fifth day succeeding the pay day at his respective mine, make a report under oath to the State auditor as to the tonnage mined and subject to the payment of one cent per ton thereon; and stating the gross earnings subject to the one per cent. deduction as provided in this act, accompanied by a certified check in full for the amount of the tax provided in section 2 of this act. It shall be unlawful for any person, employer, employé, corporation, partnership, association or union to make any contract waiving, avoiding or affecting the full legal effect of this act. Section 124. (Section 4.)—Receipts of funds by auditor-Duties-Liabilities of sureties of State treasurerInterest. It is hereby made the duty of the State auditor to receive all moneys as provided for in this act, and to send the proper acknowledgment to the person making such remittance. The auditor shall pay all moneys so received by him to the State treasurer, who shall keep such sums in safe custody in a distinct fund to be known as the Employers' and Employés Co-operative Insurance and Total Permanent Disability Fund. The State treasurer must invest the surplus of this fund in safe and convertible state, county or city bonds or bonds of the United States. All interest accruing from such investments shall be accredited to this insurance fund. The bond of the State treasurer shall be liable for such funds, and it shall be his duty to keep accurate accounts of the receipts and disbursements of such money. Section 125. (Section 5.)-Payment of death claims -To whom-Duty of auditor-Personal injuries-How compensation paid.-The auditor of State shall keep full statistics of the operation of this function of his department in the event of the death by accident of an employé insured under this act, who shall have come to his death in the course of his employment and by causes arising therein. The auditor of State upon being satisfied by adequate evidence of such death shall issue a warrant upon the State treasurer to persons dependent upon the deceased, these warrants to issue in the following order: (1) To surviving wife and child, or children, in equal shares, and if neither wife or child, or children be alive, then, (2) to surviving parents who are dependent, or partially so, upon the deceased; if none, then (3) to such other relatives of the deceased as survive him and are dependent upon him, in the sum of three thousand ($3,000) dollars. A workman receiving injuries which permanently incapacitate him from the performance of work shall receive a compensation monthly, not to exceed one dollar ($1.00) a day for each working day. Compensation for permanent injury shall not be allowed until after the expiration of twelve weeks from the time such injuries were sustained, provided that the medical practitioner examines and pronounces the injury as being permanent, compensation may then be allowed from commencement of disability. The auditor of State, however, may, when in his judgment he deems it advisable, use so much of the funds as is necessary in procuring a medical practitioner, for the purpose of examination or treatment under this act, for such injuries as herein mentioned compensation shall continue during disability, or until settlement is effected as provided for in section 9 of this act. Total or permanent disability shall consist of the loss of both legs or both arms, the total loss of eyesight or paralysis, or other conditions incapacitating him from work, caused by accident, or injuries received during employment as specified by this act; provided that if death, as a result of the injury, ensues at a period not longer than one year from date of accident the sum of three thousand dollars ($3,000.00) shall be paid the de ceased workman's dependents as hereinbefore provided. The representatives of a foreigner, except the widow or dependent children, who were not living within the country at the time of the accident, shall have no claim for the compensation provided for in this act. Such foreign person shall file his foreign address, if married, with the officer of his employer with whom he is employed and duplicate thereof with the State auditor, giving his wife's name and dependent children, and such other identification as may be required by the auditor of State. Loss of any limb, or eye, caused by accident to a workman while employed as provided for in this act, shall be compensated for in the sum of one thousand ($1,000.00) dollars, provided, that in the event there shall be no funds available in the fund to pay the auditor's warrant when drawn, the same shall draw interest out of the fund at the rate of ten per cent. per annum until such warrant is called for payment by the treasurer, which shall be as soon as the fund is sufficient to pay the same with its interest then due. Section 126. (Section 6.)-Monthly payments-Applications for.-Where a workman is entitled to monthly payments under this act, he shall file with the auditor of State his application for such, together with a certificate from the county physician of the county wherein he resides, attested before a notary public. Section 127. (Section 7.)-Fraudulent claims-Duty of auditor.-If any person or persons, company or corporation who is then paying into this insurance fund shall believe that any person or persons are obtaining, or have made application to obtain benefits hereunder improperly or fraudulently, and shall file his written request that such person's claim be investigated, the State auditor must upon the receipt of such request, request the secretary of the State Board of Health to make an examination for the purpose of this act and his certificate as to the condition of the person or persons with reference to their rights to benefit under this act shall be conclusive evidence as to his condition. Section 128. (Section 8.)-Claimant refusing to submit to examination-Effect.-If the workman refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation under this act shall be suspended until such examination takes place, and shall absolutely cease unless he submits himself for an examination within one month after being required to do so. Section 129. (Section 9.)-Monthly payments-Redemption by lump sum-Amount.-Where any monthly payment has been made to a workman for any period whatever, the liability under this act, may on the application by, or on behalf of the workman, be redeemed by the payment of a lump sum, which in no instance shall be in excess of the amount specified as death indemnity, and all monthly payments made prior shall be deducted from such settlement. Section 130. (Section 10.)-Annual report of auditor -Plenary power to adjust claims.-The auditor of State shall report in January of each year to the Governor of the experience and business of this function of his department, and shall have plenary power to determine all disputed cases which may arise in its administration not herein provided for, and to recommend in his report the rates of premiums necessary in order to preserve such fund, and shall order paid such indemnification as herein provided. He shall have power to define the insurance provisions of this act by regulations not inconsistent therewith and shall prescribe the character of the monthly or other reports required of the parties liable hereunder and the character of the proofs of deaths, or to total permanent disability, and shall have power to make all other orders and rules necessary to carry out the true intent of this act. Section 131. (Section 11.)-Release of employerBenefits exempted-Suit-Forfeiture of benefits.-No money paid or payable in respect of insurance or monthly compensation under this act shall be capable of being assigned, charged, taken into execution or attached, nor shall the same pass to any other person by operation of law; and the acceptance of pecuniary benefit under the provisions of this act shall operate to release the person or persons, corporations, partnerships, or associations causing such injuries or death for which benefits are so claimed, who shall have paid the assessment provided in section 2 of this act, and also the employer, officers and agents thereof from all liability and claim arising from such injuries or death. The commencement of a suit to recover for such injuries or death shall operate as a forfeiture of the right to benefit under this act. Section 132. (Section 12.)-Violations of provisions of act-Penalties.-A manager, agent, foreman, accountant, person or persons who represent any corporation, partnership, association, person or persons, engaged in the mining or managing of any coal mines or coal washers in Montana, or person or persons liable for the payments herein provided for who shall violate the intent of this act by inaccurate reports of tonnage of coal produced by them, or the earnings of employés in their employ or who in any manner hinders or obstructs the auditor of State in ascertaining facts bearing upon any case provided for in this act or who may refuse correctly to make out such reports as are required by this act, or as requested by the auditor of State, or submit to its provisions, when liable therefore, or who shall |