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chines, carriage mountings, bicycles, metal toys, tools, cutlery, instruments, photographic cameras and supplies, sheet metal products buttons.

24. Manufacture of agricultural implements, threshing machines, traction engines, wagons, carriages, sleighs, vehicles, automobiles, motor trucks, toy wagons, sleighs, or baby carriages.†

25. Manufacture of explosive and dangerous chemicals corrosive acids or salts, ammonia, gasoline, petroleum, petroleum products, celluloid, gas, charcoal, gun powder or ammunition.

26. Manufacture of paint, color, varnish, oil, japans, turpentine, printing ink, printers' rollers, tar, tarred, pitched or asphalted paper.

27. Distilleries, breweries; manufacture of spirituous or malt liquors, alcohol, wine, mineral water or soda waters.

28. Manufacture of drugs and chemicals, not specified in paragraph 25, medicines, dyes, extracts, pharmaceutical or toilet preparations, soaps, candles, perfumes, non-corrosive acids. or chemical preparations, fertilizers, including garbage disposal plants; shoe blackening or polish.

29. Milling; manufacture of cereals or cattle foods, warehousing; storage; operation of grain elevators.

30. Packing houses, abattoirs, manufacture or preparation of meats or meat products of glue.

31. Tanneries.

32. Manufacture of leather goods and products, belting, saddlery, harness, trunks, valises, boots, shoes, gloves umbrellas, rubber goods, rubber shoes tubing ties or hose.

33. Canning or preparation of fruit, vegetable, fish or foodstuffs; pickle factories and sugar refineries.

34. Bakeries, including manufacture of crackers and biscuits, manufacture of confectionery, spices or condiments.

35. Manufacture of tobacco, cigars, cigarettes or tobacco products.

37. Flax mills; manufacture of textiles or fabrics, spinning, weaving and knitting manufactories; manufacture of yarn,

† See opinion of S. I. A. C., Claim 281, Joseph Sebrick, employee, as to blacksmithing in connection with wage on manufacturing.

thread, hoisery, cloth, blankets, carpets, canvas, bags, shoddy or felt.

38. Manufacture of men's or women's clothing, white wear, shirts, collars, corsets, hats, caps, furs or robes.

39. Power laundries; dying, cleaning or bleaching.

40. Printing, photo-engraving, stereotyping, electrotyping, lithographing, embossing; manufacture of stationery, paper, cardboard boxes, bags, or wall paper; and book-binding.

41. The operation, otherwise than on tracks, on streets, highways or elsewhere of cars, trucks, wagons or other vehicles, and rollers and engines propelled by steam, gas, gasoline, electric, mechanical or other power, or drawn by horses and mules.*

42. Stone cutting or dressing; marble works; manufacture of artificial stones; steel building and bridge construction; instal lation of elevators, fire escapes, boilers, engines or heavy ma chinery; brick-laying, tile-laying, mason work, stone setting, concrete work, plastering; and manufacture of concrete blocks; structural carpentry; painting, decorating or renovating; sheet metal work; roofing; construction, repair and demolition of buildings and bridges; plumbing, sanitary or heating engineering; installation and covering of pipes or boilers.

43. In addition to the employments set out in the preceding paragraphs, this Act is intended to apply to all extra hazardous employments not specifically enumerated herein.†

(The

This section is the one amended by 1916, ch. 597. The occupation of a driver of an ice wagon comes within the provision of this sub-section. Court was construing the Act prior to the amendment of 1916.) American Ice Company vs. Fitzhugh (Daily Record, May 6, 1916), decided in the Maryland Court of Appeals, April 26, 1916. See also opinion of S. I. A. C., Claim 36, John W. Russell, employee, as to coverage in the case of drivers of horses and mules (Daily Record, December 7, 1915).

COVERAGE.-See opinion of S. I. A. C., Claim 262, William L. Bennett, employee, a private chauffeur. See opinion of S. I. A. C., Claim 966, John A. Lewis, employee. Claim as waiter and porter at hotel disallowed.

See opinion of S. I. A. C., Claim 529, Rachel Peaco, claimant, who was a chauffeur's helper. Claim allowed. See opinion of S. I. A. C., Claim 470. Lillian Lipscomb, employee. Her claim as saleslady allowed. See opinion of S. I. A. C., Claim 607, Arlie P. Pippin. Claim, saleslady in dry goods store. Claim disallowed. See opinion of S. I. A. C., Claim 506, Mrs. Laura Dora, charwoman at moving-picture establishment. Claim disallowed. See opinion of S. I. A. C., Claim 645, Harry Blechman, employee. Claimant was a ticket-seller in moving-picture business. Claim disallowed. See opinion of S. I. A. C., Claim 746, Philip L. Smallwood, employee. Porter in a warehouse. Claim disallowed. See opinion of S. I. A. C., Claim 1177, Frank W. Krug, employee, as to occupation al dis

1914, ch. 800, sec. 33.

33. Any employer, his employee or employees engaged in works not extra hazardous, within the meaning of this Act, may, by their joint election, tiled with the Commission, accept the provisions of this Act, and such acceptance, when approved by the Commission, shall subject them to the provisions of this Act to all intents and purposes as if they had been originally included in its terms.

Any workman of the age of sixteen years and upwards may 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 years by his parents or guardian. Nothing herein shall be construed to apply to workmen of less than the minimum age prescribed by law for the employment of minors in the occupation in which such workman shall be engaged.

The provisions of this Act shall apply to employers and employees engaged in intrastate and also in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that any such employer and any of his workmen only in this State may, with the approval of the Commission, and so far as not forbidden by any Act of Congress, voluntarily accept the provisions of this Act by filing written acceptances with the Commission, which shall subject the acceptors to the provisions

ease. See opinion of S. I. A. C., Claim 761, Mary Jones, employee. Nurse. Claim disallowed. See opinion of S. I. A. C., Claim 2509, Winfield D. Denham, employee, as to farm helper. Claim was disallowed. See opinion of S. I. A. C., Claim 2736, Leonora F. Moore, claimant, as to riding in wagon of customer. Claim disallowed. (Daily Record, April 15, 1916.) See opinion of S. I. A. C., Claim 464, Mrs. William J. Lessner, claimant. The deceased was a driver of a bread wagon, and it appeared that the foot brake had slipped and injured his leg, from which it was claimed death resulted. The claim was allowed. See opinion of S. I. A. C., Claim 144, Lucy Forest, employee, as to coverage. Cook at hotel. See opinion of S. I. A. C., Claim 334, Toba and Mary Brenner, claimants, as to junk dealer. Claim allowed. This claim was appealed to the Baltimore City Court, and then to the Court of Appeals of Maryland, upon a question of jurisdiction, which alone was passed upon. Brenner vs. Brenner, 127 Md. 189.

of this Act to all intents and purposes as if they had been originally included in its terms.*

Ibid, sec. 332

34. Whenever there shall have been enacted by the Congress of the United States, and shall be in effect, any act providing an exclusive remedy and compensation to employers of common carriers by railroads while employed in interstate or foreign commerce, who sustain personal injury by accident arising out of and in the course of such employment and resulting in disability, or to the dependents of such employees in case such injury results in death, it shall be lawful for any such common carrier by railroad in this State and its employees or any of them, by agreement between such employer and employees, to provide for the payment by the employer of compensation in the amounts at the times and in the manner specified in said Act of Congress to any employee who, while employed by such employer in commerce or business wholly within this State, sustains personal injury by accident arising out of and in the course of his employment and resulting in his disability, or to the dependents, as defined in said Act of Congress, of such employee in case such injury results in his death; and in and by such agreement to stipulate and agree that, except as provided therein, such employer shall not be civilly liable for any injury to or death of any such employee resulting from any such accident.

If any such employer shall file with the Commission an instrument in writing under its corporate seal, offering to enter into such an agreement with all and any of its employees in this State and referring to such Act of Congress, and shall cause notice of such offer filed to be published once each week for three successive weeks following the date of such filing in a newspaper published in each county in this State, through which such employer runs regularly any freight or passenger train, and in two newspapers published in the City of Baltimore, if such employer runs regularly any freight or passenger

See opinion of S. I. A. C., Claim 1824, Alice Hopkins, claimant, as to jurisdiction of Commission as effected by Federal Employer's Liabiltiy Act with distinction between negligence and non-negligence case in Interstate Railway em ploy. (Daily Record, March 9, 1916.)

train into or through said city, every employee of such employer shall be conclusively presumed to accept such offer of the employer and to have entered into such offer of the employer and to have entered into such agreement, unless such employee shall, within thirty days after the filing of such offer by the employer, file with the Commission a notice in writing or statement declining such offer; and at the expiration of said period of thirty days the term of said agreement shall be mutually binding upon the employer and upon every employee not so declining, but any employee or the employer may, at any time, by filing with the Commission not less than thirty days' notice in writing of his or its intention so to do, terminate such agreement upon this or its part as to all accidental injuries occurring after the expiration of such notice.

Ibid, sec. 332.

35. Whenever the State, county, city or any municipality shall engage in any extra hazardous work, within the meaning of this Act, in which workmen are employed for wages, this Act shall be applicable thereto. Whenever and so long as by State law, City Charter or Municipal Ordinance, provision equal or better than that given under the terms of this Act is made for municipal employees injured in the course of employment, such employees shall not be entitled to the benefits of this Act.*

Ibid, sec. 36. 1916, ch. 597. 1916, ch. 368.

36. Each employe (or in case of death his family or de pendents) entitled to receive compensation under this Article shall receive the same in accordance with the following schedule, and except as in this Article otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever.

(1) Permanent total disability. In case of total disability adjudged to be permanent, fifty per centum of the average weekly wages shall be paid to the employe during the continuance of such total disability, exclusive of the first week, not to ex

See opinion of S. I. A. C., Claim 407, Martha C. Myer, claimant, as to coverage (municipal employer), death (cause of), extra-hazardous (firing heating boiler). Claim against city allowed.

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