general average standing upon examination is not less than the minimum fixed by the rules of the commission and who are otherwise eligible. In the succeeding section it is provided that when an appointing authority shall notify the commission of the fact that an appointment is to be made in the classified servivce, said commission shall notify to said appointing authority the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which position belongs. It is further provided that in the event the eligible list to which said position belongs has become exhausted through inadvertance or otherwise, or when no eligible list for such position exists, names may be certified from other eligible lists most appropriate for the class or group in which said position to be filled is classified. From the foregoing provisions it is clear that the names and addresses of the three persons standing highest on the eligible list must be certified for appointment and the certification of fewer than three names does not meet the requirement of the law. This purpose is made more manifest by the further provisions which permit a certification from other lists when an eligible list does not exist for the grade or class to which said position belongs. A question very similar to the one under consideration here was before the court in the case of the State ex rel. vs. Hoglan, 64 O. S., 532. The controversy in that case arose over the removal of the municipal civil service commission of the city of Columbus by the mayor of said city, the principal ground of removal being that said commission had not certified the required number of names. from an eligible list as provided by the civil service law then in force. That law provided: "In case of any vacancy in the classified service of said city, notice shall be given the commission by the appointing power of said vacancy, and thereupon the commission shall certify in writing to the appointing power, the names, addresses and grades of the candidates, not exceeding three in number, for any such vacancy, whose names shall stand highest on the appropriate register, and it shall then be the duty of the appointing power to appoint on probation, to fill such vacancy, one of the said candidates whose name shall have been so certified." It appears from the facts stated that the commission in question claimed that it complied with the foregoing statute by furnishing the name of one such person when requested, while the construction placed upon said statute by the mayor was that it required said commission to furnish the names of three persons and upon refusal of the commission to adopt the mayor's construction he made the order of removal. The court in passing upon the facts thus presented said: "The court is of the opinion that the commission erred in the construction it placed on the statute. The fair construction is that they should certify to the proper department when requested at least two names, on the other hand we think the mayor is in error in his claim that it should certify three name." It will be observed that the statute considered in the foregoing case was not as specific as the statute under consideration here because the former fixed the number at not exceeding three, yet the court held that this required more than one. I am therefore of the opinion that permanent appointments in the competitive class may not be legally made from a list of fewer than three names. In view of this conclusion I would respectfully suggest that your commission at once certify the required number of names to the appointing authorities in the cases mentioned in your inquiry and that upon such certification you require new appointments to be made, which of course would not prevent the appointment of the persons now holding said positions under said former appointments. Should no eligible list exist for such positions, resort may be made to other lists which are most appropriate to secure the requisite number of names for certification. This suggestion is made because the payment of the salaries of said appointees may be made the subject of attack at any time under the provisions of Section 486-29, G. C., as amended 106 O. L., 418. SUPREME COURT OF OHIO Tuesday, April 11, 1916 MOTION DOCKET. 8680. Alexander Kiskadden, Trustee, vs. Helen May Anderson, Admx. (On rehearing.) Motion for an order directing the Court of Appeals of Seneca county to certify its record. Allowed. 9038. The P. C. C. & St. L. Ry. Co. vs. Mary Kinney. Motion for an order directing the Court of Appeals of Hamilton county to certify its record. Allowed. 9044. The J. A. Swingle Contracting Co. vs. The State ex rel. James A. Brown, a Taxpayer. Motion for an order directing the Court of Appeals of Muskingum county to certify its record. Overruled. 9045. C. W. Teale vs. George M. Stillinger. Motion for an order directing the Court of Appeals of Coshocton county to certify its record. Allowed. 9046. Daniel Souslin et al. VS. Emma Hynus et al. Motion for an order directing the Court of Appeals of Perry county to certify its record. Overruled. 9058. Carrie Vourron vs. The State of Ohio. Motion for leave to file a petition in error to the Court of Appeals of Stark county. Overruled. 9059. The Grossman-Hooe Saddlery Co. vs. Robert Ninekirk, Admr. Motion for an order directing the Court of Appeals of Hamilton county to certify its record. Overruled. 9060. Lillian Honhorst, Exrx., VS. Julia Honhorst. Motion for an order directing the Court of Appeals of Hamilton county to certify its record. Allowed. 9062. The Sylvania Home Telephone Co. vs. The Berkey Farmers Mutual Telephone Co., et al. Motion for an order directing the Court of Appeals of Lucas county to certify its record. Overruled. GENERAL DOCKET. 14980. Morris Arnoff vs. H. W. Williams et al. Cuyahoga. Judgment modified and affirmed as modified. Opinion. 15017. A. A. Crawford et al. vs. Jacob Weidemeyer et al. Crawford. Settled and dismissed by consent of parties. 15041. Albert V. Bauman vs. Alexander Kiskadden, Trustee. Lucas. Judgment affirmed. 15059. The State of Ohio ex rel. O. P. Mitman et al. vs. The Board of County Commissioners of Greene county, Ohio. Greene. Judgment reversed. Cause remanded. Opinion. 15060. In re. R. D. Williamson et al., as the Board of Commissioners of Greene county, Ohio. Greene. Judgment reversed. Cause remanded. Opinion. SECRETARY OF STATE New Incorporations. The Lakewood Heights Land Company, Cleveland, $10,000. O. D. Echelman, Louis Menger, Bessie Shatto, Marie Kurka, L. C. Shaver. The Buckhorn Co-operative Creamery Company, Newcomerstown, $15,000. G. C. Ports, D. MacMillen, A. G. Cahill, J. H. Morris. The Times Square Automobile Company, Cincinnati, $2000. J. D. Ellis, L. Kramer, Clara Callahan, A. G. Reisenberg, G. Bettman. The Arrow Cartage and Storage Company, Cleveland, $50,000. E. W. Archer, C. T. Austin, R. H. Reed, F. A. Irvine, Calvin J. Hinds. The West End Stamping & Manufacturing Company, Cleveland, $50,000. O. D. Eshelman, Louise Menger, Bessie Shatto, Marie Kurka, L. C. Shaver. The Chatham Oil & Gas Company, Berea, $60,000. C. M. Jordan, B. B. Hathaway, F. H. Stover, Chas. Am merman. The Dayton Steel Heat Treating Company, Dayton, $5000. W. H. Hewitt, Harry O. Dubbs, Arnold P. Koors, Louisa Hewitt, John Wittman. The East View Lumber & Supply Company, Cleveland, $10,000. J. O. Anderson, James G. Brown, J. T. Wodward, H. Yahraus, Jos. Yahraus. The Lake Shore Trucking Company, Cleveland, $25,000. Wm. Karcher, Chas. A. Lawrence, Frank Leichtman, Jos. H. Chopp, J. Mertz. The Lima Theatre Orchestra Com pany, Lima, $50,000. A. J. Ritzler, A. W. Fisk, E. E. Ritzler, Anna Green. The Mickelthwait Improvement Co., Portsmouth, $36,000. W. R. Mickelthwait, Wm. D. Mickelthwait, A. B. Mickelthwait, Louise Mickelthwait. The Ohio Press Company, Cincinnati, $15,000. Edward Eickoff, Howard Doyle, Chas. R. Richardson, O. W. Richardson, E. W. Richardson. The Kibler Clothing Company, Cleveland, $10,000. Frank M. Raymond, Dana F. Reynolds, G. W. Wolfe, Ira H. Krum, U. M. Miller. The West Virginia Rail & River Coal Company, Columbus, $50,000. S. F. L. Dean, H. H. Dean, John F. Carding, Earnest E. Hazelton, J. R. Elder, W. W. Daniels. The Kono Cereal Company, Dayton, $20,000. Leon G. Wilcox, Irving S. Hoffman, March E. Swanson, Geo. W. Ozing. Workingmen's Realty & Home and Building Company, Cleveland, $10,000. F. A. Ranellucci, John T. McHugh, H. Vaderhook, S. W. Anderson, R. D. Lueente, Patsy Scipione, W. W. Hole. Slavic Liquor Company, Youngstown, $5000. Thomas Vlasic, John Kovach, E. H. Welsh, J. W. Miller, Anthony Sinkovich. Park Flower Shop Company, Cleveland, $10,000. Albert B. Barber, John M. Fratus, Anna B. Barber, R. E. Elvidge, E. R. Cook. Multicell Electric Company, Steubenville, $10,000. A. T. Howser, G. F. Hamilton, Geo. B. Law, Frank S. King, Akron Jewelry Company, Akron, $10,000. Julius M. Gombossy, Eugene J. Silverman, Samuel Friedman, Walter R. Talbot, Hermine Clause. The Massillon Catholic Foresters Home Company, Massillon, $15,000. Charles A. Martin, Edward C. Ross, Louis Lachmaier, Julius Schneider, Arthur H. Boerner, John L. Seifert. The Mausoleum Engineering & Construction Company, Cleveland, $100,000 Edward Younger, E. C. Hoag, Horace F. Parks, L. M. Sewell, C. A. Niman. The Akron Bar Glass & Cigar Company, Akron, $10,000. M. Friedman, M. M. Nauman, Samuel Friedman, W. R. Talbot, John W. Huntoon. The Ohio Distributing Company, Lakewood, $1000; specialty products. Henry M. Calvert, Frank L. Miller, Robert Bigham, E. C. Warner, A. J. Tuttle. The Willshire Lumber Company, Willshire, $15,000. Daniel Myers, John Custer, Carey C. Finkhousen, Harvey Brittson, Oliver J. Harmon. The Zindle Plumbing & Heating Company, Akron, $10,000. Gilbert Zindle, Fred Zindle, Clair M. Tyler, Alfred Herberich, Wm. A. Boesche. The Queen City Investment Company, Cincinnati, $5000. Oscar A. Berman, Herman Lowenstein, Ely Elias, Joseph M. Neuman, E. Geutsch The Pavonia Building Company, Cuyahoga Falls, $25,000. C. P. Wat ers, . W. Haines, L. S. Cox, C. F. Wilcox, W. J. Harrington, Edward McGuire, Jno. M. Geib, John H. Burrell. The Phelps Manufacturing Company, Columbus, $100,000; wire wheels H. C. Phelps, George R. Hedges, Hugh Huntington, Herman R. Tingley, Stewart A. Hoover. The Logan Producing Company, Logan, $25,000; gas and oil; William Cline, J. B. Ellison, H. E. Sparnon, Jno. A. Wellman, J. G. Collins. The Charles D. Cussins Company, Columbus, $75,000" merchandise. Charles D. Cussins, Chas. J. Pretzman, John L. Daives, Boyd B. Haddox, Cecile Cowey. The Adena Coal Company, Steubenville, $65,000. S. M. Downer, George E. Lockhart, John A. Mansfield, William Goldberg, Roy N. Merryman. The Ferris Shoe Company, Cleveland, $10,000. Norton McGiffin, M. Jenkins, F. H. Pelton, Wm. H. Marlatt, F. W. Treadway. The Gschwind Company, Youngstown, $250,000. Carl E. Gschwind, Chas. F. Ritter, Malcolm Jennings, W. G. Scott, R. W. Archer. The G. & G. Realty Company, Toledo, $25,000. Chas. H. Getz, George R. Ghent, Scott Rowly, C. A. Langlotz, E. F. Rowly. The Heights Company, Cleveland, $10,000. A. W. Kilbourne, Chas. H. Olds, O. A. Congalton, Wm. J. Klotzbach, J. C. Turner. The Interstate Motor Sales Company, Dayton, $10,000. Wayne C. Littleton, Ora B. Lehman, Harry M. Filbert, Harry H. Kellenberger, Harry F. Nolan. The International Traffic Company, Cleveland, $10,000. I. S. Reynolds, A. G. Davis, A. W. Fenton, Jr., G. B. Goetzfried, Edward F. Bohm. The Lefkowitz Bros. Company, Cleveland, $25,000. Wm. H. Freytag, August Borchert, Anna Borchert, Isadore Lefkowitz, Bertha Lefkowitz. |