The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-12

8. That in the doing os th. aforesaid
Illegal acts. said defendant threatens
and - expanding large sums of money
and - lessrning thereby the value of
plaintiffs stock In said company and
plaintiffs property inter
csts therein.
:. That said aforesaid acts done and
threatened 10 bc done are ilieEai and
beyond the charter of said defendant
company. and Ia the doing of them.
said company IL incurrine the liability
of forfeiture of its said charter and
the interest OF plaintiff IN said com
pany - thereby being yeopardszed by
the said iiicEai acts.
= That "a would bc vain and useless
for plaintir to appeal 90 the board of
directors of said company for redress
in the premises for that plaintiff ts In
formed and believes a. 10 bc true and
usyon such information and belief al
lescS that n majority of the stock al
defendant company ~ owned and con
trollcd abroad. and that a majority of
the board Of directors Of said company
have been given and are assuming
power 10 ac; ia ali matters tn the
premises. and such majority are acting
IN the prosecution Of the aforesaid fiie-
gal acts. and are 90 acting with the
consent and approval and under the
control and authority of the foreign
holders of said majority of said
stock. And further that your pc;i;sou-
81 has no power To call n meeting al
said board OF directors. even were o.
not a vain and useless thing 60 To do.
and further that said board Of direct
ors claim and assert tha; said aforc-
said acts are legal and within the
charter powers of said company.
such acts and dosnEsof defendant bosh
actual and threatened. are ultra wires
and contrary io equity and GOOD cum
science and that u such acts are al
loved to proceed this plaintiff win
suffer irrcpsrablc loss. damage and In
jury. apd that plaintiff has no plain.
certain. complete or adequate remedy
| at law.
Wherefore plaintiff prsyx that sn
injunction order may Issue forthwith
under the seal OF this honorable
court directed TO said defendant. its
servants and agents cngoining and re-
straininE them. and earh of them. from
tearing up and c1czvaiine on said
King Stree; for the purposes aforesaid
a. from laying any additional or ncx
track or portion thereof along or upon
any part of said King stroes. and from
laying any Eirdcr rails bound with
copper bonds for the purpose Of trans
mitting electric power for the propui-
sion OF its cars along said rails by shs
overhead trolley system with posi-,
erected tn the said street To- carry tho
overhead wires used in connection
with said system. until the further or
der of this honorable court IN Inc
premises.
That process may ikE1c citing said
defendant to appear and answer thi,
petition and show cause. IL any u has
Why such injunction should not d
made perpetual
Il For his costs herein and for such
other and further relief as shall n
irSt and meet ia the premises.
Dated. Honolulu. October II. 1893.
Subscribed and duly sworn to.
ii Upon reading the foregoing petittor
and upon fiiinx by petitioner of boot
OF indemnity to said defendant IN tn
sum of f-ysc0.-lct a restraining or6es
: az prayed for issue forthwith with pro
oeka az usual directed TO said defend
) ant. ste servants and agents. rcinrnsbi.
Z before me 40 any time.
=. PERRY.
Judge Df Circuit Court. Firss Cirnuti-
Dated. October ~. 1879.