3656 ARTICLE 101

if such action is reasonably necessary to secure and safeguard such pay-
ments to employees or for the diminishing and prevention of accidents.
Any action of the Commission for the purpose of diminishing or prevent-
ing accidents shall not apply to public service corporations under the juris-
diction of the Public Service Commission. Any decision of said Commis-
sion under this Section or Section 14 of this Article may be reviewed by
writ of certiorari in the Circuit Court for the county in which the em-
ployer may reside or in any of the Common Law Courts of Baltimore
City, if the employer resides in Baltimore City.

Any employer, subject to the provisions of this Article, who fails or
refuses to insure voluntarily the payment of the compensation specified
in this Article to his employees and their dependents through one of the
methods of assurance of payment, mentioned in the second paragraph of
this section of this Article, or fails to furnish satisfactory proof to the
Commission of his financial ability to pay such compensation himself, or
give bond or deposit securities as aforesaid, shall at any time after Novem-
ber 1st, nineteen hundred and fourteen, be compelled by the Commission
to insure to his employees and their dependents the payment of the com-
pensation specified in this Article, by paying to the State Treasurer for
the use and benefit of the State Accident Fund, hereinafter authorized to
be established, the premium or taxes levied and published by the Com-
mission for the group of employments, industries or works to which said
employer belongs. And any such employer who fails or refuses to so insure
within ten days, after being ordered by the Commission to do so, shall
be liable to the State in an amount equal to the premium or taxes required
of him for six months' insurance in the State Accident Fund, as a penalty,
which, together with his premium or tax due the State Accident Fund for
the. first six months, may be collected by the Commission in the same man-
ner; and with the same effect as provided in Section 22 of this Article for
the collection of premiums or taxes in default.

In exercising the discretion conferred upon it by this section and Sec-
tion 14 of this Article, the State Industrial Accident Commission shall
consider the reputation of any insurance company or association, in which
any such employer may desire to insure, for promptness and fairness in
the settlement of compensation claims, without unreasonable resistance on
the part of any such insurance company or association, and shall also con-
sider the financial strength of the employer, the number of employees em-
ployed, the degree of hazard to employees engaged in the employment, the
likelihood or danger of several employees being injured or killed by one
and the same accident, the relative influence, the different methods, by
which compensation may be assured under this Article, are likely to exert
upon the employer and his employees for the prevention of accidents, and
any other facts or conditions bearing upon the security and promptness of
payment of the compensation and the prevention of accidents.

Award of compensation payable in installments is continuing expense of business which
must be met as they fall due and payments must be continued by receivers appointed
to operate business as going concern. Bowen v. Hockley, 71 Fed. (2nd), 781.
See notes to secs. 14, 48 and 77.

Where, superior court of Baltimore city confirms an award made by the industrial
accident, commission against a surety company for injuries to employee while engaged
in work which (as between surety and the principal) was not covered by terms of the
policy, surety may recover payments on account of the award from principal. Prayers.
Pleas. U. S. F. & G. Co. v. Taylor, 132 Md. 514.

This section referred to in upholding constitutionality of workmen's compensation
law—see notes to sec. 14. Solvuca v. Ryan & Reilly Co., 131 Md. 281.