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for consent and authority to issue and distribute, pro rata, among its stockholders, sixteen thousand, eight hundred and fifty dollars, par value, of common capital stock and ten thousand dollars, principal sum, of three-year, six per cent. notes in lieu of moneys theretofore expended from income for the construction of additions, extensions and improvements to its plant and facilities, which moneys such stockholders might otherwise have received in dividends as a return upon their said investment, and it appearing that the issue of said capital stock and notes is reasonably required for the reimbursement of applicant's treasury for moneys actually expended from income for the construction, completion, extension and improvement of its facilities and the maintenance and improvement of its service, the commission is satisfied that its consent and authority for the issue of said capital stock and notes should be granted. It is, therefore,

ORDERED, That said The Perry County Telephone Company be, and it hereby is authorized to issue its common capital stock of the total par value of sixteen thousand, eight hundred and fifty dollars ($16,850.00) and its three-year, six per cent. notes of the principal sum of ten thousand dollars ($10,000.00). It is further

ORDERED, That said capital stock and notes be distributed, pro rata, to applicant's stockholders in reimbursement for moneys actually expended from income, within the period June thirtieth, 1905, to September thirtieth, 1912, inclusive, for the construction of additions, extensions and improvements to applicant's facilities, which moneys said stockholders might otherwise have received in dividends as a return upon their said investment, such expenditures being fully set out in a detailed statement filed herein on the thirtieth day of April, 1915, which statement hereby is made a part of this order by reference. It is further

ORDERED, That applicant make verified report to this commission of the issue and disposition of said capital stock and notes pursuant to the terms and conditions of this order.

No. 717—In the Matter of the Application of The Greenwich

Farmers Telephone Company for Authority to Issue Sufficient Capital Stock to Pay for Property to be Purchased from The Clinton Air Line Telephone Company. Prayer Granted.

(Dated February 25, 1916.) This day, after full hearing, due notice of the time and place of which was given to all parties in interest, this matter came on

for final consideration upon the application of. The Greenwich Farmers Telephone Company, a corporation duly organized under the laws of the state of Ohio, asking for consent and authority to issue not exceeding one hundred and ninety shares, of the par value of twenty dollars each, of its common capital stock in payment of the consideration for the property to be acquired from The Clinton Air Line Telephone Company under authority granted in the order made in the proceeding No. 716, entitled as hereinafter more specifically set out, and it appearing that the issue of said capital stock is reasonably required for the acquisition of property, to be used and useful for the prosecution of applicant's corporate puroses, the commission is satisfied that its consent and authority for the issue of one hundred and seventy shares of said caital stock should be granted. It is, therefore, ,

ORDERED, That said The Greenwich Farmers Telephone Company be, and it hereby is authorized to issue one hundred and seventy (170) shares of its common capital stock of the par value of twenty dollars ($20.00) each. It is further

ORDERED, That said capital stock be exchanged at par, for an equal number of shares of the common capital stock of The Clinton Air Line Telephone Company, in consummation of the purchase of property, by applicant, authorized by the order made in the proceeding entitled, “In the matter of the joint application of The Clinton Air Line Telephone Company to sell, and The Greenwich Village Exchange and lines and other property connected therewith, belonging to said The Clinton Air Line Telephone Company," No. 716, which order hereby is made a part of this order by reference. It is further

ORDERED, That applicant, forth with upon the consummation of said acquisition of said property, cancel and destroy said capital stock of said The Clinton Air Line Telephone Company. It is further

ORDERED, That nothing herein shall be considered as a finding by the commission of the value of the property for the payment of the consideration for which said capital stock herein is authorized to be issued, as an acquiescence in the values placed upon said property by said companies, 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 companies, nor as a finding by the commission that said rates are reasonable and not excessive and not discriminatory, or

that the service of said companies is adequate, efficient or sufficient. It is further

ORDERED, That applicant make verified report, within twenty days, after the close of each calendar quarter, of the issue and disposition of said capital stock pursuant to the terms and conditions of this order, and of the cancellation and destruction of said capital stock of said The Clinton Air Line Telephone Company.

CALENDAR. March 20%

9:00 a. m.-Application of the Toledo, Bowling Green & Southern Traction Company to issue $141,500 bonds.

1:30 p. m.--Application of Buckeye Light and Power Company to issue $6500 capital stock. March 21

1:30 p. m.-Arguments on demurrers on application of Marengo Mutual Telephone Company and Tri-County Telephone Company.

9:00 a. m.-Application of Marengo Mutual Telephone Company.

INDUSTRIAL COMMISSION

IN RE. LOMAX. No. 53138. A widow wholly dependent upon a deceased employe at the time of his death does not forfeit her right to the balnace of an award previously made, because of her subsequent re-marriage.

(Decided February 17, 1916.) By the Commission:

Thomas W. Lomax, an employe of Hampson Lomax, was killed by a fall of slate in the employer's mine. Deceased's widow made application on behalf of herself and three children for an award from the state insurance fund. Her claim was heard by the commission, it was determined that she and her children were wholly dependent upon deceased and an award was made to the widow for the benefit of all the dependents share and share alike. After a portion of the award had been paid in be-weekly installments deceased's widow, Beatrice Lomax, re-married. An order of the commission was therefore requested authorizing payment of the unpaid balance of the award previously made by warrants drawn to the odred of Beatrice Harding, this being claimant's name after her re-marriage.

The only question involved in the determination of the claim is whether the widow by her re-marriage forfeited her right to the unpaid balance of the award previously made. The supreme court of Ohio has answered this question in the case of State ex rel. Munding, Admr'x., vs. The Industrial Commission of Ohio, 92 O. S., 434. The chief justice in his opinion stated the law to be that “when the award is once made to a sole dependent, the right to the compensation vests, and once vested there can be no condition attached except as to the time of payment, and it is equally immaterial whether the dependent subsequenly dies or becomes independent.” In that case the person wholly dependent had died and the court therefore ordered the industrial commission of Ohio to pay to the administratrix the bi-weekly payments provided for in the original award until the full amount awarded was paid.

In the case at hand it is therefore clear that the claimant, now Beatrice Harding, is entitled to receive the full amount of the award formerly made to her. It is therefore ordered that the bi-weekly payments be continued and warrants issued in favor of claimant as Mrs. Beatrice Harding instead of Mrs. Beatrice Lomax.

ATTORNEY GENERAL

Neither the State nor any Officer or Agent Thereof, as Such, May

be Made a Garnishee in an Action Before a Justice of the Peace Against an Employe of the State Wherein it is Sought to Subject Money or Credits Owing by the State to Such Employe, to the Payment of a Judgment as May be Rendered Against Such Employe.

No. 1300—(Opinion Dated February 28, 1916.) The Ohio Board of Administration, Columbus, Ohio.

Gentlemen: In a communication under date of February 11, 1916, Hon. T. E. Davey, of your board, requests my opinion upon the legality of making the state a garnishee in an action before a justice of the peace against a state employe for the collection of a debt of such employe.

Your inquiry and the proceedings in garnishment assume that the state is or may be indebted to the employe, the defendant in an act before a justice of the peace. Garnishment before justices of the peace is an ancillary statutory proceeding in actions for the recovery of money governed by the provisions of Sections 10265 G. C., et seq. This being a purely statutory proceeding, it must be strictly pursued. Said Section 10265 G. C. provides as follows:

"When the plaintiff, his agent or attorney, makes th writing that he has good reason to believe, and does believe, that any person, partnership or corporation in the affidavit named, has property of the defendant in his possession, describing it, if the officer cannot get possession of such property, he shall leave with such garnishee a copy of the order of attachment, with a written notice that he appear before the justice, at the return of the order and answer as provided in this chapter."

Section 10266 G. C. makes provision for the service of the order and notice upon persons, partnerships and corporations, but no provision is made for the service of such order and notice upon the state. Nor is there found any authority in law for serving such notice and order upon any officer or agent of the state. It

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