DISSENTING OPINION
GREENHILL, Justice.As I understand the record in this case, no waste of oil or gas or protection of correlative rights are involved. No other producer is taking gas from the particular strata involved. While I could agree that the gas well was “in the same field” with other nearby wells producing from different horizons, I am unable to find any statu*313tory authority authorizing the Railroad Commission to fix the price of gas where the producer and the pipeline company cannot agree upon a price.
Where oil is involved, there is frequently a posted price for the oil in the field; and it is not unreasonable to require the pipeline company to take the oil from the same field at the uniform “posted price.” So far as I know, however, there is no posted price for gas, and the price to be paid for gas has been the subject of private contract.
Perhaps it is desirable for the Commission to have this power; and perhaps it would be desirable for the Texas Railroad Commission to have the power to deal with these intrastate matters as the Interstate Commerce Commission has in interstate transactions.' But the Railroad Commission has those powers delegated to it by the Legislature. In my opinion, the Legislature has not provided for .the fixing of gas prices by the Commission under the circumstances here present, and has not authorized the Commission to compel the gas company to take the gas at the price fixed by it.