Power Company which applicant acquired at judicial sale thereof at Mansfield, Ohio, September 15, 1915, and the time for hearing said matter having been fixed for Monday, November 15, 1915, at one-thirty o'clock p. m., and due notice of the time and place of said hearing having been given, and having been heard on said day and the further consideration thereof continued from day to day, the same came on this day for final consideration.

After considering the pleadings, hearing the evidence and examining the exhibits, and being fully advised in the premises, and it appearing that the proceeds of said capital stock are to be used in payment of the purchase price of property to be used and useful for the prosecution of applicant's corporate purposes, the commission is satisfied that the prayer of said application should be granted. It is, therefore,

ORDERED, That said The Mansfield Public Utility and Service Company be, and it hereby is authorized to issue its common capital stock of the total par value of three thousand, five hundred dollars ($3,500.00), 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 Mansfield Public Utility and Service Company, devoted to and used for the following purpose and no other, to-wit: To be applied to the payment of the purchase price for the property and assets formerly owned by The Mansfield Railway, Light and Power Company, acquired September 15, 1915, at public sale under decree, dated December 30, 1912, of the court of common pleas of Richland county, Ohio, which sale was, by said court, confirmed on said fifteenth day of September, 1915. It is further

ORDERED, That said The Mansfield Public Utility and Service Company make verified report to this commission of the issue of said capital stock and the disposition of the proceeds thereof, pursuant to the terms and conditions of this order. 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 a part of the consideration for which said capital stock herein is authorized to be issued, as an acquiscence 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 that said rates are reasonable and not excessive and not discriminatory, or that the service of said companies is adequate, efficient or sufficient.

643-In the Matter of the Joint Application of The Electric Light Company, of Ottawa, Ohio, and The North Western Ohio Light Company for Authority for the Sale and Transfer of PropertyPrayer Granted.

(November 29, 1915.)

The Electric Light Company of Ottawa, Ohio, and The North Western Ohio Light Company, corporations duly organized and existing under and by virtue of the laws of the state of Ohio, having, on the twenty-fifth day of October, 1915, filed their joint application asking for the consent and approval of this commission to the sale and conveyance, by said The Electric Light Company of Ottawa, and the purchase and acquisition by said The North Western Ohio Light Company of all of the property of said The Electric Light Company of Ottawa, consisting of an electric light and power plant and distributing system for the manufacture and distribution of electric energy, for sale to the citizens and residents of Ottawa, Putnam county, Ohio, and territory adjacent thereto, and the time for hearing said matter having been fixed for Friday, November 5, 1915, at one-thirty o'clock p. m., and due notice of the time and place of said hearing having been given and having been heard on said day and the further consideration thereof continued from day to day, the same came on this day for final consideration.

After considering the pleadings, hearing the evidence and examining the exhibits, and being fully advised in the premises, and it appearing that the service furnished the public will be improved thereby and that the public will be furnished adequate service for a reasonable and just charge or rate therefor, the commission is satisfied that its consent and authority for the purchase, sale and conveyance of said property should be granted. It is, therefore,

ORDERED, That said The Electric Light Company of Ottawa, Ohio, be, and it hereby is authorized to sell and convey to said The North Western Ohio Light Company, all of its property, consisting of an electric light and power plant at Ottawa, Putnam county, Ohio, including a generating station and distributing system for the manufacture and distribution of electric energy, for sale to the citizens and residents of Ottawa and territory adjacent there

to; and said The North Western Ohio Light Company be, and it hereby is authorized to purchase and acquire said property. further

It is

ORDERED, That nothing herein shall be construed to be the consent to or approval, by the commission, of any increase in rates or diminution of service in the territory now served by said property. It is further

ORDERED, That said companies forthwith file with this commission schedules providing for their respective withdrawal from and inauguration of service in the territory now served by said property, and that the authority herein granted may be exercised from and after the date of the filing of such schedules. It is further

ORDERED, That nothing herein shall be considered as a finding by the commission of the value of the property herein authorized to be purchased and sold, 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 at any of their stations, or in any municipality, or elsewhere, 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 at any of their stations, or in any municipality or elsewhere, is adequate, efficient or sufficient.

No. 677-In the Matter of the Joint Application of LeRoy Dobyns and The Hilliard Light and Power Company Covering Sale of Electric Light Plant at Hilliard, Ohio-Prayer Granted.

(December 6, 1915.)

LeRoy Dobyns, the sole owner of the electric light plant in the village of Hilliard, Franklin county, Ohio, and The Hilliard Light and Power Company, a corporation duly organized and existing under and by virtue of the laws of the state of Ohio, having, on the twenty-second day of November, 1915, filed their joint application asking for the consent to and approval, by the commission, of the sale and transfer by the said LeRoy Dobyns, and the purchase and acquisition by said The Hilliard Light and Power Company, of said electric light plant in the village of Hilliard, and the commission having fixed Friday, December 3, 1915, at two-thirty o'clock p. m., as the time for hearing said matter, and due notice of the time and place of said hearing having been given, and having

been heard on said day and the further consideration thereof continued from day to day, the same came on this day for final consideration.

After considering the pleadings, hearing the evidence and examining the exhibits, and being fully advised in the premises, and it appearing that the service furnished the public will thereby be improved, and that the public will be furnished adequate service for a reasonable and just rate or charge therefor, the commission is satisfied that its consent and authority for the sale and purchase of said property should be granted. It is, therefore,

ORDERED, That said LeRoy Dobyns be, and he hereby is authorized to sell and convey to said The Hilliard Light and Power Company the electric light plant in the village of Hilliard, Franklin county, Ohio, consisting of engines, generators, switch-boards, cables, wires, poles, motors and all appurtenances and equipment necessary to produce, transfer and distribute electrical energy to the citizens of said village and in the immediate vicinity thereof, for light, heat and power, which said property is more fully described and enumerated in the application herein, which said pleading, insofar as it describes and enumerates said property hereby is made a part of this order by reference; and said The Hilliard Light and Power Company hereby is authorized to purchase and acquire said property. It is further

ORDERED, That nothing herein shall be construed to be the consent to or approval, by this commission, of any increase in rates or diminution of service in the territory now served by said property. It is further

ORDERED, That said parties forthwith file with this commission schedules providing for their respective withdrawal from and inauguration of service in the territory now served by said property, and that the authority herein granted may be exercised from and after the filing of such schedules. It is further

ORDERED, That nothing herein shall be considered as a finding by the commission of the value of the property herein authorized to be purchased and sold, 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.

ATTORNEY GENERAL

Laborers Employed Upon the Public Highways by County Commissioners Are in the Unskilled Labor Class as Defined in Paragraph 2, Subdivision (b) of Section 486-8, General Code. (The Civil Service Law).

No. 1024 (Opinion Dated November 16, 1915.) Hon. Earl K. Solether, Prosecuting Attorney, Bowling Green, Ohio. Dear Sir: I have your letter of November 13, 1915, as follows:

"I desire your opinion as to the construction of certain sections of the civil service statutes recently enacted by our legislature, and in particular, Section 486-8 G. C. (b), paragraph 2.

We have in this county extensive stone road repairing and at the present time the commissioners are employing about one hundred men, consisting of teamsters, laborers and superintendents, who are engaged in the improvement of our stone roads.

Our auditor has asked me as to whether the civil service act, especially the paragraph above mentioned, will apply to the laborers above mentioned."

While you do not make the direct inquiry yourself, it appears from your letter that the question under consideration by you applies to the employment of certain laborers upon the public highways of your county, said employment being made by the county commissioners. It further appears from your letter that the county auditor has asked you whether the civil service law of the state applies to the employment of said laborers.

Taking this inquiry as your question in this matter, we must observe in the first place that under the provisions of paragraph 1 of Section 486-1 G. C. as amended 106 O. L. 400, the term "civil service" includes all offices and positions of trust or employment in the service of the state and the counties, cities and city school districts thereof. It may be said, therefore, as a general proposition that all employments by the state or county authorities are covered by and included within the scope of the foregoing provisions.