Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-09-08

90 prove that Mt Flowerdcw believed himself
Justified 10 investing large sum Of money.
~, Complaint
SUPREME couEr or ruE HAwAiiAN
istANps-iN rQUtrY.
CHARtEs T. GuuCE,
Minister of,he Interior, Before Mr.. JOS.
wn1,m ft y; '''f A''T''.
To the Honorable \. FRANCIS Iunn,
Chief Justice and Chancellor, or other Jus.
tiee Of the Supreme Court;
May /, please your Honor: Humbly com.
planning, your Orator, Charles I. Gulick Of
Honolulu, respectfully represents tina, he is
his majesVs minister Of the interior. and as
such minister Of the interior he files this bill
Of complaint and represents unto the court;
Fi,4i-Tha, by law there is vested in him
as such minister Of the interior the general
supervision and control Of internal public i'm.
pfuvcments within this kingdom. and tina, his
authority in that regard extends 10 and includes
the construction, supervision and repair OF all
public streets. roads and bridges within this
Kingdom.
SsfeHd-ThM there is now residen, within
this kingdom one William Flowerdew. who
has for some time pas, contemplated and been
determined upon the project Of constructing
upon, along and through various streets in the
city OF Honolulu and suburbs in this kingdom.
system Of ttamways OF street railways for
the purpose OF running thereon cars OF other
vehicles for the transportation OF passengers
and kindred purposes,
Iiirf-That said William Flowerdew, de.
PENDANT herein, has caused to be prepared a
certain plan OF draft (which is hereby offered
for the inspection Of the COURT, purporting to
he map Of the streets OF Honolulu and sub
urhs, upon which plan or map are indicated
the proposed routes Of his said proposed sys.
TEN Of tramways, along and upon which
streets and routes said defendant intends and
threatens to so construct a system of tramways
as aforesaid -
Feiofi-Thai said defendant has no author.
ity from your orator as such minister Of the
interior, nor from any other person OF source
thereunto sufficiently authorized, permitting OF
licensing said defendant TO so construc, such
system OF any system, or any part OF portion
Of any tramway in, upon or along the streets,
OF any street Of said city of Honolulu, OF any
Of its suburbs, and tina, any such unauthor.
iied construction upon said streets, or any Of
them, Of such system OF tramways or any part
thereof, OF any act Of construction of such
tramway OF any Interference with or entry
upon said streets, OF any Of them, with the pur,
pose and object OF undertaking such act Of
construction on the pan OF said defendant OF
those acting under him, would be in contempt
Of your orators right, as his majestys said
minister Of the interior TO control such streets,
would be violation Of other public and
private Tights--destruetion of his majesty's
highway, prejudieial to the dignity Of the Nv,
and menace to the public peace
Fitfi-And your orator further shows that
he IS informed and believes, and so states the
truth to be, tina, said defendan, has engaged
and employed one Julius H. Smith, civil
engineer, TO supenniend and direct the con.
strueiion Of said system Of tramways. That
upon the 24,h day Of August instant said
i Smith called upon your orator, at your orators
Office in the capitol, in Honolulu, and informed
and notified your orator officially and on be.
half las said Smith alleged Of said defendant,
that said defendant intended to and would
comn.enee the construction of said system OF
tram~ays upon the streets Of the said city on
the morning Of the then following day, and
your orator then and there forbade such
threatened acts on the part OF said defendant.
.Srfh-And your orator further shows that,
on the s7th day Of August instant, (said threats
on the part Of said defendant TO commence
said construction on Angus, 2S,h not having
been carried ouil. your orator received from
said defendant letter and from said Smith
letter, each notifying your orator that said
defendant would positively commence the
construction Of said tramways at the corner of
the 2s,h day pf August. 1855. Said letters
toopies Of which are hereto annexed, marked
respectively Exhibit A" and Exhibit b."
and made par Of this complainp are hereby
rendered for the inspection Of the court. And
your orator believes that, unless restrained by
order Of this honorable court, said defendant
will execute his ssid threat Of so entering upon
said streets and then and there digging up the
surface Of the same and constructing therein
md thereon said ,ramwayS.
.SrEvnti-And il is further shown to the court
thai your orator Is informed AMI believes, and so
states the Truth to be. tina, said deiendan, has
imported into this Kingdom and now holds in
readiness for such purpose large quantities Of
iron rails and other material appropriate and
necessary TO the construction Of said proposed
,ramways. and tina, said delendan, has declared
his design to use said material for such pur.
pose
kssAfA-And your orator further shows
that he Is informed, and believes, and so states
the truth 10 be, that aid defendant PROCESSES
and pre,enis 10 hold letter OF other written
instrument received from John Z. Bush. your
ofaiofs predecessor In Office a. such minister
Of the interior, which instrument, as IS claimed
BY said defendant. fully authorizes him. the
aid defendant. 10 W construct a s,siem OF
iTam~ays upon the streets Of Honolulu and
sabSyhs a, Aforesaid. Bu, your oraior protests,
and Asss that such instrument. IL any such
defendant has. contains, and can contain, no
legal Of valid authority OF license to said de
fendan, 10 % construct ram~a,s OF any tram.
Nay "a aforesaid.
Nina An which doings and preienses on
the pan q aid defendant are contrary 10
equity and good eonscsnor. and tend 70 the
manilea wong and injury u his majesty,
government. AID the public a, large
In consideration whereof. and to the end