The Hawaiian gazette., 1885-09-30

That the plaintiff ccmpaH,
titled 10 have 20 interruption b
company 10 the operation OF is
~rhs defendant iuly eXcep
several Instructions, AMI such
duly allowed:
The defendant asked The [
the jury that the defendant "
any damages which ordinary 1
it, part could ucs have f0yseeu
which instruction the Court
and the defendant duly exec
tusAl, and such eSeerti0u was
srue Court instructed the
no. actiCuable for the defend,
take away subscribers frOm
ccupsSu0n.
There was no evidence ten
malice 90 the rart Of tie ietS
Of the acts complained Ct by :
The evidence on both 81,
defendant used The best mat
s.ruciioa II is lines, and
dence on the part Of the def
Of the interruption Of the plai
Instruments we're caused by :
screw. IN uue iusIAHce, Ct an
il another iuslluce, and by
Ct an alseruba tree IN anothe
The defendants wi,nssses
Utmost care had been taken g
defendant 70 prevent is wire
~iih the plaintiff : wires,
"Pi1indAs evidence yend
tGrins a large part (cT most
preceding the date Of the c
had been interrupted in II
fsu6auis wires beiug in c.
TITS wives, that Cassidy, E
tendeur, had spent a large p
Of bis time In endeavOriu
places Of contact and in reJ
that be had employed AZ
per month on account Of q
Interruptions were caused d
construction Of fsfsad4ntt
interruptions had tiuiaIsb
brcugbL
"A Jaeger, secretary AZ
PENDANT company, testified d
to superintendent Pratt wer
any expense, any contact "
Hawaiian Bell Telephone {
Wiisu5un, president Of &
testified 20 the same effect.
Pratt, superintendent
pauy, testified that he recei
these instructions 10 the
and that the construction c
termed after that Of 4 tel
San Francisco, excepting
cisco system Of wires w
also that he Gid his best IN
Is 70 avoid contact with p
4. But be admitted on
stAt If defendants poles "
Of crossing plaintiffs wires
Danger Of contact from :
would be avoided.
By rHE CoURr=-Ths
defendant = that the plant
70 establish telephones line
The Plaintiffs charter
corporation with all the
rights and immuuiues msr
Of the Session Laws Of
Act tor the encouragement
pauy now Incorporated, Q
after Incorporated fer the
tslligenee by electricity"
Act reads. The Mi1isti
hereby authorized and {
and allow any company
any foreign country, or Il
IN this Kin
country, tor the traHsu
BY electricity, to c0ustru
upon and Along tie highw
etc"
We think the ACT bro1,
telephone companies. Z
teiligsnce Is transmitted
hung upon poles, erected
streets are 1t present dee
system Of telegraph, IS
lines. So far as use Of
concerned, the obstructi0
that telephone cumpauie
By means eta telegraph
marks visible 10 tie eye
thus intelligence is trans
length Of the wire. In
enables the sound Of {
Transmitted along the vi
to know whether telePi
and II use when the Act
.hou-h We believe they
E=e9 made tie Act
and disco
the researches Of seienti
paay transmits i1teliigJ
.ricity, the law allows
md the suspension Of
And r7ads Of this LnsiS
The Priyy Council
charter, construed the
.uS to telephone eonps
.hogEh not bound to I
he construction placed
1pcn Al Act Of the Legi
he true construction /
.Srgcti0u By the Priv
great weight In the
United States, the couf
'urul Interpretation Of
IN executive department
and in a case Of doabtc
See BrUtrs Is. CEffcf
lssI Numerous dec
b the sane effect. In
wheaton, 30, II vas 50
II a doubtful aui anbi-
2oraneous construction
-ailed upon 10 act VI
70 carry its ?
saailsd TO great rssps
'1sed to interfere with
L had been acted upon
See also .4klns IS
Wall, ~, 81, Slgstse
Is, Uaifsd SIZES vs.
Jaitei s KS vs. More
We feel fully jastIse
II charter authorize
.g=s granted b. the &C
II The act 4GthcrE
he Minister 70 -perui
49, - ,-.s,--=-u-.-s -.