The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-05
|NJUNCT |ON
IS GRAN ED
Does Not Wish to Pay
Sewer Charges.
CLAIMS THEY ARE ILLEGAL
Automobile Company Restraints the
Board Of Health From Taking
Up Drain Pipes.

The Hawaiian Automobile Com
pany. Ltd, filed bill for injunction
against j. A. McCandless, Superinten-
dent of Public Works, yesterday in the
Circuit Court. The injunction was or
dered granted upon the filing OF a $500
bond by the plaintiffs, which was I'M
mediately done, Charles H. Atherton
being the surety offered and accepted.
The bill for injunction is the result
of a long-standing dispute between the
Automobile Company and the Public
Works Department. The plaintiffs
have erected at a great cost a concrete
building on the west side of King street
| for light and power and for the charg-
| ing and running of automobile We
hicles, in accordance with the powers
contained in it's charter. The plaintiffs
claim that in the conduct Of such buS1-
| ness it is necessary for them to use
drains for the purpose of carrying
away waste water, the washings from
| it's batteries and other waste ana sew
age matter
! The Board of Health has prevented
them from excavating cesspools on
their property, so that, acting under
the advice of one J. T. Duffy, agent
for the Board of Health, and in charge
of plumbing and sewer connections
during the month of June last, they
made a connection or It's dram pipes
| with the sewer.
| The Automobile Company then
claims that the defendant threatened
to destroy the piping unless certain
contract was complied with, and also
demanded certain charges that the
plaintiffs claim are contrary to law.
In view of these threats the plaintiffs
appealed to the court for protection.
The contract referred to in the bill
of complaint is an application for per-
mission to connect with the public
sewer, and which permission the
. plaintiffs failed to obtain directly from
the Health Department before tapping
the King street sewer 1t is a printed
form of the usual kind, setting forth
in detail the size of pipe used, etc
The contract is one that every one Is
compelled to sign before the sewer
may be opened by them.
Concerning the reference about illega
charges contained in the bill of COM
plant, L. T. Grant, manager of the
Hawaiian Automobile Company, Ltd.
s said:
I'VE were forced to take the ster
: that we have by the actions of the
; Board of Health. We applied to then
! | for permission to eXcavate cesspool!
on our premises, but We're refused, ant
s with the King street sewer after frs
3 obtaining permission from an agent o
{ the Board of Public Works, then the.
send around their men and break thu
connection.
when we demonstrate with then
z they stick printed application form
& in front of us, accompaniedDy SEIZED
9 ule of annual rates for use of sewer
s and attempt to force us to pay rate
3 that are not only eXorbitant, but il
3 legal as well.
9 I'VE expect to do business in thi
I'll City, and we expect to stay here, blu
IS we do not propose that the Govern
3 ment or any one else shall compel u
to pay more than is just. That we ar
8 willing to do at any time. but in m
& opinion, and in the opinion of our at
IS torneys, the Government has no RICH
IS to exact any pay from US or from an
g firm for the use of a public sewer.
ri The Legislature passed an Act az
& propriating certain sum of none
IS for the construction of sewers, and
g the best of my knowledge it did nc
& provide for any assessment on an
9 parties using them, and until it doe
G hold that the Board of Publ
g Works has no right to demand an
g charges.
& I'VE have complied with the law
3 every detail,- and now we have ar
Z piled for and obtained an injunction
6 and they must show cause why til
s. injunction should not become perpett
g al. have been told that great nun
: Der of business houses in Honolul
4 have paid the rates demanded, bI
= have always done so under protest.
6 IF you will glance at the rates an
$ figure the amount of yearly taxatfo
3 demanded from us, you will see ths
y it is out OF all proportion. With onl
S 1900 square feet of floor space an
q but few fixtures, we would be oblige
g to pay yearly sum of at least 81
s. and that we do not propose to do"