The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-09-01
Protest Taken Up At Special
Meeting Of Utilities Board But
Hearing Continued
REVISED SCHEDULE WILL
BE IN EFFECT TOMORROW
Right Of Commission To Delay
Enforcement Of Tariff Is Cues
toned By Counsel

r.l
Opposition to the proposed new
schedule of freight and passenger rate
which is to be put into effect on Sep
tember by the Inter. Island Steam
Navigation Company developed at Q
special meeting of the Public Utilitie,
Commission called yesterday in re
Spouse TO letter of protest received
from Olfred @. Carter, trustee of the
Parker Estate and representing the
Parker Ranch, heavy shippers of meat
from the Island Of Hawaii.
The Communication was presented to
the commission through the law firm of
Holmes 4 Olson, and Attorney Clar
enee n. Olson was present in person to
urge the claims of the firms client. No
action was taken on the matter by the
commission, however, because of the
absence of Chairman Forbes, who is
confined to The Queen . Hospital suf.
\ fering with tonsilitis and appendicitis.
The meeting was continued until today
NJ one o'elock, when an effort will be
made to obtain Forbes view on the
matter, provided his condition will per
init of an interview.
Shippers Need More Time
Attorney Olson objected to the gen
eral rates being put into operation at
the time advertised by the stes mship
company, and declared that shippers
should have had more time to enter
ccmplaints or objection. He was of
the opinion that sun1cient notice had
not been provided, but that the steam.
ship company had arbitrarily Boosted
the rates without giving due considera,
tionto heavy shippers.
tOnee these new rates are effec-
tive" he said, cit will be utmost i'm,
possible to have them reduced. be
heve that it is up to the steamship
company to prove that the higher rates
are needed by the business. 1 do no,
say that they are not needed, but be
lirye that more time should have been
allowed in order that protests might
have been taken up by the public utili,
ties commission. The burden of proof
lies with the company in the matter
of all complaints"
Attorney Olson particularly wished
. reinforcement of the time for making
the rates effective, in order that Mr.
Carter might come before the commits.
sion and enter his protest. Carter 10
now in Hawaii and cannot reach Homo
lulu until next week, several days after
the rates will 20 into effect
Proper Notice Was Given
l.. J. Warren, attorney for the steam
ship company, in answering the protest
Of Attorney Olson, declared that the
proposed change in rates had been ad.
vertised for thirty days, as required by
IA
and that notice of enc cnangea had
been posted at all points where the
company does business.
sit is unfair" he said. "for anyone
TO come before the commission at this
late hour, only two days before the
new rates. 20 into effect, anG make any
complaints. There has been ample
time to get a hearing for any protests
This Is the only complaint that we
have heard.
s't1 doubt whether the commission has
any authority under the law to prevent
the company from putting the rates in
to effect as advertised. Legally the
steamship company can go ahead under
its new schedule.
Representatives of the steamship
company, however agreed to hold the
particular rate on beef objected to, ir
abeyAnce, subject to the decision Of
the commission.
Rates Effective Tomorrow
This with the understanding that if
IL was decided that the higher rate
should not hold, the old rate will obtain
as from September l, Olson, however,
refused to make this stipulation, hold.
ing that the protest of his client might
have bearings on many other rates.
Attorney ]. L. Coke, for the commits
sion, maintained that considerable diff
hculty might have been avoided if the
steamship company had prepared the
new schedule and submitted it to the
commission for review and approval be-
fore making it operative.
Attorney Warren intimated that the
steamship company would begin to
operate on its new schedule on Septem.
Der ! without regard to any protests
1.-THE new rates must 90 into effect
before they can be suspended" he
said, "and any objections to them
should come before the commission for
adjustment later. 1t is to be presumed
that the steamship acted in good faith
when the new schedule was prepared. "
Alfred w. Carter'S letter of protest
Follows:
nIt Is understood that the Inter. Isl.
and Steam Navigation Company, Limit !
ed, has submitted to the public utilities
commission Of the Territory of Hawaii.
q schedule Of freight rates which it pro-
poses to make effective on and as of
the LIST day Of September 1915.
The undersigned. Alfred W. Carter
trustee "a citizen of the Territory of
Hawaii and a regular shipper by means
Of steamers of the said Inter. Isla nd
Steam Navigation Company, Limited),
hereby REQUESTS that time be given 10
him for the consideration of the said
schedule Of freight rates and that your
commission defer the time for the same
becoming effective until a reasona hlo
time shall have expired within which
said undersigned may submit 10 YOUR
commission objections to said schedule
81 Suggestions with reference thereto"