110 Wash. 130 | Wash. | 1920
— The relators, cities of Seattle and Tacoma, seek reversal of a judgment rendered by the
In July, 1918, the Postmaster General of the United States, by authority of resolution of Congress and proclamation of the President, in the exercise of the war powers of the government, took possession and assumed control and supervision of all the telephone and telegraph systems in the United States, including that of respondent, Pacific Telephone & Telegraph Company, in this state. This control and supervision by the Postmaster General continued until July, 1919. While the telephone and telegraph system of respondent Pacific Telephone & Telegraph Company was so under the control and supervision of the Postmaster General, the public service commission of this state held a hearing and assumed to make an order approving and making effective a tariff of rates to be charged in this state by respondent Pacific Telephone & Telegraph Company. The record before us is not very satisfactory as to the capacity in which the public service commission of this state acted in approving and making effective the tariff of rates in question— that is, as to whether or not the commission was assuming to. act by virtue of its authority under the laws of this state, or was acting merely in an advisory capacity for the Postmaster General, to the end that he might be advised as to what the charges for services rendered by the system belonging to the respondent
“"Wherefore, It Is Ordered that each and all protests to the Postmaster General’s Tariff W. P. S. C. No. 2 of the Pacific Telephone & Telegraph Company be, and the same are hereby overruled; and
“It Is Further Ordered that the Postmaster General’s Tariff W. P. S. C. No. 2 of the Pacific Telephone & Telegraph Company shall become effective as of date December 6th, 1918; and
“It Is Further Ordered that all contracts in conflict with the rates provided for in Postmaster General’s Tariff W. P. S. C. No. 2 of the Pacific Telephone & Telegraph Company be terminated.
“Witness the Public Service Commission of Washington, this 13th day of February, 1919.
“The Public Service Commission of Washington.
“By E. F. Blaine, Chairman,
“A. A. Lewis, Commissioner,
Attest: “Frank R. Spinning, Commissioner.”
“ J. H. Brown,
“Secretary.”
Thereafter, on February. 20, 1919, the commission made its further supplemental order, making its order of February 13th effectual on March 1,1919.
Thereafter the relators caused the proceedings had before the public service commission to be removed by writ of review to the superior court for Thurston county, under the provisions of § 8626-86, Rem. Code, Laws of 1911, page 596, § 86. A hearing was had in that court, wherein the anulling of the commission’s orders was sought by the cities upon the ground,
Counsel for respondents have not favored us with any brief upon the merits of the controversy, but have been content with moving to dismiss the appeal taken to this court from the judgment of the superior court, upon the sole ground that the controversy has ceased, proceeding upon the theory that the controversy has ceased because the telephone and telegraph system of respondent Telephone & Telegraph Company is no longer in the possession and control of the postmaster general, but has been returned to private ownership, and that there is, therefore, no longer any other than a moot question as to the jurisdiction of the public service commission in making the orders in question.
The decisions by the Supreme Court of the United States in: Northern Pac. R. Co. v. North Dakota ex rel. Langer, 250 U. S. 135; Dakota Central Telephone Co. v. South Dakota ex rel. Payne, 250 U. S. 163; State of Kansas v. Burleson, 250 U. S. 188, and Macleod v. New England Telephone & Telegraph Co., 250 U. S. 195, all rendered June 2, 1919, render it plain that, during the period of possession, control and supervision of the telephone and telegraph systems by the Postmaster General in behalf of the government, in
The judgment of the superior court affirming the orders of the state public service commission of February 13th and 20th, 1919, is reversed, and the orders themselves are annulled and set aside.
Holcomb, C. J., Main, Mitchell, and Mackintosh, JJ., concur.