No. 604-The Brownell Company, Complainant, vs. The New York, Chicago and St. Louis Railroad Company, Defendant.

(October 15, 1915)

Entry of Dismissal.

It appearing from the statements by complainant that satisfaction of this case has been afforded by the defendant, the same hereby is dismissed.

In the above, a proceeding under Sec. 579, et seq., G. C., The Brownell Company, Dayton, asked reparation in the sum of $14.39, being the difference between a switching charge of $15.89 assessed at McComb, for switching a car from C., H. & D. Ry. interchange to a private siding on defendant's line, and the charge $1.50 for switching distances not exceeding two and one-half miles fixed by Sec. 900, G. C. Defendant did not plead but informally advised the commission that its local agent overlooked a published rate of $3.00 for . such service at McComb, the difference between which and the sum collected, with interest from Nov. 28, 1913, date of movement, was accepted by complainant as full satisfaction.

No. 336-H. C. Hossafous, Complainant, vs. The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company, and Norfolk and Western Railway Company, Defendants.

(October 15, 1915) Entry of Dismissal.

This matter came on for consideration upon the pleadings, the evidence and exhibits, and it appearing that the allegations of the complaint are not sustained by the evidence, it is, therefore,

ORDERED, That this case be, and it hereby is dismissed without prejudice.

This is a proceeding under Sec. 579, et seq., G. C., H. C. Hossafous, a lumber dealer of Dayton, asked an award of $138.68 alleged overcharge on 25 carloads of logs shipped to him from Winchester and Mt. Orab during the years 1910 to 1914, inclusive, the total weight of which was 1,354,860 lbs. and charges, based upon 6th class rate of 9c per cwt. $1,219.37. Complainant's case is premised upon an alleged violation of the long-and-short-haul statute when the defendants failed to apply to these shipments the co-temporaneaus 6th class rate of 6c, Portsmouth to Dayton. The com

mission ignored complainant's erroneous description of the rates as "class" rates when investigation disclosed them to be commodity rates, but, after a year's ineffective efforts to secure original expense bills and other documents necessary to establish complainant's case, disposed of the matter with the entry printed.

No. 562-The Horner Tobacco Company, Complainant, vs. The Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company, Defendant.

Entry of Dismissal.

(October 15, 1915)

It appearing from statements by the complainant that satisfaction of this case has been afforded by the defendant, the same hereby is dismissed.

The Horner Tobacco Co., Gettysburg, complained that the rate on tobacco to Malta, 24.7 cents per cwt. was excessive by comparison with rates of 16c from Versailles and 17.3c from Arcanum, equally distant from Malta, and 16.5c Greenville to Malta, a haul of 10 miles more. Defendant's answer disclosed that its local agent had misread his tariff, the rate from Gettysburg to Malta being published 17.3c. For reply, complainant asked refund of 7.4c per cwt. on 27,971 pounds of tobacco moving under erroneous rate, Jan. 25, 1915, to June 28, 1915, which has been granted.

1:30 p. m.-American Steel & Wire Company vs. B. & O. R. R. Co. et al.

9:30 a. m.-Protests against tentative mileage scale for road-making materials.

November 4—

9:30 a. m.-Appeals from the Ashtabula, Conneaut and Geneva gas

rates.

November 8

1:30 p. m.-Application of Y. & O. R. R. Co., to issue $200,000 bonds.

November 9

9:00 a. m.-Akron Gravel & Sand Company vs. Northern Ohio Railway Company.

ATTORNEY GENERAL

A Person Appointed by a County Board of Education as County School Examiner (Section 7811 G. C., as Amended) May Not Continue to Serve as Such School Examiner, After Having Ceased to Be District Superintendent or Teacher.

No. 921-(Opinion Dated October 13, 1915) Honorable Harry T. Hall, Superintendent of Banks, Columbus, O. Dear Sir: I have your letter of October 6, 1915, requesting my, opinion, as follows:

"We have had submitted to us the question as to whether or not the treasurer of a bank incorporated under the laws of this state is required to be a stockholder in the corporation."

In the General Code relative to the organization and powers of banks no specific provision has been made relative to the necessary qualifications of a bank treasurer or its other executive offiSection 9731 of the General Code provides that every director must be the owner and holder of at least five shares of stock in his own name and right, unpledged and unincumbered in any way.

cers.

Section 9714 of the General Code, which is one of the sections relative to the organization and powers of banks, provides as follows:

"In all other respects, such corporation shall be created, organized, governed and conducted in the manner provided by law for other corporations in so far as not inconsistent with the provisions of this chapter."

Section 8661 of the General Code, which is a part of the law relative to the organization and powers of corporations generally, provides as follows:

"A majority of such directors must be citizens of this state. All directors and executive officers shall be holders of stock of the company for which they are chosen, in an amount to be fixed by the by-laws, and trustees of corporations must be members thereof."

The treasurer of a corporation is an executive officer, and since the sections of the General Code particularly applicable to

banks are silent upon the subject of the necessary qualifications of officers of a banking corporation, it follows that the provisions of Section 8661 of the General Code, above quoted, are applicable.

I therefore advise you that the treasurer of a bank incorporated under the laws of this state must be a stockholder of said banking corporation in such amount as may be fixed by the corporation's by-laws.

The Treasurer of a Corporation Is An Executive Officer-The Treasurer of a Bank Incorporated Under the Laws of This State Must Be a Stockholder of Said Banking Corporation in Such Amount as May Be Fixed by the Corporation's By-Laws. Section 8661 G. C., Applies In Re Qualifications of Officers of a Bank.

No. 835-(Opinion Dated September 18, 1915) Hon. Frank W. Miller, Superintendent of Public Instruction, Columbus, Ohio.

Dear Sir: I have your letter of September 15 requesting my opinion, as follows:

"The county board of education appointed a person as county examiner, and such person met the requirements of the law at the time of his appointment, either as district superintendent or as teacher. Can such person lawfully continue to serve on the board of school examiners after having withdrawn from the teaching profession?"

Section 7811 G. C. as in force prior to its amendment in 104 O. L., 102, provided:

"There shall be a county board of school examiners for each county, consisting of three competent persons to be appointed by the probate judge. Two of such persons must have had at least two years' experience as teachers or superintendents, and have been within five years, actual teachers in the public schools. Each person so appointed shall be a legal resident of the county for which appointed. Should he remove from the county during his term, his office thereby shall be vacated and his successor be appointed."

This section was amended to read as follows:

"There shall be a county board of school examiners for each county, consisting of the county superintendent, one district superintendent and one other competent teacher, the latter two to be appointed by the county board of education. The teacher so appointed must have had at least two years' experience as teacher or superintendent, and be a teacher or supervisor in the public schools of the county school district

or of an exempted village school district. Should he remove from the county during his term, his office thereby shall be vacated and his successor appointed."

It was evidently the intent of the legislature in amending said Section 7811 G. C. by providing that the county board of school examiners shall consist of the county superintendent, one district superintendent and one other competent teacher having the qualifications prescribed in said statute as amended, to confine the membership of said county board of school examiners to persons actively engaged in public school work.

I am of the opinion, therefore, in answer to your question that a person appointed by a county board of education as county. school examiner under authority of Section 7811 G. C., as amended, may not continue to serve as such school examiner after having withdrawn from public school work as a district superintendent or as a teacher.

For the Purposes of Commitment of a Person to a Hospital for Insane, a "Legal Settlement" Means That There Must Have Been a Continuous Residence in the County of Twelve Months—As to a Non-Resident (Section 1950, G. C., as Amended Page 447 of 103, O. L.) the Board of Administration is the Directing Power.

No. 922-(Opinion Dated October 13, 1915) Honorable Frank DeLay, Probate Judge of Jackson, County, Jackson, Ohio.

Dear Sir: Permit me to acknowledge receipt of your favor of the nineteenth of September, in which you ask for an opinion on a question which is as follows:

"Will you kindly give me your opinion upon the following question:

"Where a person who has resided in this state for more than a year removes from one county to another, and there becomes insane, how long must he have resided in the latter county in order to justify his commitment to an insane hospital from said latter county?"

Section 1818 of the General Code is as follows:

"When application to a judge of the probate court is made for the commitment of a person to a hospital for insane, a hospital for epileptics or the institution for the feeble-minded, or whenever application to the superintendent of any other benevolent institution is made for the admission of a person thereto, such judge or superintendent shall require answers to the following questions: