The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-08-21
Highest Of all in Leavening PoweLs,es U. S Govt Report
R0H!A!:!!!! R RsxiHs
ABSOLUTELY PURE
A CHINESE ORCHESTRA.
REPLY TO TuE HARSH CRITICISM
MADE ON a COURT PETITION.
Gongs aud Drums-RivaI Establish IN en- y
Answer Non-Committai on Same
Points-Extracts.

Lee Wal and Chang Kim, pro-
jectors of a second Chinese theater,
have made an answer, by their at
torney, A. S. Hartwell, to the in
junction suit of Capt. J. c. Quincy.
The case is before Judge Cooper.
1t will be remembered that Attorney
ThurstoD, for Capt. Cluney, made
some rather -blooded remarks
about the beautiful and melodious
orchestras that Chinese theaters
support. The answer Oh this point
is rather guarded.
Following are excerpts from the
reply filed today, some good, strong
law. points being clearly brought
out:
There is no affidavit annexed to
said bill that any matters of fact in
said bill stated are true within the
actual knowledge of the affiant.
The averments i'll said bill con-
tanned are specifically denied on
oath by the defendant in his
answer herein filed in so far as the
same are claimed as the basis for
the injunction prayed for.
There is no jurisdiction in equity
to enjoin the erection Of building
or the conducting of a theater
therein when licensed by proper
authorities, or any performances
therein before the same shall have
been shown to be nuisane author
izing and requiring an injunction.
There is one very serious para
graph in which it is averred that
the injunction suit is a business
stroke only aud solely in the inter
est Of the owners Of the present
theater.
Defendant denies that for many
years past the locality in which the
plaintiffs alleged residence is situ-
ate has been aresidence district I'M
disturbed by noisy trades and bust
nesses, and he alleges the fact to be
that for many years past Chinese
theatre has been licensed by the
proper authorities, and conducted
within the said locality, at no
greater distance from the plaintiff
alleged residence than is the local.
ity on which the defendant pro-
poses to erect his theater, and this
defendant is informed and believes
and so AYERS upon his information
and belief that the plaintiff has
never made complaint that Ibis
sleep or the peace or enjoyment of
his life upon his said premises"
was impossible by reason of
any performances in said theatre
such as he complains of in his
bill Of complaint, and also that
the plaintiff has never complained
that said theater or its performances
have caused any injury to him or
to his rights as the owner or &C.
cupier of said premises by destroy
ing his peace or quiet or by injuring
the value OF his said premises.
Defendant neither admits or
denies that the performances car
ried on in such theaters as that
proposed and now about to be
built and operated by him consist
very largely of pounding on gongs
and drums, blowing upon various
embellishments, and performing
upon various stringed instruments
the names of which are unknown
to the plaintiff, but produce harsh,
strident and discordant tones of
great volume and continue it, and
this defendant submits that if the
plaintiff during the last four years
or more Of his residence near said
existing theater has experienced
such performances from said exist
ing theater he has no right by
reason thereof to characterize in
such opprobrious terms the musical
performances which this defendant
proposes to conduct in the defend
ants proposed theater.
Hours will be, the defendant ex-
plains, as directed by the authori-
ties.
This defendant denies that there
will be any discordance in any per
formances which he proposes to
conduct, and he neither admits or
denies that the volume or contin-
uity Of the noise produced at such
performances is or would be so
great that it will be distinctly
heard upon the plaintiffs said
premises" and he denies that the
same would render sleep or the
peace or enjoyment of life upon the
plaintiffs said premises, to which
he is lawfully entitled, an impossi-
bility while the same continues"