"The
State Industrial Accident Commission wrongfully professes
to have power and authority to deprive plaintiff of his
right of action or to a civil trial in the said cause, and
wrongfully professes to have power and authority, and is
threatening to and will, unless restrained by this court
deprive this plaintiff of his right of trial of said cause
of action before a jury or before any of the established
circuit courts of the state of Oregon, more especially
before the circuit court of the state of Oregon otherwise
having jurisdiction thereof, and wrongfully professes to
have power and authority to determine the amount which
plaintiff shall receive in payment by reason of said
injuries, and to cause plaintiff to accept from said State
Industrial Accident Commission a sum which it may see fit
to award plaintiff in full and complete discharge and
satisfaction of all of his claims arising from the matters
herein alleged, and that the said State Industrial Accident
Commission bases its claim upon and in virtue of an act, to
wit, House Bill No. 27, entitled, 'An act creating the
State Industrial Accident Commission and providing an
industrial accident fund, making an appropriation for such
fund and providing for the administration of the terms of
this act, providing for the collection and disbursement of
funds for the benefit, compensation and care of workmen
prescribing the duties 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 negligence and
the negligence of a fellow servant in actions for personal
injury and death,' filed in the office of the secretary
of state of the state of Oregon, February 25, 1913, and
acts amendatory thereto and thereof. * * * Thos. B. Kay, as
state treasurer of the state of Oregon, wrongfully and
without right professes and claims to be empowered by the
said act to pay, and unless restrained by an order of this
court will pay, to each of the said commissioners
constituting the State Industrial Accident Commission the
sum of $3,600 a year each as salary for their acts as such
and will make such payments out of a fund purported to be
created by and referred to in said act; and, further, the
said state treasurer claims and asserts power and authority
to pay, and unless restrained by order of this court will
pay, out of such funds divers sums of money for all and
every of the various purposes set forth in said act, and
wrongfully and without right asserts power and authority to
pay, and unless restrained by order of this court, will
pay, out of said fund such sums of money as the commission
above named may see fit to allow to various and numerous
injured workingmen, and by such payment the said state
treasurer will divert large sums of money collected as
taxes to the payment of the various sums designated in said
act. * * *
"The
acts of the defendants State Industrial Accident Commission
and Thos. B. Kay, state treasurer of the state of Oregon, in
enforcing the said legislative enactment known as and called
the Workmen's Compensation Act of Oregon, are, and each
of them is, wrongful and unlawful in this: That the said act
(Session Laws of Oregon 1913, page 188), filed in the office
of the Secretary of State, February 25, 1913, commonly known
as and called the Oregon Workmen's Compensation Act, is
unconstitutional and void and conflicts with the provisions
of the Constitution of the state of Oregon, as well as the
Constitution of the United States in the following
particulars, to wit: (1) It vests judicial powers and
functions in an administrative and executive board, to wit
the Oregon Industrial Accident Commission, and thereby
attempts to combine judicial and executive functions in
violation of section 1, article 3, of the Constitution of
Oregon. (2) It arbitrarily fixes a limit on sums to be
allowed for personal injuries, and thereby passes judgment by
legislative enactment on the amount which any injured person
falling within its purview may recover, and is violative of
section 1, art. 3, of the Constitution of Oregon in that the
Legislature, by fixing such judgments, attempts to and did
exercise judicial powers. (3) It is not within the police
powers of the state. (4) It provides a system of awards based
upon sociological reasons, and disregards the individual and
personal right of an injured employé to recover such
injuries, and thereby violates section 10, art. 1, and
section 17, art. 1, of the Oregon Constitution. (5) It
imposes taxes which are general throughout the state. Such
act has not been ratified by the voters of the state at a
general election, as provided in section 1a, art. 9, of the
Constitution of Oregon as amended by laws of 1911, at page 9
and therefore is not in force. (6) It violates subdivision 3,
§ 23, art. 4, in this: Section 32 of the said act attempts to
provide and regulate a special practice in courts of justice.
It further violates subdivision 10 of section 23, art. 4, of
the Constitution of the state of Oregon, in that it purports
to and provides for the assessment and collection of taxes
for state purposes, and is a special act on both the subjects
herein specified. (7) It violates the Constitution of Oregon
at section 7 of article 9, in this: It creates public offices
and makes appropriations for the salaries of the officers
therein designated and other current expenses of the state,
and embraces subjects other than those relating to the
salaries of such officers and the current expenses of the
state. In addition to such subjects, it purports to and does
embrace acts on the following subjects: (a) Creating the
State Industrial Accident Commission; (b) providing an
industrial accident fund; (c) making an appropriation for
such fund; (d) providing for the administration of the terms
of the act; (e) providing for the collection and disbursement
of funds for the benefit, compensation, and care of workmen;
(f) prescribes the duties of employers and workmen subject to
the act; (g) provides penalties for violations of the terms
of the act; (h) abolishes certain defenses in certain cases;
(i) attempts to regulate rights where injuries to a laboring
man are caused by third persons; (j) provides a system of
appeals and regulates practice thereon. (8) It vests judicial
power in the State Industrial Accident Commission without
providing for a jury trial before it, and attempts to make
its decisions binding unless appealed from, and thereby
deprives injured laborers of their right of jury trial in
civil cases, and is violative of section 17, art. 1, section
1a, art. 1, and section 10, art. 3, of the Constitution of
Oregon. (9) It provides for the determination of questions
involving the extent of injuries and the amount to be
recovered by injured workingmen, and vests the determination
of such questions in the said Oregon Industrial Accident
Commission, and does not require notice to be given to the
injured workingmen of the time or place of hearing, nor
require process to procure the attendance of witnesses, nor
does it require that a time and opportunity be given to such
injured workmen to be heard in respect to their rights, and
therein it does not provide due process of law to persons
falling within its purview, and is violative of section 10,
art. 1, of the Constitution of the state of Oregon. (10) It
attempts to compel workmen to make an election in advance of
injuries received between the awards under the act and the
constitutional right to proceed in a civil jury case
guaranteed by section 10, art. 1, and section 17, art. 1, of
the Constitution of Oregon. (11) At sections 2 and 3 of the
Workmen's Compensation Act, it provides for the
appointment and removal of commissioners. It does not provide
for their election and recall, and the said act vests
judicial power in said commissioners and is violative of
section 18, art. 2, of the Constitution of Oregon. (12) At
section 20 of said act, it attempts to make annual
appropriations out of any moneys in the state treasury not
otherwise appropriated, and makes such appropriations for a
period of time extending beyond the life of the Legislative
Assembly which passed the act, and thereby violates sections
1, 2, and 3, article 9, of the Constitution of Oregon. (13)
It violates sections 7, 8 and 9, article 11, of the
Constitution of Oregon in this: That at section 20 of the
said act an appropriation is made out of any moneys in the
general fund in the state treasury not otherwise
appropriated, and there is also appropriated annually out of
any moneys in the state treasury not otherwise...
