City of Spokane v. Carlson

The defendant was convicted in justice court of violation of Spokane City Ordinance No. C 13451,1 under the provisions of which the city reserved to itself the exclusive right to collect garbage and refuse in the city. He *78appealed to the superior court, which set the conviction aside, holding that the ordinance was unconstitutional insofar as it included within its definition of garbage the inorganic refuse picked up and hauled by the defendant. The city has appealed.

The evidence showed that the defendant obtained a permit from the Washington Public Service Commission (now the Washington…