Opinion Per Curiam. that the costs in the court of appeals and in this court be apportioned among the parties hereto, the court finds that the issue of law presented by the pleadings in this action is a question that was not free from doubt, and one upon which the several courts hearing the same have differed, and that the action was brought by the plaintiffs in good faith, and that they were entitled to litigate the same without incurring the penalties chargeable. It is therefore ordered and adjudged, that upon the payment of the assessments mentioned in the petition within thirty days from the entry of this decree, that no penalties be charged thereon, and the same are hereby specifically remitted. It is further ordered and adjudged, that the plaintiffs in error pay the costs expended by them. in the court of appeals of Lorain county and in this court, and that the defendants in error pay the costs expended by them in the same courts, for all of which execution is awarded. Judgment affirmed. JONES, MATTHIAS, JOHNSON, DONAHUE, WANA MAKER and ROBINSON, JJ., concur. Opinion Per Curiam. GILDER V. THE INDUSTRIAL COMMISSION OF OHIO. Workmen's compensation - Appeal to common pleas court — Employe of interstate employer — Award denied by industrial commission. (No. 16020-Decided February 11, 1919.) ERROR to the Court of Appeals of Lorain county. Mr. G. C. Hafley, for plaintiff in error. Mr. Joseph McGhee, attorney general; Mr. H. Stanley McCall and Mr. G. B. Findley, prosecuting attorney, for defendant in error. Judgment affirmed on authority of Reinholz, Gdn., v. The Industrial Commission of Ohio, 96 Ohio St., 457. Judgment affirmed. NICHOLS, C. J., JONES, MATTHIAS, DONAHUE and ROBINSON, JJ., concur. JOHNSON, J., not participating. " med Opinion Per Curiam. WRIGHT ET AL. v. LONGANECKER. Malicious prosecution - Charge to jury-Probable cause. CERTIFIED by Court of Appeals of Montgomery county. Messrs. James & Coolidge; Messrs. McMahon Messrs. Mattern & Brumbaugh and Mr. W. H. Judgment affirmed on authority of Ash et al. v. Judgment affirmed. NICHOLS, C. J., MATTHIAS, JOHNSON, DONA- Opinion Per Curiam. GRAFF, EXRX., ï'. Graff. Alimony - Husband's estate not liable therefor, when. (No. 15817 - Decided February 25, 1919.) ERROR to the Court of Appeals of Licking county. Mr. A. A. Stasel and Messrs. Flory & Flory, for plaintiff in error. Mr. Phil B. Smythe; Messrs. Fitzgibbon, Montgomery & Black and Messrs. Kibler & Kibler, for defendant in error. It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed upon authority of Lockwood et al. v. Krum, Admr., et al., 34 Ohio St., 1, and this court coming to render the judgment upon the facts admitted, that the court of appeals should have rendered, it is hereby ordered and adjudged that the estate of George Graff be, and the same is hereby, released from the payment of alimony in the sum of $25.00 per month from and after the date of the death of George Graff, to-wit: February 13, 1916. Judgment reversed and judgment for plaintiff in error. JONES, MATTHIAS, JOHNSON, DONAHUE and WANAMAKER, JJ., concur. NICHOLS, C. J., dissents. ROBINSON, J., not participating. Opinion Per Curiam. POLLITZ ET AL. V. THE PUBLIC UTILITIES COMMISSION OF OHIO. Public utilities commission-Railroads-Stocks and bonds - Expenditures authorized to be capitalized — Section 614-53, General Code. (No. 15968- Decided February 25, 1919.) ERROR to the Public Utilities Commission. Messrs. Snyder, Henry, Thompson, Ford & Seagrave, for plaintiffs in error. Mr. Joseph McGhee, attorney general; Mr. C. A. Radcliffe and Mr. S. H. West, for defendant in error. The court finds, that the expenditures set forth in Exhibit A, which were the basis for the issue of the stock, authorization of which was prayed for in the application, and which was allowed by the order of the commission, under Section 614-53, which provides that a public utility or railroad when authorized by order of the commission may issue stocks, etc., "when necessary for the acquisition of property, the construction, completion, extension or improvement of its facilities or for the improvement or maintenance of its service, or for the reorganization or readjustment of its indebtedness and capitalization, or for the discharge of lawful refunding of its obligations, or for the reimbursement of moneys actually expended from income or from any other moneys in the treasury of |