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THE FAIR PLAY, STE. GENEVIEVE, MO., OCTOBER 10, 1020. thn hurlnl expenses of n deceased employ. ;in.ss ho shnll hnvo furnished the sail, by authoilty of the widow or wmowpr. t , bedrest rclu Ivts of the deceased employ, I" tbo county of his death, his persona' re iMKentntlves. or the employer, wh slmll hnvo the rlgh to glvo such nutlmrlly In the order named. Ail foes nnd ctinrtrt tinder this section Khali lio fair and ron spnnble, shal lio snl.lect to regulation hv the commission and Hhall bo limited tc such as aro fair and reasonable for Rltn llar acrvlco to persons of u llle standard or living. The commission shall also have Jurisdiction to hear and determine all dis putes ns to such charges, If tho dcceasei' employe leaves no dependents the death boneflt In this suliseetlon provided shal' bp the limit of the liability of the em ployer under this act on account of such death, (b) Tho employer shall also pay to the total dependents of tho employe a death bcnoflt of two-thirds of his average an nual earnings for the year Immediately preceding the Injury, but not less thar nix dollars a week nor more than flfteer dollars a week for three hundred weeks, less the number of weeks during which compensation for the Injury was paid to the employe during his lifetime. If there bo total dependents no compensation shal' be payable to partial dependents or any other person, except as provided In par agraph (n) of this section. (o) If there be partial dependents, and no total dependents, a part of the death bnnflt herein provided In the case of total dependents, determined by the proportion of his contributions to all partial depend ents by the employe at the time of the Injury, shall be paid by the employer to each of such dependents proportionately (d) The word "dependent" as used In this net shall bo construed to mean a relative by hlood or marrlnge of n de ceased employe who Is actually dependent for support, in whole or in part, upon his wages at the tlmo of the Injury. The following persons shall bo conclusively presumed to be solely and totally depend ent for Bupport upon a deceased employe. 1. A wife upon a husband, and a hus band mentally or physically Incapacitated from wage earning upon a wife, with whom he or she l living at thu time of the Injury. 2. A natural, posthumous, or adopted child or children, whether legitimate or Illegitimate, under tho age of seventeen years, or over that age If physically or mentally Incapacitated from wage earn ing, with whom he is living at the time of tbo death of such parent, there being no surviving dependent parent or step parent In case there is more than one child thus dependent, the death benefit nhnll bo divided among them In such pin portlon as may be determined by the commission after considering their ages and other facts bearing on stich depend ency. In all other cases questions of total or partial dependency shall be determined In oecordanco with the facts at the time of the Injury, and In such other cu'et, If there is more than one person wholly de pendent, the denth benefit shall bo divided equally among them. (o) All death benefits provided for In this net shall be paid In Installments in the same manner as provided for disabil ity compensation. (f) livery employer shal! keep a record of the correct names and addresses of the dependents of each of bis employes, so far as possible and upon the death of an em ploye by accident nrlsing out of and In the course of his employment, shall Im mediately furnish the commission with the correct names and addresses of all dependents of such employe Section 22. Tbe basis for computing the compensation provided for In this act blmll be as follows (a) The compensation shall be com puted on the basis of the annual earnings which the Injured person received as Falnry, wages, or earnings If In the em ployment of the same employer continu ously during the year next preceding tho Injury. ' (I)) Employment by the same employer hall be taken to mean employment by tho same employer In the grade In which tho employe was employed at the time of tho accident, uninterrupted by absence from work due to Illness or any other uu Kvoldable cause. (c) If tho injured person has not been engaged In the employment of the same emplojcr for tho full year Immediately preceding the accident, the compensation shall be computed according to the an nual earnings which persons of tho same class tn tho same employment and same location (or If that bo impracticable, of neighboring employment!! of the s;uno kind) have earned during such period. (d) As to employes In employments In which It Is the custom to operate through out the working days of tho year, the annual earnings, if not otherwise deter minable, shall be regarded as 300 times tho avorago dally earnings in such com putation. (0) As to employes in employments In which It is tho custom to operate for a part of tho whole number of working days In each year, such number, if the annual earnings aio not otherwise, determinable, shall be used Instead of 300 as a basis for computing tho annual earnings Provided, the minimum number of days which shall bo so used for thu basis of tho years Work shall be not less than "00. (f) In tho case of injured employes who earn either no wage or less than the earnings of adult day laboiers in the same lino of employment in that locality, tho yearly wage shall bo reckoned according to the average annual earnings of adults of the samu class In the name (or if that Is Impracticable then of neighboring) tnn ploytneiits. , (g) lkirnlngs, for the purpose of this section, shall bo based on tho earnings for the number of hours commonly io garded as a day's work for that employ ment, and shall excluda overtime earn ings. The earnings shall not Include any sum which the employer baa been ac customed to pay tho employe to cover liny ftpocial expense entailed on hlin by the nature of his employment. (h) In computing tho compensation to be paid to any employe, who, before thu accident for which ho claims compensa tion, was disabled, and drawing compen sation under the terms of this act, tho compensation for each subsequent injuiy shall to apportioned according tn tho proportion of Incapacity and disability caused by tho respective Injuries which he may have suffered. (1) To determine tho amount of com pensation for each installment period, the amount per annum shall bu ascertained puisunnt hereto, and such amount di vided by the number of Installment period per annum. , , Section 2.1. The compensation payable under this act, whether awarded or due, or not, shall not be assignable, shall bo exempt fiom attachment, garnishment and execution, Bbull not be subject to set off or counter-claim or bo lu any way liable for any debt, and In case of In bolveney or tho levy of an attachment or execution shall bo entitled to the sumo preference and priority us claims for . wages, without limit as to time oi amount, save that if written notice is given to tho employer of tho nututu and extent thereof, If such services are found to bo necessary, thu commission may allow us a lien on thu compensation, reasonable attorney's feoa for services in connect on with the pioceedlngs for compensation n ml may order tho amount thereof paid diiect to tho attorney in a lump sum or In installments. All attorney's fees for rerviees in connection with thin net shall be subject to regulation by tho commis sion and shall be limited to such charges as aro fair and leasounble, and the com mission shall have Jurisdiction to hear and deteimlne ull disputes concerning tho same. , , . Suction 24. No savings or Insurance of thu Injured employe, or any benefit de rived from any other source than the em ployer or thu employer'! lusuier for lia bility under this act, shall bo considered In determining tho compensation duo hereunder. Section 25. Kveiy employer electing to accept the provision of this uct shall Insure his entire liability thereunder ex cept as hereafter piuvldrd, with sumo In Miranco earner authorized to insure, such ..liability In this state, except that an onr Iduyer may himself cuny the whole or niiy patt of such liability without Insur mice upon botlsfyliiB tho commission of his ability bo to do, If the employer fall to comply with this section, an injured employe or his dependents may elect after the injury to recocr fiom the employer us though ho had i ejected this act, or to i. ..over under this net with the eum lieus.illon puymeius commuted and Im mediately payable. If the employer be c.n tying bit own Insurance, on the up piliutlim of .iny person entitled to uuin iieriHUtton slid on pi oof of default lu the ..Anient ol any 'ns alli.iem. the eoniiiiis sioii shall icpi'ie U.i employer to furnish security f' "' puyuieid of tiie com pensation. "I'd if "ol -lvv'1' "f, ia,n.pcus.itifi! shall ho cii.ii.u.i 1 Mi,d be come lu.ii ,a fly payable i'rovlded. that employer enf,a,,ed in the mifimt. osinrss shnll bo required to Insure only i'"r i nrn nl liability. S'-.-'lmi 2(j prt of the cost of such ' su-nneo shall 1 e nsessed malnst, col "cjed from or paid by any rmpUyo. Section 27. If tho employer bo not In "led his liability hereunder shall bo rln-nty and direct If ho Is Insured. Ids ability shall bo secondary and Indirect, Id h's Insurer shall bo primarily and Irortly 1 able hereunder to the Inbired ., . J'.' M'M dependent i or other persons 'Milled to rights hereunder. On request r the commission and at every hearing be employer shall piodurc and furnish It vlth a copy of his policy of Insurance, ind on demnnd tho employer shall furnish n.o. Injured employe, or his dependents, vlth tho correct name and address of his tsurer. aim iiih failure to do so shall be 'Hma facie evidence of his failure to lu '!lr?; 'bo employer and his Insurer Hall bo parties to- all nrroemcntH or 'Wards of compensation, but tho same hall not bo enforceable against tho em doyer, except on motion and proof of de ault by tho Insurer. Servlco on the em ilnyor shall be sufficient to glvo tbo vmimlsslnn Jurisdiction over tho person r both Hie employer and his Insurer, nnd ho appearance of the employer In nny 'iroceedlng shall also- constitute the np lenrnnen of his Insurer. Section 2S. 12very policy of Insurance against liability under this net shall be 'n accordance with the provisions of th's 'ict nnd shall be In a form approved by ho superintendent of the Insurance de partment. Such policy shall contain an agreement that tho Insurer accepts all of he provisions of this act. that thn same may bo enforced by nny person entitled to any rights under this act as well na by the employer, that the insurer shall he a party to all agreements or proceedings mder this net, and his appearance may bo entered therein and Jurisdiction over his person may bo obtained as In this act provided, and such covenants shall be en forceable notwithstanding any default of the employer. Section 2!) All charges for Insurance against liability under this act and against the liability of employers reject 'ng this act, shall bo fair, reasonable nnd adequate with due allowance for merit rating. Kvery Insurance carrier or group of carrleis authorized to Insure nenlnst liability under this act. shall within thirty days nftcr this se:tlon becomes effective, file with the superintendent of the Insur ance department Its classification of risks and premium rates relating thereto with Its system of schedule rating (or merit rating so-called) if any. The supeiln tondent then shall hold n bearing to de termine upon a uniform classification of risks and premium rates relating thereto, and In his discretion a uniform system of schedule rating tor merit rating so called). Within sixty days nftcr this sec tion becomes effective, the superintendent shall npprovo or Issue as fair, reasonuble and ndeqtiate for all Insurance carriers or pioups of currier, authorized by law to transact liability or compensation Insur ance business in this stole, a uniform classification of rhks and piemlum rates relating thereto, nnd mnv in his discretion approve or Issue a system of schedule rating (or merit rating so-called) which shall be a uniform system of schedule rating (or meilt rating so-called) for all such Insurance e.n Hers. The superintend ent mny subsequently nppiovo or Issue a uniform system of schedulo rating (or merit rating so-called, for all Insur ance carriers, or limy modify or change nny such system previously approved or issued after holding a hearing to de termine its effect upon the fairness, reasonableness, ndequacv or unfa'rncss, unreasonableness or Inadequacy of rates, and may approve or Issue chames in rates oi classifications after hold'ng a hearing to determine upon the fairness, reasonableness, adequacy or unfairness, unreasonableness or Inadequacy of such additions or charges.' Nn Insurance car rier or group of carriers shall Issue, renew or carry Insurance for employers or em ployes as provided in this section at pre mium rates which are less than tho rates approved or Issued by the superintendent for all insurance carriers or groups of carriers as fair, reasonable and adequate for tho risk to which they respectively apply Piovided, however, that If the superintendent shall have previously np proed or Issued a uniform svslem of schedulo lilting (or merit ratine: so-called) Insurance carriers may apply the same to any risks subject thereto, but hiisic rates no less mnn trie raxes previously ap proved or issued by the sunerintendent, nnd any additions thereto or reductions therefrom on account of tho application of such system of schedule rating or (merit rating so-called) snail tie clearly set forth In the Insurance contracts or endorsements tutnehod thereto; and pro vided, however, that nothing contained In this section shall affect tho right of any insurance cnrrler or carriers to issuo participating policies or to pay savings or dividends actually earned or saved: and provided further, that the provisions of this section as to rates shall not apply to employers who provide nmong them selves Insurance against liability under this uct, on tho reciprocal or inter-Insurance plan, except that tho rates fixed by tho superintendent of Insuranco as sufficient to provide for the payment of tho compensation provided by this net. Section 30. No Insurance carrier shall write any Insurance against liability here under unless It maintains such reserves as are required by law or In tho absence thereof such reserves as may be icqulred by tho superintendent of the Insuranco department, the power to require and iegulate which Is heiehy 'vested lu said superintendent. Section 31 Kvery Insuranco carrier writing Insurance for llnblllty hereunder, or the liability of employers rejecting this act, shall report to thn superintendent of tbo Insurance department, In accordance with such rules as ho may adopt, such Information as he may at any tlmo re quire for the purpose of determining the solvency of the cairlcr or the fairness, reasonableness and adequacy of Its rates, and for such purposes tho superintendent may Inspect the books and iccords of such carrier and examine Its officers, agents nnd servants under oath Section 32 For any violation of the provisions of this act tho superintendent of thu Insurance department may suspend or revoke tho authority of any Insuranco carrier to do business In this state If any Insuranco carrier falls or delays to pay any compensutlon finally determined to be due, thu superintendent shall hear tho complaint, and If such failure Is with out rcnsonablo excuse ho may revoke or suspend the authority of such carrier to do business In this state, and In a proper case may apply for tho appointment of a receiver for same. Section 33. Any employer or group of employers mny enter Into or continue any agieement with his oi; their employes to provide a system of compensation bene llts or Insurance In llou of thn compensa tion and Insuranco provided by this act. Such substitute system and insurance shull bo subject to tho approval of th; superintendent of tho Insurance depart ment and shall not bo approved by him unless they confer benefits upon Injured employes or their dependents at least equivalent to tho benefits provided by this act, nor If thoy require contributions from employes, unless they confer benefits In addition to those provided under this act at least coinmonsurute with such con tribution. Such substitute system nnd In suranco may be terminated by tho super intendent of tho Insuranco department on reasonable notice and heai lug to tho In teiesled parties, If It shall appear that the samu Is not fairly administered, or if its operation shall disclose latent defects tliiuatenlng Its solvency or If for any other substantial reason It falls to ac complish tho purposes of this act: and In this case tho superintendent of the In suranco depart incut shall determine upon the proper distribution of all leinalnlng assets, If any, subject to the rlgh of any party In lnteiest to hnvo such action re viewed by a court of competent Jurisdic tion. Section 34. Kvcry employer In this state, whether be h'ns accepted or rejected tho provisions of this act, shull within ton days ufter knowledge of such accident, notify tho commission thereof, and shall, within ono month, file with the commis sion under such rules and regulations and lu Mich form and dutall as tho commission may require, a full and complete report o( every Injury or death to nny employo for which the employe! would bo liable to furnish medical aid or compensation hiiimuder hud be accepted this act ami cveiy such employer shall abo furnish i ho' commission nh euch supplemental icports In regsrd therein ns the eomuils biou shall inquire. Kvery such employer and his liibimr, and eery injured em ployo. his depk-ndeius and every person entitled to any rlgliii! beioundor, and every oilier iisn, receiving liom tho commission any l.la'.k icports Willi direc tion to fill out the f.niK. shall i.iuso the samu to be prur.qniy n turned t.. thu com nucslati picm ilv (illi l out and signed so ns to answer ftillv nml correctly each question propounded therein and a good anil sufficient reiiMin shall be given for failure to answer any question. No In formation obtained under the provisions of thin section shall be disclosed to per sona other than thn parties to componsar Hon proceedhi 'S ami their attorneys, si ve by order of the commission, or at n bell ing or compensation ptoceedlng, bill such Information mny bo used by tbe commis sion for statistical purposes livery per son who violates any of the provisions of this section or who knowingly tiiukes n false report or statement In writing to thn commission shall be deemed guilty of n misdemeanor nnd on conviction thereof shall be punished by a line of not less than fifty nor more than live hundred flnltnrs nr liv Imnrlnrmmenl tti Itin pittntv jo II for not less than ono week nor more than one year, or by both such line and Imprisonment Section 3.). Nothing In this act shnll be construed ns preventing the parties to claims hereunder from ontetlng Into vol untary agreements In settlement thereof, but no agreement by an employe or bis dependents to waive his r'ghts under this net shnll be valid, nor shall any agree ment of settlement of comnrotnl.se of nny dispute or claim for compensation under i ills act pe valid until anproveti ny ino commission, nor shall the commission ap prove any settlement which Is not In uc coidanco with the rights of the parties as given In this net. No such ntreement shnll bo valid unless made after seven davs from the dn'p of the Injurv or death Section 30 1'pon receipt of notice of any accident the commission shall for ward to tho employer and to the employe or his dependents a form of an content to tiny and accept compensation, providing for pavment of compensation In nccord anre with the provisions of this act. which agreement shall be promptly executed by both parties and returned tn the com mission, and If In nny case the employer disputes the claim for compensation and for that reason refuses to execute the agreement to pay compensation, the com mission shall assist the person who claims to he entitled thereto. In filing his claim and securing an eaily adiudlcatlon there of, and where suth agreements to pay and receive compensation are executed ami Pled It shall be the duty of the com mission. In case payments hereunder are not promptly made, to piovlde prompt measures for the payment of suolt com pensation and for hearing disputes with rriererce inereio. 11 lite parlies agree j wicy snail me wirn mo commission a re Port of the facts it rid their agreement, nnd If the agreement Is eppioved by the com mission It shall make nn award of com pensation thereon In accordance there with. Section 37 VJvery employer, his di rector, ,offlrer or ngent who discharges or in nny way discriminates a"ainst an employe for exercising any of his rich's under this net, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty nor more than llvo hundred dol lars, or by Imprisonment IP the founts Jail for not less than one week nor more than one year, or by both such lino and Imprisonment. Seel ion 3S No proceedings for compen sation under this act shall lie maintained unless written notice of the time, place and nature of the inlury. and the nnuie nnd address of the person Injured, shall have been given to the employer as soon as practicable after the happening there of, unless the commission shall llnd that there was good causo for failure to give such notice No defect or Inaccuracy In such notice shall Invalidate the same un less the commission shall find that tho employer was in fact misled and preju diced thereby. Section 3fi. No proceedings for com pensation under tlrs act shall be main tained unless a cla'in therefor lie filed with the commission wllliin six mouths after the Inlury oi denth. or In case pay ments have been made on account of the Injury or death, within six months from the date of the last payment. In all other respects such limitations shall be governed by the law of civil actions other than for the jeeovery of real prop erty, but the appointment of a guaidlau shall be deemed the termlnution of legal disability from minority or Insanity. Section 40. If the employer and the Injured employe or bis dependents fall to icaeh an agreement In regard to com pensation under this act. or If they have reached such an a-rrecment which has been signed and filed wllh the commis sion and compensation has been paid or is due In accordance theinwlth, and the par lies thereto then disagree as to the con tinuance of nny weekly payment under sijch agreement, elthei party may make an nppllcatlop tn the commission for a hearing in regard to the rnatteis at Issue and for a ruling thereon Immediately after such application lias been received the commission shall set the date for a hearing, which shall be held ns soon as practicable, and shall notify the parties at Issue or the tlmo and place of such heat lug. Section 41. The commission or nny of its members of referees srjnll hear In a .summary proceeding the parties at Issuo nnd their representatives and witnesses and shall determine the dispute. All evi dence Introduced at any such hearing shall be reported by a competent steno- ' grapher appointed by the commlss'on Tho award, together with a statement of the findings of tact, rulings of law and any other mullets pertinent to tho ques tion at issue, shall lie filed with the rec ord of pioceodlnes, and a copy of tho award shall Immediately be sent by reg istered I'nlted States mall to the parties In dlsputo. Section 42. I'pnn Its own motion or upon the application of any party In in teiest on tho ground of a change In con dition, the commission may at any lime review any award nnd on such rev.cw may make an award ending, diminishing or increasing .the compensation prevlouslv awarded, subject to the maximum or minimum provided In this act, antl shall Immediately Fend to the parties a copy of the award No such review shall af fect such award as regaids any moneys paid. Section 4.1. If an application for review Is made to the commission within ten diys from tho dato of the award, tho full commission, if Hie first hearing was not . hold before the full commission, shall re view tile evidence or. If deemed advisable, as soon as practicable hear the purl ics at lAue, their representatives and wit nesses and shall make an award and itlc same In like manner as specified in il.e foregoing section. Section 14 An awaid of the commis sion an provided In section 41, If not re viewed In duo time, or an award of the ! commission upon such review as provided In section 43, shall be conclusive and binding as to all questions of fact, bin either party to tho dispute may within thirty days fiom tho dato of tho action or awuid of the full commrkblon, appeal o thu oil cult couit of the county in which tho accident occurred, or If the accident occurred outside of this statu, then In tin county where the contract was made, foi errors of law, by filing notice of appeal with the commission, whereupon the com mission shall order under Its certificate : roturn to the court all documents and pa pers on file in the matter together with a transcript of the evidence, the ltndini,s and award, which shall thereupon become tho lecord of the cause. Appeal fiom thu circuit court shall be allowed the same ; as ill civil actions and all appeals to Hie circuit ami appellate couils shall li.t.i1 precedence over ull other cases cm lit election contests. Upon tho setting aside of the award, tho court may remand tin case to the commission for further heai nig or pioceedlngs, or It may enter the proper Judgment upon the llndlngs as the I mumo of the case may dcirnnd' pro vided, that, lu all appeals from an aids 1 of tho commission the party taking Hie appeal shall together with his notice of appeal transmit to tho commission twenty-five dollars, as security foi cost.'-, which sum tho commission shull logettici ' with the record of the case transmit to 1 the clink of the circuit court of thu county to which the appeal Is taken, and lu all appeals fiom the commission or i circuit court tho costs theieof shull bo ' assessed against tho losing party as pro vided by law In civil cases. Section 45. Any party In Interest may t'.le In tho circuit court of the county In which the accident occurred u cortitled copy of a memorandum of agreement up- 1 proved by the commission or of an older or decision of tho' commission, or of an award of the commission unuppcakd from, whereupon suld couit shall lendei 1 Judgmont In accordance therewith and notify tho parties. Such Judgment shutj have the same effect and all proceedings lu relation thereto shall thereafter be Hie same as though said Judgment had been rendund lu u suit duly heard antl do- , torinltted by Bald court. Any such Judg ment of said circuit court uuappt.il d fiom or ttffiimed on appeal or inodiiieil In obedience to the mandate of the up- t" Hate court, shnll bo modified to con foi m to aiiv de (slop of the commission, et ili if, diminishing or Increasing any wet My payment under the prov I 'lons of section 42 of this act upon the piisetttn i i to It of a corllfled copy of Mich do iv ton Section 4(1. In nny cite a temporary nr partial avvard of oonipcnsat jon may be iii.nte. anil the same mnv be modified from Line to time, to meet the needs of the I ease and the same mny be kept open until a tli.nl awntd ran be made, and If the j fan e be not compiled with, the nmnupt l lieteof may be doubled In I he final award. If the final a ward shall be In accm dance with the temporary or partial award Section W. Any lint Ice required under this act shall he deemed to have been properly given and served when sent by r. ftorod mall properly stamped anil ad dressed to the person to whom given, at his Inst known aildiess, In time to ren -h him In duo tlmo to art theieon. Notice mnv also be given nnd served In like man ner as summons In civil net Inns Section tt. The compensation herein prov hied may bo commuted by said coni-m1'-' ion nnd redeemed by the payment In whole or In part, by the employer, of a lump sum, which shnll be fixed by the commission, but In no case to exceed tho eommutable Vnlue of the future Instnll nv its which may bo due under this act, pilot : account of life contingencies, such p' n cnt to lie commuted at Its present v.i'ue upon the basis of Intel est calculated a' four per centum with annual rests, up .ii application to elthet parly, with due notice to the other, If It appears that such commutation will be for the best interest of the employo or tho dependents of the deceased employe, or Hint It will avoid irnhie expense or undue hardship to en her party, or that such employe or de pe'ident hns removed or is about to re no . from the 1'nltetl S'a'es or that the employer had soltl or otherwise disposed of Hie greater part of his business or as sets. In determining whether the com mutation nsked for will be for the best lnteiest of tho employe or the dependents of the deceased employe, or that It will avoid undue expense nr undue hardship to either party, the commission will con si. t itlv bear In mind that it Is the Inlen t'oi of this act that the compensation p.nnents aro In lieu of wir-es anil are to be lecelvetl by the injured employe or lii- dependents in the same manners In wh '1 vvaics aro ordinarily paid. There fore, commutation Is a departure from the not mill method of payment and Is to be allowed only when It clearly appears that .some unusual circumstances warrant sim h a departure. Commu iition shnll not he allowed for the purpose of enabling i lie in hired employe, or the dependents of a deceased employe, tn satisfy a debt, or to make payments to physicians, lawyers, ot .i v other persons. Seel Ion IS On notice to the other par ties tho commission may penult the em nlover to be discharged from further lin -bihtv under nny agreement, award or jm' tnenl for compensation by furnishing to the person untitled thereto an annuity oi nihil" obligation, approved Iv the com mission or court, by which payment Is as s'ltned by some responsible person, or by den' siting the commutable value thereof with the commission to be disbursed to the niisons entitled thereto in such man ner as the commission shall determine Section r,0. (a) After an employe has lei.-ived an Injur y he shall from time to time therafter during disability submit to n tsonahle medical examination at the re quest of the employer, his insurer, the commission or any of Its commissioners, the time and placo of which .shall be lixed with due regard to the convenience of the employe and Ills physical condition ' d ability to attend. The employe may hnvo his own physician present, anil if the employe refuses to submit to sucli ex it vitiat Ion. or In nny way obstructs the same, his rk'ht to compensation shall be ft,, leitctl during such period. do The commission or any of the com m.ssioners. or refetees, may appoint a dulv qualified Impaitlal physician to ex amine the injured employe and to report, his fees and traveling expenses for which shnll he lixed and allowed by the com m shIou and paid as other costs under Hi s act If all Hie parties shall have had rei.-onnble access thereto, the report of sin h physician shall be admissible In evl di vo (e) The testimony of nny physician who examined tho employe shall be ud n issiblc In evidence in any ptoceedings fur compensation under this net (tl) Certified copies of Hie proceedings before any coroner holding an Inquest over tho body of any employe receiving an injury In the course of his employ ment icsulting in death, ahull be admissi ble In evidence in any proceedings for compensation under this act. and It shall be the duty of the coroper to give notice of such Inquest to the employer and the dependents of tho deceased employe, "who shall have the right to cross-examine tho witnesses. Section .11. All proceedings before the commission or any commissioner or ref eree shall ho simple, Informal and sum mary, and without regard to the technical rules of evidence, and no defect or irreg ulaiity therein shall Invalidate the same Except as herein otherwise provided, all such proceedings shall he according to such rules and regulations as may bu adopted by tbo commission. Suction 52. Tbe commission, or arry commissioner or referee, shall have power to issue pioress, subpoena witnesses, nil minister oallis, examine hooks nnd pa pers, and tequlre the production thereof, and to cause the deposition of any witness to ho taken and the costs thereof paid ns other costs under this act. Any party shall be entitled to process to compel the attendance of wltness'es and the produc tion of books antl papers, and at his own cost to take and use depositions In like manner as In civil cases ill the circuit court. Subpoena shall extend to all parts of tho state, and may be served as In civil actions in the circuit court, but tho costs of such service shall be us lu other civil actions. Kach witness shall receive the fees anil mileage prescribed by law In civil cases, but the same shall not ho allowed US costs to the party In whose behalf the witness was summoned unless tho persons before whom Hie hearing is had shall certify that the testimony of such witness wus necessary. All costs iintlor nils act shall be approved by the commission and paid out of the state tiensury from the fund for the support of tho Missouri workmen's compensation commission-! provided, however, that If tho commission shall determine that any proceedings before It or nny of lis mem beis, or before any leferee, have been brought, pioseetited or defended without reasonable ground, It may assess the whole cost of the procee lings upon the party who so brought, piosecuted or de fended them. Section S3. If any person subpoenaed to appear at any hearing or proceeding falls to obey the command of such sub poena w ithout reasonable cause, or if any person In utlondaneo at any hearing or pioceedlng shall. without reasonable cause, icfuso to be swoi n, or to be ex amined, or to answer a question, nr to produce a book of paper or to subscribe or swear to his deposition, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not moio than live hundred dol lars nr by Imprisonment in the county j.ill for nnt more.thnn one year, or by both such fine and Imprisonment, and may be prosecuted therefor In any court of competent Jurisdiction and lu case of a continuing violation each day's con tinuance thereof shall be and deemed tn be, a separate antl distinct offense. Section 54. If any piuty shall dlo pend ing any pioceedlngs under this act, the same shall not abate, but on notice tn tho parties may be revived and proceed In favor of the successor to the rights or against the personal repi esentatives of tho party liable, in llku manner as In civil actions. , Section 55- Any person who shall rnaku, or conspire with, aid, or abet an other to make, any false or fraudulent claim to compensation or other benefits under this act, and any person who shali by fraud, deceit or misrepresentation, re ceive, make or causo to be made, or con spire with, aid or abato another to receive, make or causo to bo made, any payment or compensation under this act to which i lie recipient is not lawfully entitled, and any person who bIihII by fraud, deceit or misrepresentation and with intent to do- fraud, causo or procure, or conspire- with, I aid or abate another In causing or pro- I curing nny person entitled to any benefits 1 under this act tn full to make claim there. 1 for or to accept In payment thereof less than is due under this, act, shull bu deemed i ullty of a misdemeanor, and on convic tion thereof, shull be piinisted by a flue of pot less' than tifiy nor more than fiv hundred dollais, or by Impi isoiimenl in the county Jail for not less than one week nor more thai one year, or by both such olio and Imprisonment Section 60, Tlioro Is hereby created tho .Missouri workmen's compensation 'com mission consisting of four members to bo up, '"Inted by the governor, by and with I tin f.dvlee antl consent of the senate, and the cominJsMou shall organize by electing one of their members lis chairman The term of office of t-u'li coiiimtsslonei shall be s- yoaiH, except that when lllst emi stltnieti two it. embers of the commission shsP be unpointed for four yeais and two foi six yen is, and thereafter nil vacancies shnll be tilled us they occur. The terms of office of the first commissioners shall hoi'lti on the dale of their appointment, which shnll be Immediate after t lie ad journment of the general assembly Two members of the commission shall be ap pointed from inch of Hie two dominant political parties, and at least one member of said commission shall bo a person who on account of his previous vocation, em ployment or affiliation shall be classified as a representative of employers, and at least ono member of said commission shall be a person who. on account of his L previous vocation, employment or affllla- ii'in. sunn De classified as a representative of employes: provided, however, that for the first four years after the approval of this act the members of thu commission shall bo honorably discharged United Stales soldiers, sailors or mnrlnes. Such commissioner may be removed In like manner as hi provided by law for mem bers of the public servlco commission Vacancies shnll be filled by the governor for tho unexpired term, and during any vacancy the remaining members shall ex orcise all of the powers of the commis sion. The annual salary of each commis sioner shall be four thousand dollars. Section 57 Kach commissioner and each person appointed to offlco or em ployment by the commission shall, be fore entering upon his duties, take ami subscribe to an oath or nfflrmatlon to support the Constitution of the Pnlled States and of this state, anil to faithfully and honestly discharge the duties of such office or employment. Kaon, commissioner and each person appointed to office by tho commission shall glvo his whole time to his duties, nor shall be serve any com mittee of any political party. Kach com missioner shall before entering upon his duties give a bond to the state of Mis souri In tho sum of fifty thousand dollars conditioned that he will faithfully per form the duties of his of fee, that If n I surety company bond bo given the pre mium therefor shall bo paid by the state as other expenses under this act. Section GS Tho commission may sue and be sued In Its official nantf anil shall have a seal bearing the Inscription "Mis souri vvoikmeii's compensation commis sion." The seal shall be afflxetl to all writs and authentication of copies of records, papers on tile, nnd to such other instruments as the commission shall di rect and all courts shall take Judicial notice of such seal Copies of the records and proceedings of the commission and of all papers on tile In Its office, certified under tho said seal, shall bo uvltlence In all court of the si ate. Suction 50 The commission shall ap point and prescribe the duties of a sec retary whose salary shall be $3,500 per an num, and he shnll hold iflice at the pleasure of the coinmlsson. The com mission may appoint or employ during Its pleasure ni.d prescribe the duties of such employes as may bo necessary to thu proper administration of this act at sul urles to be fixed by the commission anil approved by the governor; provided, how ever, that such salaries shall In no case exceed flOO per month to any stenogra pher, $100 tier month to any clerical employe or $150 per month to nny other employe or assistant. Tho commission may also appoint a medical advisor whose salary shall bo fixed by the commission, but shall not exceed 54.000 per annum. Tho commission may also appoint to hear any case any circuit judge who shall act without compensation therefor; provided, however, that for the first four years after the appiovnl of this net all paid ap pointees anil employes of tho commission shall bo honorably discharged Pnlted States soldiers, sailors and marines Section 60 It shall be the duty of the attorney-general to furnish tho commis sion with sucli legal services as it may require, nnd to appear on its behalf In nil actions or pioceedlngs to which It may be a party. Section 81. The commission shall pre pare and furnish free of charge blank forms of nil notices, claims, reports, proofs and other blank forms and litera ture which It may deem proper and re quisite to the efficient admllustratlon of this act. It may also authorize tho pub lication and distribution of such blanks by employers and Other persons. Section (12. Tho commission shall bo provided with an office at tho state eap Itol In which Its records shall bo kept and may maintain offices In such parts of the state as may bo flxetl by it Tho com mission shall also bo provided with the necessary office furniture, books, station ery, and other supplies. Paper and sta tionery shall bo furnished, and printing done for the commission as provided by chapter 09, It. S. 1D09. Tho commission ers nnd each of their appointees nnd em ployes shall hnvo reimbursed to them their actual traveling expenses ami dis bursements Incurred In tho discharge of their duties while awny from their regu lar offices and places of resilience, but the same shall not be paid until verified by the affidavit of the person who In curred them and approved by tho chair man of tho commission. All salaries, ex penses nnd costs under this act shall he paid monthly out of the state treasury from the fund for the support of tho Mis souri workmen's compensation commis sion. Section 03. Tho commission and Its members shnll have such powers as may he necessary to carry out all tho pro visions of this act, and It may make such rules and regulations as may lie necessary for any such purpose. Suction C4. The commission shall charge and collect tho following fees, to bo paid at least once each mouth Into tho state treasury to the credit of the fund for the support of this act. Fur copies of papers and records not required to be certified or otherwise authenticated by the commission, ten cents for each ono nil, it, I ll'n.i u .,wl I ..ilr.iu' ... ..a, till. ..I ! conies of official documents, awards oi other records, fifteen cents for each ohe hundred words and figures, ami one dol lar for every certillcute under seal affixed thoieto; for each certified copy of annual leporl or ihe commission, one dollar and fifty cents, for copies of evidence and proceedings, fifteen cents for each one hundred words and figures, also all othei fees and churges allowed or tenuis ed to be collected under this act or apy other law. Thu commission shall also tlx und collect from tho employer thu reasonable expense of any investigation necessary to determine his ability to carry his own insurance. No fees shall bo charged or collected lor copies or papers, records, or official docuniouis furnished to public of- uceis lor use in inetr ouiciui capacity, or for annual ropoits or other mutters pub lished by the .commission, in tbe ordinal y course of dlstribut ion, but the commis sion may tlx rc.isunablo charges for pub lication Issued urder Its uuthorlty. Section 05. livery public officer with out oxuctlng a fee or churgo therefor, shall furnish the commission on applica tion with a certified copy of any docu ment, or pint thereof on tile in Ills offlco, and no public officer shall bo entitled to receive fiom thu commission any fee for entering, tiling, docketing or recording any document required or authorized by law to be tiled In his office Section CG. The commission shall make and submit to thu governor, on or before the second Monday of Juiiiiury, In tacli year, a rupou containing a full and com plete account of its transactions anil pro ceedings for the preceding year, together Willi all Htatisiics and information col lected by It, ami such other facts, sug gestions and rccommcndatluus us It mny deem of value, winch rcpoil shall be laid before the legislature. Section 07. Kui the purpose of provid ing for the expense of administering this act. eveiy person, partnership, associa tion, corporation, whe.lier organized under the laws of this or any other stale or country, company, mutual comtisjiv, the parties to nny liuer-liulemntty con tract, oi other plan or scheme, ami every othur insurance catrier. insuring employ ers In this stale against liability for per sonal injuries to their employes, or for dentil oausad thereby, under this act shall, as hereinafter provided, pay tux upon the deposits or premiums level voJ whether In uasli oi put, v. in this stale or on account ot busuics done In this siate; fur su.'h Insurance m this state ui iho rale of two per cent in lieu of all other luxes on such deposits or premiums which amount or luxes shall le asne.sod and collected as heioitafur provided piovided, that sm h insunn.iu cainci- shsli be credited with cancelled or returned premiums or Miviu.it m-tually paid Jo Hie ti suted in ihiK sine, and with pieSilum, or reinsurance vvi.li msui .nice lan.ervi a t i. i,.'.i t and lice i. oil to transact IjusPie in Missouri, Willi h rolnsuiuico ehall I reported by the carrier reinsuring such business; but no credit shnll be a'lowed for i etiiMut anco In Insurance rarrieis not licensed to transact business In Missouri. Section 08 if nny such Insurum n car rier shull fall or refuse to muke tbe -return required by this act, the said super intendent shnll nssess the tax against such Insurance carrier or self-Insurer at the rate heroin provided for. on Buch amount or premiums or deposits us ha shnll deem Just, and the proc-odlngw thereon shull be the same as if the ro turn had been Initile. Section CD Kvery such Insnr.i nee car rier shall on or before thn tlisr day of April. l!tJ0, ami each year iher'uftcr, make a return, verified by the .imdavlt of Its president nml secretary or other chief officers or agents, to the superin tendent of the Insurance department, stating tho amount of all stirh groan premiums or deposits, nnd cretlits during tho year ending on tho 31st day of Do Vomber, next preceding Upon the receipt of such returns, the superintendent shall verify the same and assess the ax upon the various Insurance carriers on tho basis nnd nt the tutu provided In section 07 of this act, and make u schedule there of, duplicate copies of whit h, properly certified by raid superintendent, shall b Hied In the office of Hie state I udltor and slate treasurer on or before the 15th day of April In each year, lm" rdlatcly thereafter the superintendent shal notify the Insurance carriers of the amount of taxes respectively due from them, and such taxes shall be paid annually n to tho workmen's compensation fund of tho state treasury on or before the first day of May. next ensuing. If not so paid the, state treasurer shall certify tbe fact to the superintendent, who shnll thereafter suspend such delinquent carriers of In surance from the further transaction of business In this state until such taxes' shall bo paid. 1'pon receiving said money the state treasurer shall place tho wholo thereof to the credit of tho fund for tho support of the workmen's compensation commission of Missouri; provided, that when, at nny time, such fund shall have, reached the sum of $50,000, any excess amounts thereafter received shall revert to the state treasury. Such payments to I'ontlnuo until the amounts of the origi nal appropriation as provided for in seo- Hon 7!i shall have been repaid Section 70. If any such Insurance car rier shnll withdraw from business In till state before the tax shall fall due ac cording to the provisions of this net, or shall fall or neglect to pay the tax Im posed herein, tho superintendent shall at once proceed to collect the same, and ho is hereby empowered and authorized to employ such legal process as moy be nec essary for thnt purpose, and when so col lected he shall pay the same Into tho state treasury as a part of the fund for the support of thu workmen's compi nsa tlon commission. The suit may bo brought by the superintendent In his own name. In any court of this state having jurisdiction; reasonable atton.rys' fees may be taxed n,s costs therein, and pro cuss may issuu to any county of the state, and may be served as In civil a tiers or in cases of unincorporated asr tc latlons, pat tnershlps, Interipdemnily contract or other plan or scheme, upon the principal agent of the parties thereto. Section 71 Wherever the employer carries his own risk or wherever substi tute sch?mos for Insurance provided for In section 3.1 have been approved, tho commission slmll Inform the superintend ent of Insurance, who, thereupon, shall nssess antl In like manner collect a sim ilar tax from the employer carrying hl own risk at thn same rate and on tho same basis as taxes are assessed against insurance carries, of any character, carry ing like risks in this state under tho provisions of this act. Soction 72. tAtiy person or persons who shall In this state act or nssumo to act us ugent for any such Insurance carrier whose authority to do business In this stato has been suspended under this act, while such suspension remains In force, or shall neglect or refuse to comply with any of the provisions of this act pbllga toiy upon such person or party, or who shall willfully make a fnlse or fraudulent statement of the business or condmoii of any such Insurance carrier, shall ba deemed guilty of a misdemeanor and on conviction thereof shall be punish by a lino of not less than $300 nor more than $5,000, or by Imprisonment In the county Jail for not less thnn one week nor mora tbnn one year, or by both such line and imprisonment. Section 73. Whenever by this net any officer Is required to give nny notice to any Insurance carrier, the same may be given hy mailing the same, postage pre paid, addressed to the principal office of the insurance carrier or Its agent in this state, or lo Its home or to the secretary, general ugent or chief officer thereof In tho I'nlted States. Section "4 Any Insurance carrier, for eign or domestic, liable to pay a tax upon its premiums or deposits under this act shnll not be liable to pay any other or further tax upon such premiums or de posits under any other law of this state, and the previsions of tills act shall also extend and apply lo all premiums or de posits received during any part of tho year 191!). Section 75. Any person, corporation, his or Its directors, officers or agents, or any other person who violates any of the pro visions of this act for which a penalty ha not hereinbefore been specifically pro vided, shall bo deemed guilty of a misde meanor, and on conviction thereof shall he punished by a flno of not less than $50 nor more than $500, or by imprison ment ill tho county Jail for not less than one week und not more than one year, or both such tine and Imprisonment Section 70. All of the provisions of this act shall bo liberally construed, with a view of tho public welfare, and a sub stantial compliance therewith shall bo sufficient to givo effect to all rules, regu lations, requirements, awards, orders or decisions of tho commission, and they shall pot be declared Inoperative Illegal or void for any omission of a technical nature In respect thereto. Section 77 If any section, subsection, sentence, clause or phrase of this act la for any renson held to be unconstitutional, such decision shall not affect the validity of tbo remaining portions of this act The general assembly hereby declare- that It would have passed this net, and each sec tion, subsection, sentence, claue an! phrase thereof, lrresuectlve of 1,10 fact that any one or more of tho same shall be declared unconstitutional Section "8. All mis or parts of acts In conlllct or lucons'slent herewith aro to that extent hereby repealed. Section 79. h'or the purpose of paying the salaries and expenses of the members of tho commission nnd its employes, the sum of $50,000 per year or so n u ii there of ns may be necessary is hereby appro printed, and shall be known as the work men's compensation fund. The amount of said appropriation to be refunded as provided in section 09. Section SO Notwithstanding the emer gency clause hereto nttached sei i .ns two to four, Inclusive, and section tbttiy-foiir of this act shall not tnko effect until No vember. 1919. Section SI. It bolng necessary for the commission heroin created to be fully or ganized and make preliminary prepara tions, and there being nn immediate necessity therefor, creates an en.ergcncy within the meaning of the i 'una' uutlon. r.'itl except as In this act otherwise pro vided, this net shall take effect frcm and after tho date of itn approval PROPOSITION NO. 15, PROPOSED BY INITIATIVE PrTITION CONSTITUTIONAL AMENDMENT. Proposed amendment repeating artlcla 15, Missouri Constitution, en.ict.no new ar Icle In lieu thereof, provid nn mode of revlsino and amending Con- j ;i m and for callino constitutional u'.ve n on. He it lesoiv.d hj thu people m i r state of Missouil. as follows That at the general election to le held ,.!.UT B"ue "" '1'uesUuy, Now, ,,er 2 19.0. there shall be submitted f.-r montion or reject Ion , to tho electors of no state of .Al.ssourl the following piopn-cd con sdtutionul ameti.lineiit. to-wit Stf.ll-,1, t nn.a, n.lnn .r . .. sitiutlon of tho state of Misson t u. vid. tbo Constitution, h0 and the V , , , K, hv !... ... en oil, eilHUtHd III II. -1. O,....,, . l , - I-IUIO article IS, movmin the mode ,t , u in, ?'.'i' i,,","" ? 'ltu:io. ul for .ii i ,. """"'ii'ttui con wo no". nnM which shall read as follows rtit i it.i.e; 15 I ruvldlitg the jlode of j, , (,,. ,, n.u,lf( lie Him IV..,.. . - .lnu a Co. stlurionui I 'onru io"' ' ' ia"'"B .Section 1 Tins Cm ,-,tui on , ay 0 evsed and an.otiuei! only in p stinnp. ? - he p. ov is.onj. of tl, ,s at Hole oVhe?. wise provided in this Co' stjtpt . l,,fr