The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-01
To SUBMIT
QUEST|O
The Railway Companies
Sign Joint Letter.
TO ABIDE BY DECISION
Macfarlane ard Lishman File Aft
dayits--Many Answers to
Demurrers Filed.

The Honolulu Rapid Transit & Land
Company and the Hawaiian Tramways
Company, Limited have filed joint let
ter addressed to the Honolulu Justices of
the Supreme Court, stating that they
have agreed upon a case containing the
facts upon which the controversy de-
Ponds, and have agreed to submit the
same to the Justices of the Supreme
Court
The Facts agreed upon are as follows:
That said Tramway Company proposes to
lay a double track, other than the nee
essary turnouts and switches along
King street, and to operate thereon
tramway by electricity
That the said Honolulu Rapid Transit
and Land Company is the lawful holder
of franchise granted to Clinton G. Bal
lentyne and others by Acts So and 10 of
the Session Laws of 1898, and having re-
ceived petition from the majority of
the owners of property on King street,
asking it to lay a. railway along said
street, and the Executive Council having
consented thereto, for that portion of
King street lying between Nuuanu
stream and Thomas Square, it proposes
TO lay such railway and to operate the
same on said street between said points,
the distance between said points being
greatly in excess of 1,700 feet.
The question to be submitted to the
.court, and concerning which the parties
have agreed to abide by the decision of
the court, are as follows:
]. Has the Hawaiian Tramways Com
pany, Limited, the right to lay double
track along King street as above de-
scribed?
2. Has the Hawaiian Tramways Com
pany, Limited, the right to operate a
uamway by electricity?
3. Has the Honolulu Rapid Transit and
Land Company the right to lay track
on King street for more than LOO feet?
The judgment of the court is asked to
settle these questions of difference.
FILE AFF1DAvITs.
Two afTidavits in the case of George
Macfarlane VS.. Robert Cation were filed
yesterday in the Circuit Court of the
First Circuit, by William Lishman and
II. r. Macfarlane.
Henry Macfarlane, being first duly
sworn, says: That he is the brother of
George Macfarlane. the plaintiff named,
and that he knows William Lishman, the
agent of his brother. He claims that
George Macfarlane sailed from this City
in August $780, and that during the last
ten years he has been absent from the
Jurisdiction of the court.
That George Macfarlane has been alb
sent good share of the time and finally
returned TO Honolulu.
COURT NOTES.
The plaintiff in the case of Wong But
nam VS.. Chock Sing has filed a joinder in
demurrer in the Circuit Court of the
First Circuit, praying that defendants
demurrer ha Oyprrlted
E. NJ. Nakuina, plaintiff, in the case
of Z. NJ. Nakuina VS.. Fanny Strauch and
Paoaokalani, has filed a joinder in de-
murrer in the Circuit Court of the First
Circuit stating that the grounds of de-
murrers attempted and pretended to be
specified are not well taken, and that
plaintiffs complaint is sufficient in law.
John H. Wilson, one of the defendants
in the suit of S. Fukuda VS.. John III. Will
son and T. NJ. Whitehouse. has filed an
answer in the Circuit Court.
In the case of S. Fukuda VS.. Wilson
and Whitehouse. assumpsit, defendant
Wilson filed an answer yesterday making
a general denial of any Indebtedness.