Benton v. Seattle Electric Co.

Citations

• 50 Wash. 156
• 96 P. 1033
• 1908 Wash. LEXIS 688

Syllabus

<p>Municipal Corporations — City Council. The “legislative authority” of a city, as used in the constitution and statutes of this state, means the mayor and city council. •</p> <p>Same — Charter—Amendments — Limitation by General Laws. The power to amend a city charter, under the direct amendment act, Laws 1903, p. 393, authorizing the submission of amendments to a vote of the people, is limited to the extent that amendments cannot be ádopted that override a general statute of the legislature which deals directly and specifically with the subject in question.</p> <p>Street Railroads — Franchise — Validity — Municipal Corporations — City Council- — Powers. Laws 1903, p. 364, vests in the legislative authority of the city, i. e., its mayor and council, the power of granting street railway franchises, and a franchise is valid without submission of the same to a vote of the people.</p> <p>Same — Amendments to Charter. The amendment to the Seattle city charter, art. 4, § 20, which required an ordinance granting a street railway franchise to be submitted to a vote of the people, is void, since the legislature by Laws 1903, p. 364, vested in the legislative authority of the city the power of granting street railway franchises; hence an ordinance granting a franchise without the restrictions imposed by such amendment is valid.</p>