The Hawaiian gazette., 1917-10-23
inter SLAND CASE .
IN QUEER MIX UP
Proceedings In One Of Two
Courts, Both, 0fsNelther Is
Present PerpIexInq Problem

sutnptst cOmmlSSiOn ana tne 1hJeT'Asi-
and Steam Navigation Company over
what rates the company may charge
and the authority of the commission TO
dictate rates to the company is now
in the circuit court, in the federal court
or in both, the litigauts themselves do
not at present know. Kaleidoscope
changes in its status have occurred
since the inception of legal proceedings
last week when the commission sought
to secure an injunction restraining the
company from charging rates for pas.
senger and freight service higher than
Iit had dictated in its order, which the
leompany failed to heed.
First came the utilities board into the
territorial court with prayer for In
junction, alleging its jurisdiction TO fix
rites. Such Jurisdiction the company
denied and replied that its rate sched-
ule had been approved by the shipping
board. II demanded change Of venue
to the federal court
Judge Ashford Angry .t4s
Yesterday there Mere arguments on
the case being held in the federal court
and at the same time Judge Ashford
was seeking to learn how It had reached
that court and insisting that II was still
in his court and would stay there. He
caused inquiry among the clerks Of the
territorial courts as to who had made
the eertificGtion that was required and
learned that, II had been done by Ben
Rahalepuna, general clerk, after which
the Judge said he would run his own
court; no papers were to be issued with
oAht his orders, and emphasized the fact
that the case was still before him. Ka
halepuna said he had made the certifi-
cation for w. l.. Whitney, Of counsel
for the company.
With the statement of Judge Ashford
that the case was still in his court At
torney ID. L. Wilmington took issue, In.
sisting that the company, for which he
appeared as one of the counsel, denied
the jurisdiction of that court but is
within the Jurisdiction of the federal
court, where a dissolution of the tenn
porary Injunction has been sought.
Thus In the territorial court suit has
been brought and temporary writ Of
injunction issued, and here the com!
pany denies jurisdiction. The case has
been removed from the court and has
been declared back where it started by
Judge Ashford. '@" .: %.s IT, .
Federal Court Proceedings b..
In the federal court before Judge
Vaughan the company has filed papers
in support of a motion to dismiss the
injunction made by the territorial
court. the commission has made a coun.
a Al a. L. Il al
to Judge Ashford s court and that
motion was given precedence and argu'
ments heard upon it yesterday morning
by Judge Vaughan. Further arguments
are to be heard by him Wednesday
morning.
Thus two questions of jurisdiction
have developed in the controversy, that
of the utilities board to issue orders
fixing rates and that Of the territorial
courts to determine the question. The
commission depends upon the terri
torial law and enforcement in the ter
ritorial courts and the company upon
the approval it has obtained from the
United States shipping board and con-
sequent jurisdiction by the federal
courts, ..'
Jurisdiction Is Denied
The following is the petition to dis
solve the temporary writ Of injunction
which the company filed in the federal
court:
THAT the said petitioner has NJ
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 it affirmatiyely appears from
said complaint that the said public
utilities commission was without iur-
isdiction TO make the decision and or
der set forth therein, and that the
same is violative of the second sec
ti0n of the fourth article of the 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 fix.
ing or regulating rates or the classi-
6cation Of shipments,
"That the public utilities commits.
sion was without jurisdiction to make
said order, in that it appears from tn"
complaint that an Investigation was
conducted and notice given of such in
vestigation under the provisions of see
ton 2225, chapter l2s, revised laws Of
Hawaii, 1915, under which the only
power is that given by section 223S
of said chapter TO make recommended
,tions or to institute suits before the
interstate commerce commission or be
fore some other court or other body;
and It further appears from said com
plant that the said public utilities
commission, without notice or hearing,
entered the order set forth under see.
ton 1884 Of said chapter, and that no
hearing was had and no notice of such
hnarinm- niYen mnder santinn- O.Ill -