50

DEPARTMENT REPORTS

Ordered, That, forthwith upon the exercise of the authority herein granted said parties file with this commission schedules providing for their respective withdrawal from and inauguration of service within the territory now served by means of said property. It is further,

Ordered, That nothing herein shall be construed to be a consent to or approval by this commission of any increase in rates or diminution of service within the territory now served by means of said property, nor shall the findings hereinbefore set forth as to the value of said property, rates and service, or the authorization of the passing of said agreed consideration, be binding upon this commission in any future proceeding involving rates or service.

No. 2349-In the Matter of the Transfer of the Entire Electrical Assets and Appliances of R. F. Long, an Individual, Operating an Electrical Utility in the Village of Ostrander, Ohio, to Harvey Emrine. Prayer Granted.

(Dated April 5, 1921.)

This day, it appearing to the commission from the verified allegations in said application and the sworn statements and exhibits filed in connection therewith, and other documentary evidence submitted, that the taking of oral testimony herein is unnecessary, this matter came on for consideration upon the joint application of R. F. Long, an individual, the owner and, until March 1st, 1921, operator of the electrical utility furnishing service in and about the village of Ostrander, Ohio, and Harvey Emrine, also of Ostrander, Ohio, the purchaser and, since said date, operator of said public utility, asking the consent to and approval, by this commission, of such sale and purchase of said public utility property.

Upon consideration whereof, and being fully advised in the premises, the commission finds from the pleadings and exhibits. filed herein and its independent inquiry and investigation thereupon:

(1) That the value of the property and assets composing said Ostrander Electrical Utility, for purchase and sale purposes, is the sum of $2,500.00, and

(2) That the public, has since said purchase and sale of said utility property, been furnished adequate service for a reasonable and just rate, rental, toll or charge therefor,

and is satisfied that, insofar as it has the authority so to do, it

should now formally consent to and approve the said purchase and sale of said public utility property. It is, therefore,

Ordered, That, insofar as it has the authority so to do, this commission hereby formally consent to and approve the sale, upon March 1st, 1921, by R. F. Long and the purchase, by Harvey Emrine, of all the property, rights and other assets composing the electrical utility furnishing service in and about the village of Ostrander, Ohio, for the agreed consideration of two thousand, five hundred dollars. It is further

Ordered, That said parties forthwith file with this commission schedules providing for their respective withdrawals from and inauguration of service within the territory now served by means of said property. It is further

Ordered, That nothing herein shall be construed to be a con sent to or approval by this commission of any increase in rates or diminution of service within the territory now served by means of said property, nor shall the findings hereinbefore set forth as to rates, service and the value of said property, or the authorization of the passing of said agreed consideration be binding upon this commission in any future proceeding involving rates or service.

No. 2201-The Osgood Company, Complainant, vs. American Railway Express Company, Defendant.

(Dated April 13, 1921.)

This matter was submitted upon the pleadings, the evidence and argument of counsel:

Upon consideration whereof, and being fully advised in the premises, the commission finds:

(1) That defendant, American Railway Express Company, is now giving pick-up and delivery service to receivers and shippers of express in and about the city of Marion, Ohio, other than the complainant herein, whose places of business are located beyond its alleged boundary limits for such service;

(2) That the convenience of the public requires that defendant's boundary limits for pick-up and delivery service at Marion, Ohio, shall be expanded to include all of the receivers and shippers of express now receiving such service and the complaint herein, viz: The Osgood Company;

(3) That defendant's failure to furnish such pick-up and delivery service to the complainant, while furnishing the same to other receivers and shippers of express at Marion,

Ohio, whose places of business are located both within and without its alleged boundary limits for the furnishing of such service, constitutes an unjust, unreasonable and unlawful discrimination as against the complainant and in favor of such other receivers and shippers of express in and about the city of Marion, Ohio;

(4) That complainant's express business, incoming and outgoing, is of such amount as to warrant and require the defendant to provide its pick-up and delivery service therefore, and

(5) That defendant's boundary limits for pick-up and delivery service at Marion, Ohio, should be enlarged to include both those receivers and shippers of express not located within said limits now receiving such service and the plant of the complainant, The Osgood Company.

It is, therefore,

Ordered, That defendant, the said American Railway Express Company, be, and hereby it is notified, directed and required, forthwith upon the service of this order, to enlarge its boundary limits for the furnishing of pick-up and delivery service at Marion, Ohio, to include the places of business of those receivers and shippers of express now located outside such limits and receiving such service, and the place of business of the complainant herein, said The Osgood Company, and to furnish, within such enlarged limits, pick-up and delivery service.

Advanced Utility Rate Proceeding No. 16-In the Matter of the Proposed Increased Rates of The Meigs Water Company for Water Service Filed to Become Effective July 4, 1920.

(Dated April 11, 1921.)

The commission having heretofore, upon complaint filed by The Great Lakes Coal Mining Company, by order duly made and entered herein, suspended the going into effect of the proposed increased rates and charges for water service furnished to industries located outside the corporate limits of the villages of Pomeroy and Middleport, Ohio, contained in a schedule designated Original Sheet No. 8 to P. U. C. O. No. 2, filed by The Meigs Water Company to become effective July 4, 1920, (which proposed rates and charges were thereafter collected by said respondent under authority of its undertaking duly filed herein), and entered upon a hearing and investigation to determine the propriety of said proposed increased rates and charges;

This day, after full hearing, due notice of the time and place of which was given pursuant to law, said matter came on for consideration upon the evidence submitted at said hearing and the report of this commission's engineers and experts of their independent investigation and inquiry into said matter;

Upon consideration whereof, and being fully advised in the premises, and taking into consideration the value of respondent's property used and useful for the convenience of the public in the furnishing of said service, the cost of furnishing said service and the necessity for making reservations from income for depreciation and contingencies, the commission finds:

That the said proposed rates and charges published in said schedule designated Original Sheet No. 8 to P. U. C. O. No. 2, are unjust and unreasonable, and that just and reasonable rates and charges should be substituted therefor.

That the following schedule of rates and charges for such service is just and reasonable, and will be sufficient to yield said The Meigs Water Company a reasonable compensation for the furnishing of said service:

Primarily a demand charge for a six-inch pipe line of one hundred and eight ($108.00) dollars monthly:

In addition thereto for all water drawn there shall be charged:

For the first 100,000 gallons of water per month, or any part thereof, the rate of 57c per 1000 gallons.

For all water used in excess of 100,000 gallons monthly, the rate of 31.5c per 1000 gallons.

Bills rendered under this division shall be due and payable each month and when paid within ten (10) days after they are due shall be subject to a discount of 5 per cent.

It is, therefore,

Ordered, That the rates and charges hereinbefore found to be just and reasonable be substituted for the rates and charges contained in said Original Sheet No. 8 P. U. C. O. No. 2, applying to water service furnished industries located outside the corporate limits of the villages of Pomeroy and Middleport, Ohio. It is further

Ordered, That said The Meigs Water Company be, and hereby it is notified, directed and required to correct its schedule of rates and charges to conform to the findings herein before set forth. It is further

Ordered, That said The Meigs Water Company be, and it hereby is notified, directed and required to refund to all consumers

served under said schedule designated Original Sheet No. 8 to P. U. C. O. No. 2, either in cash or by credit on current bills, any difference there may be in the rates and charges paid by such consumers during the pendency of this action and the rates and charges herein found by the commission to be just and reasonable; whereupon the undertaking heretofore filed herein shall be discharged and released. It is further

Ordered, That as to all other matters, this investigation be,. and hereby it is discontinued.

Advanced Utility Rate Proceeding No. 9-In the Matter of the Proposed Increased Rates of The Ohio Power Company for Electric Service at Newark, Ohio.

Advanced Utility Rate Proceeding No. 10-In the Matter of the Proposed Increased Rates of The Ohio Power Company for Electric Service at Baltimore, Ohio.

Advanced Utility Rate Proceeding No. 11-In the Matter of the Proposed Increased Rates of The Ohio Power Company for Electric Service at Lancaster, Ohio.

(Dated April 5, 1921.)

This day came all the parties hereto, including The Ohio Power Company, by their respective attorneys, and all consenting thereto, it is

Ordered, That these complaints and these actions be dismissed without further record and without prejudice to The Ohio Power Company or to any complainant or consumer as to any rate or schedule filed, applied or effective on or after June 3, 1921, but upon the condition that the said The Ohio Power Company forthwith file with this commission revisions for the respective Lancaster, Baltimore and Newark rates, against which complaints have been filed, so that the said rates and schedule against which said complaints were made shall be withdrawn and cancelled by the said The Ohio Power Company, effective June 3, 1921, which said revisions shall be substantially in the forms marked, respectively, "Exhibit A-1," "Exhibit A-2," "Exhibit B-1," "Exhibit B-2," "Exhibit C-1," and "Exhibit C-2," appended to the stipulation this day filed herein and made parts hereof by reference.