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

for itself
O. your evidence already spoken about such
thing taking only short time; what your
time? y. When l gave that evidence. The is
since informed by Mr. Naillen that the
crossing put in in a short time.
O. How many hours? y. lie me that the whole
piece work performed in al think
they reached the track by about eleven o'clock night
know just what time he mentioned but recall that
statement in the purportng be from Berg
manager there, stating that he
and that the crossing already thai
is why said thought it only took short time
O. Alongside the crossing track put
for distance? a That my information; that
my instruction you
O. Mr. Wheeler did you make examina-
that grant from Claus Spreckels the
road Company land grant. to fixed
the relative rights of the Railroad
Company and the Hawaiian Commercial in this particular
piece of ground crossing put long ago.
A. That say have that grant [
think copy of months and had general knowl
edge of it. Immediately my arrival here again in look
ing papers the condemnation suit copy
it there; again saw copy in Judge Hartwells office On
those occasions read and impressed with
from its construction to be the rights
parties.
Q. From his construction? \ my construction.
O. YOU whether prior to this trip you had
definitely Kalulu Railroad Com
pany had rights along that track leading A. tell
you positively knowledge the rights you
had there did until after down here while
think that probably from examination of the papers in
possession inferred that they had right there
of finding nothing giving them understood any right
think that it not until received information from the
the documents record that drew the
cuson that there nothing to show that they had
right and therefore they had not any right.
O. And how long that that you such report?
A. I cannot recall that date.
@. About how long ago? A. The time has gone rapid
y been here that hardly say However
tell you with reference certain dates 1t has been since
from Maui that think has been along about
February GOTH sometime along there because it immed
atey my that ordered the abstract be made.
O. Now going the question of rreparable damage right
from question laying track freight
of the Hawaiian Commercial been handled heretofore?
Mr.. Wheeler-What is the charge that am answering
now?
Mr. Kinney-The question the fully APP.
prsed by the peadngs papers you wharf
that you had facilities of choice before that of hand
ling all this freight reasonable mannern reasonable
business-like manner.
Mr.. Wheeer-You referring anything in my
affidavit?
Kinney-Your affidavit think refers to the amount Of
tonnage: THAT the said Hawaiian Commercial and Sugar
Company conducts various places its panta
ion and therein ransacs general merchandise business;
at in the of each and the said Hawaiian
Commercial and Sugar Company thousand tons
freight of descriptions Upon and its railroad
cracks; that the said freight includes goods and mer
handse for it's supplies and materials for its mills
machine shops railways and COAL iron pipe machinery um
ber sugar it's mills and divers other ar
ces merchandise that the said corporation DESTROYS
regulating business affairs that it receive and trans
port freight directly from the seaboad its headquarters
it's various supply stations upon it's said plantation; and
railroad aforesaid constructed
aforesaid purpose that the deponent estimates
hat the of freight to be carried and over said
year year will exceed twenty-five thousand
during each and And deponent further
upon and according his information and belief that
t would be impossible accurately the damages
(which would be sustained by the Hawaiian Commercial and
Sugar Company in the that said company should be
prevented by the Kahulu Railroad Company from maintain
ling and using the track constructed by said Hawaiian
Commercial and Company between the warehouses OF
said Hawaiian Commercial and Sugar Company and the
shore deponent therefore and according
his information and belief that the damages which the
Hawaiian Commercial and Sugar Company would sus-
the event of such interference prevention would be
"irreparabe' You remember do not? A. Oh L
remembered that before
Q. do you plan understand can have it
discussions with the engineer OF the company
conclude that with the material that
the and will serve all or
our temporary needs within thirty days That however is
materials to the
O. meantime your freight is being handled by
the kahulu Railroad Company? \. In the mean
time freight is being handled by the kahuui Railroad
long the Kahulu Railroad Company sees lit
do its duty and handle that freight Ii on the other hand
through captOusness bad advice through temper that
should decline grant legal rights,
refusing it's functions carrier,
upon resorting legal might compel them to do it.
the damage would be rreparable.