The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-12-06

Upon the submission in the aforesaid
case. Mcssls. Kinney, Baliou & Mccain
ahan appeared as attorneys for the Rap
III Transit and Land Company, and
Messrs. Paul Eeumann ana Homes Dc
Stanley appeared as attorneys of record
for the Hawaiian Tramways Company.
Limited.
Thereafter. on the 9Th day of Novem-
ber, 1901. the date of the fling of the bill
herein a bill in equity was filed in the
Circuit Court of the First judicial Cir
cult of the Territory Of Hawaii by the
Hawaiian Tramways Company, mitcd.
verified by w. II. Pain, as the manager
of said company, in an action entitled.
The Hawaiian Tramways Company.
Limited. VS.. The Rapid Transit and Lana
Company" wherein j. j. Dunno, John
/ Z. De Bolt and Thomas Fitch represent
ed the petitioner. The said bill sets up
substantially the same facts and with
the exception of the jurisd!ctional clause,
and prays for substantially the same re-
lief as IN the bill herein.
In the b.ll hIed In the First Circuit
Court OF the Territory. the following
sworn allegation appears Uhc same ale
cation being substantially set up In the
affidavit of said w. H. Pain, filed herein
| in support of his BID. to witt
| your orator further shows that on the
22nd day of January, 1901, n certain pur-
ported controversy was attempted to be
submitted for decision to the Just ces of
the Supreme Court of said Territory; and
/ that thereafter on March eth. 1901.
purportcd stipulation to submit add-
t!onal facts was sought to be filed in
said submission of said purpurtod CON
trOversy; and thereafter on the 2Sth and
29th day OF March, 1901, said submis-
sion of said purported controversy came
on for hearing before said Supreme Court
of said Territory; and In this behalf your
orator shows that n duly certified copy
Of said submission and of the pretended
proc, edings had ther Elm Is attached here
to and is made a part hereof and Is
marked Exhibit A. And your petition
| er further shows that thereafter to wit :
on April 18th, 1901. said Supreme Court
acting solely in pursuance of said pre-
tended and purported submission of said
pretended controversy, made and gave its
decision thereon, which said decision Is
fli,v reported.
your petitioner further shows that
said pretended submission and all pro-
coodings had therein. and the decision
made and given therein and all pretend
Cd tights and privileges flowing there
from, or defined and limited thereby, was
and were and are wholly null and void
and of no effect value or validity what
ever; and in this behalf your orator re-
, ,,' I 'a'Y .''t -" sup ''"' .1oui ,
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.COntrC ,crsy, and in its decision ana judg-
ment therein wholly and without any au-
Iihurity, power. warrant of law or jUrls-
dlrtion, either to hear or to determine
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