The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-10-17
THE TRAMWAYC CO.
Moves to Dissolve the
Injunction.
Assidsv, OF Manager Pain and q
Letter from the Rapid Transit
Company's Attorney.

In the case of Thomas 5. Southwick
vs.. the Hawaiian Tramways Company.
a bill for injunction. the defendant
yesterday fled a motion in the Circuit
Court to dissolve the injunction here
tofore issued for the reasons set out In
the sfhdAvit Of w. II. Pain, OF which
the following Ii a copy:
AFFlDAvlT OF WM. II. PAIN.
Hawaiian Islands, Island Of Oahu, IS.
VIM. H. Pain, being duly sworn. on
his oath deposes and says: That affi-
ant ia the general manager of defend
ant and AZ such has the control and
management Of the property and bust
ness Of defendant; that this action
was commenced on the 18th day of Oc-
tober, A. ID. 1899, and process served
upon him on the morning of that day;
that this honorable court in said ac-
ton granted its injunction enjoining
the defendant. its servants, agents and
attorneys from tearing up and excava-
ting HING street for the purpose of
constructing second track along said
King street, and from laying a girder
rail bound with copper bonds on said
King street, and from using electric
power for tue propulsion OF it's cars
along said rails by the overhead troll
ley system with posts erected in said
street to carry the overhead wires
used In connection with said system,
until the further order or decree of
this court; that under an act OF the
Legislature Of the Kingdom of Hawaii,
designated as Chapter XVIII OF the
Session Laws Of 1856, the right was
granted to the assignor Of defendant
William X. Austin, to construct. lay
down, maintain and operate a single
track street railway with all the nee
| essary curves, switches and turnouts
or double-track street railway through
certain streets in Honolulu mentioned
In said act, and among said streets,
through King street, the street men
toned in plaintiffs bill, which tight
was granted upon this condition
among others: that the rails used In
making track shall be fiat rails only
and in no case shall the use of T rails
be allowed; that on the 9Th day of
June, 1899, this affiant notified the
Minister Of the Interior OF the defend
ants intention to lay n double track
on King street, and that on the 21st
day OF July, following, the Executive
Council of the Republic of Hawaii
passed it's resolution permitting de-
PENDANT to lay such double track; that
Immediately after the adoption of said
resolution defendant began it's work
and continued to do so, in conformity
with the conditions OF the act afore-
said, until enjOined by the order of
this honorable court; that on the 9th
day Of October. 1899, the Executive
Council aforesaid approved the use of
the rail which WAS laid by defendant:
that from said 21st day of July. 1899,
the defendant was tearing up and ex-
cavating said King street for the pur-
pose Of constructing "a second track
along thereof, and that the fact of de-
fendant's doing said work was mat
ter Of public notoriety In Honolulu,
mentioned and discussed In the news
papers published therein; that on Oc-
tcDer 10, 1899, defendant received a
communication from w. r. Castle
Esq, attorney for the Honolulu RAND
Transit 4 Land Company, a copy
whereof Is hereto attached and made a
part hereof, marked Exhibit A; that
afiiaDt is Informed and believes that
plaintiff Is clerk of said w. r. 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
commencement of this action, and
was so acquired solely for the purpose
of instituting this action and OF vex-
ing, harassing and impeding the de-
fendant ia its legitimate BUSINESS and
affiant further says that NO attempt
has been made by defendant. or It's
agents or servants, TO use electric pow
er for the propulsion of its cars, nor
have any threats whatever been made
TO do so; and that no illegal act what
ever has been done or threatened to be
done in the carrying ON Of the busi-
ness or laying Of the track of defend
ant. Afiiant further says that the acts
done by him as agent and servant Of
defendant are not beyond the power OF
defendant; and that no interest of
plaintiff in the defendant corporation
is being jeopardized by any act OF de-
PENDANT; but that, on the contrary, all
the acts heretofore done or contempla-
ted TO be done by defendant are for the
benefit Of the stockholders OF the cor
poratlon.