. Electric railway journal . Thecourt, however, decided the act to be constitutional. Most innovations in their inception are crude, andin this respect Ohios compensation act was no excep-tion to the rule. This was an elective measure makingit optional with the employer as to whether or not hewould join the state fund, and his failure to make suchan election denied him, in an action for personal in-juries by an employee, the defenses of the fellow-serv-ant rule, assumption of risk and contributory negli-gence. It provided for the payment of premiums byboth employers and employees. Employers, h
. Electric railway journal . Thecourt, however, decided the act to be constitutional. Most innovations in their inception are crude, andin this respect Ohios compensation act was no excep-tion to the rule. This was an elective measure makingit optional with the employer as to whether or not hewould join the state fund, and his failure to make suchan election denied him, in an action for personal in-juries by an employee, the defenses of the fellow-serv-ant rule, assumption of risk and contributory negli-gence. It provided for the payment of premiums byboth employers and employees. Employers, however,were not to be stampeded, and out of a total of about18,000 employers only 4000 became members of thefund. This attitude, of necessity, resulted in lack offunds, and it was apparent that before the act couldbecome successful an amendment would be necessary,embracing the feature of compulsory membership. This, however, could not be done until there was anamendment to the state constitution. Accordingly, in H li WINSOR. A. D- BROWN
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