Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-11-14
EDITOR


sion plan have not made this mistake. Califor'
mia, whose commission law was drawn after d
thorough and expert study of every other exist
ing body Of the kind, has given is board pie
nary powers Under certain strict conditions
a writ of review may be secured, and tie su-
prime court may review any appeal FROM the
commission order This review, however, may
not be. extended further than to determine
whether the commission has regularly pursued
its authority, including determination of
whether the order or decision violates any right
Of the petitioner under the constitution Of the
United States or Of the state. The commissions
findings on questions Of fact are final and not
subject to review and it is to be carefully noted
that such questions Of fact specifically include
the findings Of the committee on reasonabieness
and Discrimination. In other words, the public
service corporation cannot secure reyersion Of
the commissions ruling on allegations that the
ruling II unreasonable or shows discrimination
Plastic courts cannot be used by corrupt Big
Business to overthrow Tie expert conclusions Of
tho utilities commission Some states have re-.
stricted the courts power to q determination as
to whether an order, ii carried out, viii result
IN what Is known in legal terIninology as con.
fiscation Of property Thus, If q commission is
sues an order for certain set Of freight or pas
|senger Tariffs, the court may Judge only whetl-
er 4 The order becomes effective ii win result
IN irreparable loss, and specific evidence to show
that II Will 50 result must be brought forward.
The whole question Of commission powers
needs thorough fhrashing'out here III Hawaii,
where the utilities commission idea Is almost
unknown, where considerable antakonisnl is
likely to be shown to any bin that collfe1s bro,
authority over lc0fp0 fions of tile territory.
Publicity on thesubject Is badly needed, and the
fern Of the bin to be sent to the legislature
should be known as early as possible to allow
Of adequate discussion
Mr. Calf brings up another point which will
prpbably settle itself ia practical workings
|of the coml6issi6ii pialI. he succests that the
commissioners should give their whole time to
the work. Upon this point the Star. Bulletin Is
inclined TO feel doubtful. The number Of public
serFiee corporations falling under the commits.
sion's Jurisdiction will be comparatively few,
and rates, once established on an equitable basis
in the few cases where perhaps they are not now
equitable, will not change rapidly. We doubt If
after the first few months there would be need
fer board to devote its entire time to the score
or 50 Of public service corporations doing bust.
ness ii this territory statistician will prob
ably be needed all the time, but certainly the
territofy does not wish to pay high salaries for
experts unless they are earning their money
every hour Of the day.
However, this point win settle itself when
the bill is drawn and the powers and duties of
the commissioners are fixed. Meanwhile the
general subject is pressing The Star Bulletin
believes that the establishment of this commits
sion will be one Of the most important actions
of the legislature Of 1913 and this paper Invites
full discussion On the subject and will be- glad
to extend the use Of its columns to interested
citizens for the purpose Of setting forth their
views
It is noticeable that the correspondents in
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