stands on a strong foundation for
rapid growth, why should it be ham-
pered by experimentations of doubtful
Wisdom?
Why not let our two great State in-
stitutions grow as now located? Com-
putation will prove that their main-
tenance is a mere trifle to the indi-
vidual taxpayer.
Furthermore, the State now has
large and valuable properties at Eu-
gene and at Corvallis. Which of these
shall be sacrificed? And why sacrifice
either and compel the taxpayers of the
State to go to the expense of repro-
ducing the abandoned property? ,Vhy
not rather use, for the bettering of our
existing institutions, the mon"y which
would be required to make good such
waste?
'Ve appeal to the voters to seriously
and conscientiously think over all these
matters.
'Ve further ask the voters to stop
and think what the attitude of those
who vote to· uphold the referendum-
and thus retard the development of
the University of Oregon-means. It
means that these voters are forcibly
preventing our young people, now at-
tending the University, from having the
full benefit of that which others-,-we
may say the great majority of the
voters of this State-intended for them
to have. Surely, in the matter of
helping the young people of this State
to acquire that knowledge which. they
desire to obtain, our State cannot take
a small attitude. In such matters, we
should rather vie to be classed among
the most liberal of our sister states.
PEOPLE'S HIGHER EDUCATION
LEAGUE.
T. J. GEISLER, E. HOFER,
Seoretary, Ohairman.
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 13

(On Official Ballot, Nos. 304 and 305)

A MEASURE
To protect the public peace, health and safety from habitual criminals,
m·oral degenerates and sexual perverts; to l'equire the SUl}erintend-
ents of the Oregon State Insane Asylum, the Eastern Oregon State
Hospital, the State Institution for Feeble-Minded, and the Oregon
State Penitentiary to l'eport quarterly the names, records, con-
dition and character of all inmates of their respective institutions
who are hubitual criminals, moral degenerates or sexual perverts;
to authorize the State Board of Health to investigate, or cause to
be investigated, all such cases so reported to it; to authorize the
State TIoard of Health, in its discretion, to direct the superin-
tendents of the said institutions to perform or cause to be per-
formed, such surgical operations as may be for the best interests
of the public peace, health and safety, filed in the office of the
Secretary of State l<'ebruary 18, 1913, to be submitted to the legal
electors of the State of Oregon for their approval or rejection at
the SPECIAL ELECTION to be held NOVEMBER 4, 1013, upon
petition for referendum filed in the office of the Secretary of State
. Ma.y 31, 1913, in accordance with the provisions of Section 1 of
Article IV of the Constitution of the State of Oregon.
The following is the form and number in which the measure will be
printed on the official ballot:

REF.ERENDUM ORDERED BY PETITION OF THE PEOPLE

S'l'ERILIZA'fION ACT-Referred by authority of Mrs. Lora C. Little,
as Vice-President, Anti-Sterilization League, No. 7110 43rd Avenue,
Portland, Oregon. Its purpose is to authorize the State Board of
Health to order such surgica.l operations as the Board shall adjudge,
to be performed upon habitual criminals, moral degenerates and
sexual perverts, both male and female, and defining who shall be
considered as such, t.he same being persons confined in some· State
institution. Vote YES 01' NO
304. Yes.
305. No.

AN ACT State Penitentiary to report quarter-

(II. B. 69)
Entitled an act to protect the public
peace, health and safety from habItu-
al· criminals, moral degenerates and
sexual perverts; to require the sup-
erintendents of the Oregon State In-
sane Asylum, the Eastern Oregon
State Hospital, the State Institution
for Feeble-Minded, and the Oregon
ly the names, records, condition and
character of all inmates of their re-
spective institutions who are habitu-
al criminals, moral degenerates or
sexual perverts; to authorize the
State Board of Health to investi-
gate, or cau.se to be investigated, all
such cases so reported to it; to
authorize the State Board of Health,
14 PAMPHLET CONTAINING MEASURES TO BE
in its discretion, to direct the super-
intendents of the said institutions to
perform or cause to be performed,
such surgical operations as may be
for the best interests of the public
peace, health and safety.
Be it enacted by the People of the
State of Oregon:
Section 1. It is hereby declared that
_habitual criminals, moral degenerates,
and sexual perverts are menaces to
the public peace, health and safety.
Habitual criminals are those who have
been three or more times convicted of
a felony in the courts of any State
and sentenced to serve in the peniten-
tiary therefor. Moral degenerates and
sexual perverts are those who are ad-
dicted to the practice of sodomy or the
crime against nature, or to other
gross, bestial and perverted sexual hab-
its and practices prohibited by statute.
Any person convicted of rape when
the offense is committed on a female
over the age of consen t as fixed by
Lord's Oregon Laws or on a female
under the age of fourteen years with
or without consent, or on a female
between the age of fourteen years and
the age of consent, where rape is com-
mitted as defined by Lord's Oregon
Laws for rape over the age of con-
sent, shall be deemed to be a moral
deg-enerate under the terms and pro-
visions of this act; provided, however,
that 'in any case where the conviction
of rape is secured by circumstantial
evidence only, other than the evidence
of the prosecutrix, this law shall not
apply.
Section 2. It shall be, and is hereby
declared, the duty of the superintend-
ent of the Oregon State Insane Asy-
lum, the superintendent of the Eastern
Oregon State Hospital, the superin-
tendent of the State Institution for
Feeble-Minded, and the superintendent
of the Oregon State Penitentiary to
report on the first day of each quarter
to the State Board of Health the
names, record, character and condition
of any and all inmates of their re-
spective institutions who may be hab-
itual criminals, moral degenerates or
sexual perverts.
Section 3. Immediately upon its re-
ceipt of the reports provided for in
Section 2, the State Board of Health
shall investigate, or cause to be inves-
tigated, each case so reported to it.
Such investigation shall be conducted
in a careful and thorough manner and
in accordance with the recognized rules
of medical science. A full and com-
plete report of such investigation shall
be prepared and preserved in the
records of the said Board, and a copy
thereof shall be furnished to the super-
intendent of the institution in which
the inmate is confined. If the said
investigation shall disclose that the
inmate, so reported upon, is a habitu-
al criminal, or is a moral degenerate
or a sexual pervert the said Board
shall so certify in an order to the
superintendent of the institution in
which the inmate is confined directing
the said superintendent to perform, 01'
cause to be performed, such surgical
operation upon the said inmate as, in
the opinion of the said State Board
of Health, may be necessary for the
protection of the peace, health and
safety of the State. Any such inmate,
desiring to appeal from the decision of
the said Board, 01' in case the person
is under guardianship or disability, then
the guardian of said person may take
an appeal to the circuit court of the
county in which- the institution, in
which the person is confined, is lo-
cated, A notice of appeal shall be all
that is necessary to make the appeaL
The Board shall certify to the said
circuit court the report of the investi-
gations hereinbefore described.
'1'he trial on such appeal shall be a
trial de novo at law as provided by
the statutes of this State, for the trial
of actions at law. If the court or
jury shall find that the person ac-
cused is a habitual criminal, moral de-
!;"enerate or sexual pervert, as here-
inbefore defined, said court shall enter
a judgment ordering that the findings
of the said Board shall be carried out
as hereinbefore provided.
Section 4, Upon receipt of the order
from the State Board of Health, pro-
vided for in Section 3, the superin-
tendent of the institution to which it
is directed shall, and it is hereby made
his lawful duty, to perform, or cause
to be performed, such surgical opera-
tion as may be specified in the order
of the State Board of Health. All such
surgical operations shall be performed
with a due regard for the physical,
mental and moral betterment of the
inmate and for the protection of the
peace, health and safety of the public.
Section 5. The provisions of this
act shall apply to both male and fe-
male inmates of any of the institutions
designated herein.
Filed in the office of the Secretary
of State February 18. 1913.
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 15

(On Official Ballot, Nos. 306 and 307)

A MEASURE

To provide for District Attorneys for the State of Ol'egon, and to pre-
scribe and regulate their duties, and to prescribe their salaries, and
to repeal all acts and parts of acts in conflict herewith, filed in the
office of the Secretary of State February 28, 1913, to be submitted
to the legal electors of the State of Oregon for their approval or
rejection at the SPECIAL ELECTION to be held NOVEMBER 4,
1913, upon petition for referendum filed in the office of the Secre-
tary of State May 31, 1913, in accordance with the provisions of
Section 1 of Article IV of the Constitution of the State of Oregon.

The following is the form and number in which the measure will be
printed on the official ballot:

REFERENDUM ORDERED BY PETITION OF THE PEOPLE

COUN'l'Y ATTORNEY ACT-Referred by authority of MI'. J. E. Craib,

No. 431 \Vorcester Building, Portland, Oregon. Its purpose is to
provide a District Attorney for each county in the State, and to
fix their salaries in lieu of the present system of having a District
Attorney for several counties, clothed with the authority to appoint
deputies for other counties. Vote YES 01' NO
306. Yes.
307. No.

AN ACT eff ect shall then become and be the

(N. B. 449)
To provide for District Attorneys for
the State of Oregon, and to pre-
scribe and regulate their duties, and
to prescribe their salaries, and to
repeal all acts and parts of acts In
conflict herewith.
Be it enaoted by the People of the
State of Oregon:
Section 1. That there shall be elected
at the regular biennial election in
1916, and every four years thereafter,
by the qualified electors of the several
counties of this State, District Attor-
neys, who shall hold office for the term
of four years and until his successor
is elected and qualified; provided, how-
ever, that each of the District Attor-
neys In office when this act goes Into
District Attorney for that county of
hi!, district of which he is then a resi-
dent and shall hold such later office
until the expiration of the term for
which he was elected, and until his
successor is appointed or elected and
qualified.
Section 2. The salaries of the sev-
eral District Attorneys created under
this act shall be paid by the State in
the same manner that the salaries of
the District Attorneys are now paid,
and the same shall be received by them
in full compensation for their services
and shall be as follows:
For Baker County ...................... $2,400.00
For Benton County .................... 1,200.00
For Clackamas County ............ 2,100.00
For Clatsop County .................... 1,800.00
For Columbia County .............. 1,200.00
 16 PAMPHLET CONTAINING MEASURES TO BE

For Coos County _ sanle qualifications, have the sanle

1,800.00
For Crook County _ powers, perform the same duties and
1,500.00
For Curry County __ .... __ 600.00
be subject to the same restrictions as
For Douglas County __ ':.. are, now provided by the consti tu tion
2,100.00
For Gilliam County .. _.. __ 1,000.00
and laws of this State relating to
For Grant County .. _ ~,500.00 prosecuting and District Attorneys;
For Harney County.__ 1,500.00 provided, that a District Attorney may
For Hood River County_ 1,200.00 appoint a deputy at any time for his
For Jackson County.. 2,400.60 county, which deputy shail have' the
For Josephine County _ 1,200:00 same powers and possess the same
For Klamath County. 1,800.00 .qualifications as the District Attorney.
:ror L\Lke County._ ....... _________ ..
1,800.00 Section 5. 'l'hat as soon as this act
For Lane. County ....... ______ 2,100.00 goes into effect and becomes it law the
Fo!' Lincoln County ..... __ 600.00 Governor . shall appoint sult~ble and
For Linn County. _____ .... _...... _.. ___
2,100.00 qualifiedp'erscins respectively residents
For Malheur County._ ... _ 2,100.00 ___of each of such cou,nties ill this State
For Marion County _.. _."" .....
2,100.00 in which there is no District Attorney
p'or Morrow County. _____ ... 1,200.00 resident thereof to serve as District
For Multnomah County __ 4,000.00 Attorney of such COun ty, to' hold office
For Polk County........... 900.00 until the general election in 1916, or
For Sherman County ... ___ 1,000.00 until . his succeSSOr is elected and
For Tillamook County __ ._ . 1,200.00 qualified, and whenever the term of
For Umatilla County. . ___
2,400.00 any District Attorney for which he
For Union County ..... __ . _ . ___ ._
1,800.00 was elected shall expire before the said
For \yallowa Count) .. _ 1,200.00 general election in 1916, such office
For Wasco County._ 1,800.00 shall then. be vacant and the Governor
"'or \Yashlngton County 2,100.00 shall thereupon appoint a suitable and
For Wheeler County .. _._ 1,000.00 qualified. person to fill such vacancy
For Yamhill County.. 1,20.0.00 and to hold such officeunti) the said
general election in' 1916, and until his
P"ovided, that the District Attorney successor is elected and qualifi'ed.
of Multnomah County shall be entitled Section 6. Whenever in the judg-
to the following deputies with the fol- ment of the county court of any coun-
lowing salaries: One deputy at $2,- ty of this State there is business
400; three deputies at $1,800 each; enougll to warrant 'the appoint"ment of
three deputies at $1,200 each. a deputy district attorneY in and for
Section 3. It shnJI not be lawful said county, the said county.court is
for any District Attorney within any hereby authorized to empower the Di8-
county in this State, who may have a ·trict Attorney of said county to ap-
partner in the practice of law, to .. suf- point a deputy whose compensation
fer such partner to prosecute or de- shall be fixed by the said county court
fend divorce cases or to defend cases and paid out of the county funds at
wherein the State of Oregon is plain- the same time and in the same manner
tiff and such District Attorney is the. as county officers are now paid.
public prosecutor, and it shall be the Section 7. 'l'hat Sections 1133 and
duty of the several judicial officers of 1134 and all acts and parts of acts in
this State to prohibit such practice in force and in conflict· with this 'act are
all cases coming before them in the hereby repealed.
different courts of this State. Section 8. '['his act shall become
S\,ction 4. The several District At- rffective July 1, 1913.
torneys provided and created under the Filed in the office' of the Secretary
provisions of this act shall possess the cif State February 28; 1913.
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4, 1913. 17

(On Official Ballot, Nos. 308 and 309)

A l\lEASURliJ
To create a State Industrial Accident Commission and providing an
Iudustrial Accidentl<'und, making an appropIiation for such fund
and providing for the administration of the terms of this act, pro-
viding for the collection and disbursement of funds for the benefit,
compensation and care of workmen, prescribing the duties of em-
ployers and workmen subject to this aet, lind pl'oviding penalties
for a violation of the tel'Ills of this act, and abolishing in certain
cases the defenses of assumption of risk, contI ilmtol'Y negligence
and the negligence of a fellow servant in actions for personal injury
and death, filed in the office of the Secretary of State February 25,
1913, to be submitted to the legal electol's of the State of Oregon
for their ~pproval or rejection at the SPECIAL ELEC'l',ION to be
held NOVEJ\fBER 4, 1913, upon I?etitioll for referendum filed in
the office of the SeCl'etal'y of State J\Iay 31, 1913, in accordance with
th~ provisions of Secti()~l 1 of Article IV of the Constitlltion of
the State of Oregon.
The following is the forin and number in wbich the measure will be
printed on the official ballot:

REFERENDUlIl ORDERED BY PJ,J'i'ITION 01<' THE PEOPljE

'YORRMEN'S COMPENSATION ACT-Refencd by authority of Mr.

'VHfred E. Farrell, No. 023 Ijumbermells Building, Portland, Ore-
gon. The purpose of this meaSlH'e is to create It State Industrial
Accident Commission, composed of three Ccmmissionel's, to provide
ii' fund fm' the compensation of injured workmen employed hI haz-
ardous occnpations, to .be raised partly by the State, partly by
employers and partly by employees, the Commission to determine
the amount under the act' to he paidnny person or persons on
account of any injury received in the course of his employment.
Vote YES or NO
308. Yes.
309. No.

AN AOl' of workmen, prescribing the duties

(H. B. 27.)
Creating the State Industrial Accident
"Commission and providing an Indus-
trial Accident Fund, making an ap-
propriation for such :fund and pro-
viding for the administration of the
'terms of. this act, providing for the
collection and disbursement of funds
for the benefit, compensation and care
of .employers and workmen subject
to this act, and providing penalties
for a violation of the terms of this
act, and abolishing in certain cases
the defenses of assumption of risk,
contributory negligenc.e.anq the neg-
ligence of a fellow servant .In actions
for personal Injury and death.
18 PAMPHLET CONTAINING MEASURES TO BE
Be it enacted by the People of the
State of O,'egon:
Section 1. The State of Oregon rec-
ognizes that the prosecution of the
various industrial enterprises which
must be relied upon to create and pre-
serve the wealth and prosperity of the
State involves the injury of large num-
bers of workmen, resulting in their
partial or total incapacity or death,
and that under the rules of the com-
mon, law and the provisions of the
statutes now in force an unequal bur-
den is cast upon its ci tizens, and that
in determining the responsibility of
the employer on account of injuries
sustained by his workmen, a great and
unnecessary cost is now incurred in
litigation, which cost is divided be-
tween the workmen, the employers and
the taxpayers, who provide the pub-
lic funds, without any corresponding
benefit, to maintain courts and juries
to determine the question of responsi-
bility under the law as it now exists,
and that the State and its taxpayers
are subjected to a heavy burden in
providing care and support for such
injured workmen and their dependents,
and that this burden should, in so far
as may be consistent with the rights
and obligations of the people of the
State, be more fairly distributed, as in
this act provided,
Section 2, A Commission is hereby
ereated which shall be known as the
"State Industrial Accident Commis-
Sion," to be composed of three Com-
missioners, Immediately upon the tak-
ing effect of this act the Governor
shall appoint such Commissioners, not
more than two of whom shall belong
to one political party. Such Commis-
sioners shall be appointed for re-
spective terms expiring on the first
Monday in January in the years 1915,
1916, and 1917; that thereafter the
Commissioners shall be appointed for
terms of four years by the same
authority on the fi'rst Monday in De-
cember in each year next preceding
the expiration of the term of a Com-
missioner. Each Commissioner ap-
pointed hereunder shall hold office un-
til his successor is appointed and quali-
fied. Any vacancy shall be filled by
appointment by the Governor. Inas-
much as the duties to be performed
by such Commissioners Vitally con-
cern the employers, the employees, as
well as the whole people, of the State,
it is hereby declared to be the purpose
of this act that persons be appointed
as Commissioners who shall fairly
represent the interests of all concerned
in its administration.
Section 3. The Governor may, at
any time, remove any Commissioner
appointed by him, for inefficiency,
neglect of duty or malfeasance in
office. Before such removal he shall
give such Commissioner a COpy of the
charges against him and shall fix the
time when he can be heard in his own
defense, which shall not be less than
ten days thereafter, and such hearing
shall be open to the public. If such
Commissioner shall be removed, the
Governor shall file in the office of the
Secretary of State a complete state-
ment of all charges made against such
Commissioner and his findings thereon,
with a record of the proceedings. Such
power of removal shall be absolute
and there shall be no right of review
in any court whatsoever.
No Commissioner shall hold any
other office or pOSition of profit or
pursue any other business or vocation
or serve on or under any committee
of any political party, but shall devote
his entire time to the duties of his
office.
Before entering on the duties of his
office, each Commissioner shall take
and subscribe to an oath 0'" affirma-
tion that he' will support the Constitu-
tion of the United States and of this
State and faithfully and honestly dis-
charge the duties of such office of
Commissioner; that he holds no other
office or position of profit, and that
he pursues and will pursue while such
Commissioner no other calling or ,vo-
cation, and that he holds, and while
SUCll Commissioner will hold, no po-
sition under any political party, which
oath or affirmation shall be filed in
the office of the Secretary of State.
Ea'ch of the Commissioners shall
also, before entering upon the duties
of his office, execute a bond payable
to the State of Oregon, in the penal
sum of $10,000, with sureties to be
approved by the Governor, conditioned
for the faithful discharge of the duties
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER
of his office, which bond when so
executed and approved shall be filed
in the office of the Secretary of State.
Each of the Commissioners shall re-
ceive an annual salary of thirty-six
hundred dollars ($3600.00), payable
from the fund hereinafter. provided.
Section 4. 'l'he Commissioners so
appointed under this act shall, within
twenty days after their appointment,
meet at the State Capitol and organize
by electing one of their number chair-
man, who shall serve until the Com-
missioner to be apPointed for the term
commencing in January, 1915, shall
have qualified and taken office. Im-
mediately after the qualification of the
Commissioner for the term commencing
in January, 1915, and biennially there-
after, the CommisSioners shall meet at
the office of the Commission, Which
shall be maintained at the State
Capitol, and shall elect a chairman,
who shall serve for two years and un-
til his successor is chosen.
Section 5. A majority of the Com-
missioners shall constitute a quorum
to transact business, and the act or
decision of any two of the Commis-
sioners shall be deemed the act or de-
cision of the Commission. No vacancy
shall impair the right of the remain-
ing Commissioners to exercise all the
powers of the Commission.
Section 6. The Commission may em-
ploy and terminate the employment of
such assistants, experts and clerks as
may be required in the administration
of this act at a total expense not ex-
ceeding twenty-five thousand dollars
($25,000.00) per annum.
Section 7. The Commission, in its
name, may sue and be sued, and the
Commission shall have a seal which
shall bear the name of the Commis-
sion. The Commission is hereby
charged with the administration of the
provisions of this act, and to that end
may hold sessions at any place with-
in the State, and is hereby authorized
to issue subpoenas requiring the at-
tendance of witnesses and the produc-
tion of documents, and obedience to
such subpoenas may be compelled, on
application of the Commission, by the
circuit court for the county where such
subpoenas shall be returnable.
Section. 8. The Commission is here-
4, 1913. 19
by authorized to make and declare all
rul,?s and regulations which shall rea-
sonably be required in the administra-
tion of the provisions of this act, and
shall require the making of reports of
accidents, reports of amounts paid or
agreed to be paid as wages by employ-
ers to workmen and may prescribe and
require the use of ·the payroll form by
employers which shall carry such
specific information as may be deemed
necessary by the Commission, and may
incur such expenses as the Commission
shall determine reasonably necessary
in the administration of this act.
Section 9. The Commission is here-
by required to render to the Governor
of the State, quarter yearly, a report
with full statistical information cover-
ing the acts of the Commission and
the receipt and disbursement of moneys
hereunder.
Section 10. All persons, firms and
corporations engaged as employers in
any of the hazardous occupations here-
after specified shall be subject to the
provisions of this act; provided, how-
eve,', that any such person, firm or
corporation may be relieved of certain
of the obligations hereby imposed, and
shall lose the benefits hereby conferred
by filing with the Commission written
notice of an election not to be subject
thereto in the manner hereinafter
specified; provided, howeve,', that
where an employer is engaged in a
hazardous occupation, as hereinafter
defined, and is also engaged in another
occupation or occupations not so de-
fined as hazardous, he shall not be
subject to this act as to such .non-
hazardous occupations, nor shall his
workmen wholly engaged in such non-
hazardous occupations be subject there-
to except by an election as authorized
by Section 31 thereof; provided, how-
ever, that employers and employees
who are engaged in an occupation
partly hazardous and partly non-
hazardous shall come within the terms
of this act the same as if said occupa-
tion were wholly hazardous.
Section 11. All workmen in the em-
ploy of persons, firms or corporations
who as employers are subject to this
act shall also be subject thereto; pro-
vided, however, that any such work-
man may be relieved of the obligations
20 PAMPHLET CONTAINING MEASURES TO BE
hereby imposed and shall lose the
benefits hereby conferred by giving to
his employer written notice of an elec'-
tion not to be subject thereto In the
manner hereinafter specified. Any
workman of the age of sixteen years
and upwards shall himself exercise the
election hereby authorized. The right
of election hereby authorized shall be
exercised on behalf of any workman
under the age of sixteen yc'ars by his
parent or guardian. This act shall not
apply to workmen of less than the
minimum age prescribed by law for
the employment of minors in the occu-
pation in which such workmen shall be
engaged.
Section 12. Every workman subject
to this act while employed by an em-
ployer subject to this act who a'ter
June 3D, next following the taking ef-
fect of this act, while so employed sus-
tains personal injury by accident aris-
Ing out of and in the course of his
employment and resulting in his dis-
ability, or the benefieiaties as herein-
after defined, of such workman In case
such Injury results In death, shall be
entitled to receive fronT the Industrial
Accident Fund hereby created' the sum
or sums hereinafter specified and the
right to receive such sum or sums
shall be In lieu of all claims against
his employer on account of such in-
jury or death except as hereinafter
specially provided; In'ovided, howeve,',
that if the Injury to a workman' oc-
curring away from the plant of his
employer is due to the negligence or
wrong of another not in the same em-
ploy, the injured workman, or if death
results from the injury, his widow,
children or dependents, as the C,lse
may be, shall elect whether to take
under this act or seek a remedy against
such other, such election to be in ad-
vance of any suit, and if he take
under this act the cause of action
against such other shall be assigned
to the State for the benefit of the ac-
cident fund. If the other choice is
made the accident fund shall contribute
only the deficiency, if any, between
the amount of recovery against such
third person actually collected and the
compensation provided or estimated by
this act for such case. Any such cause
of action assigned to the State may
-------"------
be prosecuted or compromised by the
department in its discretion. 'Any_com~
promise by the" workman ofanY-fst!()h
suit which would:'leave a defilcie"cy to
be made good out of the 'accident fund
may be made only with the' ,written
approval of the depm·tment:
Section 13.' The hazardous occupa"
tions to which this aCt is applicable
are as follows:
Factories,.mills and workshops where
machinery· is used; printing, electro-
typing, photo-engraving and stereo-
typing plants where machinery, is
used; foundries,' blast furnaces, mines,
\vells, gas "rorles, .\vater worlrs, reduc-
tion works, : breVi-'eries,: elevators,
wharv(,s, docl<s, dredges, smelters" ,pow-
der works, laun:lries operated; by pow-
er; quarries; engineering 'works ;" log-
ging, lU111bering and ship-blliLUng op-
erations; logging, street and. inter-
urban railroads not engaged in iriter-
state comlnerce; buildings being. ·con-
structed, repaired, moved' or demol-
ished ; telegraph, telephone, electric
light or power plants, or lines, steam
heating or pow(,r plants, 'railroads not
engaged in interstate commerce, stealn-
boats, tug_ and ferries.
Section 14. In the sense of' this act
words employed mean as here stated,
to wit:
Factories mean undertakings in
which the business of worldng at
commodi ties i5 carried on with' power-
driven Inachinery, either iI1 Inanufac-
ture, repair or change, .and shall in"
clude the premises, yard and plant of
the concern.
\Vorkshop means any plant, yard,
premises, room or place wherein power-
driven machinery is employed and man-
ual labor is exercised by way of trad~
for gain or otherwise in' or incidental
to the process of making, altering, re~
pairing, printing or ornamenting, fin-
ishing or adapting ,for sale or other-
wise any article or part of; article,
machine 'or thing, over which premises,
room or place' the employer of the per-
son working therein has the right of
access or control.
Mill means any plant, premises, room
or place where machinery is used, and
process of machinery, changing, alter-
ing or repairing any article or com-
modity for 'sale or otherwise, together
r LQ
SUBMITTED TO VOTERS OF OREGON, NOVEMBER
with the yards and premises which are
part of the plant, including elevators,
warehouses and bunkers.
Mine -'nlcans any ll1ine where coal,
clay, ore, nlineraI, gYPSUlTI or rock is
dug or mined ·undergTound.
Quarry means an open cut from
w-hich coal is mined, or clay, are, min-
eral,' gypsum, sand, gravel, or rock is
cut -or taken for manufacturing, build c
lng or construction.
Engineering 'work means any worl{
of construction," improvement or alter-
ation or' -repair of· building~, struc-
tures, streets, higIHvuys, sewers, 'street
railways, railroads not then engaged
in interstate commerce, logging roads,
interurban railroads not then engaged
in interstate COlllmerce, harbors, docks,
canals, electric, steam or water power
plants, telegraph and telephone plants
and lines; electric light or power
lines, and, includes any other works
for the construction, alteration or re-
pair of which machinery driven by
mechanical power is used.
-The term "employer" used in this
act shall be taken to mean any person,
firm or corporation, but not including
municipal corporations, that shall con-
tract for and secure the right to direct
and control the services of any person,
and the term "worl,man"· shall be
taken to mean any person, male or
female; who shall engage to furnish
his or her services subject to the direc-
tion or control of an employer.
Dependent means any of the following
nalned relatives of a \vorkman whose
death results 'from an injury and who
leaves surviving no \vido\v, wido'wer or
child under the age of sixteen years,
viz.: Invalid child over the age of six-
teen years, daughter between sixteen
and eighteen years of age, father,
mother, granrUather, grandmother, step-
father, stepmother, grandson, grand-
daughter, stepson, stepdaughter, brother,
. sister, half-sister, half-brother, niece,
nephew, who, at the time of the acci-
dent are dependent in whole or in
part for their support upon the earn-
ingsof the workman, Except where
'otherwi&e.' provided by treaty, aliens
other .than father or mother, husbal)d
and wife -or children, not residing with-
in the Unite,d States at the time of
the accident, are not Included.
4, 1913. 21
Beneficiary means a husband, wife,
child or dependent of a workman, in
whom shall vest a right to receive pay-
ment under this act.
Invalid means one who is physically
or mentally incapacitated from earn-
ing.
The word "child" as used in this
act, includes a posthumous child, a
child legally adopted prior to the in-
jury, and an illegitimate child legiti-
mated prior to the injury.
Any member or officer of any cor-
pOl'ate employer who shall be carried
upon the payrolls at a salary or wage
not less than the average salary or
wage of such payroll, but not other ..
wise, shall be deemed to be a work-
luan.
Section 15. Any employer engaged
in any of such hazardous occupations
who would otherwise be subject to this
act, may on or before June 15th next
following the taking effect of this act
file with the Commission a statement
in writing declaring his election not
to contribute to the industrial accident
fund hereby created, and thereupon
such employer shall be relieved from
all obligations to contribute thereto,
and such employer shall be entitled
to none of the benefits of this act, and
shall be liable for injuries to or death
of his workmen, which shall be ou-
casioned by his negligence, default or
wrongful act as if this act had not
been passed', and in any action brought
against such an employer on account
of an injury sustained after June 30
next following the taking effect of this
act, it shall be no defense for such
employer to show that such injury was
caused in whole or in part by the negli,·
gence of a fellow-servant of the in-
jured workman, that the negligence of
the injured workman, other than in
his willful act, committed for the pur-
pose of sustaining the injury, con-
tributed to the accident or that the
injured workman had knowledge of the
danger or assumed the risk which re-
sulted in his injury.
Any . person,. firm or corporation
heleafter engaging as an employer in
any of said hazardous occupations may
file a lilte notice with said Commission
within ten days after becoming such
employer and shall thereby and there-
22 PAMPHLET CONTAINING MEASURES TO BE
upon become relieved from making
contributions to said fund and shall
be liable to his workmen as in the case
of existing employers so electing and
shall as in the case of such employers
lose all benefit of the defenses above
described. From and after June 30
next following the taking effect of this
act, all employers engaged in said
hazardous occupations shall display
in a conspicuous manner about their
works and in a sufficient number of
places reasonably to inform their work-
men of the fact, printed notices stating
that they are or are not, as the case
may be, contributors to the fund. The
failure of an employer to display such
notices shall be a misdemeanor.
Section 16. All such employers who
shaH not as herein provided give to
the Commission written notice of their
election not to contribute to said fund,
shaH be subject to all of the provisions
of tllis act until and including the next
succeeding 30th day of June, and
thereafter until and including June 30
of each succeeding year, unless at least
sixty days prior to June 30 in some year
written notice shaH be given to said
Commission of an election to cease
contributing to such fund, whereupon
from and after the succeeding first
day of July the status of the employer
giving such notice shall be that result-
ing from the giving of the notice first
above prescribed.
Section 17. An employer who has
so elected not to contribute hereunder
may at any time by giving to said
Commission thirty days' written notice
recall such election, and from and after
the expiration of such thirty days such
employer shall become and continue in
all respects subject to this act.
Section 18. On or before June 30
next foHowing the taking effect of this
act any workman in the employ of an
employer subject to this act may give
notice in writing to his employer of his
election not to become subject to this
act, and any workman entering the
employment of such an employer after
such date may at such time give a
like notice and thereupon such work-
man shaH be in no wise subject to
the provisions or entitled to any of the
benefits hllreof. Any workman in the
employ of an employer who shall have
I
elected not to contribute to the fund
hereby created and who shall have re-
called such election, may within fifteen
days after such recall by his employer
has become effective, give notice in
writing to his employer of his election
not to become subject to this act, and
thereupon such workman shall in no
wise be subject to the provisions or
entitled to any of the benefits hereof.
·But if such workman shall sustain an
Injury within such period of fifteen days
and before he shall have elected not
to become subject to this act, he shall
have the option to be exercised before
suit brought, of taking the benefits
hereby provided or of proceeding
against his employer as if this act
had not been passed. Any workman
who shall be in the employ of an em-
ployer who shall hereafter engage in
any of said hazardous occupations and
who shall have become subject to this
act, may give .notice in writing to his
employer within fifteen days after his
employer shall have engaged in such
hazardous occupations, of his election
not to become subject to this act, and
thereupon and thereafter such work-
man shall be in no wise subject to the
provisions or entitled to any of the
benefits hereof, but if such workman
shall sustain an injury within such
period of fifteen days, and before he shall
have elected not to become subject to
this act, he shall have the option, to
be exercised before suit brought, of
taking the benefit hereby provided or
of proceeding against his employer as
if this act had not been passed. Any
workman who has so· elected not to
become subject to this act may at any
time by giving to his employer who
is then subject to this act, thirty days'
notice, recall such election, and after
expiration of such thirty days such work-
man shall become and continue in all
respects subject to this act.
Any workman who has become sub-
ject to this act shall, if he remains
in the service of the same employer,
continue subject to this act to and in-
cluding the next succeeding 30th day
of June and thereafter until and in-
cluding the 30th day of June of each
succeeding year unless at least thirty
days prior to June 30th in some year he
shall give written notice to his em-
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4,
ployer of his election not to be longer
subject to this act, whereupon and after
the succeeding first day of July such
workman shall be no longer subject
to this act.
Section 19. Every employer en-
gaged in any of said hazardous occu-
pations who shall not have served
notice of his election not to contribute
hereunder is hereby authorized and
required to retain from the moneys
earned by each of his workmen who
is subject to the act a sum equal to
five-tenths of one per cent of the
moneys so earned in each calendar
month, and in any event at least 25
cents each month, and is hereby re-
quired, on or before the fifteenth day
of the next .su?ceedin g month to ~ay
to the CommIsSIOn the sum so retained
and an additional sum equal to six
times such amount.
Employers and workmen shall be re-
lieved from contributions to said fund
under the following conditions:
For the purpose of this section all
employers shall be held to be included
in Class A or Class B.
Class A shall include the following
industries:
Electric light and power companies,
telephone and telegraph companies,
railroads and street railroads, water
works, mining of all kinds, logging and
lumbering operations, quarries, smelt-
ing and reduction works, shipbuilding
and stevedoring, stone crushing works,
grain elevators, ice factories and cold
storage plants, general construction
work of all lrinds, including excava-
tion, erection of structures and wreck-
ing and repair of same, grading, ce-
ment and concrete work, manufacturies
of chemicals, lumber, mineral waters,
rope and cordage, fireworks, pulp and
paper, paper boxes and bags, cement
and furniture, wood working' plants of
all kinds, including cooperage, packing
houses, powder works, iron, steel and
metal works, foundries, breweries, gas
works, oil works, and cereal mills.
Class B shall include all other indus-
tries subject to this act, including those
brought under its operation in pur-
suance of the provisions of Section 31
hereof.
vVhenever an employer included in
1913. 23
Class A shall have made payments
into said fund, not including, however,
moneys retained from his workman's
wages, of an amount equal to three
per cent of his annual payroll com-
;mted by taking twelve times his current
monthly payroll of workmen subject to
this 'act, he shall thereafter be ex-
empted from making further payment
to such fund, provided that such em-
ployer shall not be entitled to such
exemption if there shall have been paid
out of said fund or set apart there-
from as hereinafter proviaed, on ac-
count of injuries sustained by his
workmen, sums which when deducted
from the amount so paid by him shall
reduce his payments to an amount less
than three per cent of his annual pay-
roll. Such exemption shall continue
until the amount paid by the employer
shall either by subtracting therefrom
payments made from such fund to-
gether with money set apart therefrom
on account of injuries sustained by his
workmen or by an increase in his pay-
roll fall below a sum equal to three
per cent of his annual payroll, so com-
puted, whereupon his obligation to
make such payments shall be the same
as hereinbefore required.
Wherever an employer, included in
Class B shall have made payment into
said fund, not including, however,
moneys retained from his workmen's
wages, of an amount equal to one and
one-half per cent of his annual payroll
computed by taking twelve times his cur-
rent monthly payroll of workmen sub-
ject to this act, he shall thereafter be
exempted from making further pay-
ment to such fund, provided that such
employer shall not be entitled to such
exemption if there shall have been paid
out of said fund or set apart there-
from as hereinafter provided, on ac-
count of injuries sustained by his work-
men, sums which when deducted from
the amount so paid by him, shall re-
duce his payments to an amount less
than one and one-half per cent of his
annual payroll. Such exemption shall
continue until the amount paid by the
employer shall either by subtracting
therefrom payments made from such'
fund together with moneys set apart
therefrom on account of injuries sus-
 24 PAMPHLET CONTAINING MEASURES TO BE
tained by his workmen or by an in-
crease in his payroll fall below a sum
equal to one and one-half per cent of
his annual paYroll, so computed, where-
upon his obligation 1O make such pay-
ments shall be the same as hereinbe-
fore required.
In computing the amount paid out
or set apart from ,said fund by reason
of injuries sustained by the workmen
of an employer for the purpose of de-
termining the right of such employer
to exemption from contribution here-
under, no account shall be taken of
sun1S paid out or set apart in any
calendar year in excess of six per cent
of such employer's total payroll for
such year. ,Vhenever any employer
shall have been relieved 0: the obl'iga-
tion to continue payments to such fund
as in this section provided, he shall
during the period of such exemption
cease retaining any sums hereunder
from the wages of any workmen.
Neither the employer nor the work-
man shall be entitled to the exemption
provided by this section unless there
shall be in said industrial accident fund
sufllcientmoneys to meet all payments
vlhich shall ha,ve then accrued 'with a
surplus of 10 per cent thereon, and
unless there shall have been set apart
by the State Treasurer from said fund
the amounts hereinafter required, on
account of injuries rcsulting in death
or permanent disability.
Section 20. There is hereby created
a fund to be known as the industrial
accident fund, which fund shall be held
by the State Treasurer and by him
deposited in such banks as are auth-
orized to receive deposits of the gen-
eral funds of the State. All moneys
received by the Commission hereun(18r
shall be by it paid over forthwith to
the State Treasurer and shall become
a pflrt of the industrial accident fund,
and there is hereby appropriated out
of any moneys in the general fund in
thE! State Treasury not otherwise' ap-
propriated the sum of fifty thousand
dollars ($50,000), which shall become
a part of such fund. There is also
. appropriated annually out of any
moneys in the State Treasury not
otherwise appropriated a sum equal to
one-seventh of the total sum which
shall be received by the State Treas-,
urer under the provisions of Section 19
hereof, and the moneys so appropriated
shall become a part of such fund. All
payments authorized by this act, in-
cluding all salaries, clerk hire and all
other expenses, shall be made from the
industrial accident fund.
Section 21. If any workman while
he is subject to this act and in the
ser,'ice of an employer who is thus
bound to contribute to the inc1ustl:ial
accident fund shall sustain a personal
injury by accident arising out of and
in the course of his employment caused
by violent or external 111cans he, or his
beneficiaries or dependents, if the in-
jury result in death, shall receive com-
pensation according to the following
schedule;
(a) Where death results from the
injury and expenses of burial shall, be
paid in all cases not to exceed one
hundred dollars ($100) in any case,
and
(1) If the worl{man leaves. a widow
or invalid widower, a monthly payment
of thirty dollars ($30) shall be paid
throughout the life of the surviving
spouse, to cease at the end of the
lTIonth in which l'01narriage shall occu.r;
and the surviving spouse shall alHo· Te-·
ceive six dollars ($6) per month for
each child of the deceased under the
age of sixteen years at the time of the
occurrence of the injury until such
minor shall reach the age of sixteen
years, but the total monthly payment
under this paragraph (1) shall not
exceed fifty dollars ($50). Upon re-
marriage of a widow she shall receive
once for all a lump sum equal to ten
times her monthly allowance, viz; the
sum of three hundred dollars ($300),
but the monthly payments for the child
or children shall continue as before.
(2) If the workman leaves no' wife
or husband but ~ child or children
under the age of sixteen year:;;, a
monthly payment of fifteen dollaJ.:s
($15) shall be made to each child un-
til such child shall reach the age. of
sixteen years; In·ovided, however, that
if any child is under the age of six-
teen years and over the age 'Of fifteen
years, he shall be en ti tIed to recover
such payments for a period of one
r--·----~J,.,4.··~~------------------------------------~
r "
SUBMITTED TO VOTERS OF OREGON, NOVEMBER
year, but the total monthly payment
shall not exceed fifty dollars ($50),
and any defici t shall be deducted pro-
portionately among the beneficiaries.
(3) If the workman leaves no widow,
widower, or child under the age of six-
teen years, but leaves a' dependent or
dependents, a monthly payment shall
be made to each dependent equal to 50
per cent of the average monthly sup-
port actually received by such depend-
ellt from the workman during the twelve
months next preceding the occurrence
of the injury, but the total payment
to all dependents in any case, shall not
exceed thirty dollars ($30) per month,
If any dependent is under the age of
sixteen years at the time of the oc-
currence of the injury, the payment to
such dependent shall cease when such
dependent shall reach the age of six-
teen years, excepting a daughter, the
payment to whom shall cease when she
shall have reached the age of eighteen
years; provided, however, that if any
child is under the age of sixteen yeats
and over the age of fifteen years, he
shall be entitled to recover such pay-
ments for a period of one year: The
paynient to any dependent shall cease,
if, and when, under the same circum-
stances, the necessity creating the de-
pendency would have ceased if the
injury had not happened.
If the workman is under the age of
21 years and unmarried at the time
of his death, the parents or parent of
the 'workman shall receive twenty-five
dollars ($25) per month for' each
month after his death until the time
at which ,he would have arrived at the
age of twenty-one years, provided, how-
eV81', that such parents shall be en"
titled thereafter to compensation as
dependents under the provisions of the
first clause of this paragraph (3).
(4) In the event a surviving spouse
receiving monthly payments shall die
leaving a child or children under the
age of sixteen years, the sum he or
she' shall be receiving' on account of
such child '01' children shall thereafter,
until such child shall arrive at the age
of sixteen years,be paid 'to the child
increased"toftfteen dollars per month;
providing, howeve,', that if any such
child is under the age of sixteen years
...
T
4, 1913. 25
and over the age of fifteen years he
shall be entitled to recover such pay-
ments for a period of one year, but the
total to all children shall not exceed the
sum of fifty dollars ($50) per month.
(b) Permanent total disability means
the loss of both legs or both arms, or
one leg and one arm, total loss of eye-
Sight, paralysis, or other condition per-
manently incapacitating the workman
from performing any work at any gain-
ful occupation.
\Vhen permanent total disability re-
sults from the injury, the workman
shall receive monthly during the period
of such disability:
(1) If unmarried at the time of the
injury, the sum of thirty dollars ($30).
(2) If the workman have a wife or
invalid husband, but no child under
the age of sixteen years, the sum of
thirty-five dollars ($35). If the hus-
band is not an invalid the monthly
payment of thirty-five dollars ($35)
shall be reduced to thirty dollars ($~O).
(3) If the workman have a wife or
husband and a child or children under
the age of sixteen years, or being a
widow or widower, have any such child
or children, the monthly payment pro-
vided in the preceding paragraph shall
be increased by six dollars ($ 6) for
eaeh such child until such child shall
arrive at the age of sixteen years, but
the total monthly payment shall not
exceed fifty dollars ($ 5 0).
(0) If the injured workman die dur-
ing such period of total disability,
whatever the cause of death, leaving a
\vido\v, invalid v;rido\ver, or child, under
the age of sixteen years, the surviving
\vido"r, or invalid widower, shall 1'e-
c~ive thirty dollars ($30) per inonth
until death or remarriage, to be in-
creased six dollars ($6) per month for
each child under the age of sixteen
years until such child shall arrive at
the age of sixteen years; but if such
child is, or shall be, without father
or mother, such child shall receive fif-
teen dollars ($15) per month until
arriving at the age of sixteen years;
provided, however, that if any child is
under the age of sixteen years and
over the age of fifteen years, heshaU
be entitled to reeover such payment for
the period of one year. The total com-
26 PAMPHLET CONTAINING MEASURES TO BE
bined monthly payment under this par-
agraph shall in no case exceed fifty
dollars ($50). Upon remarriage, the
payments on account of a child or
children shall continue as before to
the child or children.
(el) ,V-hen the total disability is only
temporary the schedule of payments
contained in paragraphs 1, 2, and 3
of the foregoing subdivision "b" shall
apply so long as the total disability
shall continue, increased 50 per cent
for the first six months of such con-
tinuance, but in no case shall the in-
crease operate to make the monthly
payment exceed 60 per cent of the
monthly wage (the daily wage multi-
plied by 26) the workman was receiv-
ing at the time of 11is injury.
(e) ·When the disability is or be-
comes partial Gmly and is temporary
in character, the workman shall re-
ceive for a period not exceeding two
years that proportion of the payments
provided for total disability which his
earning power at any Itind of work
bears to that existing at the time of
the occurrence of the injury.
(f) Permanent partial disability
means the loss of either aIle arm, one
hand, one foot, loss of hearing in one
or both ears, loss of one eye, one or
more fingers, any dislocation where
ligaments are severed, or any other
injury known in surgery to be per-
manent partial disability. Where per-
manent partial disability shall result
from any injury, the workman shall
receive the sum of twenty-five dollars
($25) a month for the period stated
against such injury, respectively as
follows:
In case of the loss by separation of
one arm at or above the eblow joint,
or the permanent and complete loss
of the use of one arm, ninety-six (96)
months.
The loss by separation of one hand
at or above the wrist joint, or the
permanent and complete loss of the
use of one hand, seventy-six (76)
months ..
'I.'he loss by separation of one leg,
at or above the knee joint, or the
permanent and complete loss of the
use of one leg, eighty-eight (88)
months.
The loss by separation of one foot
at or above the ankle joint, or the
permanent and complete loss of the
use of one foot, sixty-four (64)
months.
'I.'he permanent and complete loss of
hearing in both ears, ninety-six (96)
months.
The permanent and complete loss of
hearing in one ear, forty-eight (48)
months, or, at the option of the work-
man, nine hundred dollars ($900) in
a lump sum.
The permanent and complete loss of
the sigh t of one eye, forty ( 40)
months, or, at the option of the wol"lt-
man, eight hundred and fifty dollars
($850) in a lump sum.
The loss by separation of a thumb,
twenty-four (24) months, or, at the
option of the worltman, six hundred
dollars ($600) in a lump sum.
The loss by separation of a first
finger, sixteen (16) months, or, at the
option of the workman, three hundr0.d
fifty dollars ($350) in a lump sum;
the second finger, nine (9) months,
or, at the option of th() workman, two
hundred dollars ($200) in a lump sum;
a third finger, eight (8) months, or,
at the option of the workman, one
hundred and seventy-five dollars ($175)
in a lump sum; a fourth finger, six
(6) months, or, at the option of the
workman, one hundred and fifty dol-
lars ($150) in a lump sum.
The loss of one phalange of the
thumb shall be considered equal to the
loss of one-half a thumb; the loss of
one phalange of a Anger, equal to the
loss of one-third of a finger, aRd the
loss of two phalanges of a finger, equal
to the loss of one-half a finger, and
the compensation for the respective
proportions of the above period or in
the respective proportions of the above
lump sum shall be payable. The loss of
more than one phalange of a thumb, or
more than two phalanges of a finger
shall be considered as the loss of an
entire thumb or finger.
The loss by separation of a great
toe, ten (10) months, or, at the option
of the workman, two hundred and
fifty dollars ($250) in a lump sum;
any other toe, four (4) months, or,
at the option of the workman, one
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER
hundred dollars ($100) in a lump sum.
In all other cases of injury result-
ing in permanent partial disability, the
compensation shall bear such relation
to the periods stated in this clause as
the disabilities bear to those produced
by the injuries named in this schedule,
and payments shall be made for pro-
portionate periods, not exceeding, how-
e\:er, ninety-six (96) months, and in
all such cases where the period of pay-
ment shall not exceed twelve (12)
months, but in none other shall the
workman be entitled to a lump sum
equal to the present value of such
monthly payments computed at an in-
terest rate of four per cent per annum.
If any workman entitled to com-
pensation on account of a permanent
disability shall have received compen-
sation for either temporary total dis-
ability or temporary partial disability
by reason of the same injury which
shall entitle him to compensation for
permanent partial disability, the num-
ber of months during which he shall
be entitled to payments for such per-
manent partial disability shall be re-
duced by the number of monthly pay-
ments which he shall have received on
account of such temporary total dis-
ability or temporary partial disability.
(g) For every case of injury re-
sulting in death or permanent total
disability or permanent partial dis-
ability on account of which deferred
payments are provided for a period
exceeding twenty-four (24) months, it
shall be the duty of the Commission
forthwith to notify the State Treas-
urer in writing of the amount required
to equal at four per cent interest per
annum the present worth of the month-
ly installments payable on account of
such injury, the number of such pay-
ments being computed in case of per-
manent total disability according to
.the age of the injured workman, and
in the case of death according to the
ages 0.( the beneficiaries, both of such
computations being according to the
American mortality table and the ex-
pectation of life thereunder, and in
case of permanent partial disability
according to the schedule above pre-
scribed. Thereupon the State Treas-
urer shall' transfer from the accident
4, 1913 .. 27
fund to a fund to be known as the
segregated accident fund the amount
so specified by the Commission. All
moneys comprised in the segregated
accident fund shall be invested by the
State Treasurer in the class of securi-
ties authorized for the investment by
banks of savings deposits under the
law of this State. The segregated ac-
cident fund and its earnings shall be
charged with the payment of the in-
stallments on account of Which such
segregations shall be made. The State
Treasurer shall keep an accurate ac-
count of the earnings of and payments
from the segregated accident fund and
may bo.rro.w fro.m the accident fund to
meet monthly payments pending co.n-
versio.n into cash of any security and
in such case shall repay such tem-
porary loan out of the cash realized
from the secnrity. Any deficiency in
the segregated accident fund shall. be
made good out of and any balance
or overplus shall revert to the acci-
dent fund.
(h) Should a further accident oc-
cur to a v;,rorkman already receiving a
monthly payment under this section
for a disability, or who has been pre-
viously the recipient of a lump smh
payment under this act, his future
compensation sha II be adjusted ac-
cording to the other provisions of this
section and with regard to the com-
bined effect of his injuries and his
past receipt of money under this act.
(0 If aggravation, diminution or
terminatlon of disability takes place
or be discovered after the rate of com-
pensation shall have boen established
or compensation terminated in any
case, the Commission may, upon the
application of the beneficiary, or upon
its own motion, readjust for future
application the rate of compensation
in accordance with the 'rules in this
section proyided, or, in a proper case,
terminate the payments.
(j) A husband or wife of an in-
jured worlrman, who has deserted said
injured workman for more than one
year prior to the time of the injury
or subsequently shall not be a benefici-
ary under this act.
(k) If a beneficiary shall reside or
remove out o.f the State and shall have
28 PAMPHLET CONTAINING MEASURES TO BE
been such nonresident for a period of
one year, the Commission may, in its
discretion, convert any monthly pay-
ments thereafter to become due to such
beneficiary into a lump sum payment,
not in any case exceeding four thou-
sand dollars ($4,000), by paying a sum
equal to three-fourths of the present
value of such monthly payments, esti-
mated as to duration by the life ex-
pectancy of the beneficiary in case of
death or total permanent disability and
computed according to the American
mortality table and on the basis of
interest at the rate of four per cent
per annum, or, with the consent of the
beneficiary for a lesser sum, and in
any case the Commission may, in its
discretion, pay over to any beneficiary
in a lump sum an amount not exceed-
Ing one-fourth of the present value of
the monthly installments payable to
such beneficiary and computed as afore-
said, and thereupon all subsequent
monthly installments shall be propor-
tionately reduced.
Section 22. If injury or death re-
sults to a workman from the delib-
erate intention of the workman him-
self to produce such injury or death,
neither the workman nor the widow,
widower, child or dependent of the
workman shall receive any payment
whatsoever out of the accident fund.
If injury or death results to a worl{-
man from the deliberate intention of
his employer to produce such injury
or death, the workman, the widow,
Widower, child or dependent of the work-
man shall [ have 1 the privilege to tal{e
under this act, and also have cause
of action against the employer, as if
this act had not been passed, for dam-
ages OVer the amount payable here-
under.
A minor working at an age legally
permitted under the laws of this State
shall be deemed 81<i jU1'is for the pur-
pose of this act, and no other person
shall have any cause of action or right
to compettsationfor an injury to sUCh
minor workman except as expressly
provided herein, but in the event of a
lump sum payment becoming due un-
der this act to such minor workman,
the control and management of any
sum so paid shall be within the jurls-
diction of the courts as in the case. of
other property of minors.
Section 23. The Commission shall
have authority to provide, under uni-
form rules and regulations, first aid
to workmen who are entitled to bene-
fits hel'eunder, together with transpor-
tation, medical and surgical attend-
ance and hospital accommodations for
injured workmen at an expense not
exceeding two hundred and fifty dol-
lars ($250) in anyone case, and to
contract therefor in its discretion. The
Commission may in its discretion auth-
orize employers to furnish or provide,
at the expense of the Commission and
upon terms fixed by it, such transpor-
tation, attendance and accommoda-
tions; p1'ovided, howevc1', that all such
transportation, attendance and accom-
modations shall be at all times sub-
ject to the supervision and control of
the Commission.
Section 24. If any employer shall
default in any payment to the acci-
dent fund hereinbefore required, the
amount of such payment shall be col-
lected by an. action at law in the name
of the Commission as plaintiff, and
such right of action shall be in ad-
dition to any other right of action or
remedy. In respect to any injury hap-
pening to any of his workmen during
the period of such default in any pay~
ment required hereunder, the default-
ing employer shall not, if such default
be after demand for payment, be en-
titled to any of the benefits of this act,
but shall be liable to the injured work-
man (or the husband, wife, child or
dependent of such workman in case
death result from the injury) as he
would. have been prior to the passage
of this act.
In case the recovery actually col-
lected from the employer shall equal
or exceed the compensation to which
tile claimant would be entitled under
this act, the claimant shall be entitled
to nothing out of the accident fu'nd; if
such amount shall be less than. the com-
pensation herein. provided, the accident
fund shall contribute such deficiency.
The person entitled to clainiunder this
section shall ,have the choice, to be
exercised before commencing suit
against such defaulting employer, ot
 SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4,
_proceeding by suit against such em-
ployer or of taking under this act. If
such person shall elect to take under
this act, the cause of action shall be
assigned to the Commission for the
benefit of -the accident fund. In any
suit brought upon' such cause of action
the defenses withdrawn by Section 15
hereof from employers electing not' to
contribute hereunder shall be inadmis-
sible. Any slich cause of action as-
signed to the Commission may be
pi'osecuted or compromised by -it in
Its discretion. Any compromise by an
Individual claimant under this section
which would result in a deficiency to
be made good out of the accident fund
may be -made only upon the written
approval of the Commission.
Section 25. If any workman shall
sustain an injUry which the Commis-
sion shall determine to have been
caused in whole or in part by the
failure of his employer to install or
maintain any safety appliance, device
or safeguard required by statute, such
workman, or, if such injury result in
death, then the husband, wife, child
or dependent of such workman, shall
have the same rights against such em-
ployer as in the case of <tn employer
. defaulting in payments due here-
under, arid all of the provisions of the
preceding section -shall appiy with re-
spect to such claim; provided, in case
the worlnnan or his beneficiary- pro-
ceeds against the employer he shall
have no claim against the accident
fund.
Section 26. No moneys payable on
account of injuries or death hereunder
shall be subject to assignment prior to
the receipt thereof by the beneficiary
entitled thereto, nor shall the same
pass by operation of law. All moneys
paid or payable hereunder. and the
right to receive the same 'shall be ex-
empt from seizure on execution, at-
tachment or garnishment, or by the
process of any cou;t.
Section 27. (a) Where a workman
Is entitled to compensation under this
act he shall file with the Commiss.lon
his application for such, together with
the cEihlficate of the phYsician who at-
tended him, and it shall be the duty of'
the physician to Inform the injured
1913. 29
workman of his rights under this act,
and to lend all necessary assistance in
making this application for compensa-
tion and such proof of other matters
as required by the rules of the Com-
mission, without charge to the work-
man.
(b) Where death results from in-
jury, the parties entitled to compen-
sation under this act, or some one in
their behalf, shall make application
for the same to the Commission, Which
application must be accompanied with
proof of death and proof of relation-
ship showing the parties to be entitled
to compensation under this act, cer-
tificates of attending physician, if any,
and such other proof as required by
the rules of the Commission.
(0) If change of circumstances war-
rant an increase or rearrangement of
compensation, like' application shall be
made therefor. No increase _or re-
arrangement shall be operative for any
period prior to application therefor.
(d) No application shall be valid
or claim thereunder enforceable unless
filed within one year after the day up-
on which the injury occurred or the
right accrued,
Section - 28. Any workman entitled
to receive compensation under this act
is required, if requested by the Com-
mission, to submit himself for medical
examination at a time and from time
to time at a place reasonably conveni-
ent for the workman and as may be
provided by the rules of the Commis-
sion. If the workman refuses to sub-
mit to any such examination, or ob-
structs the same, his rights to month-
ly payments shall be suspended until
such examination has taken place, and
no compensation shall be payable dur-
Ing or for account of such period.
Section 29, Whenever any accl.dent
occurs to any workman it shall be the
duty of the employer to at once report
such accident and the injury resulting
therefrom to the Commission; and also
to any local representative of the Com-
mission, Such report shall state:
(1) The time, cause and nature of
the accident and injuries, and the prob-
able duration of the injury resulting
therefrom,
(2) Whether the accident arose out
r
30 PAMPHLET CONTAINING MEASURES TO BE
of or in the course of the injured per-
son's employment.
(3) Any other matters the rules and
regulations of the Commission may
prescribe.
Section 30. The books, records and
payrolls of the employer pertinent to
administration of this act shall always
be open to inspection by the Commis-
sion or its traveling auditor, agent or
assistant, for the purpose of ascertain-
ing the correctness of the payroll, the
men employed, and such other infor-
mation as may be necessary for the
Commission and its management under
this act. Refusal on the part of the
employer to report accidents or to
submit said books, records and pay-
roll for such inspection to any mem-
ber of the Commission, or any assist-
ant presenting written authority from
the Commission, shall subject the of-
fending employer to a penalty of one
hundred dollars ($100) for each of-
fense, to be collected by civil action in
the name of the State and paid into
the accident fund, and the individual
who shall personally give such refusal
shall be guilty of a misdemeanor.
Section.31. Any employer and his
workmen engaged in works other than
those defined in Section 13 hereof may
accept the provisions of this act and
become subject thereto and entitled to
the benefits thereof by filing with the
Commission their written election to
that effect.
Section 32. Any employer, work-
man, beneficiary or person feeling ag-
grieved by any decision of the Com-
mission affecting his interests under
this act may haVe the same reviewed
by a proceeding 'in the nature of an
appeal and initiated in the circuit court
of the' county in which the accident
occurred,' or in which he' resides, and
such appeal shall have' precedence over
all 'other cases except 'criminal cases,
amI the court shall determine whether
thEr.· Commission has justly considered
all the facts concerning injury, whether
it has exceeded the powers granted it
by . this act, whether it has miscon-
strued the law and facts applicable in
the case decided. If the court shall
determine that the Commission has
acted within its powers and has cor-
rectly construed the law and facts the
decision of the Commission shall be
confirmed; otherwise, it shall be re-
versed and modified. Upon the hear-
ing .of such an appeal the court in its
discretion may submit to a jury any
question of fact involved in such an
appeal. The proceedings in every such
appeal shall be informal and summary,
but full opportunity to be heard shall
be had before judgment is pr.onounced.
No such appeal shall be entertained
unless notice of appeal shall have been
served by mail or personally upon some
member of the Commission within thirty
days follOWIng the renditi.on of the
decision appealed from and actual com-
municationthereof to the person af-
fected thereby. No bond shall be re-
quired except that an appeal by the
employer from a decision .of the Com-
mission under Section 25 shall be in-"
effectual unless within. fiye days .fol-
lowing the service .of notice thereof a
bond with surety satisfactory to the
court shall be filed, conditioned to per-
form the judgment .of· the court. Ex-
cept in the case last named an appeal
shall not be a stay. If the decision. of
the Commission shall be reversed or
modified the fees of the medical au'd'
other witness'es and the costs shall be
paid out of the industrhl1 accident
fund if the industrial accident fund is
affected by the litigation. In other
respects the practice in civil cases shall.
apply. Appeal shall lie from the judg-
ment .of the circuit court as in other
civil cases. The Attorney General shall
be the legal adviser of the Commis-
sion and shall represent it in all.pro-
ceedings whenever so required by any."
.of ·the CommiSSioners. In all court:'
proceedings under .or pursuant. to this
act the decision of the Co.mmi~sion
shall be W'ima facie correct' and the'
burden of proof shall be upon the party
attacking same.
Section 33. Disbursement ..out of the
funds shall be made .only. upon· war-
rants drawn by the 'Secretary of State
upon vouchers therefor transmitted to
him ,by the CommiSSion and audited by
him. The State Treasurer shall to
such extent as ~hal1 appear to him to
be advisable, keep the moneys of the
unsegregated portion ot the accident·
 !
/
SUBMITTED TO VOTERS OF OREGON, NOVEMBER 4. 1913. 31

funQ invested at interest in the class be deemed to abrogate the rights of

of securities authorized for the invest- the employee under the present em-
ment by panl,s of savings deposits un- ployers' liability law, in all cases wher 0

der the laws of this State. The State
Treasurer sh(l,ll be~le on-hil3 offidal
bond for the ~afe custody of the
moneys aI)d securities of the accident
fund and the segregated accident fund.
Section 34. Nothing in this act shall
the employee, under this act, is given
the right to bring suit against his
employer for an injury.
Filed in the office of the Secretary
of State February 25, 1913.

This book
WILL BE DUE
in the Library on the last date given below. A
fine of ONE CENT will be charged for each day
the book is Jrept over time. Renewal may be had
upon request, if the book is no~=::erved. ______ _
--------------------
\ .
... \ .... .
I
I ....... [ .. .

:I
·1
:.:.:" \:
::::::::.:::.. ................ .

: \ •••••......................
This Is the 'Vay the Measures Will Appear on the Official Ballot

REFERENDUM ORDERED BY PETITION OF THE , PEOPLE

STATE UNIVERSITY BUILDING REPAIR FUND-Referred by au-
thority of Mr. H. J. Parkison, as Secretary, Oregon Higher Educa~
tiona:! Institutions Betterment League, No. 409 Oregonian Build-
ing, Portland, Oregon.-Its purpose is to '1H'ovi<1f' .ftmds fO'J"repairs
and additions to the State University BuiId';.~gs, as'~oUoWf:;: Library
Building, thirty thousand dollars; Engineering Building, fifteen
thousand dollars; Deady Hall, ten ,thousand dollars; heating plant,
ten thousand dollars. Vote YES or NO
,~OO. Yes.
301. No.
UNIVERSITY OF OREGON NEW BUILDING APPROPRIATION-Re-
jerred by authol'ity of Mr. H. J. Parkison, as Secretary, Oregon
Higher Educational Institutions Betterment League, No. 409 Ore-
gonian Building, Portland, Oregon.-Its purpose is to provide funds
to construct, equip and furnish a modern fire-proof administration
and class-room building, and to extend the heating plant to the
same. The amount appropriated therefor is one hundred thousand
dollars ($100,000). Vote YES 01' NO
302. Yes.
303. No.
STERILIZATION ACT-Referred by authority of Mrs. Lora C. Little,
as Vice-President, Anti-Sterilization League, No. 7110 43rd Avenue,
Portland, Ol'egon.-Its purpose is to authorize the State Board of
Health to order such surgical operations as the Board shall adjudge,
to be performed upon habitual criminals, moral degenerates and
sexual perverts, both male and female, and defining who shall be
considered as such, the same being persons confined in some State
institution. Vote YES 01' NO
304. Yes.
305. No.
COUNTY ATTORNEY ACT-Referred by authority of MI'. J. E. Craib,
No. 431 \Vol'cestm' Building, Portland, Oregon.-Its purpose is to
provide a District Attorney for each county in the State and to
fix their salaries in lieu of the present system of having a District
Attorney for several counties, clothed with the authority to appoint
deputies for other counties. Vote YES 01' NO
306. Yes.
307. No.
WORIWEN'S COMPENSATION ACT-Referred by authority of Mr.
'Wilfred E. Farrell, No. 623 Lumbermens Building, Portland, Ore-
gon.-The purJlose of this measure is to create a State Industrial
Accident Commission, composed of three Commissioners, to provide
a fund for the compensation of injured workmen employed in
hazardous occupations, to be raised partly by the State, partly by
employers and pal'tly by employees, the Commission to determine
the amount under the act to be paid any person 01' persons on
account of any injury received in the course of his employment.
Vote YES or NO
308. Yes.
309. No.