State ex rel. Raymond Light & Water Co. v. Public Service Commission

Citations

• 83 Wash. 130
• 145 P. 215
• 1915 Wash. LEXIS 679

Syllabus

<p>Waters and Water Courses — Water Companies — Regulation— Rates — Contracts—Power oe Commission. Agreements made by a water company, in acquiring all the water supply of mill companies without reservation, to furnish the mill companies with water for a stated period, free or at reduced rates, are not either void or voidable under the terms of the public utilities act, subsequently enacted, 3 Rem. & Bal. Code, § 8626-1 et seq., prohibiting preferences and discrimination between patrons, in view of the proviso that nothing in the act shall prevent any water company from continuing to furnish its product or service under any contract in force at the date this act takes effect, thereby excepting such prior contracts; and § 8626-34 of the act authorizing the commission, in its discretion, to direct by order that such contracts shall be terminated by the company, as and when directed by such order, does not authorize the commission to terminate the contracts, but only authorizes a termination of such contracts, if legal, by the consent of the parties or such legal proceedings by the company as may be proper.</p> <p>Same — Regulation—Legal Contracts — Jurisdiction—Orders oe Commission. Upon an application by a city alleging unreasonable and excessive rates and inadequate service by a water company, which had obligated itself, in the acquisition of its water supply, to furnish free water to the owners of the water, the public service commission has jurisdiction to determine the issues presented between the city and the water company as to the reasonableness of rates and adequacy of service; and under its discretionary power to order the termination of any such contract for free water, its order to that effect will be construed as a direction to the water company to take steps to terminate such contracts, if the contracts were legal and binding.</p> <p>Same — Regulation—Contracts — Termination —' Discretion of Commission. Since, by Rem. & Bal. Code, § 8626-34, it is discre