Hays v. Federal Chemical Co.
| Citation | 268 S.W. 883 |
| Parties | HAYS v. FEDERAL CHEMICAL CO. |
| Decision Date | 21 February 1925 |
| Court | Supreme Court of Tennessee |
Appeal from Circuit Court, Davidson County; A. B. Neil, Judge.
Proceedings under the Workmen's Compensation Act by Mary Hays, for the death of her husband, claimant, opposed by the Federal Chemical Company, employer. From a judgment awarding compensation in an unsatisfactory amount, claimant appeals. Affirmed.
John T. Allen and W. S. Lawrence, both of Nashville, for Mary Hays.
Wm. Hume, of Nashville, for Chemical Company.
The question presented on this appeal is whether chapter 84 of the Acts of 1923, amending chapter 123 of the Acts of 1919, the Workmen's Compensation Act, so amends the earlier act as to entitle the widow of a deceased employee to 50 per cent. of the average weekly wages of her husband, instead of 30 per cent. of his average weekly wages, as provided in the original statute.
This question was before us in Caruthers v. Lake County Mfg. Co., Inc., 150 Tenn. ___, 263 S. W. 793, and was answered in the negative. We are now asked to reconsider our former holding.
The opinion in Caruthers v. Lake County Mfg. Co., Inc., supra, was rested largely on the proposition that if the Act of 1923 should be construed to amend the Act of 1919 as contended, it would be unconstitutional as containing matter not within the scope of its caption. Const. art. 2, § 17.
The caption of chapter 123 of the Acts of 1919 is as follows:
"An act to provide an elective system of workmen's compensation for industrial accidents; to prescribe the manner of election and the rights and liabilities of employers, employés, and third parties; to define and regulate the liability of employers to employés for injuries sustained by such employés in the course of their employment resulting in disability or death; to provide medical and surgical care for such injured employés; to provide compensation for injured employés; or in case of death, for the dependents of such employés; to make claims payable hereunder preferred claims, and to make all sums paid as compensation under this act exempt from the claims of creditors; to provide methods for insuring and securing the payment of such compensation; to make minors sui juris for certain purposes; to prescribe a method for the execution of this act and for the determination of liability of employers to employés for compensation, and to regulate the procedure in such cases; to provide revenue for the administration of this act; to provide for and regulate the business of insurance companies writing workmen's compensation insurance under this act, and to impose fees upon such insurance companies and upon employers and employés who are subject to this act; to provide penalties for violations of this act; and to make appropriations out of the revenue of the state for the purpose of executing and administering this act."
The caption of chapter 84 of the Acts of 1923 is in these words:
"An act to amend chapter 123 of the Published Acts of 1919, passed April 12, 1919, and approved April 15, 1919, being an act entitled `An act to provide an elective system of workmen's compensation for industrial accidents; to prescribe the manner of election and the rights and liabilities of employers, employees and third parties; to define and regulate the liability of employers and employees for injuries sustained by such employees in the course of their employment resulting in disability or death; to provide medical and surgical care for such injured employees; to provide compensation for injured employees, or in case of death for the dependents of such employees, to make claims payable hereunder preferred claims, and to make all sums paid as compensation under this act exempt from the claims of creditors; to provide methods for insuring and securing the payment of such compensation; to make minors sui juris for certain purposes; to prescribe a method for the execution of this act and for the determination of liability of employers to employees for compensation, and to regulate the procedure in such cases; to provide revenue for the administration of this act; to provide for and regulate the business of insurance companies writing workmen's compensation insurance under this act and to impose fees upon such insurance companies and upon employers who are subject to this act; to provide penalties for the violation of this act; and to make appropriations out of the revenue of the state for the purpose of executing and administering this act,' so as to provide that said act shall apply to employers engaged in the operation of coal mines and to employees thereof; to increase the maximum compensation from eleven ($11.00)...
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