State ex rel. Goss v. Metaline Falls Light & Water Co.

Citations

• 80 Wash. 652
• 141 P. 1142
• 1914 Wash. LEXIS 1347

Syllabus

<p>Mandamus—Proceedings-—Default. Under Rem. & Bal. Code, § 1017, a writ of mandamus cannot be granted by default, but the case must be heard by the court whether the adverse party appears or not.</p> <p>Waters and Water Courses—Water Companies — Rates — Discrimination—Public Service Commission—Jurisdiction. The public service commission is invested with exclusive jurisdiction, under the public utilities act (3 Rem. & Bal. Code, § 8626-1 et seq.), to pass upon and determine the question of a discrimination of rates charged by a water company.</p> <p>Waters and Water Courses—Water Companies-—Rates — Discrimination—Complaint. A consumer, discriminated against by a water company in the matter of rates charged for water, has authority to file a complaint with the public service commission, under § 80 of the public utilities act, 3 Rem. & Bal. Code, § 8626-80, providing that “complaint may be made ... by any person ... in writing, setting forth any act or thing done or omitted to be done by any public service corporation,” etc.; notwithstanding the proviso in § 80 that “no complaint shall be entertained by the commission except upon its own motion, as to the reasonableness of the schedule of the rates or charges of any . . . water company, . . ., unless the same he signed by the mayor, council or commission of the city or town in which the company complained of is engaged in business, or not less than twenty-five consumers or purchasers of such . . . water” etc., the proviso pertaining only to complaints affecting the reasonableness of the schedule of rates or charges of a public service corporation, and not abridging the authority of an individual to complain of a discrimination in rates.</p> <p>Same. The party discriminated against, must, in any event, before resort to the courts, ask the public service commission itself to file the complaint, or apply to the city authorities to do so, or endeavor to induce other consumers to join in filing the complaint.</p>