The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-02-14

down By The steuosrspher Is hereto
attached and ma ie part Of this pc
titioa, marked ExhiOit "Cn
That at the same time the said
Judge caused the following order 70 be
entered upon the clerks miuutss aof
the PROCEEDINGS, a. wit, The Cours
states that il q, elites 10 entertain the
motion, aud defsndsct i sllowet two
weeks in which 20 answer"
Aud thereafter 10 Wit upon the
twenty first day OF January, A ID.
1896. petitioners attorney the said w
A. Kinney prepared form OF order
incorporating as he understood them
the findings and orders by the Circuit
Judge aforesaid the preceding day,
UPON petitioners said motion heard
that day.
That thereafter TO wit, upon the
twenty second day of January, AID.
1896, in open court, the petitioners
counsel the said w. A. Kinney upon
due notice to the attorneys Of the Hs-
wsiisn Commercial aud Sugar Com
psuy, 10 wit, Messrs. Hartweli, Thurs
ton and Stanley, presented TO the said
Circuit Court Judge form OF the
order he had prepared and requested
the said Judge "a sign the same, the
petitioners counsel having already
been informed hy the sail attorneys
for the said Hawaiian Commercial
snd Sugar Company that in their
opinion no written order WAS neces
ssry or proper out-i e of that aivVs ~
entered upon the clerks minutes. sid
order not being sppeslsble sud not re
Quiripg 10 be signed oy the Judge.
Thst the said Circuit Juig-, upon
presentation OF the said or,ier de,.lin
ed TO sign the same, out caused The
following order To De entered upon
the clerks minutes OF the proceed
iags, 10 wit: "roe Court refuses 10
sign sn order having declined 10 en-
tertsin or hear the motion 10 suspend
proceedings until called up" Aud
your petitioner represents unto the
Court and claims that Oy virtue of the
premi-es and the refusal Of the sal
Circuit Court Judge TO sign shy orier
dispO>iug of your petitioners motion
Afore>sid entitled: Defendants mo-
tion TO continue further proceedings
until called up Exhibit b, your pc
titiouer is precluded from appealing
or attempting TO appeal from the re-
fusSl 10 allow petitioners said motion
for 3 stay OF proceedings, for that the
rules OF the said Circuit Court pre-
clude su sppesl until tue order or
decree sought TO be appealed from has
been sigued by tue Judge making the
same
AND your petitioner further submits
that il WAS the duty OF said Judge To
sign su order 81 aforesaid AMI that
the said Circuit Judge 10 claiming
that he has not heard or determined
petitioners said motion To stay pro-
csedings is in error; but il surn con.
tention OF the said Circuit Judge is
correct, your petitioner submits that
he is entitled TO the msndate OF this
Court directing the said Circuit Judge
and compelling him TO proceed TO
hear aud determine your petitioners
laid motion, and IL as your petitioner
contends, the said Circuit Judge has
heard and determined the petitioners
said motion for s stay Of proceedings,
then your petitioner submits that he
Is entitled to the mandate of thi,
Court directing the said Circuit ia &c
to sign the order in conformity with
his said decision aud the clerks miu-
utes Aforesaid.
That your petitioner believes sud
5 leges that IL would De detrimental
snd do irrepsrable injury to his inter
est ard rights involved in the said in
Junction proceedings brought oy MIN
IS aforesaid IN the State Of CslifJr- ia,
TO suswer complaint of the Hawaiian
Com mercisl and Sugar Compauy il
the said Circuit Court of the First Cir
cult, and that il Is 81 abuse OF dIscre-
tion snd violation OF the comfy which
should be accorded the said Court in
the State Of California for the Circuit
Judge aforesaid of the First Circuit, to
con- pei petitioner to answer in tue
suit brought therein before aid in
Junction proceedings can be deter
mined and heard in the proceedings
now pendtug III the foreign Curt
more particularly a. fail
ure to answer until said INJUNCTION
pro &c ,ings have been determined Is
not shown TO be likely 10 work injury
10 the said corporation.
Wherefore your petItioner prsys |
tnat a VIII of maudamus issue direct !
ing the -sid A w Carter Circuit /
Judge of the First Circuit, 20 pr coed
To zig an appropriate order In con
formity with MS fiidiugs aud decision I
given upon the hearing OF petitioners i
said motion for stay Of proceedings /
or TO rhoE cause to the cODtrar, 81
sucn time SIS the Court shall set for
bearing thereof, or il the Court is OF
the opinion, u, on the showing herein
that the said Circuit JUICE has uot
heard snd determined petitioners
said motion for s stay OF proceedi g
but declined so to do, that tue Court
,sue q writ Of mandamu. directed TO
the said A w. Carter, Circuit Judge
Aforesaid, commanding him 10 pro-
iced forthwith 10 hear and determine
petitioners said motion, and for such
,ther and further relief as to the
Court may seem meet.
Your petitioner make all the plead
ng-, motions, exhibits, afddsviEs and
,ther papers and documents on file in
he said Circuit Court, in the case
Aforesaid Of the Hawaiian Gunner
,ial and Sugar Company against your
petitioner part OF TINS petition, and
makes profert herein OF the same, and
1raye leave TO refer to the same, and
hat the same be read in connection
With and as part of this petition"
An alternative writ was Issued re-
before US on the LIST Febru- 1