Local Telephone Co. v. Cranberry Mutual Telephone Co.

Citations

• 102 Ohio St. (N.S.) 524

Syllabus

<p>Constitutional law — Public utilities commission — Section 614-52, General Code — Telephone companies — Certificate of public conveniettce — Municipal corporations — Contractual rights or powers — Section 4, Article XVIII, Constitution.</p> <p>1. Section 614-52, General Code, making it necessary for a telephone company, as a condition precedent to the exercise of any permit, right, license or franchise to operate a telephone plant for the furnishing of telephone service in a municipality or locality, where there is in operation a telephone company furnishing adequate service, to secure from the public utilities commission a certificate of public convenience, does not limit or abridge the right or power of a municipality to contract for product or service under Section 4, Article XVIII, of the Constitution of Ohio, as amended in 1912.</p> <p>2. Such a requirement in a statute goes to the capacity of the telephone company, as a contractual party, to enthr into and perform a contract for product or service, but in no wise affects the power guaranteed to the municipality under that amendment, and is not unconstitutional.</p>