State v. Western Union Telegraph Co.

The first question to be considered is whether the action, which it is alleged that Western Union proposes to take with regard to its service in these communities, can be taken without first securing the approval of the commission. The answer to this question depends upon an analysis of the allegations of the pleadings and the terms of Sections 504-2 and 504-3, General Code.

So far as material to a consideration of the questions involved in this case, those sections read as follows :

“Section 504-2. * * * no public utility * * * furnishing service or facilities within the state of Ohio, shall…