Salt Creek Transp. Co. v. Public Service Commission, 1474

• Court: United States State Supreme Court of Wyoming
• Citation: 263 P. 621,37 Wyo. 488
• Docket Number: 1474
• Parties: SALT CREEK TRANSP. CO. v. PUBLIC SERVICE COMMISSION [*]
• Decision Date: 31 January 1928

263 P. 621

37 Wyo. 488

SALT CREEK TRANSP. CO.
v.
PUBLIC SERVICE COMMISSION ^[*]

No. 1474

Supreme Court of Wyoming

January 31, 1928

RESERVED case from District Court, Laramie County; WILLIAM A. RINER, Judge.

Proceeding by the Salt Creek Transportation Company against the Public Service Commission of Wyoming. On reserved questions from the District Court. Questions answered in part.

Curran & Cobb, for plaintiff.

The questions are submitted to test the validity of Chap. 98, Laws 1927; the State has power to regulate public utilities, Pond on Pub. Util. (3rd ed.) Secs. 705-711; denial of certificate is proper unless necessity be shown, Pond Pub. Util. Secs. 780-783; plaintiff's rights vested under a former statute, Chap. 351 C. S. 1921, its repeal did not abrogate his rights, Co. v. Kennedy, Ann. Cas. 1915-D p. 56; necessity does not mean indispensability, Chicago Ry. Co. v. State, 258 P. 874; Chap. 98 Laws 1927 is unconstitutional as to all operators; its regulatory provisions cannot be separated, Goldsworthy v. Comm., (Md.) 119 A. 693; West v. Dairy, (Md.) 135 A. 136; Purple Truck Co. v. Campbell, 250 P. 213; 36 Cyc. 1155. The rule that construction placed upon the same statute by a sister state is subject to many exceptions, C. B. & Q. R. R. Co. v. Krauss, 16 F.2d 82; Coulan v. Doull, 133 U.S. 193; 250 P. 214; Comm. v. Duke, 69 L.Ed. 207. Property used exclusively for private business cannot be converted into a public utility, Frost v. R. R. Comm'n., 70 L.Ed. 1101; the statute is inoperative against this plaintiff.

W. O. Wilson, Attorney General, James A. Greenwood, Deputy Attorney General, and F. Chatterton, for defendant.

The purpose of statutes of this class is for the protection of the public, the utility itself, and the upkeep of roads; the construction of Chap. 98, Laws 1920, as amended by Chap. 150, Laws 1925, should be considered in connection therewith, the new Act referring to the old; 36 Cyc. 1137; a statute intended to provide for the safety of a community should be sustained, City v. West, (N. Y.) 53 L.R.A. 548; City v. Cutberlett, L.R.A. 1915-D 209. The Act relates to intrastate business and is a reasonable regulation, Clark v. Poor, 47 S.Ct. 702; 36 A. L. R. 1110; Co. v. Derr, 228 P. 624; Vandalia v. McNeely, (U.S.) 71 L.Ed. 863. The statute is a police regulation, Stickney v. Co., 200 U.S. 527; it is a general law, McGarvey v. Swan, 17 Wyo. 120; it is similar to the regulation of the use of water in the interests of the public, Co. v. Carpenter, 9 Wyo. 110; Ryan v. State, 13 Wyo. 122; Hamp v. State, 19 Wyo. 377; Land Co. v. Canal Co., 218 U.S. 371; plaintiff has no indefeasible right to maintain its business on a public highway, Ex Parte Dicky, 85 S.E. 781; Com. v. Kinsbury, 199 Mass. 542; highways are within the control of the state, Hadfield v. Lundin, 98 Wash. 657; Memphis Co. v. Co., (Tenn.) L.R.A. 1916-B 1143; LeBlanc v. New Orleans, 138 La. 243; Clark v. Poor, 47 S. C. R. 702; Morris v. Duby, 47 S.Ct. 548; Hendrick v. Maryland, 235 U.S. 610; Kane v. New Jersey, 242 U.S. 160. The title of the Act is sufficient, In Re Judicial Dist., 4 Wyo. 133; In Re Boulter, 5 Wyo. 329; Comm'rs. v. State, 7 Wyo. 280; Co. v. Carpenter, supra; Koppals v. State, 15 Wyo. 398. The license fee is in exercise of police regulation, Standard Co. v. Troy, L.R.A. 1918-C 522, and cases cited; innumerable minor portions may be included under a general title, State v. Co., 156 P. 837; the police power of the state is supreme, Art. X, Sec. 2 Const.; it embraces regulations to promote public convenience, welfare and prosperity, R. R. Co. v. Transbarger, 238 U.S. 67; C. B. & Q. Ry. v. Drainage Com., 200 U.S. 561; the enforcement of uncompensated obedience to laws established under police power is not unconstitutional, C. B. & Q. R. R. Co. v. Chicago, 166 U.S. 226; Bank v. Haskel, 219 U.S. 104; Ex parte Tindall, (Okla.) 229 P. 125; License Cases, 5 How. 583. It is not a tax statute, regulation being its prime purpose, Cooley on Taxation, Sec. 1784; Brewster v. Ross, 166 P. 505; Davis v. Hailey, 143 Tenn. 247; State v. Foster, 50 L.R.A. 339; Ex parte Holt, 178 P. 260; City v. French, 169 Ky. 174. It is not a violation of the Fourteenth Amendment, Scovel v. Detroit, 146 Mich. 93; R. R. Co. v. Schoenfeldt, (Wash.) 213 P. 26; Packard v. Banton, 264 U.S. 140; Producers Co. v. R. R. Com., 251 U.S. 228; German Alliance Ins. Co. v. Lewis, 233 U.S. 389; Marcus Co. v. Feldman, 256 U.S. 170; Hendrick v. Maryland, 235 U.S. 610. The Fifth Amendment does not apply to powers of the state, State v. Co., 156 P. 837; it is not a violation of the due process law, Bass v. City, 28 Wyo. 387; State v. Ross, 31 Wyo. 500; Comm. v. Co., 104 So. 538; Ohio Co. v. Borough, 253 U.S. 287; the Commission has authority to fix rates, Co. v. Nebraska, 41 L.R.A. 481; State v. Comm., 272 S.W. 971; Thompson Corporations (2nd ed.) Vol. 3, Sec. 2954; Walker v. Whitehead, 83 U.S. 314; Law v. R. R. Com., (Calif.) 195 P. 423. The state may require carriers to protect their patrons by insurance, Nashville Co. v. Ala., 128 U.S. 96; Western Union v. Jones, 162 U.S. 650; People v. Pittsburg R. R. Co., 244 Ill. 166; Siegal Co. v. Colby, 176 Ill. 210. The Oregon case of Purple Truck Co. v. Campbell, cited by defendant is not in point. Private carriers are subject to regulation, LeBlanc v. New Orleans, 138 La. 243; Davis v. People, (Colo.) 247 P. 801; State v. Sherman, 18 Wyo. 169. Contract rights from the state may be modified under police power, R. R. Co. v. Goldsboro, 232 U.S. 548; Co. v. Corp., 248 U.S. 372; Levy Co. v. Siegel, 258 U.S. 242; that some of the contracts were entered into before the statute was adopted is not material, Producers Co. v. R. R. Co., 40 S.Ct. 131, nor does the contract clause of the Constitution limit the state's police power, R. R. Co. v. Iowa, 94 U.S. 155; R. R. Co. v. Mottley, 219 U.S. 467.

BLUME, Chief Justice. KIMBALL and RINER, JJ., concur.

OPINION

[37 Wyo. 492] BLUME, Chief Justice.

This cause was submitted to the lower court upon an agreed statement of facts, with a request that certain constitutional questions be submitted to this court for answer. The record discloses the following facts: The plaintiff, Salt Creek Transportation Company, is a corporation organized under the laws of the State of Wyoming and is authorized to engage, as a common carrier, in the business of transporting...