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

ale Saturday afternoon the Inter
islanu Steam Navigation Co filed
IN federal court a motion tn dis.
SoiFe the temporary Injunction spit
ana restraining order brought against
II by the public utilities commission
20 enJoln 1t from disobeying the com.
missions order commanding II To re.
turn TO the schedule of freight and
passenger rates effective in 1916.
But Circuit Judge Ashford holds
snat the injunction suit is stin before
his court and declares that he win
proceed with it, thereby causing i
merry little tangIe of Jurisdiction
which was partially threshed out thIs
morhing. Attorneys on both sides
were here to argue a motion to
transfer the action from the circuit To
the FEDERAL court. When Judge Ash.
iora took the bench it was announced
tnat 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 it. Clerk Cullen aIso De.
rIeu knowledge of the certifcation.
Inen Clerk Ben KahaIepuna was sum.
moned. He said he had done It under
Instructions from Attorney w L.
whitney, one Of the counsel for the
lnter-lsland.. -.
We'll, hereafter you take your In.
structions from the courtIand not from
counsel" said Judge Ashford with
some heat. his case is still pending
In this court and we will proceed with
1t. 1t has ndt yet been shown to
this court that this is a removable
cause"
I'VE claim that this court has no
jurisdiction, as 1t is a matter for the
federal court" declared Attorney d.
L. Withington, also representing the
Inter-Tsland.
1t was the contention of the attor.
neys for the utilities commission that
the case Is still pending in the cir
chit court and that the federal court
has no Jurisdiction.
The motion to dissolve the tempor.
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 its 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 1t affirmatively appears from
said complaint, that the said public
utilities commission was without il1r-
1sdtctton to make the decision and or
der set forth therein, and that the
same is violatiye of the second sec
ton OF the fourth article of the con-
stitution of the United States. the
NTH 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 Ak
Ing or regulating rates or the CLASH
fication of shipments.
That the public utilities commits
sion was without jurisdiction to make
said order, in that it appears from
the complaint that an investigation.
was conducted and notice given Of
such Investigation under the proyi-
sions of section 1925, chapter 12S; re.
vised 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 1894" -. -