Washington State Highway Commission v. Pacific Northwest Bell Telephone Co.

367 P.2d 605, 59 Wash. 2d 216, 1961 Wash. LEXIS 495
CourtWashington Supreme Court
DecidedDecember 21, 1961
Docket36151
StatusPublished
Cited by43 cases

This text of 367 P.2d 605 (Washington State Highway Commission v. Pacific Northwest Bell Telephone Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington State Highway Commission v. Pacific Northwest Bell Telephone Co., 367 P.2d 605, 59 Wash. 2d 216, 1961 Wash. LEXIS 495 (Wash. 1961).

Opinions

Ott, J.

Franchises to permit the construction of utility facilities on the right of way of secondary state highway No. 5-A were gratuitously granted by the Washington State Highway Commission to Pacific Telephone and Telegraph Company (now Pacific Northwest Bell Telephone Company), Puget Sound Power and Light Company, and King County Water District No. 75. The franchises provided, inter alia, that the donees would move their facilities at their expense “Whenever necessary for the construction, repair, improvement, alteration or relocation of” the highway.

Pursuant to the Federal-Aid Highway Act of 1956, as amended, primary state highway No. 1 has been designated as a part of the interstate highway defense system. The state highway commission, in compliance with federal and state policy, adopted resolution No. 896, which provides in part:

“Public and private utility facilities shall not be permitted to occupy the right of way of the national system of interstate and defense highways within this state except as authorized by this resolution.”

The plan for construction of the interstate highway requires the removal of the utility facilities where the interstate highway intersects secondary state highway No. 5-A at Midway. March 7, 1960, the Director of Highways requested the three donees to remove and relocate their facilities.

[219]*219Laws of 1959, chapter 330, § 2, p. 1629, RCW 47.44.030, provides in part:

“. . . Provided, That notwithstanding any contrary provision of law or of any existing or future franchise held by a public utility, the state highway commission shall pay or reimburse the owner for relocation or removal of any publicly, privately or cooperatively owned public utility facilities when necessitated by the construction, reconstruction, relocation or improvement of a highway which is part of the national system of interstate and defense highways for each item of cost for which the state shall be entitled to be reimbursed by the United States in an amount equal 'to at least ninety percent thereof under the provisions of section 123, Federal Aid Highway Act of 1958, and any other subsequent act of congress under which the state shall be entitled to be reimbursed by the United States in an amount equal to at least ninety percent of the cost of relocation of utility facilities on said national system of interstate and defense highways.”

A dispute arose between the donees and the state highway commission as to who should pay the $73,341.72 relocation cost.

The state highway commission and the Director of Highways instituted a declaratory judgment action in King County against each of the donees, contending that chapter 330, Laws of 1959, was unconstitutional, and that the removal and relocation expense should be paid by the donees. The actions were consolidated and tried upon an agreed statement of facts substantially as above set forth.

From the judgments declaring the act to be constitutional, and decreeing that the utility facilities be removed and relocated at state expense, the Washington State Highway Commission and the Director of Highways have appealed.

Appellants contend that payment of the removal and relocation cost from the motor vehicle fund is not an expenditure “exclusively for highway purposes,” and, hence, is violative of amendment 18 of the state constitution which provides:

“All fees collected by the State of Washington as license fees for motor vehicles and all excise taxes collected by the State of Washington on the sale, distribution or use of motor [220]*220vehicle fuel and all other state revenue intended to be used for highway purposes, shall be paid into the state treasury and placed in a special fund to be used exclusively for highway purposes. Such highway purposes shall be construed to include the following:
“(a) The necessary operating, engineering and legal expenses connected with the administration of public highways, county roads and city streets;
“(b) The construction, reconstruction, maintenance, repair, and betterment of public highways, county roads, bridges and city streets; including the cost and expense of (1) acquisition of rights-of-way, (2) installing, maintaining and operating traffic signs and signal lights, (3) policing by the state of public highways, (4) operation of movable span bridges, (5) operation of ferries which are a part of any public highway, county road, or city street;
“(c) The payment or refunding of any obligation of the State of Washington, or any political subdivision thereof, for which any of the revenues described in section 1 may have been legally pledged prior to the effective date of this act;
“(d) Refunds authorized by law for taxes paid on motor vehicle fuels;
“ (e) The cost of collection of any revenues described in this section:

“Provided, That this section shall not be construed to include revenue from general or special taxes or excises not levied primarily for highway purposes, or apply to vehicle operator’s license fees or any excise tax imposed on motor vehicles or the use thereof in lieu of a property tax thereon, or fees for certificates of ownership of motor vehicles.”

We are here concerned with the meaning and scope of the phrase, “exclusively for highway purposes.” Rules of construction require that words in the constitution be given their usual, ordinary, and nontechnical meaning. Automobile Club of Washington v. Seattle, 55 Wn. (2d) 161, 167, 346 P. (2d) 695 (1959); Parkhurst v. Everett, 51 Wn. (2d) 292, 294, 318 P. (2d) 327 (1957), and cases cited.

The word “exclusive,” according to Webster’s New International Dictionary (2d ed.), means:

“1. Excluding or having power to exclude, . . . de[221]*221bar from possession, participation, or use, etc.; . . . limiting or limited to possession, control, or use . . .
“4. Single; sole; . . . also, singly devoted; ...”

Since the adoption of the Eighteenth Amendment, this court has on two occasions construed the meaning and scope of the words, “exclusively for highway purposes.”

In State ex rel. Bugge v. Martin, 38 Wn. (2d) 834, 232 P. (2d) 833 (1951), the court held that the motor vehicle fund could be used to retire the bonds of the Agate Pass bridge, stating [p. 840]:

“. . . Inasmuch as the Agate pass bridge is being acquired to become a part of the state highway system, and money from the motor vehicle fund has been invested in bonds issued to provide funds for the construction of the bridge, bonds issued pursuant to the act are for highway purposes, and their issuance and sale does not offend amendment 18.”

In Automobile Club of Washington v. Seattle, supra, the question was: Does the phrase “exclusively for highway purposes” permit the use of the motor vehicle fund to satisfy a tort judgment arising from negligent operation of a movable span bridge on a city street, which was part of the state highway system? In the cited case, we held that the payment of a tort judgment was not a highway purpose and stated [pp. 167, 168]:

“. . .

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Bluebook (online)
367 P.2d 605, 59 Wash. 2d 216, 1961 Wash. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-state-highway-commission-v-pacific-northwest-bell-telephone-co-wash-1961.