The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-20
MUST NOT
LAY TRACK
Injunction Against the
TramWays.
PAIN CITED TO APPEAR
Superintendent of Public Works
Sues for Order Which is
Temporarily Granted.

J. a. McCandless, superintendent of
Public Works, has obtained tempo
rary injunction against tie Hawaiian
Tramways Company. Limited. and SER,
vice of the same was made upon w. II.
Pain. Manager of the Tramways Com
IaIy al O'Clock last evening.
The restraining order is signed by A.
:. Humphreys. Judge of the First Cir
cult Court, and orders the defendant
company To appear before him on
August %, 1900. TO show cause why an
injunction should not issue against
them restraining them from construct
IL a double track on Beretania street,
or from connecting for a switch. the
present track and the new track laid
on King street between the Judiciary
building ard Fort street.
The plaintiff in his petition states
that the Tramways Company has de-
MED and defed the authority of the
Government TO prevent the company
from proceeding with constructing
whatever tracks il sees fit. stating that
such course would be pursued unless
they were prevented by physical force.
Tie petition asking for a restraining
order, reads as follows:
]. A. McCandless, Superintendent of
Futlic works, complains against the
Hawaiian Tramways Company. and says:
That the Hawaiian Tramways Company
claims 10 be a foreign corporation exist
Ing under the laws CT Great Britain and
IreiaTd ard Going business under the
laws Cf tie. T"vrltcfy OF Hawaii, In Ho-
! BoltcI in naintanir and operating a
street railway along and upon King and
Beretania streets in sad Honolulu under
and BY virtue Of the ac OF the Hawaii
an Legislature hereinafter set forth.
/ That under and by virtue of the law
known as chapter "a Of the Hawaiian Ses-
sion Laws Of 1884, the right was granted
/ to WIN. r. Austin. or such corporation
10 be Incorporated. to construct, maintain
and operate for the term of thirty years
from the passage of the last mentioned
act, single-track railway, with all nee
essary curves, switches. or double-track
street railway, along and upon certain
streets in Honolulu, and among them
King and Beretania streets.
That the rights and privileges granted
to the said VIM. Austin, associates and
assigns were granted upon such terms as
, were imposed by said Acts, and strict
! compliance with all the provisions OF
said laws was and is required.
! That the defendant, the Hawaiian
Tramways Company, is or claims to b'
: the lawful successor to said VIM. X
| Austin.
That the defendant and it's predecessor
was and is required, among other things
TO construct sa.d railway in such a man
ner as will cause the least obstruction L
: the free use of the streets In which !
may be laid down; TO construct sal
tracks as nearly possible in the mid
die of said streets. unless otherwise di
rected. The rails of said railroad sha
he so laid and the track so constructe
that the same sha.i not interfere or pre-
vent any other railroad company hereaft
: or TO be formed, from crossing the road
r herein mentioned at any point.
n That at all times mentioned in this bi
Z prior to June IA. 1900. the Minister of til
: Interior was charged with the superiT
4 tendence and management of the inter
= nal improvements of the Government, il
Guiding Honolulu, and he has full charg
Of all highways therein.
= That on the 14th day of June the power
of the Minister of Interior became veste
u in the Superintendent of Public Works.
& That shortly prior TO the 11th day
January, 1900, the defendant began Lar
. . . . . . . . . . . . Q Q o q . q