The Hawaiian gazette., 1900-01-12

from the NuulNn uTltEc 10 lIl Ill as
Square, to lay its tracks. The Gov
ernneut thereupOn formally approve
a location, makai Of the CEN err line OF
King street, by metes and bounds. cN-
tending from the river to the Sruare.
This location was marked through ut
by iron pins and, az the permanent
rails OF the Rapid Transit Company
had not arrived, they procured ten
porary rails and laid sections in each
book, as evidence Of ac,ual ocgupa-
ton.
Reason OF Tram Companys Act on.
For the fifteen years of its exist
ence the Tram Company has never
found any need for a double track;
as soon as II learned that the Rapid
Transit Company was seeking 10 en-
Ter the city on King street, II suddenly
conceived longing for double track
system. Incidentally it figured that by
shifting its single track from the cen er
10 one side and then putting another
track part way between the m id e
and the opposite edge of the street 1t
would fill up so much of the street that
there would be no room left for the
Rapid Transit track. 1t thereupon sent
TO San Francisco and obtained few
rails with which ii initiate its gnme
of blocking ont the RAPID Transit
Company.
The Tram Company's franchise
makes the location OF that company's
track subject absolutely to the direc-
ton of the Minister of the INFERIOR
He can direct that 1t be laid either in
Inc middle or on either s!oe OF any
street. The hapid Transit Comp NY
thereupon requested the Government
10 protect the location which 1t had
granted, by ordering the Tram Com
pany to lay it's second track. If any
more to be laid, on the opposite side
of the street. The Government replied
that they wanted the companies to liti-
gate their respective righs.
'The Rapid Transit thereupon sus-
gested orally to Paul Neumann. at or
ney for the Tram Company. tina. an
agreed statement of facts he submitted
to the Supreme Court, which should
thereupon decide the respect.ve rights
of the companies. Mr. Neumann said
that he favored 1t. The prop si''on
was then submitted to him in writing.
but he has never replied to it, We then
prepared a bin OF Injunction to SOP
the Tram Company from oc7upving
the location granted bv the Govern
men to the Rapid Transit Company
President McKinley's Order.
Just at this juncture President Nc
kinley's order was issued relating to
government lands. While We do no.
admit that it bears on the rights OF
the Rapid Transit to lay trlc.. on the
streets OF Honolulu, as they are gov
eminent property, il gives the opposi-
ton ,le chance to raise the question.
This question we did not wlnJ ra'sel
as 1T was liable to affect the credit of
the company. The company therefore
got Mr.. Southwick to buy come of the
Tram Company's stock and raise the
questions irvo we'd nv hri~~'nr su't
as a stockholaer TO test the Tram Com
pany's powers in the mater This
both the Tram Company and Mr.
Southwick had right to do, Judge
Perry to the contrary notwithstanding
ing
This was a bona fide atte-,nt 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 its merits but contend
ed Art the fact that the Rapid Transit
Company had induced Southwlck to
bring the suit should throw the case
ou- 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 1t stop spending money II
il was exceeding its franchise in any
respect. Iudge Perry upheld the con-
tention OF the Tram Company. and re-
fused to enjoin 1t 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 la'ter company
thereupon brought an injunction suit
to prevent 1t. Judge Perry refused oil
grant preliminary Injunction to keep
matters in statu quo, until the rights
OF the companies were decided, prac-
tically ruling that the two corpan es
could fight II 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 Is