Adams v. City of Walla Walla
| Decision Date | 13 September 1938 |
| Docket Number | 27138. |
| Citation | 196 Wash. 268,82 P.2d 584 |
| Parties | ADAMS et al. v. CITY OF WALLA WALLA. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Walla Walla County; M. L. Driscoll Judge.
Action by Chester Adams and others against the City of Walla Walla Wash., a municipal corporation, for declaratory judgment respecting the validity of a municipal ordinance. From an adverse judgment, plaintiffs appeal.
Reversed and remanded, with instructions.
John C Hurspool, of Walla Walla, for appellants.
T. P. Gose, of Walla Walla, Harry L. Olson, of Yokima, J. H. Immel, of Toppenish, and Charles L. Powell, of Kennewick, for respondent.
Herbert Ringhoffer and Comeron Sherwood, both of Walla Walla, amici curiae, for Walla Walla Chamber of Commerce.
L. Presley Gill, Vanderveer & Bassett, and Houghton, Cluck & Coughlin, all of Seattle, amici curiae.
Appellants brought this action under the uniform declaratory judgments act, Rem.Rev.Stat. (Supp.) § 784-1 to § 784-17, chapter 113, Laws of 1935, p. 305, chapter 14, Laws of 1937, p. 39, to obtain a judgment respecting the validity of ordinance No. A-1081 of the city of Walla Walla. It relates to walking back and forth, loitering, or remaining upon the streets or sidewalks in front of any business establishment in Walla Walla. From a judgment adjudging the ordinance to be valid, this appeal is taken.
This ordinance, which was enacted by the city commission, on December 29, 1937, provides:
Appellant, Adams, is now and has been for many years a resident and taxpayer of Walla Walla; is the duly elected president of co-appellant, the Trades and Labor Council, which is a voluntary unincorporated association composed of all the trade unions in Walla Walla, organized for the purpose of promoting the welfare of all unions and their members; and is a member of one of the unions affiliated with that council.
In the complaint, appellants allege that it becomes necessary, in the event that a labor dispute arises between the members of the labor unions affiliated with the trades and labor council and their employers, to call strikes for the purpose of securing a proper and favorable settlement of such labor disputes; that in order to render such strikes effective it is necessary that the public be informed of the existence of such strike, of the parties interested therein and of the reason therefor; that persons patrol the place of business of employment; and that unless...
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...parties cannot stipulate that a justiciable controversy exists so as to clothe the court with jurisdiction. Adams v. City of Walla Walla , 196 Wash. 268, 271, 82 P.2d 584 (1938).¶93 To repeat, RCW 7.24.110 reads in part:[I]f the statute, ordinance or franchise is alleged to be unconstitutio......
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