Opinion Per Curiam. commission is considered, together with the record, it is not subject to such criticism, for the commission further found that the Metamora company had an up-to-date plant and was rendering good service and that it was equipped to meet the demands of subscribers within the bounds of the territory properly occupied by its lines. Whether there should be a single or dual telephone service is a question of policy upon which there may be ample ground for difference of opinion, but as pointed out in the case of Ashley Tri-County Mutual Telephone Co. v. New Ashley Telephone Co., 92 Ohio St., 336, and the more recent case of Celina & Mercer County Telephone Co. v. The Union-Center Mutual Telephone Assn., ante, 487, the determination of that question of policy is a legislative function and has been exercised by the general assembly of Ohio by action clearly within its constitutional power. The manner of regulating telephone companies provided by the law of this state is the plan adopted quite generally by the several states. These provisions in no wise offend against any provisions of the federal laws relative to interstate commerce. The Public Utilities Commission acted within the authority conferred upon it by Section 614-52, General Code, and we are unable to find that its action herein was unreasonable or unlawful, and therefore its order is affirmed. Order affirmed. MARSHALL, C. J., JOHNSON, HOUGH, ROBINSON, JONES and MATTHIAS, JJ., concur. WANAMAKER, J., dissents. Statement of the Case. THE VILLAGE OF ST. CLAIRSVILLE V. THE PUBLIC UTILITIES COMMISSION ET AL. Public utilities commission — Jurisdiction — Abandonment of service -Section 504-3, General Code - Gas supply to municipality — Inability of distributing company to secure supply — Jurisdiction of noncontractual company- Notice of application to withdraw service-Newspaper publication sufficient. 1. The public utilities commission by virtue of the powers conferred upon it by Section 504-3, General Code, may allow a gas company to discontinue service to a municipality, if satisfied that the gas company no longer has a supply of gas and is unable to procure by contract a supply from another gas company or pipe line company. 2. The commission does not have power to compel by order a gas company which is not a pipe line company to furnish a supply of natural gas to another gas company to enable such other gas company to comply with its contract to supply a municipality and its inhabitants. 3. By the provisions of Section 504-3, General Code, upon application by a public utility to be allowed to withdraw service, it is not required that notice shall be given to each party theretofore receiving service of the time and place for hearing such application, other than publication in a newspaper of general circulation throughout the county or municipality where such utility has a franchise. (No. 16829-Decided June 14, 1921.) ERROR to the Public Utilities Commission. The Village of St. Clairsville, Ohio, on November 6, 1907, passed a franchise-ordinance in favor of The Ohio Fuel Supply Company, to use the streets and alleys of the village for the transportation of natural gas and distribution and sale of natural gas to the village and its inhabitants. The franchise-ordinance was for an indeterminate Statement of the Case. period. In the same ordinance it was provided that before being allowed to use the streets and alleys. for such purposes, The Ohio Fuel Supply Company should first file an acceptance in writing of the provisions of the ordinance and agree to be bound by all its provisions. About the same time a rate-ordinance was passed by the village, fixing the price which The Ohio Fuel Supply Company might charge for natural gas during the ensuing ten years in said village. On the 11th day of November, 1907, a written acceptance of the franchise-ordinance and also of the rate-ordinance was filed, but the written acceptance contained no affirmative covenants. Thereafter The Ohio Fuel Supply Company furnished gas from its own source of supply until October, 1909, at which time the supply partly failed and the company entered into a contract for a supply of gas from The East Ohio Gas Company. The Ohio Fuel Supply Company had a limited supply until about 1915, at which time the line to its own field was taken up. The contract between The Ohio Fuel Supply Company and The East Ohio Gas Company was by its terms to continue for the period of one year from October 22, 1909, and, thereafter, indefinitely, subject to termination at any time upon six-months' written notice by either party to the other. There was not at any time any contract between the Village of St. Clairsville and The East Ohio Gas Company, neither was any franchise-ordinance ever granted to The East Ohio Gas Company, neither did The East Ohio Gas Company at any time furnish gas to any consumers within the Village of St. Clairsville. Statement of the Case. The East Ohio Gas Company was originally organized in 1898, and among the purposes stated in its articles was that "of piping and transporting natural gas from the place or places where it is produced, purchased or acquired to St. Clairsville, Belmont county," etc. On November 24, 1919, The East Ohio Gas Company, claiming to be short of a supply of natural gas sufficient for its own contracts, served notice in writing upon The Ohio Fuel Supply Company of a cancellation of the contract of October 22, 1909, in which notice it was stated that the supply would be discontinued May 31, 1920. Thereupon, on April 8, 1920, The Ohio Fuel Supply Company, acting under authority of Sections 504-2 and 504-3, General Code, known as the Miller Act, served notice upon the Village of St. Clairsville and filed its application with the Public Utilities Commission for permission to withdraw its natural gas service and facilities from the Village of St. Clairsville. Upon motion of the Village of St. Clairsville, The East Ohio Gas Company was made a party and answered to the proceedings. The answer admits that since October, 1909, it has been furnishing gas to The Ohio Fuel Supply Company, under the contract as above briefly outlined, and that it has served notice of cancellation thereof, but denies that it is a pipe line company and on the contrary asserts that it is a natural gas company supplying natural gas to consumers in a number of cities in northeastern Ohio, particularly in Cleveland. It admits that it has pipe lines running through Belmont county, but only for the pur Statement of the Case. pose of conveying its own gas to its own consumers. It alleges a diminishing supply and an inability to supply those cities where it has franchise obligations, and that the situation has in fact arisen which was foreseen at the time of making the contract of October, 1909, in which the right to terminate and cancel the same was reserved upon six-months' written notice. Finally, it denies that the commission has jurisdiction, because the company does not desire to abandon or close for service all or any part of its lines in Belmont county or the service rendered consumers thereby. The entire matter was fully heard before the commission, at which hearing both gas companies were represented. The Village of St. Clairsville was represented by the city solicitor, Belmont county was represented by the prosecuting attorney, and counsel also appeared on behalf of various protestants. The commission found that it had no power to compel The East Ohio Gas Company to continue to furnish gas to The Ohio Fuel Supply Company for distribution in said villages and that it had no power to compel The East Ohio Gas Company to enter into a new contract of any kind with The Ohio Fuel Supply Company. The commission also found that The Ohio Fuel Supply Company was unable longer to secure gas for distribution to said villages. The commission further found that due notice of the time and place of hearing was given by publication, and otherwise, as required by law, and that the plant of The Ohio Fuel Supply Company had been operated in said villages for a period |