vacancy shall be filled by appointment of the Governor for the unexpired term, subject to confirmation by the Senate; but any such appointment shall be in full force until acted upon by the Senate.

(a) The governor may at any time remove any of said commissioners for any inefficiency, neglect of duty or malfeasance in office. Before such removal he shall give such commissioner a copy of the charges against him, and shall fix a time when he can be heard in his own defense, which shall not be less than ten days thereafter, and said hearing shall be open to the public. If such commissioner be removed, the governor shall file in the office of the Secretary of State a complete statement of all charges made against such commissioner, and his findings thereon, with a record of the proceeding.

(b) No commissioner, nor the secretary of said board, shall hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office as a member of said board.

(c) Before entering upon the duties of his office each of sail commissioners shall take and subscribe the constitutional oath of office and shall give a bond with sureties approved by the governor in favor of the state of Ohio, in the penal sum of Ten Thousand ($10,000.00) Dollars, conditional for the faithful discharge of his duties as a member of said board.

In case of misconduct in office by any commissioner causing pecuniary injury to the insurance fund to be administered by said board, the said bond may be sued upon by the Attorney General at the direction of the governor, in the proper court of Franklin County, Ohio, and any recovery on said bond shall be paid into the said insurance fund.

(d) Each of the said commissioners shall receive an annual salary of Five Thousand ($5,000.00) Dollars payable in the same manner and in the same installments as the salaries of other state officers are paid, but payable out of the special fund hereinafter provided for.

(e) The said commissioners appointed under this code shall within twenty days after their appointment and qualification, meet at the State Capitol and organize by electing one of their number chairman who shall serve until the next succeeling Monday in January and within thirty days prior to the second Monday in January in each year after their organization the said commissioners shall elect a chairman to serve for one year and until his successor is elected. A majority of such commissioners shall constitute a quorum to transact business and any two of said commissioners, may make an award of compensation under the provisions of this code; but such award shall always be subject to revision by the action of a majority of the board.

(f) Said commissioners shall appoint a secretary of said board at

a salary of not more than Twenty-five Hundred ($2,500.00) Dollars per annum, and may appoint not more than three (3) clerks, two (2) of whom shall receive an annual salary not exceeding One Thousand ($1,000.00) Dollars each, and one of whom shall be an expert stenographer and receive an annual salary not exceeding Twelve Hundred ($1,200.00) Dollars; and may employ such other expert inspectors and adjustors as the business of the said board may render necessary, and fix their compensation; but such appointments and compensations before becoming effectual shall be approved by the governor.

(g) The secretary shall take and subscribe to an oath similar to that of the commissioners, and shall keep full and correct records of the transactions and proceedings of the board, and of all awards of compensation made by the board, or by any two of its members, giving the date and amount of the award, the name and address of the beneficiary, the name of his employer, the cause and nature of his injury.

(h) The said commissioners shall be known collectively as the STATE BOARD OF COMPENSATION AWARDS OF Оmo, and in that name may sue and be sued. It shall have a seal with its name and such other design engraved thereon as the said board may prescribe, by which it shall authenticate its proceedings, and of which the courts shall take judicial notice.

(i) The said board shall keep its office at the State Capitol, and shall be provided by the Adjutant General with suitable room or rooms, necessary office furniture, supplies and equipment, and all necessary expenses shall be audited as other state expenses are audited and paid, but out of the special fund hereinafter created. The said board shall holl daily sessions at its said office for the transaction of business; but it, or any two of its members, may hold sessions at any place other than the Capitol when the necessity of the business of said Board seems to require it.

(j) The salaries of said commissioners, the compensation of their secretary, clerks and other employes, together with the actual necessary expenses incident to the administration of the insurance fund hereby provided, shall be paid out of the special fund hereinafter referred to.

(k) The commissioners shall have power to adopt and publish rules governing its proceedings and to regulate the mode and manner of all investigations and hearings before it, and the form in which applications for compensation shall be made and the form of reports to be required from the employer, from the examining physician, and the mode in which payment shall be made, and, generally, regulating the conduct of business before it; such rules to be approved by the governor and not to be inconsistent with the provisions of this code; but the payment of awards shall be made by draft signed by any two members of the commission payable to the order of the beneficiary and drawn upon the

State Treasury so that such draft may be cashed at the local bank of the beneficiary.

(1) No member of said Board shall participate in the consideration of any claim for compensation by any person of whom he is a creditor, or to whom he is related either by blood or marriage, or where he is otherwise personally interested in the matter.

SECTION 20. The said State Board of Compensation Awards shall have entire jurisdiction of the disbursement of the insurance fund provided for in this Code, and of determining the validity of all applications for compensation out of said fund, and of fixing the amount of the award in each instance; but so long as the award or any part of it remains unpaid their jurisdiction as to the amount of such award and as to the person in any particular class of beneficiaries to which the same shall be payable shall be continuing so that they may have power to make such changes therein as the circumstances may warrant, and as right and justice may require.

SECTION 21. The said State Board of Awards shall appoint one or more competent experienced physicians in each county who shall represent the Board in that county, all such appointments to be during the pleasure of the Board. Such resident physician shall receive from the employer or from the injured employe prompt notice of the occurrence of any injury for which compensation is intended to be claimed; and it shall be his duty forthwith to examine the injured party and to obtain from him, if he is in condition to make it, a statement of the cause of the accident, and to render to said injured party the first aid if the said injured party desires it.

It shall further be the duty of said physician to obtain from the employer at once a statement under oath showing whether the injured person was at the time in his employ, the rate of weekly wages he was receiving at the time of his injury, any facts or circumstances making an increase or decrease in such wages probable, and the cause of the injury. The said physician shall forward promptly to the said Board of Awards such report, together with his own report of the nature and extent of the injuries, including the statement made to him by the injured party, and an application signed by or on behalf of the injured party for compensation in such form as said board shall prescribe. For each case so examined, and reported upon, said physician shall receive a fee of $3.00, payable out of the expense fund of said board.

Upon receipt of such report the said board, or any two of its members, shall with all reasonable promptness consider the said application, make an award thereon, first if they deem it necessary making further investigation thereof or calling for further reports in regard thereto; and when said award is made prompt notice of the same shall at once be given in writing to the employer and to the employe. If within five

days thereafter either of the said parties protest to the said board against the said award the board shall give the protesting party reasonable opportunity to make further showing to it in regard to the claim. If no such protest is filed the board shall issue its warrant on the State Treasurer in favor of the injured party for the amount of said award or for the amount of the first installment thereof, and forward the same promptly to the party entitled thereto, and all subsequent installments of the award shall be paid in like manner.

The same course shall be followed so far as the same is applicable in case of injuries causing death; but in such case the physician representing the said Board of Awards shall make diligent inquiry and include in his report a statement as to who, if any, were the dependents of the deceased employe at the time of his death.

SECTION 22. Par. (a). In case the final action of the State Board denies the right of the claimant to participate at all in the insurance fund on the ground that the injury was self-inflicted, or on the ground that the accident did not arise in the course of the employment, or upon any other ground going to the basis of the claimant's right, then the claimant within thirty (30) days after notice of the final action of the State Board may, by filing his appeal in the common pleas court of his county, be entitled to a trial in the ordinary way, and be entitled to a jury if he demands it. In such a proceeding the prosecuting attorney of the county, without additional compensation, shall represent the State Board of Awards, and he 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 the said Board of Awards as defendant, and further pleadings shall be had in said cause according to the rules of civil procedure, and the court, or the jury, under the instruction of the court, if a jury is demanded, shall determine the right of the claimant; and, if they determine the right in his favor, shall fix his compensation within the limits and under the rules prescribed in this Code; and any final judgment so obtained shall be paid by the State Board of Awards out of the insurance fund in the same manner as awards of the board itself are paid.

The costs of said proceeding, including a reasonable attorney fee 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.

Par. (b). It is further provided that each employer as defined herein, shall pay, on or before January 1, 1912, and annually each year thereafter as herein provided, into the State Insurance Fund the premiums of liability risk and classes of employments as published by the state actuary as herein provided. The said employers shall make said.

payments to the county treasury of the county in which he resides or is conducting his business, and each county treasurer shall on or before January 1, 1912, and annually each year thereafter, remit all monies received as such premiums to the State Treasurer, who shall credit the same to the State Liability Insurance Fund. Each employer, when he has paid such premiums, shall file a statement showing the amounts of his monthly payroll, and the monthly average number of the employes employed by said employer during the previous six (6) months, and any matter which the state actuary may require as necessary for the proper determination of the table of premiums of risks, with the county treasurer to whom he has paid such premiums and duplicate thereof with the state actuary. The same to be verified by an affidavit by the employer, manager, or superior officer of said employer.

The County Treasurer on the receipt of the payment of the premiums paid as herein provided, shall give to each employer a receipt showing the amount of premiums paid by said employer. Said employer shall post copies of said receipt in conspicuous places about his place or places of business, and the same when so posted shall constitute sufficient notice to his employes.

Par. (c). Any employer amenable to this Act who fails to pay his premium within the time set forth above, shall not be protected or be entitled to the benefit of the provisions of this Act from the end of the last premium period.

Par. (d). No award shall be made by the State Board of Compensation Awards and no compensation shall be payable out of the State Insurance Fund unless the loss of earning power shall exceed five (5) per cent.

Par. (e). Basis of Estimated Premium. If a single establishment of work comprises several occupations listed in this section in different risk classes, the premium shall be computed according to the payroll of each occupation if clearly separable: otherwise an average rate of premiums shall be charged for the entire establishment, taking into consideration the number of employes and the relative hazards. In computing the payrolls the entire compensation received by every workingman shall be included, whether it be in the form of salary, wage, piecework, overtime, or an allowance in the way of profit sharing, premiums, or otherwise and whether payable in money, board or otherwise.

Par. (f). There is hereby granted to the State Board of Compensation Awards and to all persons vested herein with rights, powers, or obligations, such further powers as may be necessary and proper to carry out the purpose of this Code and are not inconsistent with the fundamental laws.

SECTION 23. Par. (a). Par. (a). For the purpose of providing a fund for the payment of the expenses for administering the insurance fund