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ing by the commission of the value of the property for the payment of the consideration for which a portion of said capital stock is herein authorized to be issued; as an acquiescence in the values placed upon said property by said parties, nor as an approval of the consideration stipulated;. nor shall anything herein be construed as an approval by the commission of the rates now charged for service by said parties, nor as a finding by the commission that said rates are reasonable and not excessive and not discriminatory, or that the service of said parties is adequate, efficient or sufficient.
No. 718—In the Matter of the Application of The Toledo, Colum
bus & Ohio River Railroad Company, for Consent and Authority to Issue $2,000,000.00 Capital Stock. Prayer Granted.
(December 31, 1915.) The Toledo, Columbus & Ohio River Railroad Company, a corporation organized and existing under the laws of the state of Ohio, having, on the 23rd day of December, 1915, filed its petition for the consent and authority of the commission to issue its capital stock of the total par value of two million dollars ($2,000,000.00), the proceeds to be used to reimburse petitioner's treasury for moneys heretofore actually expended during the years ended December 31, 1913, and 1914, and the eleven months ended November 30, 1915, for construction and additional equipment and to provide funds for certain additions and improvements which are to be made in the near future, as fully set out in said petition and the exhibit submitted in connection therewith, and the time for hearing said matter having been fixed for the 31st day of December, 1915, at 1:30 o'clock p. m., and due notice of the time and place of said hearing having been given, said petition was heard on said day.
After considering the pleadings, hearing the evidence and examining the exhibits and being fully advised in the premises, and it appearing that the proceeds from sale of said capital stock are to be used to reimburse petitioner for moneys heretofore actually expended for additions to and improvement of its roadway and the purchase of additional equipment required for the maintenance and betterment of its service, and to provide funds for expenditures to be made in the near future for further additions and improvements, the commission is satisfied that the prayer of said petition should be granted. It is, therefore,
ORDERED, That said The Toledo, Columbus & Ohio River Railroad Company be, and it is hereby authorized to issue its capital stock of the total par value of two million dollars ($2,000,000.00), and that said capital stock be sold for the highest price obtainable, but for not less than the par value thereof, it being the opinion and finding of the commission that the money to be secured by the issue of said capital stock is reasonably required for the proper purposes of said corporation. It is further
ORDERED, That the proceeds arising from the sale of said capital stock be, by said The Toledo, Columbus & Ohio River Railroad Company, devoted to and used for the following purposes, and no other, towit: To provide funds for the reimbursement of the treasury in part for expenditures made and to be made in the near future, for the construction of additions and improvements and the purchase of additional facilities and equipment, which are properly chargeable to capital account, towit: Expended
$1,739,086 77 To be expended.
-$2,000,000 00 as more fully set out and described in a detailed statement attached to the petition herein and marked for identification, “Road and Equipment Capital Expenditures” and the transcript of the testimony offered and introduced in evidence on the hearing of this matter, which said statement and transcript in so far as it sets out and describes said expenditures, are hereby made parts of this order by reference. It is further
ORDERED, That said The Toledo, Columbus & Ohio River Railroad Company make verified report to the commission as follows: Upon the issue and sale of said capital stock, or any part thereof, the fact of such issue and sale, the terms and conditions of sale and the amount realized therefrom, which shall be the highest price obtainable, but which shall be not less than the par value thereof, also within ten days after the termination of each calendar quarter, for such period so preceding, beginning with the period ending March 31, 1916, the expenditures made from time to time out of that part of the proceeds from said capital stock sold to provide for proposed expenditures for additions and betterments, viz: $260,913.23, such reports to be made until all of said part ($260,913.23) of said proceeds from sale of said capital stock herein authorized, has been expended pursuant to the terms of this order.
No. 710—In the Matter of the Joint Application of The Central
District Telephone Company and The Benwood Telephone Company for an Order in Approval of an Agreement Dated July 15, 1915, for the Exchange of Traffic Between Said Companies. Prayer Granted.
(January 3, 1916.) This matter came on this day for consideration upon the joint application, filed December twentieth, 1915, of The Central District Telephone Company and The Benwood Telephone Company, of Sardis, Monroe county, Ohio, asking for the approval of a contract providing for an interchange of service by said companies, and the commission having heretofore deemed the assignment thereof for hearing to be unnecessary, and it appearing that the service furnished the public will be improved thereby, that the public will be furnished adequate service for a reasonable and just rate, charge or toll therefor, and that no increase in rates nor diminution of service will result therefrom, the commission is satisfied that so much of the prayer of said application as asks its consent to and approval of the retention of the physical connection between applicants' respective systems and the continued interchange of service thereby, should be granted. It is, therefore,
ORDERED, That said The Central District Telephone Company and said The Benwood Telephone Company be, and they hereby are authorized to retain the physical connection between their respective plants and systems, and to continue to interchange service, as provided by law.
CALENDAR January 18%
9:00 a. m. B. T. Goodrich & Company et al. vs. A. C. & Y. Ry. Co., et al. January 20% 9:30 a. m.
F. E. McElfresh vs. Hocking Valley Railway Company. January 25—
9:00 a. m. Hocking Domestic Coal Company vs. K. & M. Ry. Co. January 26—
9:00 a. m. A. C. & Y. Ry. Co. et al. vs. C. A. & C. Ry. Co. et al. January 27–
9:00 a m. Protest of the Lima Telephone and Telegraph Company against rate valuation.
The Heads of All Sub-departments Serving Under the Heads of
the Departments of Public Service and Public Safety in Cities Are Within the Classified Service Under the Civil Service Law (Section 486-8, General Code, Sub-division (b), paragraph 3).
No. 1145—(Opinion Dated Jan. 5, 1916). The State Civil Service Commission of Ohio, Columbus, Ohio.
Gentlemen: I have your letter of December 31, 1915, as follows:
"Attached hereto, you will find letters from R. D. Turner, district tax assessor, and George H. Lingrel, mayor-elect of the city of Kenton.
“The question is raised as to whether or not the heads of sub-departments under the city public service department are in the classified or the unclassified service. In a similar case, we have given the following as our opinion:
“ 'It is our opinion that the director of public service and the director of public safety are exempt from the classified service in accordance with paragraph 3 of Section 486-8 of the civil service law, and the heads of all sub-departments serving under them are in the classified service, except such as might be claimed exempt under the provisions of paragraph. 8 of this section. By this interpretation, the director of public service and the director of public safety would each be entitled to two secretaries, assistants or clerks, and one personal stenographer exempt from the classified service. All other employes serving under them would be subject to the jurisdiction of the municipal civil service commission.'
"Inasmuch as we are receiving a number of such reports, we desire to submit the question raised by Mr. Lingrel to you for an opinion. We are not certain as to whether the heads of sub-departments should be claimed exempt from the classified service as 'assistants.'”
I concur in your construction of paragraph 3 of Section 486-8 G. C. as amended 106 0. L., 404, and conclude with you that the heads of all sub-departments serving under the heads of the departments of public service and public safety are within the classified cervice.
While the heads of such sub-departments are appointed by the mayor under favor of Section 4250 G. C. as amended 106 O. L., 483, it may not be said for that reason they should be considered
the "heads of departments” within the purview of said paragraph 3 aforesaid. Upon the contrary, the fact that they are expressly designated in said Section 4250 as the "heads of sub-departments" clearly indicates that such designation was purposely applied to distinguish them from the "heads of departments," and it must be assumed that such distinction was in the legislative mind in the enactment of said paragraph 3.
But it is further provided in Section 4323 G. C. that the department of public service shall be administered by the director of public service and in the succeeding section it is provided that ho shall manage and supervise all public works and undertakings of the city.
In view of these various provisions it may not be said that the department of public service has any head other than the director of public service and therefore he is the only person in the service of said department who may qualify as its head under the provisions of said paragraph 3.
The question presented here has also been considered by me in a recent opinion to the Bureau of Inspection and Supervision of Public Offices. A copy of this opinion is attached hereto, to which I respectfully call your attention.
I am of the opinion, therefore, that the heads of sub-departments of the department of public service and the department of public safety are within the classified service as defined in subdivision (b) of Section 486-8 G. C. aforesaid.
The Mayor of a City May Summarily Remove the Director of
Public Service (Section 4250, General Code). City Engineer, Superintendent of Water Works and Heads of Sub-departments in Department of Public Service of Cities Are Within the Classified Service Under the Civil Service Act of 106 Ohio Laws 400, and May Only Be Removed from Office as Provided in Sections 486-17 and 486-17a of Said Act.
No. 1146.—(Opinion Dated Jan, 5, 1916.) Bureau of Inspection and Supervision of Public Offices, Columbus,
Ohio-Attention Mr. Jos. T. Tracy. Gentlemen: I have your letter of November 24, 1915, submitting the following inquiries:
“Section 4250 provides that the mayor may remove a director of public service, director of public safety and the heads of the sub-departments of the departments of public service and public safety, and Section 4263 states that the