state highway commissioner, use part of such apportionment for construction and any residue remaining for repair, in any case to be under the provisions of this act. sioners, cer sioner of If the county commissioners do not make application for state aid for repairs as provided in this act, and the road Road commiscommissioners of any special road district of two or more tificate to townships levy a tax for the repair of the permanent high- commisways within said special road district and certify to the com- highways. missioner of highways the amount of the repair fund raised by said levy, then an amount of money equal to the repair fund shall be forwarded to the county treasurer of the county in which said special road district is situated for the repair of the improved roads in said district. If the road commissioners of more than one special road district situated within the same county, make application to the state highway commissioner for money for the repair fund of said special road districts and the aggregate amount of the repair funds of the special road districts exceeds the money apportioned to the county within which said special road districts are situated, then the money forwarded to the county treasurer shall be apportioned among said special road districts in proportion to the amount of the respective repair funds thereof. SECTION 32. The money appropriated from time to time by the state for the purpose of carrying out the provisions of this act shall not be used in any other manner or for any other purpose than as herein provided; provided, further, that the amounts appropriated shall be divided equally among the counties of the state, but said amounts shall remain in the state treasury until applied for under the provisions of this act where the several counties have filed applications for such amounts within the time required and said applications have been approved; and provided, further that on the fifteenth day of January of any year when any counties or townships therein have not filed such applications in compliance with the requirements of this act, and the apportionment to such counties are not available by reason of neglect on the part of such counties or townships to comply with the provisions of this act, such apportionment to such counties shall be equally re-apportioned to the other counties of the state which have complied with the requirements of this act. State approvision of. priations, funds. SECTION 33. Whenever there shall be available any funds for highway improvement in the state from the fed- Federal eral government the same shall be apportioned by the state highway commissioner on or before the first day of January in each year according to the mileage of township or county roads in each county, but said funds shall only be used for the purpose of extending, improving, maintaining and constructing highways made under the provisions of this act, or which are of a standard approved by the state highway department, and shall be distributed upon application for the same by the county commissioners of the various counties. Provided, further, that if the amount so apportioned and set aside shall not be applied for a period of two years after it becomes available, it shall be returned to the state treasury and be added to the appropriations for the current year and distributed anew, as herein provided. SECTION 34. That the said act, entitled, "An act to establish a state highway department by the appointment of a state highway commissioner and assistants, and defining the powers and duties of the office, and to provide for a system of state, county and township co-operation in the permanent improvement of public highways," passed April 18, 1904, as amended April 2, 1906, and that the said act, entitled "An act providing for the operations of the state highway department and providing for investigating the chemical and physical character of road making material, and for defining the word highway, and to provide for a tax levy to repair destroyed highways, by freshet or other casualty," passed April 18, 1904, as amended April 2, 1906, be and the same are hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. President of the Senate. Passed May 9, 1908. ANDREW L. HARRIS, Governor. 153G. $25.00 for Memorial Day. [Senate Bill No. 298.] AN ACT Authorizing the county commissioners of the several counties of this state, to appropriate annually, a sufficient sum of money, to each Post of the Grand Army of the Republic, in their respective counties, to aid in defraying the expenses of Memorial Day. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That the county commissioners of the several counties, of the state of Ohio, are hereby authorized, to appropriate annually, to each post of the Grand Army of the Republic, in their respective counties, a sufficient sum of money, not exceeding twenty-five dollars each, to aid in defraying expenses of Memorial Day. FREEMAN T. EAGLESON, Speaker of the House of Representatives. President of the Senate. Passed May 9, 1908. Approved May 9, 1908. ANDREW L. HARRIS, Governor. [Senate Bill No. 301.] AN ACT To provide for the creation of a commission to recommend such changes in the laws as may be necessary or advisable for the regulation of coal mines in the state of Ohio and for the protection of the health and lives of operatives in such mines, and for an appropriation to pay the expenses thereof. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That the governor shall appoint a commission of seven citizens of the state of Ohio, three of whom shall be practical miners or operatives in coal mines, three of whom shall be owners or operators of coal mines, and one who shall be agreeable to the first six appointed, who shall constitute a commission to recommend such changes in the laws as may be necessary or advisable for the regulation of coal mines in the state of Ohio and for the protection of the health and lives of operatives in such mines; and in case a vacancy shall occur in said commission the governor is authorized to fill the same. Mining compointment of. mission, ap commission. SECTION 2. Such commission shall inquire into the Duties of conditions surrounding the operation and conduct of coal mines in the various districts of the state of Ohio, with the view of ascertaining what provisions of law would best promote and protect the health and safety of the miners and operatives therein and the mutual interests of the miners and operatives; and for this purpose it shall hear representatives of the miners and operatives in such mines and the owners and operators of such mines, such commission may employ an expert mining engineer and electrician at a salary not to exceed ten ($10.00) dollars per day, and shall invite the fullest and clearest presentation of the views of all persons interested in the operation of coal mines in this state, and shall have authority to send for persons and papers and may personally investigate the conditions surrounding coal mines in the various districts of this state. Mining engineer, tion of. compensa tion and report of commission. SECTION 3. Such commission shall be organized by Organiza-, the election of proper officers, and shall make its report to the governor for transmission to the general assembly as soon as it shall have completed the investigations herein provided for, together with its recommendations of changes in and additions to the existing laws, with the bill or bills submitted for enactment, and its reason therefor. meeting. SECTION 4. The commission shall meet in the office Place of of the chief inspector of mines and shall provide necessary stationery for its use. It may employ a stenographer, who shall act as secretary and whose services shall be paid for out of the money hereby appropriated; and the commission shall have free access to the rolls, books and records in all departments of the state. The commissioners shall each receive the sum of five dollars per day for the time 21-G. & T.. A. Compensamissioners. tion of com Appropriation. actually employed in the work of the commission, together with actual expenses incurred while traveling to and attending meetings or while engaged in the work of the commission. The sum of five thousand dollars, or so much thereof as may be necessary, to pay the same, be and it is hereby appropriated out of any money in the treasury not otherwise appropriated, to be paid upon the duly authenticated requisition of the commission accompanied by vouchers showing the purposes for which drawn, when approved by the gov ernor. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed May 9, 1908. ANDREW L. HARRIS, Governor. 155G. "Service fund." [Senate Bill No. 305.] AN ACT To provide for the expenses of the members of boards of education in school districts of the state of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That a service fund for members of the board of education of any city school district be authorized and that it be operated as follows: Upon the passage of this act and upon the third Monday of every January thereafter the clerk of the board of education shall certify to the board of education of which he is clerk, the number of pupils enrolled in the public schools of that district, whereupon the board of said city school district may by resolution set aside from the contingent fund a sum not to exceed five cents for each child so enrolled, said sum of money to be known as the "service fund" to be used only in paying the expenses of said members actually incurred in the performance of their duties; such payments to be made only on statement of the several members furnished at the last meeting held in each month. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed May 9, 1908. ANDREW L. HARRIS, Governor. [Senate Bill No. 322.] AN ACT To amend, repeal and supplement certain sections of the Revised Statutes of Ohio and parts of certain acts, named herein, relating to hospitals for insane and other state benevolent and correctional institutions. I. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 1 and 2 of an act passed April 26, 1890 (Vol. 87, page 334, O. L.), entitled "An act to compel directors, boards, superintendents, managers, stewards of the penal, reformatory, charitable and benevolent institutions to purchase native livestock for food consumption," be repealed. SECTION 2. That section 632 of the Revised Statutes of Ohio be supplemented by two sections to be numbered 632a and 632b, relating to inmates of benevolent institutions. Sec. 632a. No person who has not gained a legal residence in the state of Ohio shall be admitted to any benevolent institution of the state; provided, however, that the board of state charities may authorize the reception of a non-resident person into an institution in cases where the legal residence cannot be ascertained, or where the peculiar circumstances of the case constitute, in their judgment, a sufficient reason for the suspension of this rule, after an investigation has been made as hereinafter provided. Sec. 6326. Whenever application shall be made to any judge of the probate court for the commitment of any person to a hospital for insane, the hospital for epileptics, or the institution for feeble-minded, or whenever application shall be made to the superintendent of any other benevolent institution for the admission of any person to any such institution, it shall be the duty of said judge of the probate court or the superintendent to require answers to the following questions: I. Where was the person born? When did he become a resident of the state of Ohio? 3. When did he become a resident of the county? 4. If not a legal resident of state and county, on what ground is the application made? If the judge of the probate court or superintendent shall find that the said person whose commitment or admission to an institution is requested has not a legal residence in the state of Ohio, or if his legal residence is in doubt or unknown, and if he is of the opinion that such person should be committed or admitted to such institution, it shall be his duty, without delay, to notify the board of state charities, giving his reason for requesting such commitment or admission. It shall be the duty of the board of state charities, either by committee, or by its secretary, or by such agent as it may designate, to investigate the question of the legal residence of such persons as shall be reported to said board as aforesaid, and such committee, secretary, or |