The Hawaiian gazette., 1899-10-31
THE INJUNCTION
Against Tramway Com
pany to Stand.
untii q Full Hearing and Determine.
zion Of the Numerous Issues
which are involved
From Saturdays Daily

trTOIu outuTuhy DdiIs)
Judge Perry has fled his decision on
the motion to dissolve the temporary
injunction in the case Of Thomas s.
Southwick against the Hawaiian Tram
ways Company. The motion is denied.
Following is the language of the deci-
sion:
I'm support OF the motion under con-
sideration four grounds are stated:
"a That the complainant is not a
member Of the respondent corporation
because he has not registered on its
books the transfer of stock to himself;
(2) That complainant purchased his
stock after the acts sought to be re-
strained had been performed by the
corporation and with knowledge Of
ant has not exhausted his remedy with
in the corporation itself; and az That
the acts complained OF are not beyond
the power Of the respondent.
THE first and second grounds are
based upon the statement contained in
an affidavit filed herein, that afiiant is
informed and believes that plaintiff is
a clerk Of said w. X. Castle, and that
any stock which he may have acquired
by transfer or assignment does not
stand In his name upon the books of
defendant, and was acquired between
the 10th Of October and the 18th Of
October, 1899. the time of the COM
mencement Of this action, and was SO
acquired solely for the purpose Of in
shutting this action and OF vexing,
harassing and impeding the defendant
In its legitimate business, and upon
other facts therein averred, tending to
show that on the alleged date of his
purchase Of stock complainant had
knowledge of the doing OF the acts
complained OF. The allegation of the
bill Is positive and direct that the COM
plainant Is q member of and stock
holder In the respondent corporation.
Assuming that 1t Is a requisite in order
to constitute membership in this cor
poration that the stakeholder should
register the stock in his own name on
the books Of the company, still there
is no sufficient averment In the afii-
davit that the complainant has not SO
registered 1t: the averment as 1t stands
Is solely on Information and belief.
Such latter allegation is insufficient to
contradict the positive statement of the
bill or justify the dissolution of the
temporary injunction. So also of the
allegation of the date when complain
ant purchased the stock: that, too, is
solely on information and belief. The
facts in this connection, If material,
can be ascertained with greater GER
tainty at the trial.
mo opinion is now expressed as 10
whether or not complainant can be
heard In these proceedings II he pur-
chased the stock with knowledge that
the acts complained of were being
done, or purchased 1t for the purpose of
bringing this suit, OF as TO whether or
not he is entitled to sue without regis
tering the transfer of the stock TO him
self.
THE third ground is in my opinion
unterable, upon the allegations of the
bill as to ownership of majority of
the stock and residence of majority
of the directors abroad.
The fourth ground has not been full
ly argued, and is therefore not now
considered
The temporary injunction is con-
tinued, pending hearing and determi-
nation of the issues involved Motion
denied"