charging its obligations to any and all persons carrying insurance in the same or entitled to relief or benefits therein.

(c) Any contract, oral, written or implied, of employment providing for relief benefit, or insurance or any other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this act shall be null and void, and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both, in the discretion of the court.

SEC. 28. Any person, who shall become entitled to compensation under the provisions of this act, shall, in the event of his inability to recover such compensation from the employer on account of his insolvency, be subrogated to all the rights of such employer against any insurance company, association, or insurer which may have insured such employer against loss growing out of the compensation required by the provisions of this act to be paid by such employer, and, in such event only, the said insurance company, association, or insurer shall become primarily liable to pay to the employee or his personal representative the compensation required by the provisions of this act to be paid by such employer.

SEC. 29 (as amended by act, p. 505, acts of 1917). Where an injury or death for which compensation is payable by the employer under this act, was not proximately caused by the negli gence of the employer or his employees, and was caused under circumstances creating a legal liability for damages in some person other than the employer to pay damages, such other person having also elected to be bound by this act, or being bound thereby under section three (3) of this act, then the right of the employee or personal representative to recover against such other persons shall be subrogated to his employer and such employer may bring legal proceedings against such other person to recover the damages sustained in an amount not exceeding the aggre gate amount of compensation payable under this act, by reason of the injury or death of such employee. Where the injury or death for which compensation is payable under this act was not proximately caused by the negligence of the employer or his employees and was caused under circumstances creating a legal liability for damages on the part of some person other than the employer to pay damages, such other person having elected not to be bound by his act, then legal proceedings may be taken against such other person to recover damages notwithstanding such employer's payment of or liability to pay compensation under this act, but in such case if the action against such other person is brought by the injured employee or his personal representative and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, then from the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or his personal representative: Provided, That if the injured employee or his personal representative shall agree to receive compensation from the employer or to institute proceedings to recover the same or accept from the employer any payment on account of such compensation, such employer shall be subrogated to all the rights of such employee or personal representative and may maintain, or in case an action has already been instituted, may continue an action either in the name of the employee or personal representative or in his own name against such other person for the recovery of damages to which but for this, section the said employee or personal representative would be entitled, but such employer shall nevertheless pay over to the injured employee or personal representative, all sums collected from such other person by judgment or otherwise in excess of the amount of such compensation paid

or to be paid under this act, and all costs, attorneys' fees and reasonable expenses incurred by such employer in making such collection and enforcing such liability.

SEC. 30. It shall be the duty of every employer within the provisions of this act to send to the industrial board in writing an immediate report of all accidental injuries arising out of or in the course of the employment and resulting in death; it shall also be the duty of every such employer to report between the 15th and the 25th of each month to the industrial board all accidental injuries for which compensation has been paid under this act, which injuries entail a loss to the employee of more than one week's time, and in case the injury results in permanent disability, a further report shall be made as soon as it is determined that such permanent disability has resulted or will result from such injury. All reports shall state the date of the injury, including the time of day or night, the nature of the employer's business, the name, address, the age, sex, conjugal condition of the injured person, the specific occupation of the injured person, the direct cause of the injury and the nature of the accident, the character of the injury, the length of disability, and, in case of death, the length of disability before death, the wages of the injured person, whether compensation has been paid to the injured person, or to his legal representatives or his heirs or next of kin, the amount of compensation paid, the amount paid for physicians', surgeons', and hospital bills, and by whom paid, and the amount paid for funeral or burial expenses, if known. The making of-reports as provided herein shall release the employer covered by the provisions of this act from making such reports to any other officer of the State.

SEC. 31 (as amended by act, p. 490, acts of 1917). Any one engaging in any business or enterprise referred to in subsections 1 and 2 or paragraph (b) of section 2 of this act who undertakes to do any work enumerated therein, shall be liable to pay compensation to his own immediate employees in accordance with the provisions of this act, and in addition thereto if he directly or indirectly engages any contractor, whether principal or subcontrac tor to do any such work, he shall be liable to pay compensation to the employees of any such contractor or subcontractor unless such contractor or subcontractor shall have insured, in any company or association authorized under the laws of this State to insure the liability to pay compensation under this act, or guaranteed his liability to pay such compensation.

In the event any such person shall pay compensation under this section he may recover the amount thereof from the contractor or subcontractor, if any, and in the event the contractor shall pay compensation under this section he may recover the amount thereof from the subcontractor, if any.

Accidents to be reported.

Contractors.

guarded,

This section shall not apply in any case where the accident occurs elsewhere than on, in or about the immediate premises on which the principal has contracted that the work shall be done. SEC. 32 (as amended by act, p. 505, acts of 1917). If any of Rights of acthe provisions of this act providing for compensation for injuries tion safeto or death of employees shall be repealed or adjudged invalid or unconstitutional, the period intervening between the occurrence of any injury or death and such repeal or final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Any claim, disagreement or controversy existing or arising under "An act to promote the general welfare of the people of this State, by providing compensation for accidental injuries or death suffered in the course of employment," approved June 10, 1911, in force May 1, 1912, shall be adjusted in accordance with the provisions of said act, notwithstanding the repeal thereof, or may by agreement of the parties be adjusted in accordance with the method of pro

Violations.

Title.

Provisions severable.

Officers and boards.

cedure provided in this act for the adjustment of differences, jurisdiction to adjust such differences so submitted by the parties being hereby conferred upon the industrial board or committee of arbitration provided for in this act.

SEC. 33. Any willful neglect, refusal, or failure to do the things required to be done by any section, clause, or provision of this act, on the part of the persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any court officer, or any other person charged with the duty of administering or enforcing the provisions of this act, shall be deemed a misdemeanor, punishable by a fine of not less than $10 nor more than $500 at the discretion of the court.

SEC. 33 (added by act, p. 400, acts of 1915). This act may be cited as the workmen's compensation act.

SEC. 34. The invalidity of any portion of this act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part.

ACTS OF 1917.

Department of labor-Industrial commission.

(Page 2.)

SECTION 5. In addition to the directors of departments, the fol lowing executive and administrative officers, boards and commissions, which said officers, boards and commissions in the respective departments shall hold offices hereby created and desig nated as follows:

Industrial * commission.

IN THE DEPARTMENT OF LABOR.

The industrial commission, which shall consist of five officers designated industrial officers. SEC. 7.

*

Of the five industrial officers, two shall be representative citl zens of the employing class operating under the workmen's com pensation act, two shall be representative citizens chosen from among the employees operating under such act, and the other shall be a representative citizen not identified with either the employing or employee classes.

SEC. 9. The executive and administrative officers whose offices are created by this act shall receive annual salaries, payable in equal monthly installments, as follows:

dollars.

*

Each industrial officer shall receive five thousand

SEC. 44. The department of labor shall exercise and discharge the rights, powers and duties vested by law in the industrial board under an act *** [workmen's compensation law] approved June 28, 1913, in force July 1, 1913 [p. 335, acts of 1913]. or any future amendments thereto or modifications thereof.

Said act and all amendments thereto and modifications thereof, if any, shall be administered by the industrial commission created by this act, and in its name, without any direction, supervision, or control by the director of labor.

Approved March 7, 1917.

INDIANA.

Compensation of workmen for injuries.

[The compensation law of the State (chapter 106, acts of 1915), is amended by various acts of 1917. Section 1 is amended by chapter 165 by adding thereto the following:]

This act shall not apply to railroad employees engaged in train service.

Certain railroad employees

[Section 28 is amended by chapter 81 by reducing the waiting exempt. time from 14 days to 7 days, and making liability payments begin the eighth day after the injury. Corresponding changes are also made in sections 29, 30, and 57.

Sections 59, 60, and 61 are amended by chapter 63 so as to read as follows:]

SECTION 59. The board, by any or all of its members, shall hear Award. the parties at issue, their representatives and witnesses, and shall determine the dispute in a summary manner. The award shall be filed with the record of proceedings, and a copy thereof shall immediately be sent to each of the parties in dispute.

SEC. 60. If an application for review is made to the board within Review. seven days from the date of an award, made by less than all the members, the full board, if the first hearing was not held before the full board, shall review the evidence, or, if deemed advisable, hear the parties at issue, their representatives and witnesses as soon as practicable and shall make an award and file same, with a finding of the facts on which it is based, and the rulings of law by the full board, if any, and send a copy thereof to each of the parties in dispute, in like manner as specified in the foregoing gection.

Appeals to

SEC. 61. An award of the board by less than all of the members, as provided in section 59, if not reviewed as provided in section court. 60, shall be final and conclusive.

An award by the full board shall be conclusive and binding as to all questions of fact, but either party to the dispute may, within thirty days from the date of such award, appeal to the appellate court for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.

The board, of its own motion, may certify questions of law to said appellate court for its decision and determination.

An assignment of error that the award of the full board is contrary to law shall be sufficient to present both the sufficiency of the facts found to sustain the award and the sufficiency of the evidence to sustain the finding of facts.

All such appeals and certified questions of law shall be submitted upon the date filed in the appellate court, shall be advanced upon the docket of said court, and shall be determined at the earliest practicable date, without any extensions of time for filing briefs.

An award of the full board, affirmed on appeal, shall be increased thereby five per cent.

45615°-Bull. 243—18—14

209