Territory Ex Rel. Public Utilities Commission v. Fung

OPINION OF THE COURT BY

PETERS, J.

This is a proceeding by the public utilities commission of the Territory of Hawaii to enjoin the respondent as a common carrier of passengers from operating motor vehicles upon and using public highways of the City and County of Honolulu for such service without first obtaining from the commission a certificate of public convenience and necessity as required by section 7958, R. L. 1935. The section referred to is quoted in the margin.

To the bill of complaint the respondent demurred and the demurrer was sustained. Prom the order sustaining the demurrer an…