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

aut r7srv t.l.fi-i5uII mfl- a-s- IN ahorr ar11ai
-'l-i1us -aiIl b. shIr-v'i Extra % each uirs
sETETE
The undersigned have fully authorized
Mr. Smith the engineer regularly employed
II the service Of this wurk TO concur and
sgree With your E1csIlsRcy any further
matters that are not expressed In this
nsuJTzld1m-
IhsEe the honor to be, 81. yOUr most
obeshsut servant
TtFrrgczs.s-That tins defendant declined
to sign such document and caused notice
30 De given d aforesaid Of his intention to
commence EUrk-
AL which doIngs and pretenses OF the
part Of the plaintiff this defendant submits
zrs contrary 10 equity and good conscience.
and prsIadicisl 10 the rights Of this de
fandsut and tend to subvert His Majesty
Government and the good faith thereof
and the proper respect therefor.
EuEAzD PEETux.
CzCl Bz0Ey-
Solicitors and Of Counsel fOr defendant
Ds-itiss q az Csars 5y Iz,tia. J.
The defendant first objects. IN ahzte=
msut- that the plaintiff Is not the propez
party 10 bring this acton
I believe h l.
Section $ Of the Civil Code says the
Minister Of the Interior shall have tie
chzrye- custody and supervision Of al gUT-
erzmsut property whatsoever. not express
y placed n the charge Of sOme other Off
eEr
The government has property n the
pubic streets Of Hoa1lula- aud the prop
srty Is N the eustody Of the plaintiff IN
der Section %
Section q Of the CTviI Code provides
that tbe Minister Of the Interior shall BE-
accountable for the Preservation and safe
Sssping Of the gOTgTument property. and
Il sEsIl be his dirty 10 prosecute any peE
son IuiIurng- trsspzssIng upon u wrong
f1lly taking the sane
The defendzlS threatened 10 20 upon
one q more Of the public highways Of the
city d HonOlalH- and tear them up for the
purpose Of establishing a street railway
This # accomplished without right, would
b. a permanent and RTeparzble trespzss
and IniETy 10 the property q the govern
ueut- n the public streets and the plain
III had full poEer, and It was his duty. If
the Defendant proposed 10 act without
right % bEIng this zcti0u 10 restrain hiun
from 80 sctnZ
think therefore that tie action was
properly brought b. the plaintiff
The second question is-hsd the defeu
dsnt right % establish street railway
N the streets q Honolulu q any part Of
themi
Isay Epon The facts. L think not
Briefly those ESSENTIAL fzcts are that the
Minister q Foreign Affairs and Attorney-
General - flseria, called upon the defen-
dzut- and after some conversation gave
defendant 70 understand that His Nz-
iestI's GOTernueut would help the defen
dznt 70 cary 0ut his scheme for laying
h0rse tTzmEzys IN the streets u HonOl1lu
and The Euburis thereof That the Minis
ter a the Infeior had charge Of the mat
ter 70 whom defendant shOaid apply. and
that the mzsteE would b. fsF0Ezbly repre-
ssuted % szch minister.
ThensupJu the defendant applied to the
then 1linsster u the Interior, Sir. John Z.
B1sh- n wiring a. zbOTe q1otei- wEo an
sEerHd II wiring a zboTe quoted and 10
which TIE defendant reTllsed IN writing A.
slsOTs q10ted
II tae Minister u the Interior had az
taoEitT 70 do what h did A. shown b. his
litter 10 the defendant, u July - 1873, Il
nay BE- hat that Ieftez and the defendznf's
Eeply 70 Il constituted q TzIid contract
which WO1ld aufhorize the Defendant b
pr0ceed - h. thrszteled - IN this case
he defendant claims that tie minister
lad each authority. and II 20, then The
nllnlster has granted ~ the DESCENDANT =
resrletrzl and exelrsi4e r1QI,f Il f.ss s1fsfror.