Brown v. City of Cle Elum

On Rehearing.

This case was originally heard before-Department Two of this court, and the opinion written, appears in 143 Wash. 606, 255 Pac. 961, to which reference is made for the facts upon which the action is-based. That opinion contains the following statement::

“There looms in the horizon of this controversy a question of far-reaching importance; that is, as to whether or not the legislature can eonstitutionally- delegate to a city authority to exercise police power beyond its territorial limits and outside the boundaries of property it may own beyond its territorial limits, by the…