The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-03-29
ANSWER is MADE
all RiilF3I CgHnlJ RalIa
ID The Government
Alleged That tr-s Public Desires 20
Create = E1oropoy for Icsslf-A--
zuns1t On Azroo- Sights

49, No.
Lard Company as left. pending by Chs
demurrer decision q Judge S-zz,sy
EI=t IN the C1rcu5c Court 4 few days
ago- N answer has been lied nv the
Defendant corporation ne reply II
cIutzs ! series Of charges eovs--s
about Z dozen long pages Of Jyrswr-c-
ing Many direct 2legaticrs against
The Government are lodged Following
are excerpts from the answer
Defendant admits 5ha5 the Hawai-
ian Government has started 70 make
c=r-a1- w12-vss II the b2rbo- Of Homo
L-l- and plans further wharvsS Chs-s-
IN hui Gcubcs whether the sane Cr the
pans thereof can b c11raeIsrlZsG Is
Improvements 20 said hzr6or, and a.
-szes CE1C The Improvements and plans
Of improvement adopted by The officials
OF rEa Hawaiian Government 80 tG-
Is C1s public has been admitted 70 :
E--ELsGzs thereof indicate thai tbs
Hawaiian Government = adopting
plans rE21 viii deslrcE = large amount
Of available wharf room II the baracr
q EC-c--lu and defendant charges
-tat the plans laid OUT are without
authority Or sanction Of law OF the
L5z[S-1Cure and rest IN the mere IuCsu-
r1Gc Cr hope Of the present G3mLriSc-G-
-acz and nay De abandoned at any
TINE. and that SEct plans indicate that
rhe main PURPOSES thereof : 10 reach
and destroy the Gsts1dauE's right 10 &C
Quirs any wharf ruQu II the b2-bO-
Of Honolulu and ID reach and take
away truu the defendant It's trsIght2sa
business II Honolulu hGroor, which
the defendant charges Cts Hawaiian
Government cCTeCs for its Owl ussS
and purposes and that the alleged
wharf Improvements II carried out
would do L5CrIs 10 meet the real re-
QufrsusnEs Of shipping Commerce and
trade. though Il would accomplish. II
the Court does EoC intervene, the seIz-
Urs and absorption OF the trade and
absorption OF the trade and wharfage
business builr up by Che defendant cor
por1rio1 UPON the strength Of iCs char
Ter. the railroad laws Of this COUNTY,
and & special contract made between
the Hawaiian Government and The Ge-
t=rtanL corporation
This defendant denies that The
wharf land OF the Hawaiian Govern
mani according 10 plans given OUr 10
The public, Il 50 taken viii b taken
under any powers vested II il by law.
And while admitting that the Hawai-
ian Government proposes 70 take all
/ The wharf ro1u Of the hzrbor and 70
create monopoly thereof IN behalf OF
The Republic denies that the purpose OF
taking sle1 wharf room Is 10 erect
. and maintain publ. WARES and fur
Their denies that tie wharf property
named n The complaint Is necessary
10 b taken tT tie Hawaiian Govern
U=E- for The purposes Of erecting
and maintaining WLarV=s. defendant
alleging -1= truth 70 b that the uur-
pose Of ne Hawaiian Government n
shifting cuL all CECiZ=Es- private Dzr-
-=s- and corporations from access %
The EzFbC- CE Honolulu except over
w-zrV=s constructed and owned bv
the Government i primarily 10 secure
The wharf trade nov enjoyed by The
defendant corporation and By others
having interest II and owning wharf
rOO1 On said hzr5cr- and defendant
denies chat it Is the purpose Or plan Of
The Government 10 utilize even the
wharf lands that II now las II lis IN
disputed possession and control. and
n this connection Defendant alleges
that the plaintiff are arranging their
plans for The exclusive occupation OF
HO10I1L1 hzrbOr 50 - 70 destroy The
rights Of this defendant corporation 10
any LzT5Cr front thereon without the
Inconvenience or expense Of couDsn-
sarLo1 ID the defendant corporation for
damages which would result ID il from
such exclusion
The defendant denies that the and
covered By said notice Is being used for
public purposes or for the sailing nzvi-
gzLiOu and anchorage Of Tesse-s, but
says the truth l. that the only portion
Of said land Or right OF way that L
put 70 any Use, IS that portion occupied
by the WARES and slips built and
used By defendant and Z narrow right
Of way thereto from Honolulu hzrbor
and that such Use Is exclusively By de-
PENDANT and that Otherwise the land
condemned By the defendant eorporz-
lion consists Is the Plaintiffs CON-
plant alleges. Or unr5clzimed and IN
used land within the e5b and HoE, but
100 shallow for vessels.
Defendant charges and says that
By virEue % laws and contracts il has
z vested power 10 acquire and eajoy
sufficient wharf room upon The hzrbo-
q Hon0IaLa, for the purposes Of Tie
business II L authorized 70 5r1n5te
and carry On under the laws Ind con-
tracts Aforesaid
Defendant charges that any zrEsrDt
by the plaintiff Or any other d<2art-
meut Of the Hawaiian Government IN
the face Of said contracts and Law. 70
shut ont the defendant from the right
20 acquire such wharf room as sfore-
said i z breach 81 good faith On the
part d the Hawaiian Government and
Z reputation 81 itz contract o5liza-
tons and that the Hawaiian Govern
meIr es5Opped IN this form Of equity
and good Conscience and By law. from
accomplishing It's purposes Aforesaid
and IoIprevsnt defendant from con-
demning the land and rights sought 10
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