The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-01-12
Continued from 1St pagel

NcN't'thVCU y'ONV t"t F''HN'N
as lit was liable to affect the credit of
the company. The company therefore
got Mr.. Southwick to buy some Of the
Tram Company's stock and raise the
questions involved, by bringing suit
as a stakeholder to test the TRAM Com
pany's powers in the matter. This
both the Tram Company and Mr..
Southwick had a right to do, Judge
Perry to the contrary notwithstanding
ing. uth
This was a bona fide attempt on the
part of the Rapid Transit Company to
secure Interpretation by the court of
the respective rights of the two COM
panies.
"The Tram Company did not meet
the question on its merits but contend
ed that the fact that the Rapid Transit
Company had induced Southwick to
bring the suit should throw the case
out of court. Southwick claimed that
the court had nothing to do with his
motives; that as owner of the stock
which he held he was ENTITLED to know
what rights the Tram Company had,
and to have it stop spending money If
it was exceeding its franchise in any
respect. Judge Perry upheld the con-
tention of the Tram Company, and re-
FUSED to enjoin it from laying track on
the makai side of King street
"The Tram Company thereupon be-
gan laying track at Palace Square on
the location granted to the Rapid
Transit Company. The latter company
thereupon brought an injunction suit
to prevent it. Judge Perry refused to
grant preliminary injunction to keep
matters in statu quo, until the rights
of the companies were decided prac-
tically ruling that the two companies
could fight it out between themselves,
and he would hear the case In due
time. Under existing circumstances
this meant decision some months
hence, after the Tram Company had
occupied our location throughout King
street.
"The Rapid Transit Company was
reluctant to adopt force to protect it's
rights and thereupon again applied, on
Monday last, to the Government, re-
| questing that, as the court had declln-
ed to act, the Minister of Interior or
der the Tram Company to lay its track
on the mauka side. The Government
sent for Mr.. Neumann and requested
HIM to desist from track laying until
u4e rights of the two companies were
settled by the court. We offered if
this were done to withdraw our re-
quest to the Government and to agree
| to take no action pending decision.
Mr.. Neumann said he was favorable to
the proposition, but wished to consult
Mr.. Pain. He said he would give
reply on Tuesday morning. He stated
also that the Tram Company did not
intend to modest the track of the Rapid
Transit Company, and until an under
standing was reached they would not
go beyond Alakea street. On Wednes-
udy WI. 4Neumduu LHdue ITO reply, UuL
Mr.. Pain kept right on laying track.
On Wednesday he removed the Rapid
Transit Companys track contrary to
the promise of Mr.. Neumann.
eve again called the attention of
the Government to the situation and
asked for action, stating that If they
did not act we would be compelled to,
which might result in possible breach
of the peace. They sent for Mr. Neu-
mann and he formally refused to stop
track laying. We then informed the
Government that the RAPID Transit
Company would take immediate steps
to protect itself. We were requested
not to do So as the Government would
take action the first thing this morn
ing.
1--WE waited until noon today when
we were informed that the Govern
ment had not ordered the Tram Com
pany to lay their track on the mauka
side of the street, but would again re
quest" them to stop work unit. decl-
sion of court was made. Meanwhile
Mr.. Pains gang of laborers had cross
ed Alakea street, and were approach
ing our second section of track.
"The court having refused and the