City of Tacoma v. Boutelle

Citations

• 61 Wash. 434
• 112 P. 661
• 1911 Wash. LEXIS 1099

Syllabus

<p>Street Railroads — Regulation—Service—Reasonableness. An ordinance providing the frequency of street ear service does not change or destroy any specific or implied right granted in the company’s franchise merely because it is more specific than the general power therefor which was reserved in the initiating ordinances.</p> <p>Same — Burden of Proof. The burden of establishing that the-regulation of the frequency of street car service was so unreasonable as to be confiscatory is upon those asserting it.</p> <p>Same — Franchise—Service—Sufficiency. A street railway franchise providing that the city council might require the cars to-be run “sufficient round trips each day,” must be construed with-reference to the convenience of the public and the increase of population.</p> <p>Same —Service— Determination of Sufficiency —Legislative. Question. Where a street railway franchise provides that the city council might require the cars to be run “sufficient round trips each-day” the determination of what is sufficient is a legislative question,, subject to review by the courts as to the authority for and reasonableness of the act.</p> <p>Same — Franchise—Construction—Service. A provision in ai street railway franchise requiring cars to run two round trips a-day is an expression of the minimum service demanded of the then city, and not of an intention to not require more trips when the-growth of the city requires it.</p> <p>Same — Reasonableness. There is nothing inherent in an ordinance requiring a ten and five minute street car service during certain hours which would authorize a court to hold it unreasonable as-a matter of law.</p> <p>Constitutional Law — Impairing Obligation of Contract — Street Railway Franchise. An ordinance providing a reasonable frequency of street car service, does not impair the obligation of a franchise reserving the right to require the cars to make sufficient trips, or of a franchise prescribing a minimum service of two round! trips a day.</p>