not less than one hundred and not more than five hundred dollars. The means thus created for enforcing said inhibition shall be held to be only cumulative to any other lawful means open to the municipality by way of injunction or otherwise; and this act shall apply to actions and causes of action or proceeding named in section seventy-nine of the Revised Statutes, except such as may be pending on error and not on appeal, in any circuit court of the state. 92 O. I. 204.

An electric lighting company is bound to furnish light to all applicants at a reasonable price. The rates may be regulated by city council under section 2478. R. R. Co. v. Bowling Green, 57 Ohio St. 336.

§ (3471-1.) Sec. 1. Subways for telephone and telegraph wires in cities; erection of poles; penalty—

Any company organized under the laws of this or of any other state, and owning and operating a telephone exchange, or doing a telegraph business, in any city in this state, may construct and maintain underground wires and pipes, or conduits and other fixtures for containing, protecting and operating such wires in the streets and public ways of said city, when the consent of such city has been obtained therefor, and it shall be unlawful for any corporation, company or individual to erect any telephone or telegraph pole or poles within that portion of any city in this state where subways have been constructed, except such poles as may be required for the purpose of distributing wires from said subways to subscribers, stations, and all such poles shall, so far as possible, be located in alleys; provided that this section shall not apply to existing telegraph companies until such companies shall have authority and sufficient time to construct subways; and whoever violates any of the provisions of this section. shall be punished by a fine of not more than two hundred and not less than fifty dollars. 91 O. L. 205.

§ (3471-2.) Sec. 2. By whom consent shall be given

Such consent shall be given by the board of city commissioners, board of public improvements, board of public works, or board of administration of such city, or their respective successors in office, or by the city council in cities where no such board exists. 88 O. L. 296.

Powers of electric light and power

(§ 3471-3.) Sec. I. companies

A company organized for the purpose of supplying electricity for power purposes, and for lighting the streets and public and private buildings of a city, village, or town, may manufacture, sell and furnish the electric light and power required therein for such and other purposes, and such companies may construct lines for conducting electricity for power and light purposes through the streets, alleys, lanes, lands, squares and public places of such city, village or town, by the erection of the necessary fixtures, including posts, piers and abutments necessary for the wires, with the consent of the municipal authorities of the city, village or town, and under such reasonable regulations as they may prescribe. Provided, that all wires erected and operated under the provisions of this act shall be covered with a waterproof insulation, and said poles, piers, abutments and wires shall be so located and arranged as not to interfere with the successful operation of existing telegraph and telephone wires.

As to powers of electric light companies, see Hauss Electric Lighting Power Co. v. Jones Bros. Electric Co., 23 B. 137.

(§ 3471-4.) Sec. 2.

The municipal authorities of any city, village or town, in which any electric light company is organized, may contract with any such company for lighting the streets, alleys, lands, lanes, squares and public places in such city, village or town.

O. L. 143.

For sections 3471-4a, 5, 6, 7 and 8, see memorandum of laws, page 6.

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§ 3472. Powers of companies

A turnpike or plank-road company may construct a turnpike or plank-road, as shall be named in its articles of incorporation, between the termini named therein, and when it is so designated. in the articles of incorporation, may improve and hold more than one road, when such roads diverge from one point, or branch from each other in the course of their routes. 50 v. 274, § 32; 51 V. 484, § 2; S. & C. 239, 319.

The surface of such road is private property of the company, and a municipality cannot lay pipes under the surface without compensation to the company. Cin. & Avondale Turnpike Co. v. Village of Avondale, 17

B. 294.

Fee simple not being necessary, the company cannot purchase same to de

iay or prevent the building of a bridge over the turnpike by a railroad company. Wooster Turnpike Co. v. Ry. Co., 15 C. C. 268.

§ 3473. Supplemental articles, etc.

Any such company may file supplementary articles, for the specification and designation of an additional branch road connected with any previous work constructed by it, and may unite with any other turnpike or plank-road company in maintaining and holding any road in common between them, and divide the proceeds thereof in proportion to their interest. 51 v. 484, § 3; S. & C. 319.

$3474. May use stone, gravel, or plank

Any turnpike or plank-road company, in the construction or repair of its road, may make or construct any part thereof with either stone, gravel, or plank, as one or the other material may be most convenient for such part of the road; when plank is used it must be two and one-half inches thick, and cover sufficient of the road for the accommodation of teams, and may be placed in the center or on either side of the road; and a change of material must not impair the utility of the road, or render it less valuable to the traveling public. 50 v. 274, § 33; 51 v. 395, § 2; 52 v. 24, § 1; S. & C. 295, 334, 370.

§ 3475. May enter upon and appropriate lands

Any such company, or its agents, may lay out, locate, survey, and make the turnpike or plank-road for the making of which it is incorporated, through any improved or unimproved lands, on the best route between the points or places designated in the articles of incorporation, contracting for and paying the owners of the land over which the road passes the damage done thereto by laying out and making the road, and for materials taken therefrom for constructing or repairing the same; when the company and the owner cannot agree as to the amount of compensation, or when the owner is unknown or incapable of contracting, then such damages shall be assessed and paid in the manner prescribed by law; and when any part of the road is rendered unsafe for travel by the current of any river, watercourse, or other unavoidable cause, the company may change the location of the road at such place so far as may be necessary, and may appro

priate land therefor in the manner aforesaid. 50 v. 274, § 32; 62 v. 36, § 1; S. & C. 293; S. & S. 116.

§ 3476. How right to use bridge or street acquired

Whenever a company deems it expedient or necessary, in laying out or building a turnpike or plank-road for which it has become incorporated, to enter upon and take possession of any road, street, alley, or bridge, it shall present to the commissioners of the county in which such road, street, álley, or bridge, is situate a petition, signed by at least twelve citizens living upon or being interested in such road, street, alley, or bridge, and shall cause a notice to be published in some newspaper of general circulation in the county, for four consecutive weeks, of the object and prayer of such petition, that remonstrances may be made thereto; and the commissioners, at their next meeting after the presentation of such petition, notice having been given as aforesaid, shall hear and determine the same; and if it appear that it will be for the interest of the community using such road, street, alley, or bridge, to have the same taken and used for the purpose of constructing such turnpike or plank-road thereon, the commissioners shall grant a permit, in writing, to the company, to take and use the same on such terms as they may deem fit for the interest of the community; and the company shall thereby acquire an exclusive right of way in such road, street, alley, or bridge; but nothing in this section shall be so construed as to extend to roads, streets, alleys, or bridges, within the limits of a city or village in this state, nor to any macadamized road. 63 v. 61, 4; S. & S. 141.

§ 3477. Width and grade—

All turnpikes and plank-roads shall be opened not exceeding sixty feet wide, thirty feet of which shall be cleared of brush and logs, and at least sixteen feet shall be made an artificial road, composed of stone, gravel, wood, or other convenient material, well compacted together in such manner as to secure a firm, even and substantial road, and in no case shall the ascent in any such road be greater than five degrees; but when a company has been licensed by the county commissioners as directed by law, and has collected tolls on its road for ten years or upward, it may demand and receive such tolls thereon as are authorized