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

A. do Mr. Wander Nalen occupies a very responsible
position with and would be entitled occupy
his word could be taken by
O. So you look at it, by putting crossing as you
did, at the time done you delays and that the
method nothing in the to increase
the chance of breach of peace? Your question is
leading No. nothing in the calculated to
bring about breach of peace I certainly would not
desire permit them bring breach of the
peace though their rights there were assured
assume that the regard for the law
upheld by your company.
O. In that connection you that the efforts made
by these
Mr. Harwel-Wil you allow me to ask what is the pos
purpor of the examination now proposed and with r
ference to what charge Misrepresentation conceamen or
bad faith is this proposed inquiry?
Mr. Knney-May it please the wish to charge that
have not the mental faith accept
ton for which believe the witness responsible says
the Railroad Company is occupying IFS track nv
day would be well think that this crossing
the night time to interfere little possible the
Kahulu Railroad Company A. I have no doubt that the
crossing itself matter that occupied very little time
and that the fear of Injunction in the time
done in the day.
The Court-As you remember my ruling was that the aft
davits ought to be produced any
admitted and then Mr. Wheeler desired to
waive that and with his oral statement upon that
understanding and consent proceeding OF
if you desire to have the adavs filed point
NOT been touched that is another matter.
Mr. Wheeer.-Apparently my testimony has been msun
derstood With reference the order that given you
VIII observe that we thought it well the crossing
made in the night the Kahuu Railroad Company occupy
ing it's tracks by day. also that it the night
not to interfere with the operation of the
pany Now that is the given. as to my
reasons for giving that order understand that question
and understand to mean why thought it were
well that that done in the night endeavored convey
to this Court for understanding that we'll
it it done in the night I did that
simple matter of accommodation desire
something of favor to the Kahulu Railroad Company,
that it desire to invade rights give
cause for complaint at conduct by the Kahuui Railroad
Company. I understood that had perfect right
there that had perfect right there
fere with the of that easement and this being
constant use by day in drawing the that is being
manufactured at Waikiki should proceed put
ing in by day to interfere with that traffic with the
traffic would lay ourselves liable either in dam
in injunction in other if nterfered
with the by the defendant company
That is why thought it we'll if that in the
night not to avoid inquiry by Court into the respective
rights the parties prevent the issuance proper
restrain putting that there
proceeding but to make absence of ground
which reputable attorney would seek to obtain nunc
tion a reputable attorney might have said if tear
this road by day threatening to do entitled to
enon you you will interfere with traffic and with
the public traffic. but if the crossing made in proper
night then would give legal equitable
complaint and the proceeding would not lay liable
any damages why thought
WELL those the that moved give that order
had given any for the issuance of injunction
having motives perform attorney who
following his full duty the Court might that pretense
and petext have kept from making that improvement
that lawfully entitled to make, for long time
made it in lawful manner and without nfring
ing rights legal equitable there could be such
complaint would be any such interference. If
did what did lawfully and properly and without inter
fer1ng nght, we hld nothng lear; IL on
other hand the day time and sought to it
might lead to the difficulties that have mentioned because
might be invading right That is all that wish to
explanation of why that order in that FORM
Mr. Kinney.-Q What your instructions to the men
Mr. Berg out and said that the Kahuui Railroad
Company perfect legal right that track and had
right? A. gave instructions whatever the matter
that order to the discretion OF CHIEF
engineer. You have the order there.
Q. Did of them say to YOU supposng get into
shall do what have the right to do? A.
apparently fail to understand not there
at the time that the order given
and of them and the order
@. Was not the matter discussed while the
Maui and arranged there subject to consultation
in Honolulu with counsel? A No SIR it not The
subject of building railroad there was discussed
O. the crossing? A. The question of crossing there
night not discussed
Q. Who took up that order? y. The Government mail.
@. And who did you communicate with? n. To Mr.
Wander Naillen as his affidavit shows
O. Directly with him? \. There supplemental let,