time of the injury be in the joint service of two or more employers subject to this act, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employes: Provided, however, That nothing in this section shall prevent any reasonable arrangement between such employers for a different distribution as between themselves of the ultimate burden of compensation.

PART III

[Acts 1919, p. 158. In force May 15, 1919.]

8020h2. Industrial board, governor appoints.-50. There is hereby created the industrial board of Indiana, which shall consist of five members, two of whom shall be attorneys, and not more than three of whom shall be of the same political party, appointed by the governor, one of whom he shall designate as chairman.

The chairman of said board shall be an attorney of recognized qualifications.

Each member of the board shall hold his office for four years and until his successor is appointed and qualified, unless removed by the governor, except that the three present members of said board shall continue to serve for and during the terms for which they have been appointed, unless removed as hereinafter provided, and of the two additional members hereby provided for, one shall be appointed for two years and one for four years. Thereafter, upon the expiration of the term of any member, the governor shall appoint his successor for the full term of four years.

Each member of the board shall devote his entire time to the discharge of the duties of his office and shall not hold any other position of trust or profit or engage in any occupation or business interfering with or inconsistent with the discharge of his duties as such member. Any member of said board may be removed by the governor at any time for incompetency, neglect of duty, misconduct in office or other good cause, to be stated in writing in the order of removal.

In case of a vacancy in the membership of said board, the governor shall appoint for the unexpired term.

This section amends section 8020h2 Supplement of 1918, being section 50, Acts 1915, p. 392.

802012. Salaries, office force.-51. The annual salary of each member of the board shall be four thousand dollars.

The board may appoint a secretary at a salary of not more than twenty-five hundred dollars a year and may remove him. The secretry shall have the authority to administer oaths and issue subponeas. The board, subject to the approval of the governor, may employ and fix the compensation of such clerical and other assistants as it

may deem necessary. The clerical and other assistants shall be employed with special reference to their qualifications for the discharge of the duties assigned to them, and without regard to their political affiliations, except that not more than sixty per cent of such employees shall be of the same political party, provided that none of the present employees shall be discharged merely to establish such political proportion.

The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses shall be sworn to by the person who incurred the same and shall be approved by the chairman of the board before payment is made.

All salaries and expenses of the board shall be audited and paid out of the state treasury in the manner prescribed for similar expenses in other departments or branches of the state service.

This section amends section 802012 Supplement of 1918, being section 51, Acts 1915, p. 392.

[Acts 1915, p. 392. In force in part, March 8, 1915.]

8020j2. Bureau of inspection abolished.-52. The rights, powers and duties conferred by law upon the state bureau of inspection of the State of Indiana are hereby continued in full force and are hereby transferred to the industrial board hereby created and shall be held and exercised by them under the laws heretofore in force and the said state bureau of inspection is hereby abolished.

The present chief inspector of said state bureau of inspection is hereby made a member of said industrial board until the expiration of one year from the date of the taking effect of this act and until his successor is appointed and qualified. The deputy inspectors heretofore appointed by the governor as deputy inspectors in said state bureau of inspection, to wit:

Inspector of buildings, factories and workshops, inspector of boilers and inspector of mines and mining, together with their assistant inspectors, are hereby continued in their respective offices, at their present salaries, until the expiration of the terms for which they are respectively appointed and until their successors are appointed and qualified and each of them respectively shall have and perform all the rights, powers and duties now held and performed by each of them respectively, together with such other rights, powers and duties as may be prescribed by said industrial board. Upon the terminations of the said terms of office for which said deputy inspectors have been appointed, said industrial board, with the concurrence of the governor, shall appoint their successors to serve during the pleasure of said industrial board.

8020k2. Labor commission abolished.-53. All the rights, powers and duties of the labor commission of the State of Indiana, heretofore created and subsequently transferred to and vested in the state bureau of inspection, are hereby abolished.

802012. Location of offices.-54. The board shall be provided with adequate offices in the capitol or some other suitable building in the city of Indianapolis, in which the records shall be kept and its official business be transacted during regular business hours; it shall also be provided with necessary office furniture, stationery and other supplies. The board or any member thereof may hold sessions at any place within the state as may be deemed necessary.

8020m2. Rules of board.-55. The board may make rules not inconsistent with this act for carrying out the provisions of this act. Processes and procedure under this act shall be as summary and simple as reasonably may be. The board or any member thereof shall have the power for the purpose of this act to subpoena witnesses, administer or cause to have administered oaths, and to examine or cause to have examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute.

The county sheriff shall serve all subpoenas of the board and shall receive the same fees as now provided by law for like service in civil actions; each witness who appears in obedience to such subpoena of the board shall receive for attendance the fees and mileage for witness in civil cases in the courts.

The circuit or superior court shall, on application of the board or any member thereof, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and records.

[Acts 1919, p. 158. In force May 15, 1919.]

8020n2. Blank forms, record of accidents.-56. The board shall prepare, cause to be printed, and, upon request, furnish free of charge to any employer or employee such blank forms and literature as it shall deem requisite to facilitate and promote the efficient administration of this act. The accident reports and reports of attending physicians shall be the private records of the board, which shall be open to the inspection of the employer, the employee and their legal representatives, but not to the public, unless, in the opinion of the board, the public interest shall so require.

That the board shall make to the governor annually, on or before the first day of December, a report of its work during the preceding fiscal year, in such form as it may determine, with the approval of the governor. In order to prevent the accumulation of unnecessary and

useless files of papers, the board, in its discretion, may destroy all papers which have been on file for more than two years, when there is no claim for compensation pending, or, when compensation has been awarded either by agreement or upon hearing, and more than one year has elapsed since the termination of the compensation period, as fixed by such board.

This section amend section 8020n2 Supplement of 1918, being section 56, Acts 1915, p. 392.

[Acts 1917, p. 227. In force May 31, 1917.]

802002. Agreed compensation.-57. If after seven (7) days from the date of the injury or at any time in case of death, the employer and the injured employe or his dependents reach an agreement in regard to compensation under this act, a memorandum of the agree ment in the form prescribed by the industrial board shall be filed with the board; otherwise such agreement shall be voidable by the employe, or his dependents. If approved by the board, thereupon the memorandum shall for all purposes be enforcable by court decree as hereinafter specified. Such agreement shall be approved by said board only when the terms conform to the provisions of this act.

This section amends section 57, Acts 1915, p. 392.

A compensation agreement, made by an injured employe with his employer and approved by the Industrial Board, has the full force and effect of an award. Pedlow v. Swartz Electric Co., App., 120 N. E. 603.

[Acts 1919, p. 158. In force May 15, 1919.]

8020p2. Failure to agree, hearing.-58. If the employer and the injured employee or his dependents fail to reach an agreement in regard to the compensation payable under this act, or, if they have reached such an agreement, which has been signed by them, filed with and approved by the industrial board, and then disagree as to the continuance of payments under such agreement, because of a change in conditions since the making of such agreement, either party may make an application, to the industrial board, for the determination of the matters in dispute.

Upon the filing of such application, the board shall set the date of hearing, which shall be as early as practicable, and shall notify the parties in the manner prescribed by the board of the time and place of hearing. The hearing of all claims for compensation, on account of injuries occurring within the state, shall be held in the county in which the injury occurred, except when the parties consent to a hearing elsewhere.

This section amends 8020p2 Supplement of 1918, being section 58, Acts 1915, p. 392.

[Acts 1917, p. 154. In force March 5, 1917.]

8020q2. Hearing by board, award, copies sent.-59. The board, by any or all of its members, shall hear 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.

This section amends section 59, Acts 1915, p. 392.

8020r2. Application for review.-60. If an application for review is made to the board within 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 section.

This section amends section 60, Acts 1915, p. 392.

Finding of facts found by Industrial Board considered and held within the statute. Swing v. Kokomo Steel & Wire Co., App., 125 N. E. 471.

8020s2. Award, when final, appeal, hearing.-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 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.

This section amends section 61, Acts 1915, p. 392.

Section 4 of the above act provides that the act be in force and effect after its

passage.