
    No. 14461.
    The Ohio Traction Co. v. The State of Ohio.
    Decided May 18, 1915.
    Error to Court of Appeals of Franklin county.
    
      Mr. George jH. Warrington; Mr. Ellis G. Kinkead and Mr. 
      
      Geo. B. Okey, for plaintiff in error.
    Journal entry: It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, modified; and coming now to render the judgment that the court of appeals should have rendered, it is hereby ordered and adjudged that the cause be remanded to the court of common pleas with instructions to modify its judgment by deducting from the amount thereof the excise tax' on dividends on securities owned by the defendant and on income derived from subsidiary companies, and it is further ordered and adjudged that the judgment of said court of common pleas as so modified be, and the same is hereby, affirmed. — Reporter.
    
      Mr. Timothy S. Hogan, attorney general, and Mr. Clarence D. Laylin, for defendant in error.
   Judgment modified and affirmed as modified.

Nichols, C. J., Johnson, Donahue and. Newman, JJ., concur. Wanamaker, Jones and Matthias, JJ., dissent and for affirmance.  