Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-10-19
UTILITY BODY
ASKS INJUNCTION
AGAINST III. CO.

An injunction ano mandatory order
has been filed in circuit court by the
public utilities commission to restrain
the lnter-lsIand Steam Navigation Co.
from charging any rate or rates TOT
the carriage of passengers or freight
in excess of those fixed by the COM
mission in its order of September -.
4 temporary injunction and manda'
tory order has been signed by Circuit
Judge Ashford.
The suit Is the outgrowth of an or
der issued by the utilities commits
sion commanding the Inter-lsland TO
return to the schedule OF freight and
passenger rates effective in 1916.
The steamship company Immediately
announced an increase in the rates
then in effect and noted an appeal to
the supreme court from the decision
OF the commission. The new rates
were to have gone into effect OctC-
Der -.
Under section 1884, revised laws,
1915, the steamship company has the
right to move in the supreme court
for stay of the commissions order.
In the suit filed yesterday the utili'
ties commission Is represented by the
law firm of Watson & Ciemons.
In part the complaint of the COM
mission reads as follows:
THAT thereafter on said September
%, 1917, an order was duly made ana
entered by said public utilities COM
mission, in which 1t was ordered inter
ALA that the Inter-Island Steam Nav
igation Company, Ltd, reduce all
charges for the carriage of passen-
gers and freight to not to exceed the
rates and classifications which we're
in effect on the LIST day OF August,
A. d. 1916 Ia copy of said order being
hereto attached, marked Exhibit b
and made part of this bill; that
copy of said order was on the day or
the filing thereof duly served on said
respondent.
THAT said order so made by the
public utilities commission is and at
all times since the filing thereof has
been in full force and effect, but the
said respondent has wholly failed
and refused to obey the terms thereof,
and did on October l, 1917, in direct
d:sobedience of the provisions of said
order, put into effect a new schedule
of rates, many of which rates both as
to passengers and freight are higher
than the rates in effect on September
%, 1917, when the order OF the COM
mission was made, and higher than
the rates in effect on said August /,
1916; that said respondent has threat
ened and still threatens to disregard
and violate the order made by this
commission as aforesaid, and in fact
since October 10, 1917, when said or
der became effective, has in many in
stances violated said order by charg-
ing and collecting unjust and unrea.
sonable rates and rates higher than
those fixed by the commission as
aforesaid for the carriage of both
freight and passengers; that, as
showing specific violation of the
terms of said order, tht petitioned
hereto attaches and makes a part of
this bill as Exhibit c the affidavit of
H. Gooding Field, showing that OF
the Inter-IsIand Steam Navigation Co.,
Ltd, one way, first-class ticket for
passage from Honolulu to Lahaina,
Island of Maui, by one of the steam
ships of said company, for which
ticket he was required to pay and
did pay the sum Of five and $1,000
($5.50) dollars, and that the rate f.r
said ticket on said August /, 1916,
and thereafter at all times up to and
including said October 1, 1917, as
shown by the published schedules of
the company, was five ($5) dollars"
In part the order of the court reads
as follows: .#~
Now therefore it is hereby ordered
that the said petition be filed and pro-
cess issue thereon, and that the res
pendent and its officers, agents and
employees be and they are hereby each
and all restrained and enjoined from
charging any rate or rates for carriage
of passengers or freIsnt in excess of
the rates ordered and fixed by said
order of September %, 1917, a copy
of which is hereto annexed and made
and its officers, agents and employ
es be and they are each and all
hereby ordered and directed to faith
fully observe and adhere to the terms
and requirements of the said order of
September IS, 1917, until the further
order of this court in the premises"
While Inter-Island officials will not
discuss the litigation pending between
that company and the public utilities
commission, it is believed the COM
pany's defense against the suit filed
yesterday will be based On the claim
that it is responsible only to the ma.
tional shipping board. The argument
will be made that permission for all
changes of rates have to be secured
from the board, and that it was or
ganized subsequent to the public util.
tiles commission.