Honolulu Rapid Transit & Land Co. v. Territory of Hawaii Ex Rel. Hemenway

Background

The dispute involves a street railway company incorporated under Hawaii territorial law and the Territory of Hawaii acting through its Attorney General. The company ran cars about every ten minutes and sought permission to change to longer intervals. The Territory sued in a territorial court and obtained an injunction ordering the company to keep the ten-minute schedule, a ruling later affirmed by the territorial supreme court.

Reasoning

The central question was whether an ordinary court could issue an injunction to control the company’s timetable. The Court noted the charter required the company to provide enough cars for public convenience but gave initial rulemaking power to the company and final authority to the Governor and the Superintendent of Public Works. The Court held that regulating schedules is a legislative or administrative function assigned by statute to executive officials, not a general judicial power, and that the injunction improperly exercised executive regulatory authority.

Real world impact

The decision prevents courts, absent a clear statutory duty, from dictating transit timetables and preserves the Governor and Superintendent’s role in regulating street railway operation. Transit companies, territorial officials, and riders are affected because timetable and speed decisions rest with administrative authorities unless statute says otherwise. The opinion does not decide whether courts may review or overturn executive regulations.

Dissents or concurrances

The Chief Justice dissented; the opinion notes his disagreement but does not elaborate further in the text provided.