26 Haw. 508 | Haw. | 1922
OPINION OF THE COURT BY
Tbis is an appeal from an order of tbe public utilities commission of Hawaii prescribing tbe rates to be charged by tbe Hawaii Telephone Company, a public utilities corporation, doing business on tbe Island of Hawaii, for
Under Act 89, S. L. 1918 (Ch. 128, E. L. 1915), the public utilities commission of this Territory was given power to fix the rates and charges to be made by telephone companies as well as other public utilities, the grant of “general jurisdiction” under the act to the commission being over “all public utilities doing business in the' Territory of Hawaii.” With reference to rates the language used in the act is: “All rates, fares, charges, classifications, rules and practices made, charged or observed by any public utility, or by two or more public utilities, jointly, shall be just and reasonable and the commission shall have power, after a hearing upon its own motion, or upon complaint, and in so far as it is not prevented by the Constitution or laws of the United States, by order to regulate, fix and change all such rates, fares, charges, classifications, rules and practices so that the same shall be just and reasonable, and to prohibit rebates and unreasonable discriminations between localities, or between users or consumers under substantially similar conditions.” E. L. 1915, Sec. 2234. By an act passed ten days later (S. L. 1913, Act 135) the legislature of Hawaii enacted that certain franchises therein námed and the holders thereof should be subject “as to reasonableness of rates, prices and charges and in all other respects” to the provisions of Act 89 of the laws of 1913, just mentioned, and all amendments thereof, for the regulation of public utilities in the Territory. This Act 135 Aras approved and amended by an act of Congress
Under the act of February 4, 1887 (24 Stat. L. p. 379), Congress established a commission to be known as the Interstate Commerce Commission and placed under its jurisdiction, in certain respects, certain classes of common carriers. Amendments to this act were made by an act of June 29, 1906 (34 Stat. L. p. 584), placing under the jurisdiction of the Interstate Commerce Commission certain other classes of carriers and specifically authorizing the commission to determine and prescribe just and reasonable maximum rates to be charged by the utilities under its jurisdiction. By the act of June 18, 1910 (36 Stat. L. p. 539), entitled “An Act to Create a Commerce Court,” Congress further amended the provisions relating to the Interstate Commerce Commission, but in no respect that need be here referred to at length. On February 28, 1920, after the approval and amendment oí Act 135 of the Territory of Hawaii, Congress passed what is known as the “Transportation Act of 1920” (41 Stat. L. p. 456), further amending the Interstate Commerce Act and the act creating the commerce court. Under one of these amendments the provision relating to the powers of the Interstate Commerce Commission to fix
It is unnecessary to determine Avhether Act 135 as amended and approved by the act of Congress above referred to is to be regarded for the purposes of this case as an act of the Territory of Hawaii or as an act of Congress. In either event Congress has ample power to repeal, modify or suspend the operation of Act 135. In the exercise of its power to govern the Territories Congress can, either directly or indirectly, repeal or suspend a prior law in effect in the Territory of Hawaii, Avhether it was enacted purely in pursuance of the general power to legislate, granted in advance by the Organic Act of the Territory, or was enacted by Congress itself in the first instance or Avas enacted by the territorial legislature and approved and amended by Congress. Railway v. Gutierrez, 215 U. S. 87, 93; Cound v. Atchison Ry., 173 Fed. 527, 531. The existence of this power in Congress is expressly conceded by both parties. The question submitted for decision is purely one of intention and construction.
So also it is not questioned by either of the parties
It is true that repeals (and suspensions) by implication are not favored but it is equally well established that repeals do sometimes result by implication. The whole doctrine is simply intended as an aid to construction. In the present instance the Transportation Act of 1920 does not expressly repeal-or suspend the territorial statute on the subject, but a study of the acts involved shows that it must have been the intention of Congress to have the later act operate so as to supersede (whether by way of repeal or as a suspension only is immaterial at this time) the territorial statutes. In enacting the act of March 28, 1916 (39 Stat. L. p. 38), ratifying and amending our local A.ct 135, Congress took the precaution to insert the proviso that nothing therein contained should “in any wise limit the jurisdiction or powers of the Interstate Commerce Commission under the acts of Congress to regulate commerce.” The territorial statutes cannot be given full force without at the same time permitting a limitation upon the jurisdiction and powers of the Interstate Commerce Commission. In so far as the territorial legislature purported to give to the public utilities commission
In onr opinion the jurisdiction of the Interstate Commerce Commission is exclusive and the order appealed from is therefore set aside.