The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-03-19

/ shall therefore, quote the mll and answer
in full They are as follows;
suvrrn. Court OF the Hawaiian ISlAnds--
In Equity.
CU,KIrs I. Gr1icE. MISrsrIE % nm Is
TERROR Us. WuIIAN FLJwEErEv.
Eyf--s ". Jasii1s Is.tiE.
To the Honorable 4. FRANcIs Jun.
Chief Justice and Chancellor. or other
Justice OF the supreme Court:
Man It please Your Honor; Humhy
complaining. your orator, Charles /, 6u
lick Of Honolulu. respectfully represents
that h. l. HIS Majesty's Minister Of the
Interior. and a. such Minister Of the In.
terror he files this bill Of complaint and
represents unto the Court:
tT-s'- That hy law there l. vested IN HIM
a. such Minister OF the Interior the gen
rral supervision and control Of internal
uubbc improvements within tins kingdom.
and that his authority in that regard e1-
tends 10 and includes the construction,
supervision and repair Of all public streets,
roads and bridges within this kingdom.
>r1af- That there l. now resident within
tins kingdom one William FlOTeriew, who
has ion some time past contemplated and
h.en determined upon the project OF con
siructinr upon. along and through various
streets m the city Of Honolulu and sub
uri,s IN tins kingdom. q system OF tram
WAYS or street railways for the purpose OF
running thereon carS ur other vehicles Tor
the transportation Of passengers and KIN
ired purposes.
fEtf That said William FlOweriew,
defendant herein. has caused 70 be pre-
pdrt,d a certain plan pr draft (which l.
hereby offered for the inspection " the
Court purpOrtIng 10 b. o map OF the
streets Gf Honolulu and suburbs. upon
which plan or map urr Indicated the pro
posed routes Of his said proposed system
% tramwuys along and upon which strrrts
and routes sand dcfgndgu, intends and
threatens 20 50 construct % system OF tram
WAYS u aforesaid.
Fa--H That said defendant has no au
th0rity from your orator Is such Minister
" the Interior. nor from any other person
or source thereuuto sufficiently authorized.
permitting or licensing said defendant to
- construct such system or any system. or
any part ur portion Of any tramway IN.
urp1n ur along the streets. or any street Of
said city Of Honolulu, OF any Of It's sub
urtS. and that any such unauthorized COZ
structiou upon sand streets. OF any OF them.
Of such system Of trIinways or any part
Thereof, or any act Of construction Of such
tramway or auy Interference with OF entry
upon said streets. or any Of them. with the
purpose aud object Of undertaking such
act Of construction on the part OF sand de
NfTrrr "a
ho IN contempt Of your orators night a.
HIS Majesty : sand Minister Of the Interior,
20 control such streets would be a viola
ton Of other public and private nights
destruction of HIS Maiesty's highway.
prcjuGeial 10 the dignity Of the law. and
d menace 10 the public peace
Ff9f-Aud your orator further shows
that be l. informed and believes, and 80
states the truth to be. that sand defendant
has engaged and employed one Julius H.
Smith. a civil engineer. TO sUpgrIutend and
direct the construction Of said system OF
tramways. That upon the oath day Of
August instant said 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 defend
ant. that said defendant intended to and
would commence the construction OF SAID
system Of tramways 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.
>f-t-Anj your orator further shows
that, on the 9th DAY Of August instant,
.said THREATS on the part Of said defendant
ca commence said construction on August
18th not having been carried cut.i your
orator received from said defendant let
ter and from said Smith a letter. each no
ufviu- your orator that sand defendant
would positively commence the cUnstruc-
ton u ~ui trsmways az the corner Of
King and Punchhowl STREETS IN sand city
on the 18th day OF August. lSS2- said let
tiers tc1pies Of which are hereto annexed,
marked respectively Exhibit A and FIX
hibt 3, and made part Of tins cnupiJiut'
arc hereby rendered for tie inspection Of
the Court And your orator believes that.
said defendant VIII eNecgte his threat Of
So entering upon said streets and then and
there digging up the surface Of the same
and constructing therein and thereon said
tramwsys.
>y-rtf-And it j. further shown to the
Court that your orator / informed and
believes. and 80 StHtes the truth TO be, that
said defendant has imported into this
kingdom and now holds in readiness for
such purpose large gusnttie. Of iron rails
and other material appropriate and ueces-
ssry 70 the construction Of said proposed
tramways. and that SAID defendant has
declared his design u Use SAID material for
such purpose.
EtgiH- And your orator further shows
that be / informed and believes, and so
states the truth 20 be- that said defend
ant Processes and pretends TO hold a letter
or other written instrument received from
John +. Bush. your orators predecessor IN
Office as such Minister Of the Interior.
which instrument. a. l. claimed by said
defendant fully authorizes him. the said
defendant. 10 So construct a system Of
tramwsys upon the streets Of Honolulu and
suburbs u aforesaid But your orator pro
tests. and AYERS that such instrument. If
any such defendant has. contains, and cen
contain. no legal OF valid authority or
license to said defendant to 50 construct
trsmways or any tramway As aforesaid
NiHti-Al which doings ami pretenses
on the part Of said defendant are con
trary 70 equity and good conscience. and
tend 10 the manifest wrong and injury OF
HIS Maiesty's Government and the public
at large.
In consideration whereof. and to the
end therefore. that sand defendant may
full. true direct and perfect answer make
to all and singular the matters and things
hereinbefore stated and set forth. and that
As fully and particularly as if the same
were here again repeated. and be there
unto particularly interrogsted (bUt not
upon oath. answer on oath being hereby
expressly waived
Aud that your orator may have decree
p.srpetualiy enioining and restraining said
defendant. his engineers and AGENTS from
interfering with or entering upon any Of
the streets Of the sand city Of Honolulu or
It, -rtburt,s with intent or purpose to dig
or tear Up the surface. or construct or
place thereon or therein any iron or other
railruad or tramway. except a. may here
after lie authorized by law
And that, pending the hearing herein- a
temporary injunction may issue to said
his attorneys. solicitors. en-
-ireers. agents. and all others acting, OF
claiu1irl- 70 act. un,ier his authority, CON
mandin- them to absolutely desist and