Old Colony Trust Co. v. City of Tacoma

(after stating the facts as above). [1] In the case before the state Supreme Court there were three principal’ questions: First, whether the condition of the ordinance that the Railway & Power Company should not furnish electricity for lighting purposes was a valid one — that is to say, whether.the city had the power so to limit the franchise; second, whether the provision so limiting the franchise was abrogated by tire Public Service Commission Law (Laws 1911, p. 543); and, third, whether the refusal of the Railway & Power Company to discontinue furnishing power to the Northern Pacific Railroad Company for lighting purposes warranted a judgment of ^forfeiture. The answers to the first two of these questions depended upon the construction of state statutes, and the decision of the Supreme Court of the state thereon is conclusive upon a federal court.

[2] While the third question did not depend upon the construction of a state statute, it involved the application of principles of law to local conditions, and the ruling of the state court should be controlling in a federal court. Blaylock v. Incorporated Town of Muskogee, 117 Fed. 125 , 54 C. C. A. 639 ; Claiborne County v. Brooks,…