The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-10-31
the INJUNCTION
Outn q full ssesr,ce ana petermlns
Won OF the Numerous tissues
which ere involved
tFrom Saturdays Daily

tffbm SdtufutA Igdlla.l
Judge Perry has filed his decision on
the motion 10 dissolve the temporary
injunction in the case OF Thomas :
Southwick against the Hawaiian Tram
ways Company. The motion is denied
Following is the language OF the deoi-
sion:
lin support OF the motion under con
sideration four grounds are stated
0) That the complainant IL not 9
member of the respondent corporation
because he has not registered on it,
books the transfer of stock TO himself:
(2) That complainant purchased his
stock after the acts sought 10 be re-
strained had been performed by The
corporation and with knowledge q.
such performance, f3) That complain
ant has not exhausted his remedy with
in the corporation Itself: and lsD Thai
the acts complained OF are not beyonc
the power of the respondent
The first and second grounds ars
based upon the statement contained II
an affidavit flied herein, that afiiant d,
Informed and believes that plaintiff IL
a clerk of said w r. Castle. and thai
any stock which he may have acquired
by transfer or assignment does MOI
stand In his name upon the books q.
defendant, and was acquired between
the 10th Of October and the 18th ui
October. 1899. the time OF the COM
mencement Of this action, and WAS ~
acquired solely for the purpose q IL
shutting this action and of rerinr
harassing and impeding the defendant
In its legitimate business and upon
other facts therein srerred. -enoinr 20
show that on the alleged Gate OF his
purchase OF stock complainant had
knowledge Of the dong OF the acts
complained Of The allegation Of the
Jill is positive and direct that the CON-
plsinant ie a member Of and srock-
holder in the respondent oorJ,orafsOr
Assuming that il is q requisite IN order
10 constitute membership in tins our
porauon that the stockholder staull
register the stock in his own name On
the books Of the company, still there
is no sufficient srerment in -he All
dayit that the complainant has nu1 nc
registered il: the srernent az n STANDS
is solely on information and belSef
Such latter allegation ~ insufficient 10
contradict the positive Statement Ct -bs
bin or justify the dissolution of -hs
temporary injunction. so also q "a.
allegation of the date when eoraxlzir-
ant purchased the sock: that. too. Il
solely on information and a,eli.f- IN.
facts in this connection. II material
can be aseertained with greater csr-
tainiy Of the trial.
No opinion is now oppressed az %
whether or not complainant CAB u.
heard In these proceedings Il hs gsUr-
chased the stock with knONle6Ee rhs-
the acts complained 81 were bs5nx
done, or purchased II for the purgs0se q
bringing this suit. OF as 10 wheeler 90
not he is entitled TO sue NfrhOu- regis
tering the transfer Of the stock 10 hi.n-
self.
The third ground is in my 0Bini0r
untenable, upon the allegations Of the
bill as TO ownership Of a majority o.
the stock and residence Of 4 majority
of the directors abroad.
The fourth ground has NOT been ful.
ly argued. and is therefore not nov
considered.
The temporary injunction is con
inued. pending a bearing and deterrni-
nation of the issues involved. Morton
denied"