The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-31

craft Of draught, whatsoever and upon al land and
water he being owned 10y Republic of Hawaii he
the land above described deep water in Honolulu
harbo and every thereof and the right it.
and assigns SAIL otherwise transport vessel. anil all
other crafts of whatsoever aught across and over the
said right of and every portion thereof copy
notice is hereto attached and made part marked
Exhibit B.
That said land and right Of proposed be appropriated
by the defendant being used for public purposes
for the sailing. navigation and anchorage Of vessels.
That the which said property being put present
time and the which the Is about lie put a
necessary public than that sought TO be sppr
priated by the defendant.
That the Government Of the Republic Hawaii authorized
and empowered by law only take all belonging
any person persons corporations together with all
and improvements thereon franchises appu
thereunto belonging and all property appropriated
public where appears thai the which said
property is sought to be put necessary public than
that which has already been appropriated but retain all
property vested which being used public purposes aud
which is intended to be used for said purposes.
That the proposed action part defendant
authority justification by law. and if permitted pro-
ceed will work eparable injury the Government of the
Republic of Hawaii and the public rights and interest. in
navigation, shipping and wharfage, above forth, and i
contrary the sovereign rights of the Republic Of Hawaii in
the ownership of Its property
Wherefore petitioner that the said Oahu Railway
Land Company Limited may be enoned by the mandate of
this Honorable Court deist and refrain from proceeding
aforesaid and that writ of Injunction prohibiting the
defendant its attorneys and agents from going with
the proceedings condemn said property aforesaid and from
entering upon taking possession of any wise interfering
with the rights of the Hawaiian Government in the premises
aforesaid exercising part any rights of ownership and
for such other and further relief the
After injunction issued by Judge Stanley motion of plain
tiff and modification of injunction by defendant demurrer.
and decision dmng the BILL such decision being sub
mitted to by plaintiff plaintiff took general appeal this
We do in view of the general appeal deem
enlarge upon detail the above steps taken in the
The question before is whether the plaintiff has
right perpetual injunction prevent the defendant
pny from condemning under alleged right exercise emf
domain, the property in question This property ad
mted be that of the Hawaii and the
land described under navgbe the harbor of Honolulu.
Whether be taken by the defendant company depends
upon several considerations If the property in question
subject the defendants right of condemnation the injunction
properly issued and should perpetual This
of this Sugar 20. KahWiri
X. r. Co. page 40, ante.
In order ascertain whether the property question sui
ect defendants condemnation proceedings must first
slider the of the property That the habo and channel
of this property and that such property
well harbor improvements construction and repair of public
whare &c. under the and supervision of the Minister
the evidenced by 16a 1876, 49, 16?.
and 5O7 of the Civil Laws of 1897.
1t not denied defendant company i under the gen
Railroad and has with the Minister
Interior has the right condemn property for public
railroad 1t holds the ii the the delegated
right to exercise eminent domain
Judge Cooley defines Eminent Domain h. ''the rshful
authority which exists every sovereignty control and
late public which pertain I" it, Cztn-
in common and appropriate individual property
for the public benefit Cooley Con>t. Im Sec. 52i I'd
Ed This author also that Of those complete
any the part of the i the with
the rights navigation AMI public rivers. and
no specific legislative authority i required in order that the
may public property for public and there
judicial the fact = ii such
wish to po>-itlc the right 81 the