The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-20

ing track and constructing a switch on
King street between the Judiciary build
ing and Fort street on the makai side of
its ma n track
That said track and switch, II laid. con-
structed and maintained, would cut off.
block and intercept any other tranrway
company or street railway from the use
Of King street in that section. and as
the plaintiff is informed and verify 10
lieves. was attempted to be laid for that
purpose.
On the 18th of January, Alex. Young.
then NJ mister of the Interior, sert COM
munication TO the tramways company
which Informed Paul Neumann, it's al
torpey, that the company cease operations
OF track-laying, pending litigation as 10
the rights OF the respective companies to
the occupying of such street Another
communicat on of the same date request
ed the tramways company. to lay its Sec
ord track only on t.ie mauka side of lis
existing track.
copy of Paul Neumann's communica-
tion to Alex. Young shows t.iat the com
pany refused to abide by the orders of
the Executive Council or of the Minister
Of Interior, and Ma ager Pain was ar
rested on the charge of common nuisance
In digging up the street ,thout author
ity. On January IA the company notified
Mr.. Yourg that they intended to connect
the rails laid by it between the Palace
ard the GuLck premises with the track
ard for a loop for the convenience Of the
public travelling upon the tramway. A
reply was sent back stating that the order
Of January u held good,'' and permission
to proceed was denied.
tS.Cn the 18th the defendant resumed tie
work OF laying rails and persisted in do
! ing so until prevented by the Deputy
Marshal.
That the defendant now announces its
I intention to lay down, build and construct
a second tramway line parallel with irs
sirg,e tramway line, and do so where
and when 1t pleases in defiance of the
law and of the d rection of the Superin-
tendent of Public Works.
That the defer dant denies and defies the
lawful power, authority and control of
the Government IN regard to all matters,
and has announced its iniention to imme-
d.ately complete said track and switch
: on the makai side Of it's line on King
street, and to construct a double line on
Beretania street and on other streets In
Hono lulu. and VIII do so unless restrain
ed by physical force or by injunct on OF
tbs court.
! These matters, so Mr.. McCandless al
leFes, are to create a disturbance of the
putlc peace, and to seriously impede and
d'soommode tie lawful and public use OF
the street, and therefore appeals to a
court OF equity for relief.
The plaintiff prays that process may
issue in conformity with the practice o1
this court, citing the defendant to appear
and answer the bill of complaint, anc
show cause, If any it has. why an order
should not be made by this court enjoin
ing and restraining it from laying sale
tracks and connecting said switch on th'
n'al al side of is main track on Kint
street anu from laying another track OF
Beretania street.
Judge Humphreys yesterday afternoon
signed the petition ordering the defend
ant to show cause before him at the cour
house on "Wednesday, August Is. 1900, a
10 O'Clock a. M, why an injunction shoul
net be issued against the company on tn
grounds set forth in the plaintiffs peti
ton.
Pending the hearing of the case the de
fendant is restrained and forbidden I
suffer or commit any of said acts unit
his further order.