State Ex Rel. Puget Sound Navigation Co. v. Department of Public Works

(dissenting) — On the former appeal (Puget Sound Navigation Co. v. Department of Public Works, 156 Wash. 377, 287 Pac. 52), the judgment was reversed and the cause remanded for rehearing by the department on the question of whether the Ballard-Ludlow Ferry Company was seeking a certificate to operate a ferry in territory already served.

The steamboat certificate statute (ch. 248, Laws 1927) provides that

“ . . . the department shall not have power to grant a certificate to operate between districts and/or into any territory already served. . . . ”

In protecting from competition an established…