State ex rel. Tacoma Railway & Power Co. v. Public Service Commission

Citations

• 101 Wash. 601
• 172 P. 890
• 1918 Wash. LEXIS 1242

Syllabus

<p>Street Railroads—Regulation by Public Service Commission— Appeal—Review. The findings of the public service commission upon hearing a contest over street railway rates must be taken as true on appeal, where the evidence is not brought up.</p> <p>Same—Regulation by Public Service Commission — Franchise Conditions-—-Abrogation—-Power oe Commission—Statutes. Under Rem. Code, § 8626-53 of the public service commission law, which provides that the public service commission may determine and regulate just and reasonable rates, facilities, and service where the same is unjust or unreasonable or the fares or charges insufficient to yield a reasonable compensation for the service rendered, and may fix the same by order, does not authorize the public service commission to relieve from or abrogate provisions of a street railway franchise imposed by the city prior to the adoption of the public service law, and requiring the company to pave between its tracks, contribute to the cost of bridges and pay a -percentage of 'its gross receipts, and carry city employees free, under Rem. Code, § 7507, vesting the city with the whole of the state’s police power as to the use and control of its streets; notwithstanding the commission finds that the service is inadequate and the income of the company not sufficient to.pay a reasonable return on the property devoted to the public use; since the public service commission law does not expressly or by necessary implication confer power to deal with the question of franchises or to modify conditions previously imposed, and such intention is not indicated by the language of the act, or the history of the legislation, which shows a rejection of a proposed law granting such power.</p> <p>Carriers — Street Car Fare — Regulation by Public Service Commission—Statutes. Under the public service commission law, which provides (Rem. Code, § 8626-9) that fares shall be just, fair, reasonable and sufficient, and that every common carrier shall provide “