Order. This matter was submitted upon the pleadings, the evidence and exhibits, and the argument of counsel. Upon the consideration whereof, and being fully advised in the premises, and having this day made and filed in writing its findings of fact herein, the Commission further finds: That the following mileage scale rates, and all commodity rates, so-called, equalling or exceeding the same, now maintained, imposed, charged and collected by the defendants, or any of them, for the transportation, in intrastate traffic within the State of Ohio, of sugar beets, viz.: Together with the rates and charges imposed, charged and collected for the transportation of said commodity, in such intrastate traffic, over two or more lines, are excessive, unjust and unreasonable; That a just and reasonable schedule of rates for the transportation, in intrastate traffic within the State of Ohio, of sugar beets by said defendants, and each of them, is as follows, to-wit: Single Line Hauls. 25 miles and under. Minimum weight, 30,000 pounds per car. $0.70 per ton 0.90 per ton 1.00 per ton 1.15 per ton 1.30 per ton 1.40 per ton 1.50 per ton 1.60 per ton 1.70 per ton 1.80 per ton Where the mileage traveled is over two lines, the sum of twelve (12c) cents shall be added to the rate prescribed for one line, and where the mileage over which the commodity is hauled is over three lines, the sum of twenty (20c) cents shall be added to the rate prescribed for one line, and That where commodity rates are now published and in effect applying on sugar beets via. the lines of the defendant carriers, either on local or joint traffic, that are lower than the rates set forth in the next preceding finding, the same shall not be cancelled or effected by this order. It is, therefore, Ordered, That said The Cincinnati Northern Railroad Company, The Baltimore and Ohio Railroad Company, The Cleveland, Cincinnati, Chicago and St. Louis Railway Company, the Detroit, Toledo and Ironton Railroad Company, The Hocking Valley Railway Company, The Lake Erie and Western Railroad Company, The New York Central Railroad Company, The New York, Chicago and St. Louis Railroad Company, The Northern Ohio Railway Company, The Toledo Terminal Railroad Company, The Toledo and Ohio Central Railway Company, The Wabash Railway Company, The Wheeling and Lake Erie Railway Company, The Pennsylvania Railroad Company, The Erie Railroad Company, The Toledo, St. Louis and Western Railroad Company and Walter L. Ross, receiver of said last named company, and each of them, be, and hereby they are notified, directed and required from and after the seventeenth day of October, 1921, to cease and and desist from charging, demanding and collecting or attempting to charge, demand and collect, for the transportation of sugar beets in intrastate traffic within the State of Ohio, the rates and charges not in excess of the rates and charges hereinbefore found and determined by the Commission to be just and reasonable. It is further Ordered, That said defendants, and each of them, be, and hereby they are notified, directed and required to establish, effective October seventeenth, 1921, and thereafter maintain, impose, charge and collect for the transportation of sugar beets in intrastate traffic within the State of Ohio, rates and charges not in excess of the rates and charges hereinbefore found and determined by the Commission to be just and reasonable. It is further Ordered, That this order shall not cancel or affect any commodity rates now published and in effect applying on sugar beets via the lines of the defendant carriers, either on local or joint traffic, that are lower than the rates and charges hereinbefore ordered substituted for the rates and charges found to be unjust, excessive and unreasonable. It is further Ordered, That schedules be published and filed in conformity herewith, effective upon not less than one day's notice. No. 2386-In the Matter of the Application of The Columbus, Delaware and Marion Electric Company for Authority to Extend $169,000.00 of 5% Bonds of The Columbus, Delaware and Marion Electric Railroad Company Due May 1, 1921, and to Issue Five Year 7% Gold Notes in Connection Therewith.-Prayer Granted. (Dated September 28, 1921) This day, after due notice to all parties in interest, this matter came on to be heard, and was heard upon the application of The Columbus, Delaware and Marion Electric Company, (a corporation duly organized and existing under and by virtue of the laws of the State of Ohio), for the consent and authority of this Commission to extend, for a period of five years from May first, 1921, the maturity date of $169,000, principal sum, of twenty-year bonds, heretofore issued by The Columbus, Delaware and Marion Electric Railroad Company, which matured upon the said first day of May, 1921, and subject to the lien of which applicant acquired title to its property, and, in connection therewith, to issue five year, seven per cent. gold notes, to be secured by a deposit of said bonds, of a like principal sum: Upon consideration whereof, and being fully advised in the premises, the Commission finds: That there are now outstanding $169,000.00, principal sum, of twenty-year gold bonds heretofore issued by The Columbus, Delaware & Marion Electric Railroad Company, subject to the lien of which applicant acquired its property, which bonds matured upon the first day of May, 1921, and should, at this time, be discharged or lawfully refunded, and That, under the conditions now obtaining in the financial markets, the applicant has found it advisable to enter into an agreement with the holders of said bonds providing for an extension of the maturity date thereof for five years from May 1st, 1921, and, in connection therewith, the issue of a like principal amount of five-year, seven per cent gold notes, secured by a deposit of said bonds, and That the extension of said underlying bonds and the issue and disposition of said five-year, seven per cent notes is reasonably required and necessary for the reorganization and readjustment of applicant's said indebtedness as aforesaid. and is satisfied that consent and authority therefor should be granted. It is, therefore, Ordered, That said The Columbus, Delaware and Marion Electric Company be, and hereby it is authorized to extend, for a period of five years from May first, 1921, the maturity date of the present outstanding one hundred and sixty-nine thousand dollars ($169000.00) principal sum of twenty-year bonds heretofore issued by The Columbus, Delaware and Marion Electric Railroad Company, subject to which the applicant acquired its property, and, in connection therewith, and when and as the holders of said bonds shall deposit the same for such extension, to issue its five-year, seven per cent. gold notes of the principal sum of one hundred and sixtynine thousand dollars ($169,000.00), which said notes shall be secured by a deposit, as collateral security, of said extended bonds, and to pay the reasonable costs and expenses connected therewith, which costs and expenses shall not exceed five percentum of the principal sum of such notes so issued. It is further Ordered, That the applicant make verified report to this Commission of the exercise of the authority herein granted. And it appearing that the applicant now has bonds issued and outstanding in excess of its issued and outstanding capital stock, it is further. Ordered, That the retention of said bonds, heretofore issued by The Columbus, Delaware and Marion Electric Railroad Company for said extended period of five years, and the issue and disposition of said five-year notes in excess of applicant's issued and outstanding capital stock be, and hereby they are specifically consented to, authorized and approved. ATTORNEY GENERAL 1. Under Amended Senate Bill No. 3, Known as the "Atwood Automobile Anti-theft Law," it is not Necessary That Any Paper Denominated a Bill of Sale be Filed in the Office of the Clerk of Courts of a County Unless and Until a Transfer of Title to a Motor Vehicle or Used Motor Vehicle has Taken Place.-2. Under This Measure the Bill of Sale, in Cases Where Title Has Passed, Must Include All the Terms of the Instrument of Conveyance by Which Title is Passed, as Well as the Special Matter Required to be Incorporated in Such Bill of Sale by the Said Act; but if no Such Written Instrument of Conveyance Has Been Given the Bill of Sale May be Limited to the Items Required by the Act, and if Title Does not Pass the Bill of Sale, While Required to be Given if Possession Changes, Need not Show the Contract Under Which Possession Changes and Need not be Filed for Record Until Title Does Pass.-3. The Time Within Which a Bill of Sale or Paper Conveyance Must be Filed in the Office of Clerk of Courts Depends Upon the Time When Title Passes.-4. There is no Requirement That an Assignment of the Original Bill of Sale of a Used Motor Vehicle, Which is Required to be Made When the Title to Such Used Motor Vehicle Passes, Shall be Executed in Duplicate and Filed in the Office of Any Clerk of Courts. No. 2448—(Opinion Dated October 3, 1921) Hon. John R. King, Prosecuting Attorney, Columbus, Ohio. Dear Sir: You request the advice of this department upon the following questions: "1. Is it necessary, under Amended S. B. No. 3, for the person to whom the vehicle is delivered to file in the office of the clerk the contract between himself and the transferrer, the transferrer having included in the contract the specific information required by the act, or would it be a compliance with the law if a separate paper, containing a recital that possession of the vehicle had passed from the transferrer to the transferee, without disclosing the nature of the possession and containing the information required by the act, should be executed in duplicate and delivered to the transferee and by him filed with the clerk? This inquiry is suggested by the fact that the method of doing business among dealers in automobiles varies. Some of them use an ordinary bill of sale taking notes and mortgages |