Mutual Tel. Co. v. United States

Appellant is an Hawaiian public utility corporation engaged in furnishing wire telephone service in the Hawaiian Islands. It is subject to the jurisdiction of the Public Utilities Commission of the Territory of Hawaii, hereinafter called Commission.

In 1941 appellant experienced an unusually heavy demand for new telephone service in Honolulu which became a burdensome load on its central office facilities and distribution plant. This difficulty was contributed to by existing restrictions on obtaining materials and supplies. In order to alleviate the situation a plan was worked out which, it was thought, would discourage the demand for new installations. In September, 1941, appellant petitioned the Commission for permission to increase its existing “installation” .and to establish a new “supersedure” charge. The requested increases were approved by the Commission and the increased collection authorized but definite limitations as to use and custody of the receipts were imposed. Pertinent provisions of Commission’s order are set out in- the margin.

On October 2, 1941, the increased installation and new supersedure charges went into effect and continued until May 1, 1942, when they…