The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-05


alton and others 70 lay q railway in
such street OF road, and the EXecu-
tive Council shall consent thereto.
such railway may be laid thereon and
thereafter may Be maintained and op-
Grated for the unexpired term OF said
Franchise
The Honolulu Rapid Transit and
Land Company. respondent herein,
and q corporation organized and e1-
isting under and by virtue OF the laws
Of the Republic Of Hawaii. is the SIC
cessor and assign o. Clinton G Bal
lentyue and others.
10 further appears that ever since
the assignment OF the rights. pTiYi-
ieges and franchises g zuted 10 VIII
liam r. Austin and his associates. 70
the petitioner herein tO-wiI some
tine prior 70 the 18th day Of N0yem-
Der 1890. the petitioner herein has
operated and maintained and still 90
crates and maintains Epon the streets
Of Honolulu a street railway including
the street known as King street there
la. ana on that portion thereof refer
red 20 IN said bill
II is admitted that the Rapid Tran
ST and Land Company had at the
time Of the fling OF the bill herein
commenced TO construct and is con
strucJing d street railway along King
street. for a distance OF more than
i700 feet thereon, and along that por-
uon thereof westward from Liliha
street and referred to in the bill. and
in such construction OF said portion
Of said railway is parallelng the rail
way track Of the said plaintiff and pc
titiouer
Il Is claimed by the respondent that
ms action in so doing is IN conformity
yith the grant Ia its franchise lAct
SO Of the Session Laws of 1898 afore-
-idi and of a decision OF the Su-
preme Court OF the Territory Of Ha-
vail. namely. the case OF the Rapid
Transit and Land Company rs. Ha-
waiian Tramways Company. Limited.
reported iu H. Haw.. p. SOB. and in re
Spouse 10 a petition OF a majority OF
the property owners on said King
street. and with the consent OF the
Governor of the Territory OF Hawaii
IN accordance with law and the regu-
.stions of the departments OF the Ter
rtorial government of Hawaii vested
with authority in the premises.
The bill of plaintiff claims that the
action OF the said respondent is in
derogation of the prior valid rights
Of your petitioner. under its franchise,
and that the laying of such tracks will
interfere with and impair the bene-
fetal enjoyment of the prior valid
franchise Of the petitioner"
The jurisdiction of this court is IN
yoked through allegations in the bill
that the charter of the respondent is
unconstitutional null and void is in
conflict with the Constitution of the
United States Of America and that
said charter and each and every por-
ton thereof is in conflict with the
laws of the United States, and in par
tiCular with that certain Act of the
First Session of the Fifty-sixth Con-
ggess of the United States, approved
April Both. 1900. and entitled AN Act
to provide a government for the Terri
tory Of Hawaii"
Ii further appears that W H. Pain,
from the year 1889, has been and now
is the manager of the business OF the
said petitioner in the City of Homo
lulu
That prior to the filing of the bill
AA NAhAAN hNACAhs NO-hANs I'll LIZ --A
day of January, 1901. in accordance
with the provisions of Section 1855
TO 1858 inclusive OF the Civil Laws of
the Territory of Hawaii, a submission
Of certain, alleged facts was made to
the Supreme Court of the Territory
of Hawaii, and a decision therein rem
dered by the said Supreme Court on
the 26th day of April, 1901, in an act
ion entitled The Rapid Transit and
Land Company vs.. The Hawaiian
Tramways Company. Limited"
Ii appears from the facts brought
out on the hearing that the complain
ant and respondent were heretofore
parties to certain litigation affecting
their charter rights to construct and
maintain street railways in the City
of Honolulu and especially in relation
to their right to lay a street. railway
track on King street in the City of
Honolulu; and being DESTROYS of set
Ting their differences as to their re-
spective rights 10 the use Of King
street in Honolulu. they did, pursu-
ant to Sections 1855 to 1858, inclu- |
siye, OF the Civil Laws OF the Terri |
tory OF Hawaii. on the 22nd day Of |
January. 1901. enter into an agree |
ment whereby their differences we're
submitted 10 the Supreme Court of |
the Territory of Hawaii for its ad- |
Indication. and which adjudication |
the parties agreed to abide by. This |
agreement and statement OF facts was |
originally signed by Honolulu Rapid |
Transit and Land Company, by w. r
.stle and Kinney. Ballou & McClana.
han.
Hawaiian Tramways Company, |
Ltd. by Holmes & Stanley Of coun- |
sci And a further agreement or |
was also made and exc I
guted on the 9th day OF March. 1901. |
which vas signed hy Kinney. Bal /
lou & McClanahan. attorneys for the |
Hon Rapid Transit & Id Co" and |
by Holmes & Stanley. Attys. for Ha- |
waiian Tramways Co. Ltd, and sub /
mitted 10 the Supreme Court OF the |
Territory OF Hawaii. as appears by /
the Exhibit a which is made a part 1
81 the affidavit OF W. H. Pain. filed IN
support OF his bin in this proceeding.
Il also appears from said Exhibit
-" that Clinton G. Ballentyne as
manager OF the Honolulu Rapid Tran
iii and Land Company. and W l.
stanley OF Holmes & Stanley, attor
leys for the Hawaiian Tramways
Company. made oath before Edmund
Hart. a notary public. that the contro-