Application of Island Airlines, Incorporated

DISSENTING OPINION OE

TSUKIYAMA, O. J.

Involved in this case is the paramount issue of whether the Public Utilities Commission of the State of Hawaii has the authority to entertain economic regulatory jurisdiction over interisland air transportation of persons or property vis-a-vis the Federal Civil Aeronautics Board. The question of jurisdiction has been squarely presented to this court as a result of the Commission’s decision in the affirmative.

In 1962, the legislature of the State of Hawaii passed an amendatory legislation providing, inter alia, that no common carrier shall engage in…