State ex rel. Ellertsen v. Home Telephone & Telegraph Co.

Citations

• 102 Wash. 196
• 172 P. 899
• 1918 Wash. LEXIS 920

Syllabus

<p>Telegraphs and Telephones — Franchises — Power to Grant — Statutes. Rem. Code, § 9314, which gives a telephone company the right to maintain lines along any public road, provided that, where the right of way is in an incorporated city, the “consent” of the city council shall be first obtained, does not prevent a city from granting a franchise controlling the rates that may be charged.</p> <p>Same. A city of the first class has power to grant a telephone franchise for the use of the city’s streets and alleys, with limitations on the rates that may be charged, under Rem. Code, § 7507, subd. 7, empowering first-class cities to regulate and control the use of streets and alleys and to authorize or prohibit the use of electricity at, in or upon them, and to prescribe the terms and conditions upon which the same may be used and to regulate the use thereof.</p> <p>Same—Franchise—Power to Grant—Statutes-—-Implied Repeal. Rem. Code, §7507, subd. 7, empowering cities of the first class to grant telephone franchises for the use of its streets and alleys, was not impliedly repealed by the enactment of the general telephone franchise act of 1890, Id., § 9300 et seq.</p> <p>Same—Franchises—Conditions. A telephone franchise ordinance limiting the amount of the rates or charges is a contract obligation, binding until abrogated by the state in the exercise of its police power; and the company having accepted and agreed upon the terms cannot complain thereof until relieved by the public service commission.</p> <p>Same—Conditions—Relief—Filing Schedule of Rates. In such a case, a franchise limiting one-party residence rates to $2 is not affected by the company’s filing with the public service commission a schedule raising the rate to $3, where there was no compliance with Rem. Code, § 8626-43, requiring affirmative action by the public service commission directing the termination of contracts in order to relieve the company from its contractual obligations to users of its service.<