State ex rel. Webster v. Superior Court

Citations

• 67 Wash. 37
• 120 P. 861
• 1912 Wash. LEXIS 1118

Syllabus

<p>Prohibition — -To Courts — When Lies — Adequacy oe Remedy by Appeal. The remedy by appeal is inadequate, and prohibition lies to prohibit the superior court from enjoining compliance with an order of the public service commission, where the relator is subject to the penalties for disobedience to the orders of court, on the one hand, and of the order of the commission, if lawfully made, on the other, and in a position of extreme uncertainty.</p> <p>Constitutional Law — Poeíce Power — Authority to Fix Telephone Rates. It is within the police powers of the state to regulate telegraph and telephone rates by surrendering the control to a properly constituted commission, subject to judicial review, under art. 12 of the Const., providing for the organization of corporations and declaring telegraph and telephone companies to be common carriers subject to legislative control.</p> <p>Municipal Corporations — Application oe General Laws — Constitutional Law — Legislative Powers — Delegation to Municipal Corporations — Restrictions — Special Charters — Telephone Companies — Franchise—Rates—Control. Const., art. 11, § 10, authorizing the adoption of charters by cities of the first class, which provides that the same shall be “subject to and controlled by general laws,” and Id., § 11, which authorizes a city to make police regulations not in conflict with general laws, are to be construed as a reservation of a general legislative power in the state; so that a franchise granted by a city to a telegraph company under authority of a special city charter is subject to such reservation, and may be controlled or modified by subsequent acts of the legislature.</p> <p>Statutes — General Laws — Construction. The public utilities act of 1911, p. 538, providing for a public service commission with power to establish reasonable rates and charges .for public service corporations, is a “general law,” within Const., art. 11, § 10, authorizing the adoption of special charters by cities subjec