term shall be on the docket for such. term, and such appeals shall have precedence over other cases on such docket. The attorney general, without extra compensation, or other counsel, if the commission see fit to employ the same, shall represent the commission on such appeal. The supreme court, on such appeal, shall determine the right of the claimant and certify its decision to the commission, and, if it determines the right in his favor, the commission shall fix his compensation within the limits and under the rules prescribed in this act. The costs of such proceedings, including a reasonable attorney's fee, not exceeding one hundred dollars, to the claimant's attorney, to be fixed by the court, shall be taxed against the unsuccessful party. No fees, expenses or costs shall be paid out of any compensation awarded.

Sec. 44. Such commission shall not be bound by the usual common law or statutory rules of evidence, or by any technical or formal rules of procedure, other than herein provided, but may make the investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly and liberally the spirit of this act.

Sec. 45. The commission may make necessary expenditures to obtain statistical and other information to establish the classes provided for in section eighteen.

Sec. 46. Annually on or about the fifteenth day of September in each year, such commission, under the oath of at least two of its members, shall make a report as of the thirtieth day of June, to the governor, which shall include a statement of the number of awards made by it, and a general statement of the causes of the accidents leading to the injuries for which the awards were made; a detailed statement of all disbursements, and the condition of its fund, together with any other matters which such commission deems it proper to call to the attention of the governor, including any recommendations it may have to make, and the commission whenever required by the governor shall report to him as to any designated subject or matter, and furnish such information as may be required.

Sec. 47. The commission may sue in the circuit court of Kanawha county in its own name for any premiums owing from any employer for any part of the period intervening between notice given by such employer as hereinbefore provided of his election to pav into the fund the premiums provided by this act, and notice similarly given of the election of such employer to discontinue the payment of

such premium, and such employer shall be liable in any action so brought for such premium and interest thereon with costs.

Sec. 48. The auditor shall issue his warrant for any disbursement hereunder only when approved in writing by the chairman or acting chairman and secretary of the commission, and the chairman or acting chairman and secretary shall not issue any such approval unless authorized by the commission by an order entered of record. Whenever it shall appear that the chairman will be absent or unable to act at sessions of the commission for one week or more, another member of the commission may be designated by the commission as acting chairman during the absence or inability to act of the chairman, and during such period shall have all the duties and powers of the chairman.

Sec. 49. Any person, firm or corporation, knowingly failing to make any report or perform any duty required by the commission within the time specified, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than twenty-five hundred dollars. Any person, or firm, or the officer of any corporation, who knowingly makes a false report or statement under oath, or affidavit respecting any information required by the commission, or who shall knowingly testify falsely in any proceeding before the commission, shall be deemed guilty of perjury and upon conviction thereof shall be punished as provided by law.

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Sec. 50. Any person who shall knowingly secure or attempt to secure larger compensation, or compensation for a longer term than he is entitled to, from said workmen's compensation fund, or knowingly secure or attempt to secure compensation from said fund when he is not entitled to any, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars or imprisoned not exceeding twelve months, or both, in the discretion of the court, and shall, from and after such conviction, cease to receive any compensation from such fund.

Sec. 51. Whenever and as often as there shall be in the hands of the treasurer any sum belonging to the workmen's compensation fund not likely, in the opinion of the commission, to be required for immediate use, it shall be the duty of the board of public works, when called upon by the commission, to loan such sum or to invest the same in interest bearing securities, and when and as it may become necessary or expedient to use the moneys so loaned or invested the board of public works shall, when called upon by the commission,

collect or sell or otherwise realize upon any such loan or investment, and any interest accruing upon any such loan or investment, as well as any interest received upon the deposit of moneys belonging to said fund, shall be credited to said fund.

Sec. 52. The provisions of this act shall apply to employers and employes engaged in intrastate and also in interstate or foreign commerce for whom a rule of liability or method of compensation has been or may be established by the congress of the United States only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that any such employer and any of his employes working only in this state may with the approval of the commission, and so far as not forbidden by any act of congress, voluntarily accept the provisions of this act by filing written acceptances with the commission, and such acceptances, when filed with and approved by the commission, shall subject the acceptors irrevocably to the provisions of the act to all intents and purposes as if they had been originally included in its terms. Payments of premium shall be on the basis of the pay roll of the employes who accept as aforesaid.

Sec. 53. If any employer shall be adjudicated to be outside the lawful scope of this act, the act shall not apply to him or his employe; or if any employe shall be adjudicated to be outside the lawful scope of this act, because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting, in accordance, with the justice of the case shall be had of moneys received. If the provisions of this act for the creation of the fund, or the provisions of this act making the compensation to the employe provided in it exclusive of any other remedy on the part of the employe shall be held invalid, the entire act shall be thereby invalidated and an accounting according to the justice of the case shall be had of money received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any part thereof.

Sec. 54. If deemed best by it the commission may insure in any liability insurance company, or companies, authorized to do business in West Virginia, all or any part or class of, or one or more individual risks of, the liabilities of the workmen's compensation fund for any year or series of years, and apply so much as may be necessary of the

premiums collected for such year or years toward the payment of the premiums for such insurance.

Sec. 55. If the provisions of this act relating to compensation for injuries to, or death of workmen shall be repealed or adjudged invalid or unconstitutional, the period intervening between the occurrence of any injury or death and such appeal, or the final adjudication of invalidity or unconstitutionality, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injuries or death, but the amount of any compensation which may have been paid on account of such injury or death, shall be deducted from any judgment for damages recovered on account of such injury or death.

Sec. 56. All acts and parts of acts in conflict with this act are hereby repealed.

(Substitute for House Bill No. 195.)

CHAPTER 11.

AN ACT to further grant, define and regulate the rights, duties, powers and privileges of hydro-electric and other companies producing electric or other energy or power, and to that end to authorize such companies to exercise the right of eminent domain; to have the powers and duties of public utility corporations; to fix the license tax on gross income of such companies; to provide for the regulation of such companies by the board of control or other body authorized by law so to do; and to give to municipal corporations right to take water for use of such municipality and to condemn rights-of-way therefor.

(Passed February 21, 1913. In effect ninety days from passage. Approved by the Governor February 26, 1913.)

Be it enacted by the Legislature of West Virginia:

Sec. 1. All water streams within the state capable of developing electrical or other energy or power shall be under the control and. supervision of the state; provided, however, nothing contained in this section shall deprive any riparian owner of any right or interfere with his exercise of the same.

Sec. 2. That all corporations hereafter organized or heretofore organized under the general laws of this state, and all corporations organized under the laws of any other state of the United States, and which have complied or may comply with the laws of this state, and which by their charter have the right to manufacture, supply and sell to the public, electrical or other energy or power, produced by water as a motive force, shall in addition to the other powers conferred by law have the following rights, powers and authority:

To acquire by condemnation the lands and rights necessary for the construction and operation of dams across any of the streams of this state, and works connected therewith or useful thereto, either up or down stream therefrom, and to construct and operate at the site thereof or other points, up or down stream therefrom, and across said stream, dams, together with all works incident, necessary or related thereto and in connection therewith; to condemn lands or easements therein for the purpose of impounding the waters of any water course or water courses of the state, or divert the same without injury to the rights of others, and to raise higher such dams, and to enlarge the works necessary, related or incident thereto, and to construct other works necessary, incident or related thereto, either up or down stream therefrom, as may be required or deemed expedient by such corporation in the manufacture and supply of electrical or other energy or power produced by water as a motive force.

To acquire by condemnation all lands or water or interests or