Territory v. Honolulu Rapid Transit & Land Co.

Citations

• 23 Haw. 387
• 1916 Haw. LEXIS 59

Syllabus

<p>Statutes — construction—noscitur a sociis.</p> <p>Tbe rule noscitur a sociis does not apply in the construction of a statute where specific words are used which are not relatives of the same genus. There neither word derives color from association with the others, but each stands as the representative of a distinct class.</p> <p>Same — legislative intent — conditions and circumstances existing at time of enactment.</p> <p>In ascertaining the meaning of a statute which requires construction the court should consider the language used in connection with the conditions and circumstances existing at the time of its enactment.</p> <p>Same — contemporaneous construction by executive officers.</p> <p>A uniform practical construction given to a statute by executive officers of the government who have duties under the act, though not controlling, is, in case of doubt, entitled to much weight, especially where rights of parties have been adjusted in accordance with it.</p> <p>Words and Phrases — “actual cost.”</p> <p>The term “actual cost” means money actually paid out, or “real cost.” It may be considered as synonymous with “expense” and as excluding all profit.</p> <p>Street Railroads — Honolulu Rapid Transit <£• Land Go. — powers under franchise act.</p> <p>The Honolulu Rapid Transit & Land Co. has power under sections 17 and 37 of the franchise act (S. L. 1898, Act 69; R. L. 1915, Secs. 784, 804) to expend so much of its income as it may desire in making extensions in and to its line of road; and to increase its capital stock to an amount equal to the actual cost of its property, including income expended therein (except such as might otherwise b’e payable to the Territory as its share of excess income over 8% in any one year) and money borrowed upon bond issues, plus 25% in addition to such cost.</p>