The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-12
Injunction Served on Hawaiian
TfanVays Company.
MUST NOT LAY SECOND TRACK
Proceedings Brought Against the
Company BY One Of It's Own
Stockholders.

ways Company have commenced. but
apparently they have arisen from n
source not dreamed of-disscnsion in
their own ranks. T. :. Souihwiek. n
stockholdcr of the company. seeks TO
cnjoin IL from tearing up and cxcava-
ting King street for the purpose OF con-
strIctinE n second track. and from lay
ing a girder rail bound with copper
bonds on said street. and from using
electric power for the propulsion OF It's
cars along said rails by the overhead
trolley system with posts erected In
said street tn carry the overhead wires
used in connection Herewith. on the
ground that in 80 doing the company
will eXpcnd large sums of money and
thereby lessen the value of plaintiffs
stock in said company and ieopardtEc
his property interests therein. whcth-
er the fine Italian hand" of the Rapid
Transit Company. as Hon. Paul Neu-
mann faCctiously calls u. is to bc
found in connection with the institu-
tion of this suit is n matter which the
public can Judge after reading the COM
plaint.
The papers in the case were fled in
the clerks Office shortly before 5
o'clock yesterday afternoon and the or
der for the temporary INJUNCTION
prayed for was signed by Judge Perry.
The papers were then sent to the Mar
| shal's Office for service. and as soon as
| the necessary copies were made they
| were handed to- Patroiman NELSON for
service ON Manager W. u. Pain. Scry-
ice was made at $40 .. IN. and the in
junction at once went into force and
stsll holds good.
| Following Is "A full copy of the bill
and restraining order:
In the Circuit Court OF the First Judi
cial Circuit--At Chambers. in
Equity.
Thomas :. Southwick. plaintiff. rs. the
Hawaiian Tramwsys Company. de-
fendant.
| BILL FOR INJUNCTION.
To the Honorable a. Perry. First
| Judge OF the Circuit Court of the
| First Judicial Circuit:
| The petition of Thomas :. Southwick
of the City OF Honolulu. island OF oz-
hu. Hawaiian Islands. respectfully
represents as follows:
| !. That plaintiff Is n resident OF the
and a stockholdcr in the Hawaiian
lTramways Company. defendant herein.
.. That defendant IL n foreign cor
poration controlling and operating a
street railway. or tram. in HonDlulu
in the Hawaiian Islands. and in such
control and operation occupies and
uses and has th. right to occupy and
use a stnEie-track tramWsy on kinE
street. in said Honolulu. as sell as url
and upon other streets IN said city.
,. That the capital og said corpora
ton is divided into shares
:. That ON Monday. the sth dap U'
October. 1888. certain persons acting
"a plaintiff is informed aud verify b~.
l.evss. and ou such Information and
belief alleges. as the servants and
agents. and as and for the act nf said
Hawaiian TrsmWayS Company. ths
said defendant. commenced tearing uT
and cxcavatinE said King street ans
are now tearing up and exravsiinE said
King street and are now tearing uT
and cxravatinE the same. and are nos
constructing. ur about TO construct. an.
other track for th" occupancy and uss
uf said Hawaiian TramWays COMPANY
iu the manner hereinafter Ert forth.
And your petitioner further sIl@<ei
that defendant ts already occupying
one track on said King street ans
threatens and - now tearing up ans
eXcavatink said King street for IA
aVowsd purpose % laying = sccons
track on said street parallel With th,
said first track. which said track ~
threatened to b. laid by the detcndsn
herein is a Eirisr rail hound with cop
per bonds for the purpose of transms
ting electric power and that dcfcndsn
threatens to use electric power for IN
propulsion ot its cars along said rail
by the overhead trolley system Witl
posts erected Ia the said street to car
~ the overhead wires used IN uonnsr
t!uu with said system: all of whirl
acts now being done and threatened q
b. done are Illegal for th" reason tha
said defendant has no right OF author
) ity or power under tho Law or o;h.g
wise to- lay said second track on Kin
street at this time. nor to law q Eirdc
rail bound with copper bonds for th
purpose aforesaid. nor to lay a Eirde
III