Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-10-22
Ii. CASE =
TAKEN TO
U.S.COURT
Clerk Goes Over Judge Ash.
ford's Head in Transferring
Case; Merry TangIe in Iuris-
diction Results

r ATE Saturday afternoon the Inter
Island Steam Navigation Co. fled
sin federal court motion TO dis
solve the temporary injunction suit
and restraining order brought against
Il by the public utilities commission
TO enjoin II from disobeying the com.
missions order commanding Il to re-
turn to the schedule OF freight and
passenger rates effective In 1916.
But Circuit Judge Ashford holds
that the injunction suit Is stfll before
his court and declares that he will
proceed with IL, thereby causing q
merry little tangle OF Jurisdiction
which was partially threshed out this
morning. Attorneys on both sides
morning were to argue motion to
transfer the action from the circuit to
the federal court. When Judge Ash
ford took the bench 1t was announced
that the case was already before the
United States court
Judge Ashford wanted TO know who
had certified to the record. Clerk
Harry Wilder was called In and said
he didn't do II. Clerk Cullen also de.
MED knowledge OF the certidcation.
Then Clerk Ben Kahalepuna was sum-
moned. He said he had done Il under
instructions from Attorney w. l..
Whitney, one Of the counsel for the
lnter-Island.
well. hereafter you take your In
structions from the court and not from
counsel" said Judge Ashford with
some heat. sThis casasis still pending
In this court and we viii proceed with
Il. It has not yet been shown to
this court that this Is removable
cause
I'VE claim that this court has no
Jurisdiction. as 1t Is matter for the
federal court" declared Attorney D.
l. Wilmington, also representing the
Inter-Island.
Il was the contention Of the attor.
Teys for the utilities commission that
the case Is still pending In the CIR.
ssit court and that the federal court
has no jurisdiction.
The motion to dissolve the temper.
airy injunction. which was scheduled
to be argued In federal court this af-
ternoon, reads, In part, as follows:
"That the said petitioner has no
Jurisdiction over the subject OF the
reasonableness of the rates. prices
and charges or the fixing OF the same.
or in any other respect over the re.
spondent as to fits business, set forth
in said complaint, OF transportation,
namely, the carriage Of passengers and
freight between various island ports Of
the territory Of Hawaii.
That II affirmatiyely appears from
said complaint that the said public
utilities commission was without jur-
isdiction to make the decision and or.
der set forth therein, and that the
same is violatfye Of the second sec
tion of the fourth article OF Cue con
stitution of the United States, the
fifth amendment to said constitution
in that no hearing was had and no
notice given to the respondent Of any
such hearing on the question Of fx-
ing or regulating rates or the clagsi.
fication OF shipments.
That the public utilities commits.
sion was without Jurisdiction to make
said order. in that II appears from
the complaint that an investigation
was conducted and notice given Of
such investigation under the provi.
sions OF section 2225, chapter rs. re.
yised laws Of Hawaii, 1915. under
which the only power Is that given by
section 2233 OF said chapter to make
recommendations or to institute suits
before the interstate commerce com.
mission or before some other court or
other body; and It further appears
from said complaint that the said pub
lie utilities commission, without no
tice or hearing, entered the order set
forth under section 1884 Of said chap
ter, and that no hearing was had and
no notice Of such hearing given un.
der section 2234."