The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-10-13
IljlletiDn Served On Hawaiian
TnnVays Company.
lOusr NOT Law SECOND TRACK
proceediags Brought Against the
Company By oae Of lts Own
Stockh olders.
From Thursdays Daily.D

ways Company have commenced, Dut
apparently they have arisen from a
source not dreamed of-dissension In
their own ranks. T. s. Southwick, a
stakeholder Of the company, seeks to|
,enjoin it from tearing up and excava-
ting King street for the purpose Of con-
structing a 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 its
cars along said rails by the overhead
trolley system with posts erected in
said street to carry the overhead wires
used in connection Herewith, on the
ground that in so doing the company
will expend large sums Of money and
thereby lessen the value Of plaintiffs
stock in said company and jeopardize
his property interests therein. Wheth-
er the fine Italian hand" of the Rapid
Transit Company, as Hon. Paul Nsu-
mann facetiOusly calls 1t, is to be
found in connection with the institu-
ton of this suit is a matter which the
public can Judge after reading the COM
plant.
The papers in the case were filed in
the clerks office shortly before s
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
ha A. a.
were handed to Patrolman Nelson for
service on Manager w. II. Pain. Serv-
ice was made at $50 p. m. and the in
junction at once went into force and
stu 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 s. Southwick, plaintiff, VS.. the
Hawaiian Tramways Company, de-
PENDANT.
BILL FOR INJUNCTION.
To the Honorable A. Perry, First
Judge of the Circuit Court OF the
First Judicial Circuit:
The petition or Thomas $. Southwfck
of the City of Honolulu, Island OF GA
hu, Hawaiian Islands, respectfully
represents as follows:
|. That plaintiff is resident OF the
City of Honolulu and Is member of
and stakeholder in the Hawaiian
Tramways Company, defendant herein.
.. That defendant is a foreign cor
poration controlling and operating
street railway, or tram, in Honolulu,
in the Hawaiian Islands, and in such
control and operation occupies and
uses and has the right TO occupy and
use a single-track tramway on King
street, in said Honolulu. as well as on
and upon other streets in said city.
3. That the capital OF said corpora
ton is divided into shares.
4. That on Monday, the 9th day of
October, 1899, certain persons acting.
as plaintiff is informed and verify be-
lieves and on such information and
belief alleges, as the servants and
agents, and as and for the act of said
Hawaiian Tramways Company, the
said defendant, commenced tearing up
and eNcavating said King street, and
are now tearing up and eXcavating said
King street and are now tearing up
and eXcavating the same, and are now
constructing, or about to construct, an
other track for the occupancy and use
of said Hawaiian Tramways Company
in the manner hereinafter set forth.
And your petitioner further alleges
that defendant Is already occupying
one track on said King street and
threatens and Is now tearing up and
eXcavating said King street for the
NV AA %
track on said street parallel with the
said first track, which said track SO
threatened to be laid by the defendant
herein is girder rail bound with cop
per bonds for the purpose of transmit
ting electric power and that defendant
threatens to use electric power for the
propulsion of its cars along said rails
by the overhead trolley system with
posts erected In the said street to car
ny the overhead wires used in connec-
ton with said system: all of which
acts now being done and threatened to
he done are Illegal for the reason that
said defendant has no right or author
ity or power under the law or other
wise 10 lay said second track on King
street AT this time. nor To lay glrder
rall bound with copper bonds for the
purpose aforesaid. nor To lay a glrder
rail AT all, nor TO use electric power as
Aforesaid for the propulsion of its ears.
q. That In the doing Of the aforesaid
Illegal acts, saSi defendant threatens
ana Is expanding large sums ol money
ana In lessenlng thereby the value OF
plaintiffs stock In said company ana
leopardillng plnsn,iffs property inter
.sls therein.
Z, That said aforesaid acts done and
threatened Ia be done are Illegal and
beyond the charter NJ said defendant
company, aud In the doing OF them
said company IN inonrring the liability
~ forfeltnr. ~ It's said charter and
the interest ~ plalntin In said com,
paDy 10 thereby being laopardl1od by
The said Illegal acts.
4, Thai u would be- vain ana usalass
for plaintin 10 appeal Ia the board OF
directors ~ said sompany fof fnafas.
IN The premises Tor that plalnlin IA lH,
formed and believes u IA b. irg4 aud
upon such information and belief al
hvss that = majority NJ The stock VI