3648

ARTICLE 101

	75. Copy of docket entries and judgment	ceed hereunder against principal con-
	to be sent commission.	tractor; sub-contractor liable to
	76. Employers and employees adjudged	principal contractor.
	outside scope of this article ; validity	78. This article, how construed.
	of article not in other respects im-	79. Presumptions in absence of evidence to
	paired; such employer to be ac-	contrary.
	counted with for moneys received.	80. Definitions; to whom article not ap-
	77. Employees of sub-contractor may pro-	plicable.

State Industrial Accident Commission.

An. Code, 1924, sec. 1. 1912, sec. 1. 1914, ch. 800, sec. 1. 1935, ch. 264.

1. Effective as of April 16, 1935, a Commission is hereby created
which shall be known as the State Industrial Accident Commission, to be
composed of five Commissioners, (not more than three of whom shall be-
long to the same political party) two of whom shall be the two Commis-
sioners then in office whose terms expire on April 16, 1937, and April. 16,
1939, respectively, and the other three Commissioners shall be appointed
by the Governor immediately upon the taking effect of this Act. One of
them shall hold office for a term of one year beginning April 16, 1935,
another shall hold office for a term of three years beginning April 16, 1935,
and another shall hold office for a term of five years beginning April 16,
1935. Upon the expiration of the term of each Commissioner, his suc-
cessor shall be appointed by the Governor for a term of five years. Each
Commissioner shall devote his entire time to the duties of the office, and
shall not hold any position of trust or engage in any occupation or business
interfering or inconsistent with his duties as such Commissioner, or serve
on or under any committee of a political party. Each Commissioner shall
hold office until his successor shall be appointed and shall have qualified.
Vacancies shall be filled by the Governor for the unexpired term. A
decision on any question arising under this Article concurred in by three
of the Commissioners shall be the decision of the Commission. The
Governor may at any time remove any Commissioner from office for in-
efficiency, neglect of duty or malfeasance in office. Before such removal
he shall give such Commissioner a copy of the charges against him and
shall fix a time when he can be heard in his own defense, either in person,
or by counsel, which shall not be less than ten days thereafter, and such
hearing shall be open to the public. The Governor shall designate a mem-
ber of said Commission as Chairman thereof. The principal office of the
Commission shall be in the City of Baltimore, but branch offices may be
established at other places in the State for the purpose of administering
this Article.¹

Person engaged by Supervisors of Elections to set up and take down booths at polling
places held to be independent contractor and not covered by statute. Election Super-
visors v. Balser, 172 Md. 189.....

Argued that in light 9f Washington v. Dawson, 264 U. S. 219, 68 L. Ed. 646, art. 101
is not applicable to accidents to stevedores upon navigable waters. Validity of release,
Federal Employers' Liability Act. The Henry S. Grove, 22 F. (2nd), (Dist. Ct. Md.), 445.

Cited but not construed in State v. Potomac Edison Co., 166 Md. 140; Heil v. Linck,
170 Md. 641.

See notes to secs. 14 and 80.

The workmen's compensation act is not in violation of either the Federal or Md.
Constitution. Scheme of the act. The phrase "the law of the land" in Md. Constitu-
tion means same as "due process of law" in Federal Constitution. New York Central

¹ This section amended by Ch. 732 of the Acts of 1939 but see footnote at beginning of
this Article.