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Mr* Reinhardt 5* December 4» If51 for Ita contracts with the '••?'a ter Company because we have never admitted that the Railroad Company sold water to ' theifrater Company* The '%ater Company rather than the Railroad Company has always filed applications to appro­priate the water developed by well# upon the Railroad lands, and the successive contracts between the Railroad Company and the atar Company have always been drawn up­on the theory that the Railroad Company was merely acting as a contractor for the water Company in producing the wa­ter which the ater Company had appropriated and that the Railroad Company was merely leasing to the rater Company the use of Its reservoirs and transmission mains for the water taken by the Weber Company* I think it is entire­ly possible if the matter were litigated that a court or commission might decide that the Railroad Company in ef­fect was selling water at wholesale to the /ater Company. There is conflict in the decisions with respect to whether a wholesaler of a product distributed by if publio service corporation is itself acting as a public utility*. Under the facts of particular cases wholesalers have in some instances been held not to be public utilities. How­ever there are a number of decisions holding directly to the contrary. In the case of ^couackanonk ?e.ter Go* v» Board of ?Publlo Utility Commls3ionera rMew''’l'ar3eV]. f t 1,.il#"a tX. 535, was herd' "that' 'a company which sold water at-wholesale to other water distribution companies was nevertheless a publio utility subject to rate regulation by the Board of Public Utility Commissioners. In the case of Orndoff v* Public Utilities Commission (OhioV* '21 H. h. 2cT 534,.a produder'bf^hatvirs 1 "gas wKo sold gas to a gas company which as a utility distributed gas to consumers was held to be a public utility and required to make a report to the Public Utilities Commission. In the case of south Oklahoma Power Company v« Corporation Commlaalon ’(die la- Soma)", 22C W c V 3?0, it was heli that a corporation gen­erating electric power and selling it at the switchboard of ita plant to a distributing company which distributed it to the public was.itself a public utility and required to file annual reports with the state Corporation Commis­sion* In the -case of Gal Latin Matural gag ill v* Public f-arviee Commlsalon (Mon€ahay,r~r256 Fee." ^75Vrnit w a 3 ’held"'-