Penalty. minutes have elapsed. And when it is necessary to tamp dynamite, nothing but a wooden tamper shall be used. SECTION 2. Any person violating any part of this act, shall be deemed guilty of a misdemeanor, and upon conviction be fined, not more than one hundred dollars, nor less than five dollars, at the discretion of the court. SECTION 3. This act shall take effect and be in force six months after passage. FREEMAN T. Eagleson, Speaker of the House of Representatives. Be it enacted by the General Assembly of the State of Ohio: SECTION I. The boards of county commissioners of the several counties in this state are hereby authorized and required to levy, in addition to the taxes now levied by law for other purposes than those herein provided, a tax not exceeding two-tenths of one mill per dollar on the assessed value of the property of their respective counties, to be levied and collected as now provided by law for the how obtained. assessment and collection of taxes, for the purpose of creating a fund for the relief of the needy blind of their respective counties. Relief fund. Needy blind, defined. Blind relief commission. SECTION 2. A needy blind person shall be construed to mean any person who, by reason of loss of eye-sight, is unable to provide himself with the necessities of life, and who has not sufficient means of his own to enable him to maintain himself. SECTION 3. The judge of the probate court in each of said counties shall, within thirty days after the passage of this act and annually thereafter on or before the first Monday of April appoint three persons, residents of such county. one to serve for three years, one to serve for two years, and one to serve for one year from the date of such appointment and each year thereafter one person to serve for three years. Such persons so appointed shall be known and designated as the "blind relief commission," and shall organize by electing one of their number as president and one of their number as secretary to serve until the next annual appointment of a member. The judge of the probate court may, for cause, remove any member of the commission, and shall fill all vacancies occurring thereon, whether by removal or otherwise, for the unexpired term. ings. SECTION 4. The blind relief commission shall meet at the office of the county commissioners, within thirty days after its appointment and thereafter annually on the fourth Annual meetday of November of each year, and at such other times as may be necessary on the call of the secretary, and examine carefully the list of applications properly filed. Qualifica SECTION 5. A needy blind person in order to receive tions.. relief under this act must be a resident of this state at the passage of this act, or become blind while a resident of this state, and shall be a resident of the county for one year. ord. SECTION 6. All persons claiming relief under this act shall file, at least ten days prior to action on said claims, with the board, a duly verified statement of the facts bringing him within the provisions of this act. The list of claims shall be filed in the order of filing in a book furnished for that purpose by the county commissioners, and which record Public Recshall be open to the public. No certificate of qualification for drawing money under this act shall ever be granted until the board shall be satisfied, from the evidence of at least Evidence. two reputable residents of said county, one of whom shall be a registered physician, that they know the applicant to be blind, and that he has the residential qualifications to entitle him to the relief asked for, which evidence shall be in writing, subscribed to by such witnesses, subject to the right of cross-examination by the board or other persons. If the board is satisfied upon such testimony that the applicant is entitled to any relief hereunder, they shall issue an order therefor, in such sum as they find needed, not to exceed $150.00 per annum, to be paid quarterly out of the fund Quarterly herein provided for on the warrant of the county auditor, and such relief shall be in lieu of any other relief of a public nature. payment. decrease. SECTION 7. At its annual meeting, the board shall examine as to the qualifications of any one on the blind list and increase or decrease the allowance within the statutory Increase or limits, or if they are not satisfied that the person so on the list is qualified to draw any money they shall entirely remove him from the list and shall forthwith notify the auditor of such action. tion. SECTION 8. Each member of said board shall receive $2.00 per diem while on actual attendance upon duty, not Compensato exceed five days in any one year, and mileage at the rate of 8 cents per mile, going and returning. SECTION 9. The county commissioners of every county are hereby authorized and directed to transfer from any money in the poor fund of any county, to the blind fund, herein provided, for the year 1908, sufficient money to carry out the purposes of this act. Transfer from poor fund to blind fund. Perjury. SECTION 10. Any person who shall make a false statement in order to secure benefit for himself or another, the benefit herein provided, shall, upon conviction, be deemed guilty of perjury. Speaker of the House of Representatives. FREEMAN T. EAGLESON, Grade crossings. Parties defendant. Petition, what to contain. [House Bill No. 922.] AN ACT To amend section 4 of an act entitled, "An act to provide how railroad and highway crossings may be constructed," passed April 25, 1904, in relation to railroads crossing highways and highways crossing railroads. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 4 of an act entitled, "An act to provide how railroad and highway crossings may be constructed," passed April 25th, 1904, be amended so as to read as follows: Sec. 4. Whenever it shall be desired by any railroad company constructing a new railroad, or in changing or in altering the location of a railroad heretofore constructed, or by any municipality or authority constructing a new highway that the railroad or highway should be so constructed that the railroad and highway shall cross each other at the same grade, or if it is desired to divert, change or alter any existing public highway, a petition shall be presented by the party desiring such construction or diversion to the court of common pleas of the county within which said crossing or diversion is situated and the railroad company, if it is a highway asking for the right to cross a railroad shall be the defendant, and if it is a railroad company asking for the right to cross a highway, or divert, change or alter any existing public highway, in a municipality such municipality shall be the defendant, and if outside of a municipality, then the trustees of the township and the board of county commissioners of the county shall be the defendants, and summons shall be served and the rule days and the rights of the defendants to plead shall be the same as in civil actions in said court. Said petition shall set forth the reasons that are supposed to make the same necessary or desirable; and the court of common pleas shall thereupon have jurisdiction of the parties and the subject matter of such peti Order of what. tion, and may proceed, to examine the matter, either by evidence, by reference to a master commissioner or otherwise; and if satisfied that such construction is reasonably required to accommodate the public, or to avoid excessive expense, in view of the small amount of traffic on the highway or railroad, and considering the future uses to which said highway may be adapted, or in view of the difficulties of other methods of construction, or for other good and sufficient reasons, then it shall make an order or orders permitting court, may such crossing at grade or diversion to be established; and prescribe it may, in such order, or orders, in its discretion, prescribe that gates, signals, watchmen, or other safeguards shall be maintained by the railroad company, in addition to the signals and safeguards prescribed by statute, and all such orders shall be binding upon the parties and shall be observed by them. All costs and expenses of the proceedings shall Costs and be ascertained and allowed by the court of common pleas and shall be paid by such party as it shall decide, or by it apportioned between the parties, and may be collected by execution out of said court. Appeals may be taken and Appeals. error prosecuted from the decision of the common pleas court to the circuit court as in civil actions, and the decision of such circuit court shall be final and conclusive. In both the common pleas and circuit courts proceedings brought hereunder shall be advanced over other civil causes. SECTION 2. That section 4 of an act entitled "An act to provide how railroad and highway crossings may be constructed," passed April 25, 1904, is hereby repealed. JOSEPH D. CHAMBERLAIN, expenses. To amend sections 3324, 3325 and 3326 of the Revised Statutes, to more effectually protect life and property in the operation of railroads. Be it enacted by the General Assembly of the State of Ohio: Sec. 3324. A company or person having control or management of a railroad shall construct, or cause to be Fences. Cattleguards. Temporary. crossings. Damage by fire. Attorney's fees. constructed, and maintain in good repair on each side of such road, along the line of the lands of the company owning or operating the same, a fence sufficient to turn stock; and when such fence is constructed out of barbed wire, or separate lateral strands not connected by inter-woven wire, or cross perpendicular wire not more than fifteen inches apart, there shall be securely fastened to the posts, at the top of the same, at right angies thereto, at least one board, not less than one and one-eighth inches thick and five inches wide, and extending the entire length thereof; and before operating such road shall cause to be maintained at every point where any public road, street, lane or highway used by the public, crosses such railroad, safe and sufficient crossings, and on each side of such crossings cattle-guards sufficient to prevent domestic animals from going upon such railroad; and such company or person shall be liable for all damages sustained in person or property in any manner by reason of the want or insufficiency of any such fence, crossing or cattle-guard, or any neglect or carelessness in the construction thereof, or in keeping the same in repair. That provided, where any road now in process of construction, or any proposed road, passes through any inclosed land, that the company or person having control of any such road shall, during the construction of the same, provide suitable crossings for the owner or occupant of each farm, and make and keep in repair fences along the line of such road through such inclosed fields, and protect any crops growing thereon; and further provided, that where the company or person agrees with the owner of the lands through which any railroad passes, that said owner shall build and keep in repair any portion of the fencing, and should said fencing be destroyed or damaged by fire from passing trains or by the elements, said company or person owning or operating such road shall rebuild or repair said fence, provided the property-holder should demand it; and provided, that if any railroad company shall fail or refuse to construct any fence in the manner hereinbefore provided, within six months after the passage of this act, and after having received written notice so to do from the owner or occupant of any lands through which the road may pass, that then said owner or occupant may, after thirty days from the time of serving such notice upon the agent of such company nearest said lands, proceed to construct the same, and the company shall be liable to such person for the cost thereof, together with the attorney's fees as provided for in section 3325. This act shall apply to all fences now built, as well as those hereafter constructed. Sec. 3325. If such company or person neglect or refuse to construct such fence, as is provided for in the preceding section, the owner of any land abutting on the line of the land of the railroad may construct the fence therein provided for, so far as his land abutt on the railroad lands; and when he has completed the same he may present for |