mortgagor for the benefit of the mortagee, until the debt is paid, and on failure so to do the mortgagor shall do the same and the expense of the insurance to the mortgagee shall be repaid by the mortgagor and be a lien on the property concurrent with the mortgage; or the court may order the same to be re-invested in other real estate within this state, under such restrictions as it may prescribe, which investments shall be reported to the court, and subject to its approval and confirmation; the real estate in which the money is re-invested shall, for purposes of descent, succession, reversion, or remainder, have the same character and be governed by the same principles, as the estate sold, and shall pass according to the terms of the deed, will, or other instrument creating the estate sold; the court shall appoint competent trustees to invest the money, and manage the Trustees. same, who shall, from time to time, report to the court their proceedings, and the condition of the fund; and the court shall require of such trustees security for the faithful discharge of their duty; may, from time to time, require additional security; may remove such trustees for cause, or reasonable apprehension thereof; and may accept the resignation of a trustee, and fill a vacancy by a new appointment. SECTION 2. That said section 5809 is hereby repealed. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. President of the Senate. Fill vacancy. JAMES M. WILLIAMS, Passed February 25, 1908. Approved February 26, 1908. ANDREW L. HARRIS, Governor. [House Bill No. 727.] AN ACT In relation to the safety, competency and the employment of coal miners, and to punish for infraction of the same. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That every person desiring to work by himself as a miner in the coal mines of this state shall first produce satisfactory evidence to the mine boss of the mine in which he is employed, or desires to be employed, that he has worked at least one year with, or as a practical coal miner. Until said applicant has so satisfied the mine boss Practical of the mine in which he seeks such employment of his competency, he shall not be allowed to mine coal unless miner. Qualification. Misdemeanor. accompanied by some competent coal miner, until he becomes duly qualified; provided that this act shall only apply to mines generating fire damp, gas or combustible matter. SECTION 2. Any person violating section 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction be fined, not more than two hundred dollars, nor less than twenty-five dollars, at the discretion of the court. SECTION 3. That an act entitled "An act in relation to the safety, competency and employment of coal miners, and to punish for infraction of the same," passed April 2, 1906, is hereby repealed. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed February 25, 1908. Approved February 26, 1908. ANDREW L. HARRIS, Governor. 13G Commission of five. Term, five years. Compensation. [House Bill No. 913.] AN ACT Providing for the care and protection of the memorial at Fort WHEREAS, The state of Ohio has acquired the ground upon which Fort Meigs was located, and in recognition of the historical importance of said property, has erected a memorial thereon, and, WHEREAS, It will be necessary to appoint a commission to care for and protect said memorial and grounds; therefore, Be it enacted by the General Assembly of the State of Ohio: SECTION I. That a commission of five citizens of the state of Ohio be appointed by the governor of the state to care for, protect and control the memorial and property of the state of Ohio at Fort Meigs, and any other historic grounds or property adjacent thereto, which may hereafter be acquired by the state of Ohio. SECTION 2. Said commission shall be appointed for terms of five years, excepting that the members first appointed under the provisions of this act shall be appointed for terms of one, two, three, four and five years, respectively. Said commission shall serve without compensation. SECTION 3. Such commission shall have the entire management and control of said memorial and grounds, and of all improvements thereon, including the location memorials. and erection of all memorials upon such property; the main- Erection of tenance, improvement and protection thereof, and the expenditure of all moneys hereafter appropriated therefor. regulations. And for the purpose of carrying these powers into effect, said commission may adopt such rules and regulations Rules and governing the use, protection, improvement and management of said property as may be necessary. SECTION 4. Said commission shall make such report to the governor of the state as the governor may from time to time call for. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. To prevent the corruption of elections and political parties by corporations. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That no corporation doing business in this state shall directly or indirectly pay, use or offer, consent or agree to pay or use, any of its money or property for, or in aid, of any political party, committee or organization, or for, or in aid of, any candidate for political office or for nomination for any such office, or in any manner use any of its money or property for any political purpose whatever, or for the reimbursement or indemnification of any person or persons for moneys or property so used. Use of money for political purposes, prohibited. SECTION 2. Every corporation for profit doing business in this state, except corporations required by law to file annual report with the auditor of state or the superintendent of insurance, shall annually during the month of May, if it be a domestic corporation, and during the month of September, if it be a foreign corporation, file with the secretary of state in such form as the secretary of state shall prescribe, an affidavit subscribed and sworn to by an officer Affidavit. having knowledge of the facts therein set forth, setting forth that such corporation has not directly or indirectly during the preceding year paid or contributed to the funds of any political organization, committee or candidate, or used its money or property in violation of section 1 of this act. Such forms of affidavits as the secretary shall pre Corporations filing annual reports with auditor and superintendent of insurance. Violations. Penalty Competent witness. Witness not liable to prosecution. scribe shall be attached to or made part of the report re- SECTION 3. Every corporation which violates section I A person offending against this act is a competent witness against another person so offending, and may be compelled to attend and testify on any trial, hearing or proceeding or investigation in the same manner as any other person. The testimony given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such an indictment or prosecution. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed February 25, 1908. Approved February 26, 1908. ANDREW L. HARRIS, Governor. [Amended House Bill No. 673.] AN ACT To qualify the liability of railroad companies for injuries to their employes. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. Every railroad company operating any railroad which is in whole or in part within this state shall be liable for all damages sustained by any of its employes by reason of personal injury or death of such employe: evidence. I. When such injury or death is caused by a defect in any locomotive, engine, car, hand-car, rail, track, machinery or appliance required by such company to be used by its employes in and about the business of their employment, if such defect could have been discovered by reasonable and proper care, tests or inspection; and proof of such defect shall be presumptive evidence of knowledge thereof Presumptive on the part of such company; and any such employe of such railroad company who may be injured or killed as a result of any such defect, shall not be deemed to have assumed the risk occasioned by such defect, although continuing in the employment of such railroad company after knowledge of such defect; nor shall continuance in employment after Continuance such knowledge by any employe be deemed an act of contributory negligence. in employment not con tributory 2. While any such employe is engaged in operating, running, riding upon or switching passenger, freight or other trains, engines or cars, and while engaged in the performance of his duties as such employe, and when such injury shall have been caused by the carelessness or negli- Carelessness or negligence. gence of any other employe, officer or agent of such company, in the discharge of or for failure to discharge his duties as such. SECTION 2. That in all actions hereafter brought against any railroad company operating any railroad in whole or in part within this state, for personal injury to an employe or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence, shall not bar a recovery where his Slight concontributory negligence was slight and that of the employer negligence was greater in comparison. But the damages shall be dimin- no bar to ished by the jury in proportion to the amount of negligence attributable to such employe. All questions of negligence and contributory negligence shall be for the jury. FREEMAN T. EAGLESON, Speaker of the House of Representatives. tributory recovery. Passed February 28, 1908. ANDREW L. HARRIS, Governor. |