Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-11-11
SUPREME COURT OF THE IIA-
WAIIAN ISLANDS.
Before the Chief Justice at Chambers.

II. REiMENscHNEIDER VS.. CuAs. Il. WILSON,
Superintendent Of Water Works.
opinion Of The Court.
This is a petition for mandamus to com
mand the respondent to turn on the water
from the government pipes to the petitioners
premises.
The petitioner alleges that he is in posses
sion Of premises on Emma street, Honolulu,
being private residence, the grounds planted
with variety of trees and plants, and that h.
has had and enjoyed water privilege therefor
from the government pipes for domestic and
irrigating purposes, furnished him at $25 per
year, which said privilege has never been
modified or limited by the consent of the peti
toner. That he has paid to the respondent the
full rate for the six months ending on the first
day Of January, 1883, and claims that he is
thereby entitled to the water for this term.
The receipt is annexed to the petition. The
tober the respondent shut off the water from
the premises, and refuses to turn it on again,
whereby he is deprived of the use of the water
to which he is entitled, and is put to inconve-
nience and exposed to irreparable damage from
the loss Of his trees; also that it is the duty of
the respondent, as superintendent of water
works, TO furnish the water rs claimed Of which
he has deprived the petitioner without right,
and tina, the act complained of was neglect
OF respondents duty as superintendent of water
works; also that petitioner has no specific
remedy in the premises, or, il there are other
means Of relief, the slowness Of ordinary legal
forms would produce long delay in obtaining
relief.
| Ii is submitted IN evidence that the superin-
tendent Of water works has, with the approval
of the Minister OF Interior, issued certain regu-
lations as to the water supply of Honolulu.
The first one submitted bears date list January,
1876, and limits the hours Of irrigation to the
hours from to s A. NJ. and from to 7. NJ.
! BY section S, rate of $25 per annum is
charged for private house and lot of not more
than half an acre, where water is used for irTi-
CATION as well as for domestic purposes.
by section IL it is provided that any person
found running water for irrigation purposes
after the hours above specified will forfeit the
unexpred term of his water privilege; and by
section %, in case Of fire, irrigation and foun
tain privileges are to be shut OFF under penalty
OF losing their privilege.
i A notice Of roth April, 1881, limiting tn,
hours as above set forth, was also shown
sary, as the rule may have fallen into disuse.
Next is offered rule dated a3d June, 1881
limiting irrigation after that date to four hour
per day-from to A. NJ, from 4 TO in tn,
more convenient hours will be granted on APP
plcation to the superintendent. Person
found irrigating except during specified hour
will have their privileges suspended withou
notice.
The next notice is dated 9Th October, an,
suspends all irrgating privileges until furthe
notice, owing 10 scarcity of water. 1t wa
while this notice was standing that the &c
, spondent shut of petitioners water privileg
on the 18th OF October, for on the 2Ist no
lice appears limiting irrigation to between
and 7 a. NJ, and again on the a4th, motto
limiting the hours from 9 to s A. NJ. and from
to =. NJ. Later rules in conflict wit
former ones operate repeal OF former ones.
e II is agreed that the notice Of October 3rl
c iorbidding all irrigation, has no binding force
c as not having received the approval Of III
5 Minister Of Interior.
l., There is on the back Of the receipt for III
c water rate these words. "The within receil
j. for water rates is given with the full unde
c standing that the party holding the receipt wi
5 conform TO the rules and regulations issue
!, from time to time, by order Of the minister
!. the Interior. Neglect Of such regulations wi
Q subject the mtepayer to forfeiture Of wat,
n privileges"
!. The petitioners counsel contends tina, ha'
!. ing paid his water rate, the reeeip, is Col
|. ,rae, which binds the government, TO fumi,
d him an adequate supply Of water for the ter
N OF six months, and that the notice on the bad
!, OF the receipt, il no, being shown that pet
:. toners attention Was called to il and his col
,e sen, obtained. is no part Of it. and thereto
n the superintendent Of water works has no rig
!. TO cuuail petitioners water privilege in Il
&c least. Also that the pdoviso on the back
1t the reoeip, IS void for indehni,eness, and III
5. there is no power given BY the Legislature
h make rules, etc.
c. The circumstances in brief are these; II
% petitioner, knowing the regulation limiting I,
81 hours Of irrigation to from 8 to sA. y. Al
n from 4 TO ?. NJ, has generally consosHed
&c them. bu during many days after
July he has no, had sesyan, employed