of transcripts thereof. In proceedings to review any finding, order or award, costs as between the parties shall be allowed, or not, in the discretion of the court, but no costs shall be taxed against said Commission. In any action for the review of any finding, order or award, and upon any review thereof by the supreme court, it shall be the duty of the district attorney of the county wherein said action is pending, or the attorney general, if requested by the Commission, to appear on behalf of the Commission, whether any other party defendant should have appeared or be represented in the action or not.

Sec. 43. Any person who shall wilfully fail or neglect to appear and testify or to produce books, papers and records as required by subpoena duly served upon him, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or imprisoned in the county jail not longer than thirty days for each such offense.

The district court of the county wherein such person resides, or of the city and county of Denver, upon application of the Commission or its agent, may issue an order compelling the attendance and testimony of witnesses and the production of books, papers and records before such Commission or any such agent.

Sec. 44. If any employer or employee, or any other person shall violate any provisions of this Act, or shall do any act prohibited thereby, or shall fail or refuse to perform any duty lawfully enjoined, within the time prescribed by the Commission, for which no penalty has been specifically provided, or shall fail, neglect or refuse to obey any lawful order made by the Commission or any judgment or decree made by any court as provided by this Act, for each such violation, failure or refusal, such employer, employee or other person shall be punished by a fine of not less than one hundred dollars for each such offense.

Sec. 45. Every day during which any employer or officer or agent thereof, or any employee, shall fail to comply with any lawful order of the Commission or to perform any duty imposed by this Act, shall constitute a separate and distinct violation thereof.

Sec. 46. All penalties provided for in this Act shall be collected in a civil action brought against the employer or employee as the case may be, in the name of the Commission, and all such penalties, when collected, shall be paid into the expense fund of such Commission and become a part thereof.

Sec. 47. Upon request of the Commission, the attorney general, or under his direction, the district attorney of any district or county, shall institute and prosecute the necessary action or proceedings for the enforcement of any of the provisions of this Act, or for the recovery of any money due the Commission, or any penalty herein provided for, arising within the district or

county in which he was elected, and shall defend in like manner all suits, actions or proceedings brought against the Commission.

Sec. 48. If, for the purpose of obtaining any order, benefit or award under the provisions of this Act, either for himself or for any other person, any one wilfully makes a false statement or representation, he shall be guilty of perjury and punished accordingly.

Sec. 49. There is hereby appropriated out of any money in the treasury, not otherwise appropriated, the sum of fifty thousand dollars or so much thereof as may be necessary to carry out the provisions of this Act for the current biennial period.

Sec. 50. All acts and parts of acts in conflict with the provisions of this Act, are hereby repealed, provided that no right of action now existing shall be affected by such repeal, and nothing contained in this Act shall be construed to affect the authority of the state board of health relative to the public health.

Sec. 51. If any part, section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. The General Assembly hereby declares that it would have passed this Act and each part, section, sub-section, sentence, clause or phrase irrespective of the fact that any one or more other parts, sections, sub-sections, sentences, clauses or phrases be declared unconstitutional.

Sec. 52. It is hereby declared that this Act is necessary for the immediate preservation of the public peace, health and safety.

Sec. 53. In the opinion of the General Assembly, an emergency exists; Therefore, this Act shall take effect and be in force immediately after its passage.

HOUSE BILL NO. 604.

BY MESSRS. DRAKE AND SCHMIDT AND SENATORS EATON AND KNAUSS.

ΤΟ

PROVIDE

AN ACT

MUTUAL INSURANCE

FOR

EMPLOYERS BY PROVIDING FOR THE ORGANIZATION OF CORPORATIONS ON THE MUTUAL PLAN, THEIR POWERS AND DUTIES AND THE REGULATION OF THEIR AFFAIRS, THE POWERS AND DUTIES OF THEIR DIRECTORS AND OFFICERS AND THE RIGHTS AND LIABILITIES OF ITS MEMBERS, AND THE PUNISHMENTS FOR VIOLATIONS OF THE PROVISIONS THEREOF, REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT AND DECLAR ING THIS ACT TO BE NECESSARY FOR THE IMMEDIATE PRESERVATION OF PUBLIC HEALTH, PEACE AND SAFETY.

Be it Enacted by the General Assembly of the State of Colorado: Section 1. Any fifteen or more individuals, partnerships, associations or corporations who shall have associated themselves together by certificate or articles of incorporation in writing, may become, by complying with Sections 2 and 3 of this Act, a body corporate for the purpose of insuring the members of such corporation or company on the mutual plan against liability, loss or damage resulting from accident to or injury suffered by an employee or other persons and for which the person insured is liable, or the liability of the employer to pay compensation to his employes, or the compensation of employes under any workman's compensation law, or against liability, loss or damage caused by a truck, wagon or other vehicle propelled by steam, gas, gasoline, electricity, mechanical or other power or drawn by horses or mules, used in trade or manufacture and owned by any such person, to the property of another, for which loss or damage the person insured is liable.

Section 2. Said incorporators shall make, sign and acknowledge before some officer competent to take the acknowledgment of deeds, certificates in writing in which shall be stated: First, the corporate name, which shall include the word "mutual"; second, the objects for which the company shall be created, which objects may include any or all lines of insurance hereinbefore in this act specified; third, the term of the company's existence, not to exceed twenty years, which term, however, may be extended as provided in respect to other incorporations; fourth, the number of directors which shall be not less than three nor more than twentyone, and the names of those who shall serve for the first year and until election of their successors; fifth, the name of the town or place, and the county, in which the principal office of the company shall be kept.

Section 3. One of said certificates of incorporation shall be filed in the office of the Secretary of State and one in the office of the recorder of deeds of the county designated by such certificate as the place where the principal office is to be kept.

Section 4. Whenever the certificate or articles of incorporation shall have been filed in the office of the Secretary of State, and the Secretary of State shall have issued the certificate of authority and received the fees, all as now provided by law in respect to corporations organized under the laws of this state, a copy of such certificate of incorporation certified by the Secretary of State shall be filed with the Commissioner of Insurance, who shall thereupon submit the same to the Attorney General of the State of Colorado for examination, and if found by him to be in accordance with the provisions of this act and not inconsistent with the constitution of this state, he shall so certify and deliver back the same to the commissioner, who thereupon, and in writing, shall license such company to open books to receive applications for insurance. No such company shall transact any business of insurance unless and until at least twenty employers employing not less than twenty-five hundred employes shall have applied for and agreed in writing to take insurance therein, covering the liability of such employers to their employes for accidents to or injuries suffered by such employes, nor until a list of such applicants with the number of employes of each, together with such other information as the Commissioner of Insurance may require, shall have been filed with the Commissioner, nor until the president and secretary of the company shall have certified under oath that every application in the list so filed is genuine and made with an agreement by every applicant that he will take the policy or policies applied for by him within thirty days of the granting of the license to the company by the Commissioner to issue policies, nor until the Commissioner being satisfied upon investigation that the list of applicants is genuine and that the required number of applicants will take the policies as applied for and within the time agreed as aforesaid, shall have issued a license to such company to issue policies, such license to be designated as class A; Provided, however, that the Commissioner of Insurance may in his discretion issue a license to a company wherein the 20 employers have less than 2500 of employees and more than 1000 employes when in his judgment the nature of the business and the hazards involved are such that the company can safely conduct a mutual insurance business with such limited number of employes, such license to be designated as Class B. Should the number of employers holding policies at any time fall below or be less than twenty or the number of employes to whom the company may be bound to pay compensation in case of accident fall below 2500 in a company licensed as Class A or below 1000 in a company known as Class B, no further policies shall be issued until other employers shall have applied for insurance. who together with existing policy holders shall amount to not