represent the workmen's compensation bureau and shall be notified by the clerk forthwith of the filing of such appeal.

Within thirty (30) days after filing his appeal the appellant shall file a petition in the ordinary form against such bureau as defendant, and further pleadings shall be had in said cause, according to the rules of civil procedure, and the court shall determine the right of the claimant, and if it determines the right in his favor shall fix his compensation within the limits prescribed in this act; and any final judgment so obtained shall be paid by the workmen's compensation bureau out of the workmen's compensation fund in the same manner as awards are paid by such bureau.

The cost of such proceeding, including a reasonable attorney's fee Costs. to the claimant's attorney, to be fixed by the trial judge, shall be taxed against the unsuccessful party.

Either party shall have the right to prosecute error as in the ordinary civil cases.

SEC. 18. If the original claim for compensation has been made within the time specified in section fifteen the bureau may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation.

Review.

dents.

SEC. 19. Every employer of the State shall keep a record of all in-, Reports of acci juries, fatal or otherwise, received by his employees in the course of their employment. Within one week after the occurrence of an accident resulting in injury, report thereof shall be made in writing to the workmen's compensation bureau upon blanks to be procured from the bureau for that purpose. Such report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, address, and occupation of the injured employee, and shall state the time, the nature, and cause of injury, and such other information as may be required by the bureau. Any employer who refuses or neglects to make any report required by this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500) for each offense.

SEC. 20. When an injury or death for which compensation is payable under this act shall have been sustained under circumstances creating in some other person than the North Dakota workmen's compensation fund a legal liability to pay damages in respect thereto, the injured employee, or his dependents, may, at his or their option, either claim compensation under this act or obtain damages from or proceed at law against such other person to recover damages; and if compensation is claimed and awarded under this act, the North Dakota' workmen's compensation fund shall be subrogated to the rights of the injured employee or his dependents to recover against that person: Provided. If the workmen's compensation fund shall recover from such other person damages in excess of the compensation already paid or awarded to be paid under this act, then any such excess shall be paid to the injured employee or his dependents, less the expenses and costs of action.

Liability of third person.

Waivers.

SEC. 21. No agreement by an employee to waive his rights to compensation under this act shall be valid. No agreement by any employee to pay any portion of the premium paid by his employer into the North Dakota workmen's compensation fund shall be valid, and any employer who deducts any portion of such premium from the wages or salary of any employee entitled to the benefits of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars ($100) for each offense. SEC. 22. Any assignment of a claim for compensation under this act Assignments, shall be void and all compensation and claims therefor shall be exempt from all claims of creditors.

SEC. 23. Whoever makes, in any affidavit required or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment for not more than one year, or by both such fine and imprisonment.

etc.

False claims,

etc.

Prosecutions.

Annual reports.

Provisions severable.

Appropriation.

Act in effect.

SEC. 24. Upon the request of the bureau the attorney general, or under his direction, the State's attorney of any county, shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of this act, or for the recovery of any money due the workmen's compensation fund, or any penalty herein provided for, arising within the county in which he was elected, and shall defend in like manner all suits, actions, or proceedings brought against the bureau or the members thereof in their official capacity.

SEC. 25. Annually, on or before the 1st day of December, the workmen's compensation bureau, under the oath of at least two of its members, shall make a report to the governor for the preceding fiscal year, which shall include a statement of the number of awards made by it, and a general statement of the causes of accidents leading to the injuries for which the awards were made, a detailed statement of the disbursements from the workmen's compensation fund, and the condition of its respective funds, together with any other matters which the bureau deems proper to call to the attention of the governor, including any recommendation it may have to make, and it shall be the duty of the bureau from time to time to publish and distribute among employers and employees such general information as to the business transacted by the bureau as in its judgment may be useful.

SEC. 26. Should any section or provision of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the act as a whole or any part thereof other than the part so decided to be unconstitutional.

SEC. 27. There is hereby appropriated out of any funds in the State treasury not otherwise appropriated the sum of $50,000, or as much thereof as may be necessary, to put into effect the provisions of this act. The workmen's compensation bureau shall reimburse the general fund of the State, out of the workmen's compensation fund, for all money appropriated, expended, or disbursed on behalf of said bureau.

SEC. 28. Whereas, an emergency exists, in order that the bureau hereby created may be in a position to receive contributions to the insurance fund and to make disbursements therefrom July 1, 1919, therefore an emergency is hereby declared to exist, and this act shall take effect and be in force immediately after its passage and approval. Approved March 5, 1919.

OHIO.
CONSTITUTION.

ARTICLE II.-Legislative-Compensation of workmen for injuries.

surance system.

SECTION 35. For the purpose of providing compensation to workmen Compulsory inand their dependents for death, injuries, or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a State fund to be created by compulsory contribution thereto by employers, and administered by the State, determining the terms and conditions upon which payment shall be made therefrom, and taking away any or all rights of action or defenses from employees and employers; but no right of action shall be taken

away from any employee when the injury, disease, or death arise Right of action. from failure of the employer to comply with any lawful requirement

for the protection of the lives, health, and safety of employees. Laws

may be passed establishing a board which may be empowered to classify Board of classiall occupations according to their degree of hazard, to fix rates of fication, etc. contribution to such fund according to such classification, and to collect, administer, and distribute such fund, and to determine all

rights of claimants thereto.

Adopted, 1912.

Industrial commission—Administration of workmen's insurance law.

SEC. 871-1 (as amended by act, p. 95, acts of 1919). The industrial Appointment. commission of Ohio, heretofore created, shall be composed of three members to be appointed by the governor, with the advice and consent of the senate. Such appointment shall be made to take effect upon the expiration of the present term of each member, and each of such appointments hereafter made shall be for the term of six years. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment, or affiliations, can be classed as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment, or affiliations can be classed as a representative of employees; not more than two of the members of said commission shall belong to the same political party.

SEC. 871-2. The governor, at any time, shall remove any member of the industrial commission of Ohio for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

Removal.

Inconsistent

SEC. 871-3. No commissioner shall hold any position of trust or profit, or engage in any occupation or business, interfering or incon-employments. sistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party.

SEC. 871-4 (as amended by act, p. 26, acts of 1915). Each of Salary. said commissioners shall receive an annual salary of $4,000, payable in the same manner as the salaries of other State officers are paid. Before entering upon the duties of his office, each commissioner shall take and subscribe the constitutional oath of office and shall swear or affirm that he holds no position under any committee of a political party, which oath or affirmation shall be filed in the office of the governor. Each member of the commission shall give a bond in the sum of $10,000, which bond shall be approved by the governor and filed with the treasurer of State. All employees or deputies of the commission receiving or disbursing funds of the State shall give bond to the State in amounts and with surety to be approved by the commission.

* *

Bonds.

SEC. 871-6. The commission shall keep and maintain its office in Offices. the city of Columbus, Ohio. * The commission may hold sessions in any place within the State of Ohio.

Seal.

Sessions.

Records.

Additional du

ties.

Board created.

Quorum.

Employees.

Expenses.

SEC: 871-8. The commission shall have an official seal for the authentication of its orders and proceedings, upon which seal shall be engraved the words "The Industrial Commission of Ohio," and such other design as the commission may prescribe; and the courts in this State shall take judicial notice of the seal of the said commission, and in all cases copies of orders, proceedings, or records in the office of the indus trial commission of Ohio, certified by the secretary of the said commission under its seal, shall be equal to the original as evidence.

SEC. 871-9 (as amended by an act, p. 157, acts of 1917). The indus trial commission of Ohio shall be in continuous session and open for the transaction of business during all business hours of each and every day, excepting Sundays and legal holidays. The sessions of said commission shall be open to the public and shall stand and be adjourned without further notice thereof on its record. All of the proceedings of said commission shall be shown on its record, which shall be a public record, and all voting shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the record of proceedings as cast. Said commission shall keep a separate record of its proceedings relative to claims coming before it for compensation for injured and the dependents of killed employees which record shall contain its findings and the award in each such claim for compensation considered by it and in all such claims the reason or reasons for the allowance or rejection thereof shall be stated in said record. Said commission may hold sessions at or in any place in the State of Ohio.

*

*

SEC. 871-12 (as amended by act, p. 656, acts of 1913). The indus trial commission shall supersede and perform all of the duties of the State liability board of awards, * and said commission on and after the first day of September, 1913, as successor of the said liability board of awards, shall be vested with and assume and exercise all powers and duties cast by law upon said liability board of awards, and on the first day of September, 1913, the term of office of the members constituting the said State liability board of awards of Ohio shall cease and terminate, together with all rights, privileges, and emoluments connected therewith.

Workmen's insurance-State liability board.

(Page 524, arts of 1911; amended, pages 72 and 395, acts of 1913.)

SEC. 1465-37. There is hereby created a State liability board of awards. This body has been superseded by the industrial commission of Ohio. See section 871-1 et seq., above.]

SEC. 1465-41. A majority of the board shall constitute a quoruis for the transaction of business and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full board so long as a majority remains. Any investigations, inquiry, or hearing which the board is authorized to hold, or undertake, may be held or undertaken by or before any one member of the board. All investigations, inquiries, hearings, and decisions of the board, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the board.

The board may hold sessions at any place within the State. SEC. 1465-43. The board may employ a secretary, actuaries, accountants, examiners, experts, clerks, physicians, stenographers, and other assistants, and fix their compensation. Such employment and compensation shall be first approved by the governor and shall be paid cot of the State treasury. The members of the board, secretary, actuaries. accountants, inspectors, examiners, experts, clerks, physicians, [d> graphers, and other assistants that may be employed shall be entitled to receive from the State treasury their actual and necessary expense while traveling on the business of the board, and the members of the board may confer and meet with officers of other States and officers of the United States on any matters pertaining to their official duties Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the board.

SEC. 1465-44. The board shall adopt reasonable and proper rules to Rules. govern its procedure, regulate and provide for the kind and character of notices, and the services thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to benefits of compensation from the State insurance fund, hereinafter provided for, the forms of application of those claiming to be entitled to benefits of compensation therefrom, the method of making investigations, physical examinations, and inspections, and prescribe the time within which adjudications and awards shall be made.

SEC. 1465-45 (as amended by act, p. 313, acts of 1919). Every employer shall furnish the industrial commission of Ohio upon request, all information required by it to carry out the purpose of this act. In the month of January of each year every employer of the State employing five or more employees regularly in the same business, or in or about the same establishment, shall prepare and mail to the commission at its main office in the city of Columbus, Ohio, a statement containing the following information, viz: The number of employees employed during the preceding year from January 1st to December 31st, inclusive; the number of such employees employed at each kind of employment, and the aggregate amount of wages paid to such employees, which information shall be furnished on a blank or blanks to be prepared by the commission; and it shall be the duty of the commission to furnish such blanks to employers free of charge upon request therefor. Every employer receiving from the commission any blank, with directions to fill out the same, shall cause the same to be properly filled out so as to answer fully and correctly all questions therein propounded, and to give all the information therein sought, or if unable to do so, he shall give to the commission in writing good and sufficient reasons for such failure. The commission may require that the information herein required to be furnished be verified under oath and returned to the commission within the period fixed by it or by law. The commission or any member thereof, or any person employed by the commission for that purpose, shall have the right to examine, under oath, any employer, or the officer, agent or employee thereof for the purpose of ascertaining any information which such employer is required by this act to furnish to the commission.

Any employer who shall fail or refuse to furnish to the commission the annual statement herein required, or who shall fail or refuse to furnish such other information as may be required by the commission under authority of this section, shall be liable to a penalty of five hundred dollars, to be collected in a civil action brought against said employer in the name of the State; all such penalties, when collected, shall be paid into the State insurance fund and become a part thereof. SEC. 1465-46. The information contained in the annual report provided for in the preceding section, and such other information as may be furnished to the board by employers in pursuance of the provisions of said section, shall be for the exclusive use and information of said board in the discharge of its official duties, and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the board is a party to such action or proceeding, but the information contained in said report may be tabulated and published by the department, in statistical form, for the use and information of other State departments and the public. Any person in the employ of the board who shall divulge any information secured by him in respect to the transactions, property, or business of any company, firm, corporation, person, association, copartnership, or public utility to any person other than the members of the board, while acting as an employee of the board, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and shall thereafter be disqualified from holding any appointment or employment with the board.

SEC. 1465-47 (as amended by act, p. 313, acts of 1919). Each member of the industrial commission of Ohio, its secretary, director of claims, all inspectors, examiners, and claims referees appointed by the commission shall, for the purposes contemplated by this act, have power to administer oaths, certify to official acts, take depositions,

Duty of ployers.

em

Information confidential.

Powers of mem. bers.