The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-01-12
TRACK IS LAID
Continued from Page p

Continued from Page p
/ Tram COmpany's stock and raise the
/ questions inyolyed, 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.
This was a bona fde attempt on the
/ part of the Rapid Transit Company TO
/ secure Interpretation by the court of
+ the respective rights Of the two com
/ panies.
Tram Company Dodges.
The Tram Company did not meet
/ the question on it's merits but contend
ed that the fact that the Rapid Transit
/ Company had induced SOuthwick 70
! 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
I the makai side OF King street.
The Tram Company thereupon be-
gan laying track at Palace Square on
the location granted 20 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 a decision some months
hence. after the Tram Company had
occupied our location throughout King
street
Executive Appealed To.
THE Rapid Transit Company was
reluctant TO adopt force to protect its
rights and thereupOn again applied, on
Monday last. TO the Government, re-
questing that. as the court had declIn-
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
I.e 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 a decision.
Mr. Neumann said he was favorable to
the proposition, but wished to consult
Mr.. Pain. He said he would give a
reply on Tuesday morning. He stated
also that the fran 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-
day -Ar. Neumann made no reply, but
Mr.. Pain kept right on laying track.
[ On Wednesday he removed the Rapid
/ Transit COmpany's track contrary TO
the promise of Mr. Neumann.
We 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 a 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.
I'VE 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 ere
quest them to stop work unit. a deci-
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
Executive having failed to protect
their rights, and the Tram Company
having already refused the Govern
ment's request, the Directors of the
Rapid Transit Co. felt that it was
incumbent upon them TO move for self
protection, and accordingly the mana
ger, Mr.. Ballentyne, was instructed to
proceed and use whatever force was
necessary to prevent the Tram Com
pany from further encroaching upon
our location, and to occupy It with
Rapid Transit rails and use such force
as might be necessary to keep them
there until they are lawfully removed
II regret exceedingly that We were
forced to take this action, but it had
arrived at the pass where We must
either act or quit the business, and we
do not propose to quit"