Yelton & McLaughlin v. Department of Public Works

— This appeal is to determine which of two applicants, as a matter of law, is entitled to a certificate of public convenience and necessity, under the provisions of § 4, ch. Ill, Laws of 1921, p. 338; Rem. Comp. Stat., § 6387.

Prior to 1921, appellants were operating a stage line with motor propelled vehicles from Bellingham to Glacier, and tributary territory east of Glacier. Glacier is forty miles east of Bellingham. A poorly constructed road extended to the Washington forest re serve beyond Glacier, some seven miles, to a point known as the power plant.

In 1920, the Federal government and…