Tacoma Gas & Electric Light Co. v. City of Tacoma

Citations

• 14 Wash. 288
• 44 P. 655
• 1896 Wash. LEXIS 361

Syllabus

<p>MUNICIPAL CORPORATIONS — POWER TO REGULATE PRICE OP LIGHT.</p> <p>A delegation of powers will not be presumed in favor of a municipal corporation, but must be clearly conferred by express statutory enactment, unless they be such as are necessary to its corporate existence.</p> <p>The provision in the charter of a city of the first class authorizing the enactment of ordinances fixing the price of gas to be furnished to the city and its inhabitants is of no force or effect, when the only power granted the city in that respect is contained in Laws 1889-90, p. 215, § 5, subd. 15, authorizing such cities to provide for lighting the streets and furnishing the inhabitants with gas or other light, “ and to regulate and control the use thereof.”</p> <p>A city cannot adopt a charter empowering it to fix the price of gas to be furnished its inhabitants, under a'constitutional provision (art. 11, §10) authorizing cities of a specified population to frame charters for their own government, consistent with and subject to the constitution and laws, where a general law authorizes such cities to regulate and control the use of gas, but contains no provision as to price.</p>