The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-01-07

transcribed unless the disputed claim
Is further appealed.
(e) Witness Fees. Witnesses sub
poenaed pursuant to this section
shall be allowed fees at rate fixed
by the commission. Such fees and
all expenses of proceedings involv-
ing disputed claims shall be deemed
a part of the expense Of administer
ing this Act.
Cd Appeal to Courts. Any deci-
sion Of the commission in the alb
sence Of an appeal therefrom as
herein provided, shall become final
ten days after the date of notif1ca-
ton or mailing thereof, and judicial
review thereof shall be permitted
only after any party claiming to be
aggrieved thereby has exhausted his
remedies before the commission, as
provided by this Act. The commits
sion shall be deemed to be party
to any judicial action involving any
such decision and may be represent
ed in any such judicial action by
any qualified attorney who is a
regular salaried employee of the
commission and has been designated
by it for that purpose or at the
commissions request, by the Attor-
ney General.
(g) Within 20 days after the fl
ing Of any decision Of the commits
sion or within ten days after any
such decision has become final, any
party aggrieved thereby may secure
judicial review thereof by taking an
appeal from such decision to the
district court of the county wherein
the employee claiming compensa-
ton resides, and if there be within
such county more than one place
of holding district court, to such
place as may be designated or print
ed on the face Of such notice of APP
peal. Such appeal may be effected
In the following manner: Cd the
aggrieved party or his attorney shall
execute notice Of appeal stating
briefly and concisely the title of the
proceeding, the date and provisions
Of the order appealed from and
whether the appeal is taken upon
questions Of fact or law, and the
errors relied upon by such appellant
for a reversal: CD by serving said
notice of appeal upon the Indus
trial Commission, together with as
many copies as there may be par
ties, of which the commission shall
forthwith mail one such copy to
each party other than the appel
liant; and CD within ten days after
such service by filing such notice
Of appeal with proof of service with
the clerk of the district court of
the county and at the place to
which the appeal is taken. No bond
or filing or appeal fee shall be re-
quired to complete such appeal.
Thereupon the commission shall
prepare record Of the proceeding
and shall certify to and file with
said court all documents and pa
pers, a transcript Of evidence taken,
together with it's findings Of facts
and decision therein. The commits
sion may also, in its discretion, GER
tify to such court any questions OF
law involved in any decision by it.
In the event of an appeal on ques-
tons of law alone, no transcript OF
evidence shall be required unless
deemed necessary by the Industrial
Commission.
Such appeals and the questions so
certified shall be heard and deter
mined in q summary manner and
shall be given precedence over all
other civil cases except cases aris-
ing under the workmen'S compensa-
ton law of this state. If the appeal
be taken on questions of law alone,
the appeal shall be determined upon
the record.
In the hearing and determination
Of any such appeal, the court shall
not be bound by the rules of evil
dence, but any decision shall be
based on competent evidence. The
service of a notice Of appeal shall
not operate as stay of proceedings
unless the commission shall so Or
der. On any such appeal upon a
question of fact, the district court
may disregard the findings Of fact
and decision Of the commission or
referee and may examine the testi-
mony taken before the commission
and referee, and If it deem proper
to accomplish the ends of justice,
may hear other evidence, and may
substitute for the findings of the
commission or referee such find
ings of fact as the evidence taken
before the commission or referee,
and the court as herein provided
may in the judgment of the court
require.
An appeal may be taken from the
decision of the district court to the
Supreme Court of Minnesota in the
same manner provided for the TAX
ing Of appeals in civil cases.
(h) In any proceeding under this
Act before the referee or the COM
mission, a party may be represented
by an agent or attorney, but no fees
for services rendered by an agent
shall be allowable or payable I'M
less such agent is an attorney at
law, and claims for fees of attorneys
at law for services rendered to an
employe for services rendered be-
fore the commission or a referee
thereof shall not be enforcible un-
less approved by the commission.
Cd Appeal Tribunals. In order to
assure the prompt disposition of all
claims for benefits, the commission
is hereby authorized to establish