The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-08

10. Your orator further alleges and
shows that the said charter 81 said
defendant and respondent. and every
part and portion and section thereof.
are wholly unconstitutional, null and
void. In this. that said charter and
each and every part and portion and
section thereof IS In conflict with the
constitution Of the United states of
America, and In this. that said char
ter and each and every part and por-
tion and section thereof. Is in conflict
with the laws OF the said United states,
and. in particular. with that certain
act OF the first session of the Fifty
sixth Congress OF said United States.
approved April 90 1900 and entitled
| AN Act to provide "a government for
the Territory of Hawaii" and publish
ed under the direction OF the Secretary
of State Of said United States. as chap
/ ter $3.50 in and of the thirty-frst vol
une of the statutes at large of the
United States Of America commencing
at page l4l.
II. Your orator further shows that.
Notwithstanding that said charter Of
said defendant and respondent was and
is unconstitutional and null and void
as herein above alleged, and notwith
standing that said defendant and re-
spondent is entirely without any rights.
privileges or franchise in the premises.
or flowing from or authorized by said
alleged charter. or otherwise. or at all,
nevertheless said defendant and re-
spondent claims the right under and
| pursuant to said void charter to lay
street railway tracks in King street,
at Palama, in said Honolulu, notwith-
standing that such claimed right can
only be exercised by 1t in derogaton
OF the prior valid rights Of your ora
tor under Its franchise, and the laying
of such street railway tracks will in
terfere with and impair the beneficial
enjoyment of the prior valid franchise
OF your orator. and will work irrepara-
bic injury thereto; and in this behalf
your orator shows that said King
street Is a public street in said city
OF Honolulu. through which your ora
tor is authorized by law under u valid
franchise, prior to any pretended or
asserted claim OF said defendant and
respondent. to operate, and does oper
ate. under it's said franchise. It's said
street railways: that said defendant
and respondent has unlawfully and
forcibly entered in and upon said King
street, adjacent to. alongside of, and
parallel with the street railway tracks
Of your orator. for the purpose of con-
structing, maintaining and operating
street railway in and upon said
King street. and said defendant and
! respondent has, for a distance of more
3 than 100 feet thereon. dug up the sur
, paving from said King street, and is
now engaged in tearing up and in
making excavations in said street for
said purpose. and has so occupied and
I INSTRUCTED and does now so occupy and
r obstruct said street with horses, men,
j timbers, steel rails and other obstruc-
r tions as to prevent and impair the
, beneficial enjoyment by your orator OF
it's aforesaid franchise. to wit. the OPP.
. Grafton as aforesaid of its said stree,
y railway. to the great and irreparable
y injury of your orators said franchise
Il and property and in this behalf. your
T. orator further shows that, unless re-
e strained and cnjoned by this court
4 said acts and conduct Of said defend
;. ant and respondent will continue, anG
N will continue to work irreparable in
, jury and damage to your orator; anc
J. that your orator is wholly without any
N plain, speedy or adequate remedy a
y law in the premises. Your orator FUR
of Their shows that the alleged acts anc
Is conduct of defendant and responder
n, herein above referred to are an unlaw
40 full intermeddling with, interference IL
-, and obstruction against the rights o
y. your orator in said street. and in tn
~ maintenance and operation of it's salt
e. street railway therein and in the ben
tn eticial enjoyment of its said franchis
therein: that. unless enjoined and re
or strained by this court, said acts an
40 conduct will continue: and that, unles
h enjoined and restrained by this court
said acts and conduct so continuing
10 will work irreparable injury and dam
N age to your orator. for which you
~ orator has no adequate remedy at law
al T.. Your orator further shows tina
L the free and unobstructed use by il o
4 said King street for the maintenance
= and operation OF it's said street railway
:, pursuant to its said franchise, is indis
II.
i OF its said business Of maintaining ant
III operating said street railway; that tn
injury and damage done, and bein:
c. done. by said defendant and respond
Il, ent, TO it's said franchise, property ant
& business by the acts and conduct o
q. said defendant and respondent hereil
% above set forth. is irreparable. an,
~ largely exceeds the sum of s., 900; tina
re the matter in dispute herein exceeds
e. exclusive of interest and costs, the sun
ne or value OF $1,000. and arises under tn
as constitution and laws Of said Unite'
- States: and that your orator is entitle,
g to have the said alleged charter of sal,
-, defendant and respondent declared un
constitutional, null and void by tn
III judgment and decree of this court, an,
IN to have said defendant and responder
IN forever restrained and enjoined fror
any further action under said allege
in charter.
al wherefore, your orator Respectfully
o. prays that said defendant may be per
: petually restrained and entoined fror
- entering into or upon said King stree,
e. for the purpose of locating, construct
ing or operating street railway there
in, adjoining to, alongside of, or par
allel with your orators said stree
a. railway, and from digging up or sub
le verting the soil, surface or paving G
a. said King street. or doing any othe
X fan
&c obstruct in any way the free and com
ne mon use thereof, as the same has here
y tofore been enjoyed, or tending to in
ne termeddle or interfere with or obstruc
w the rights of your orator in said stree
10 or in the maintenance and operatio
:, of its said street railway therein, c
" in the beneficial enjoyment OF it's sal
Syn franchise therein; and, that in near
- time temporary injunction may b
W allowed your orator, restraining III