The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-26

safety at such crossing AS Kahului Company
lis occupying tracks day it would be we'll think that
this crossing made in the night time interfere
little possible with the business of said company
This direction by Wander Nallen and
want to know if had in that direction advising
direction? A. |
Q. you without reservation
that only object having directed this be done at
night to convenience Kahului
Railroad Company? A. To consult the convenience of the
Kahuui Railroad Company give the Ka-
huui Railroad Company for just complaint proceeding
against
Q. any facility selecting
there any motive there facilitate your work without
possible interference by the Kahulu Railroad Company?
A. On the other hand the Hawaiian Commercial and Sugar
Company has upwards a thousand in its employ Is
16 1900 and had object been accomplish that by
force, and had been accustomed doing matters in that
way would have had difficulty sending sufficient
force have accomplished it. consider wished to
put that down by force could do we'll by day by
night 1 consider that could have accomplished it well
by day as by night
O. will ask you again how night selected That
method, for selecting the night the time
hour when of these employees supposed be abed
that would facilitate your putting that crossing there without
the Kahului Railroad Company it's
ployees? A. No
Q. No it? A. No sir. You have the
instructions that given Those the instructions
given and written by with the of the President Of
corporation and with his approval this city the
Island of Maui.
@. That was, you concerned anyhow, the
motive the motive in selecting night instead of day?
that have given. In other words is
very difficult for give every motive that has
his mind So far will explain frankly to this
you the motives that occurred to believed
right and have absolute right fee
in that land in the way in which have used it. did not
believe that would have right fee in that land
by in to
the which company exercising there
carrier of passengers which public and II
proceeded in the day time that mpeded the
running of your trains have but little doubt that court OF
equity regarding public convenience we'll your own
would be quick njon in the work wished to give you
occasion for complaint for aware without
any reflection in the slightest degree upon yourself any
member of firm that there members practising at
the bar practising before of equity and do
whether your bar here is free them hope
s-there members the practising before
equity and of them might have been employed by this
Kahulu Railroad Company who, Notwithstanding the fact
that had right that road might upon pre-
tense if warrant authority for enjon
proceeding That would have been matter that would have
tied up a considerable
proposed work Therefore, when gave that order saying
that the of the road not be
doubtless had the reservation expressed
instruction. that there might be members of the bar who not
witsandng rights would take advantage of such
act might try perform by and enjon proceed
ing That however indicated by the of
the The order speaks for itself and the order that
given mental reservation annexed %
mingled with the instruction not to interfere with their
ing, because charge of affairs there of inn
poranc not only myself but to the stockholders did not
propose give any ground equitable interference
think should have done had gone in the day time
Let your question specifically: The night time
selected evade interference by injunction this
work. that have doubt but that the show
could not be made specific if the work to be done in
workmanlike to entite you Injunction To do
it in time in which interfered with
easement might entle you to Injunction.
@. Now did it you Mr. Wheeler that by doing it
you indicated you would avoid annoy
and delay of nuncons but the time there this
handicap that method is likely provoke violence