Caretakers societies or hospitals, and the necessary agents employed in such transportation; to inmates of the national homes or state homes for disabled volunteer soldiers, and soldiers' and sailors' homes, including those about to enter and those returning home after discharge and boards of managers of such homes; to necessary caretakers of livestock, poultry and fruit; to employees on sieeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail service employees, post office inspectors, custom inspectors and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the railroad is interested, persons injured in wrecks and physicians and nurses attending such Physicians persons. Provided, that this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees and their families; nor to prohibit any railroad company from carrying passengers free with the object of providing relief in cases of general epidemics, pestilence, or other calamitous visitation. Any railroad company violating this provision shall be deemed guilty of a misdemeanor and for each offense, upon conviction, shall Misdemeanor, be fined not less than fifty dollars nor more than five hundred dollars, and any person other than the persons excepted in this provision, who uses any such free ticket, free pass, or free transportation, shall be subject to a like penalty. and nurses, penalty. Commission to rates, by or fix reasonable der. Sec. 14. Whenever, upon an investigation made under the provisions of this act, the commission shall find any existing rate or rates, fares, charges or classifications, or any joint rate or rates, or any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are unreasonable or unjustly discriminatory, or any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification or joint rate to be imposed, observed and followed in the future in lieu of that found to be unreasonable or unjustly discriminatory, and it shall determine and by order fix a reasonable regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory, or inadequate, as the case may be, and it shall cause a certified copy of each such order to be delivered orders. to an officer or station agent of the railroad affected thereby, which order shall of its own force take effect and become operative thirty days after the service thereof. All railroads to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad in any such rates, fares, or charges, or in any joint rate or rates, without the approval Approval of of the commission. Certified copies of all other orders of the commission shall be delivered to the railroads affected thereby in like manner, and the same shall take effect within such times thereafter as the commission shall prescribe. 9-G. & L. A. Delivery of commission. Altering or amending order. Joint rate, failure to agree. Supplemental order. Complaints submitted to commission. Order of commission, prima facie evidence. a. The commission may at any time upon application of any person or any railroad and upon notice to the parties in interest, and after opportunity to be heard as provided in section 12, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the commission, and certified copies of the same shall be served and take effect as herein provided for original orders. b. Whenever the rate ordered substituted by the commission shall be a joint rate or charge and the railroads party thereto shall fail to agree upon the apportionment thereof within twenty days after the service of such order, the commission may after a hearing, issue a supplemental order declaring the apportionment of such joint rate or charge, and the same shall take effect of its own force as part of the original order. C. Whenever the railroads shall refuse or neglect to establish a joint rate or rates for the transportation of persons or property, the commission may, upon notice to the 1ailroads and after opportunity to be heard, fix and establish such joint rate or rates, and if the railroads party thereto shall fail to agree upon the apportionment thereof within twenty days after service of such order, the commission may, upon a like hearing, issue a supplemental order declaring the apportionment of such joint rate or rates and the same shall take effect of its own force as part of the original order. "Sec. 31. All claims, charges or demands against any railroad for loss of or damages to property occurring while such property is in the custody of the carrier, or for overcharges, upon any shipment, or for any other service in violation of this act if not paid within one hundred and twenty days from the date of the filing of such claim with the railroad, may be submitted to the commission by formal complaint. If after hearing on a complaint, the commission shall determine that any party complainant is entitled to any reward for loss and damage to property, or overcharge upon shipments, or for any other service, the commission shall make an order, directing the carrier to pay to complainant the sum to which he is entitled, on or before a date named. If the railroad does not comply with the order for the payment of money within the time limit in such order, the complainant, or any one for whose benefit such order was made, may file in any court of competent jurisdiction of the county, or district, in which he resides, or in which is located any portion of the line of railroad, a complaint setting forth the causes for which he claims damages, and the order of the commission in the premises. Such suit shall then proceed as other civil actions for damages, except that on a trial of such suit a copy of the findings and order of the commission, duly certified by the secretary thereof, shall be competent testimony, and shall be prima facie evidence of the facts therein stated, and except that the plaintiff shall not be liable for any costs unless they accrue upon his appeal. Service in all cases under this section shall be the same as in other actions against common carriers." SECTION 2. That sections 8, 14 and 31 of an act entitled, "An act to regulate railroads and other common carriers in this state, create a board of railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discriminations and insure an adequate railway service," passed April 2d, 1906, are hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. Repeal. To amend section 289 of the Revised Statutes of Ohio making it unlawful to engage in the insurance business in Ohio unless the same is expressly authorized by the laws of this state. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 289 of the Revised Statutes of the State of Ohio be amended so as to read as follows: SEC. 289. The provisions of this chapter shall apply to individuals and parties, and to all companies and associations, whether incorporated or not, now or hereafter engaged in the business of insurance; and it is unlawful for Insurance. any company, corporation or association, whether organized in this state or elsewhere, either directly or indirectly, to engage in the business of insurance, or to enter into any contracts substantially amounting to insurance, or in any manner to aid therein, in this state, or to engage in the business of guaranteeing against liability, loss or damage, or for any company, corporation or association, engaged in the business of providing for the payment of the funeral, Funeral exburial or other expenses of deceased members or certificate holders therein, or engaged in the business of providing any other kind of insurance, to contract to pay or to pay the same, or its benefits or any part of either, to any official Official unundertaker, or to any designated undertaker or undertaking concern, or to any particular tradesman or business man, SO as to deprive the representative or family of the deceased from, or in any way to control them, in procuring and purchasing said sup penses. dertaker. Sanitariums, etc., excepted. plies and services in the open market with the advantage of competition, unless the same is expressiy authorized by the statutes of this state, and such statutes and ali laws regulating the same and applicable thereto have been complied with, provided that nothing in this chapter nor in any other statute of the state of Ohio, pertaining to insurance shall so operate or be construed as to apply to the establishment and maintenance by individuals, associations or corporations, of sanitorium or hospitals for the reception and care of patients for the medical, surgical or hygienic treatment of any and all diseases, or for the instruction of nurses in the care and treatment of diseases and in hygiene, or for any and all said purposes, nor to the furnishing of any and all of said services, care or instruction in or in connection with any such institution under or by virtue of any contract made for such purposes, with residents of the county in which such sanitorium or hospital is located. SECTION 2. That said section 289 of the Revised Statutes of Ohio, as amended April 23, 1904, be and the same hereby is repealed. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. Passed April 9, 1908. JAMES M. WILLIAMS, This bill was presented to the governor April 9th, 1908, and was not signed nor returned to the house wherein it originated within ten days after being so presented, exclusive of Sundays and the day said bill was presented, and was filed in the office of the secretary of state April 22d, 1908. To amend section 7067 of the Revised Statutes relating to use of false weights. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 7067 of the Revised Statutes be amended so as to read as follows: Sec. 7067. Whoever knowingly buys or sells, or directs or permits any person in his employ to buy or sell, Short weight any property, and makes or gives any false or short weight or measure; and any person owning or having charge of any scales or steelyards, fixed for the purpose of misweighing an article bought or sold and any person having or measure. scales. any such scales or steelyards for the purpose of weighing any property, and who knowingly reports any false or untrue weight, and any person, firm or corporation using in the sale of any commodity a computing scale or device in- Computing dicating the weight and price of such commodity, upon which scale or device the graduations or indications are false, or inaccurately placed, either as to weight or price, shall be fined not more than fifty dollars. SECTION 2. That said section 7067 of the Revised Statutes be and the same is hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. Passed April 9, 1908. JAMES M. WILLIAMS, This bill was presented to the governor April 9th, 1908, and was not signed nor returned to the house wherein it originated within ten days after being so presented, exclusive of Sundays and the day said bill was presented, and was filed in the office of the secretary of state April 22d, 1908. RANDOLPH W. WALTON, Penalty. [Senate Bill No. 316.] Veto Clerk. AN ACT To authorize municipal corporations to issue bonds for constructing additional buildings for municipal universities. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That any municipal corporation having, or which may have, a university supported in whole or in part by municipal taxation, is hereby authorized to issue bonds for the erection of additional buildings or the completion of buildings not completed, for such municipal university, and for the equipment thereof. Municipal university. Issue of lation of. SECTION 2. That such bonds may be issued under ordinance of council of such municipality with the approval bonds, reguof the mayor, and only upon the receipt of a certified resolution from the board of directors of such university of the necessity of such issue. Such resolution and ordinance shall specify the amount of such issue, the denomination of bonds, their rate of interest, their dates, and the times of their maturity. SECTION 3. That the bonds so issued shall be sold according to the provisions of law for the sale of municipal bonds, and the proceeds thereof, excepting the premiums and accrued interest, shall be placed in the treasury of such |