Page images

stock of such bridge company, to an amount not exceeding onethird of such stock, or may purchase, or take by way of pledge, any of the bonds or other evidences of indebtedness issued by it. 65 v. 55, S 9; S. & S. 204.

$ 3547. Consolidation of companies

Such bridge company shall have the right to consolidate its capital stock with the capital stock of any bridge company in an adjoining state authorized to construct a bridge across the Ohio river, in the manner prescribed for the consolidation of railroad companies, and the two companies shall thereupon be merged into one corporation, possessing within this state all the rights, privileges, and franchises, and subject to all the restrictions, disabilities and duties of such corporation of this state so consolidated. 65 V. 55, $ 10; S. & S. 204.

$ 3518. May change span or height of bridge

Such company may fix or change the span and altitude of any bridge which it may erect and construct, but the span shall not be less than three hundred feet in the clear over the main' channel, and not less than two hundred and twenty feet in the clear in one of the next adjoining spans, and the height of the bridge in the center of the span over the main channel shall not be less than one hundred feet above the surface of the water at low water-mark, measuring for such elevation to the bottom chord of the bridge, and such height above extreme high watermark as may be provided in any act of congress now in force or hereafter passed; but this section shall not apply to any bridge built with a draw in accordance with the provisions of an act of congress approved July 14, 1862, entitled “an act to establish certain post roads," or any act of congress subsequently passed on the subject. 65 v. 55, S II; S. & S. 204.

$ 3548a. May borrow money for construction or mainte

nance of avenues or approachesAny company which has heretofore constructed any bridge across the Ohio river may construct, extend and maintain avenues or approaches thereto beyond the point where the same are now or are by law authorized to be constructed, and, in the construction and maintenance of such avenues and approaches, may exercise all the rights, powers and privileges now conferred on bridge companies by the laws of the State of Ohio, and may borrow money and secure the payment of the same as is provided in section thirty-two hundred and fifty-six of the Revised Statutes. 91 0. L. 279.

$ 3549. May own and run certain ferries-Rates of fer

riageSuch companies may purchase, hold, and receive grants for, and run ferries within one-half mile of such bridges across said river, and do and perform all the necessary acts in relation thereto, but the rates of ferriage shall be subject to the control of the authorities as in case of ferries owned and run by individuals. 66 v. 136, $ 2.



Powers of gas and water companies. 35500. Powers in Cincinnati. 3551. May contract with public authorities. 3552. Gas company may extend pipe beyond

city. 3553. Standard measure for gas. 3554.

Meter must be sealed and stamped. 3555. Gas companies to furnish certain ap

paratus. 3556. How and when meters in use to be



What is merchantable gas.
3558. Agents of company may enter premises

to inspect meter. 3559 When company may shut off the gas. 3560. Penalties for tampering with meters. 3561. Each company to provide certain ap

paratus. 35611. Laws made applicable to natural gas


$ 3550. Powers of gas and water companies

A company organized for the purpose of supplying gas for lighting the streets and public and private buildings of a city, village, town, or township, may manufacture, sell and furnish the gas required therein for such or other purposes, and a company organized for the purpose of supplying the inhabitants of a city, village, town, or township, with water may sell and furnish any quantity of water required therein for such or other purposes; and such companies may lay conductors for conducting gas or water through the streets, lands, alleys and squares in such city, village, or town, or township, with the consent of the municipal authorities of the city, village, or town, or with the consent of the trustees of the township, and under such reasonable regulations as they may prescribe. 64 v. 255, $ 53; S. & For full provisions relating to regulation of gas companies by municipal council and ownership of gas-works by city, see Rev. Stat., secs. 2478 to 2491.

Ordinance regulating price of gas is a proposition to gas company to supply at price named. State v. Gas Co., 37 Ohio St. 45.

Corporation under special charter is subject to legislative control as to prices unless charter clearly makes it exempt. State v. Gas Co., 34 Ohio St. 572.

Council of Cleveland may regulate price of gas in that city-facts stated which do not constitute a contract limiting such power. State of Ohio v. Cleveland Gas Light and Coke Co., 3 C. C. 251.

Where it is the duty of company to furnish gas to a city at prices fixed by ordinance under section 2478, it may be compelled to do so by mandatory injunction. Gas Light Co. v. Zanesville, 47 Ohio St. 35.

For construction of contract to sell gas at “averaged price," see Cincinnati v. Gas Light & Coke Co., 53 Ohio St. 278.

A company incorporated to construct water-works for supplying a municipality with water, is not invested with power of eminent domain. State v. Salem Water Co., 5 C. C. 58.

For construction of sections 3550 and 3551 upon subject of electric lighting and powers of companies, see Brush Electric Light Co. v. Jones Bros. Electric Co., 23 B. 329, and 5 C. C. 340, affirmed in 29 B. 72.

A private corporation for selling and transporting natural gas for fuel, can not, under an ordi ce, lay pipes in streets without permission of and compensation to holders of the fee in the street. Laying such pipes subjects the street to additional burden and servitude. Webb v. Ohio Gas Fuel Co., 16 B. 121 (C. P.).

City may change grade of street when necessary after pipes are laid, is not liable for damage caused by necessity of taking up and relaying pipes in order to accommodate them to the new grade. Gas Light & Coke Co. v. Columbus, 50 Ohio St. 65.

Exclusive right to lay pipes cannot be granted to one company. Newark Gas Co. v. Newark, 7 N. P. 76 (C. P.).

$ 3550a. Gas and gas light and coke companies vested

with powers, privileges and franchises of

electric light companies in CincinnatiIn cities of the first grade of the first class gas companies and gas light and coke companies organized under the laws of this state for the purpose of manufacturing and supplying gas for lighting the streets and public and private buildings and places, shall have, in addition to the powers already conferred, all the powers, privileges and franchises of electric light companies to construct, maintain and operate electric light plants and stations, with all fixtures and appliances necessary for furnishing electric light, heat and power to such cities and the inhabitants thereof; and such companies may lease or purchase, maintain and operate existing electric light plants and stations, together with all the fixtures, appliances, equipments and all other property thereunto belonging, including the capital stock, rights and franchises of any existing company or companies, person or persons, owning the same. go O. L. 29I.

$ 3551. May contract with public authorities

The municipal authority of any city or village, or the trustees of any township, in which any gas or water company is organized, may contract with any such company for lighting or supplying with water the streets, lands, lanes, squares and public places in such city, village, town or township, but no such company shall go into operation in any city or village where such a corporation has already been formed, or is hereafter forined, until after the question of authorizing such operation has been submitted to the qualified voters of such city or village, and authorized by ordinance. 71 v. 93, S 54.

A company already organized and in operation, after vote by the people, can make contract to furnish the city with gas, without another vote-this section applies only to formation of another company. Lima Gas Co. v. City of Lima, 4 C. C. 22.

Although a city theretofore taken gas from a company which has compiled with all its duties, such city may cease taking gas, and erect gas-works, or purchase works already erected, whenever expedient and for the public good. State v. City of Hamilton, 47 Ohio St. 52.

$ 3552. Gas company may extend pipes beyond city

A gas company in any city or village may extend its pipes used for conveying gas to the various localities and inhabitants of such city or village, to any point or place in the vicinity of such city or village outside the corporate limits thereof; but the right of way must be obtained from the corporate or other authorities, or person having control of the places to be affected by such extension. 56 v. 92, S 1; S. & C. 351.

See Cincinnati Gas Co. v. Avondale, 43 Ohio St. 257, for construction put upon facts given.

$ 3553. Standard measure for gas

The standard or unit of measure for the sale of illuminating gas by meter shall be the cubic foot, containing sixty-two and three hundred twenty-one one-thousandth pounds avoirdupois weight of distilled or rain water, weighed in air, of the temperature of sixty-two degrees Fahrenheit's scale, the barometer being at twenty-nine and one-half inches. 63 v. 164, $ 5; S. &

S. 159.

$ 3554. Meter must be sealed and stamped

No meter shall be set unless it is tested by a meter-prover, sealed and stamped, as provided in section thirty-five hundred and fifty-six; and any company authorizing the setting of a meter, or allowing the same to be used by any consumer of gas, without being so sealed and stamped, shall forfeit and pay not less than twenty-five nor more than one hundred dollars, to be recovered upon the complaint of any such consumer, in the name of the state, before any court of competent jurisdiction, 64 v. 39, $ 6; S. & S. 161.

$ 3555. Gas companies to furnish certain apparatus

There shall be provided, at the expense of the gas companies of this state, at the office of the secretary of state, a standard measure of the cubic foot, and such other apparatus as in his judgment shall be necessary for the performance of his duties under this chapter. 63 v. 164, S 7; S. & S. 159.

$ 3556. How and when meters in use to be tested

Meters in use shall be tested on the request of the consumer, in his presence if desired, with a meter-prover tested and sealed as provided in section thirty-five hundred and sixty-one, by an officer or servant of the company; if the meter be found to be correct, the party requesting the inspection shall pay a fee of twenty-five cents, and the expense of removing the same for the purpose of being tested, and the re-inspection shall be stamped on the meter; if proved incorrect, no fees or expenses shall be paid by the consumer, and the company shall furnish a new meter without any charge to the consumer; and no gas company shall have the right to charge rent for meters. 64 v. 39, S 9; S. & S. 161.

$ 3557. What is merchantable gas

Illuminating gas shall not be merchantable in this state which has a minimum value of less than twelve candles—that is, a

« PreviousContinue »