The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-05
The Supreme Courts
Decision Held to
Be Final.
Hawaiian Tramways Company's
Dying Effort Comes to Nausht
In Federal Court.
\ UDGE EsTEE yesterday denied the

FUDGE ESTEE yesterday denied the
temporary Injunction prayed for
~ by the Hawaiian Tramways Co.
VS.. the Honolulu Rapid Transit & Land
Co. dismissing the bill. and holding
that the same matters had been adjudi-
Gated by the Supreme Court of Hawaii.
The decision read by Judge Estee was
excepted to by J. ]. Dunno for the COM
plainants and he was given twenty
days in which to decide whether he
would take an appeal.
The decision is reported in fun as fol-
lows:
IN THE UNITED STATES DISTRICT
COURT. IN AND FOR THE DIS
TRICT OF HAWAII.
The Hawaiian Tramways Company, Linn
fted. plaintiff and petitioner, VS. The
Rapid Transit and Land Company, De
PENDANT and Respondent
Messrs- J. J. Dunno and John I. De Bolt,
Attorneys for Petitioner; w r. Castle
and Kinney, Ballou & McClanahan. At
tOrneys for Respondent
This is a bill in equity. filed by the Ha-
waiian Tramways Company. Limited
and verified by the oath of w. H. Pain,
as manager for said company. to enjoin
the defendant, its associates, counsel
lors, solicitors, agents, contractors ana
servants from entering into and upon
King street In the city OF Honolulu, for
the purpose OF locating. constructing or
operating a street railway therein, ad-
joining, alongside of or parallel with the
street railway of the Hawaiian Tram
ways Company, Limited, and from dig.
cling up or subyerting the soil, surface
OF paving OF said King street or doing
ore in sal tend
ing to obstruct In any way the free and
common use thereof as had heretofore
been enjoyed. or tending to intermeddle
or interfere with or obstruct the rights
of the petitioner therein, or in the bene-
fetal enjoyment OF it's franchise therein.
Petitioner also prays for a preliminary
injunction against the said Rapid Tran
sit and Land Company from doing the
aforesaid acts.
An order to show cause why a prelimi-
nary and temporary injunction should
not issue against It, was directed to the
Rapid Transit and Land Company, made
returnable on the 18th day of November,
1901
The facts. as shown by the bill and
the affidavits introduced, appear to be
these:
That the Hawaiian Tramways Com
pany. Limited, is foreign corporation,
organized under the laws of Great Brit
ain and Ireland, and operating In the
hereafter mentioned; that in and by Act
xviii of the Session Laws of 1854, of the
Kingdom of Hawaii grant was made
to William II. Austin and his associates
and assigns for such corporation as may
be incorporated or organized by him or
them, TO construct lay down. maintain
and operate for the term OF thirty years
from the passage of this Act, a single
track railway with all the necessary
curves. switches and turnouts. or double
streets mentioned in this Act. along
and upon the following streets in the
city OF Honolulu" etc Among sad
streets enumerated was King street.
The Hawaiian Tramways Company,
Limited. is the successor in interest of
the said william r. Austin and his asso-
ciates.
On July eth. 1898. Act 90 of the Session
Laws of 1888 was passed by the legisla-
ture of the Republic of Hawaii. and duly
signed by the President of the Republic.
In and by said Act 90. a grant was made
10 Clinton C. Ballentyne and others. con-
ferring the right ito construct, lay down.
maintain and operate for the term of
thirty years after the railway author
lied by this act shall have been COM
BILE track. or partly single and partly dou-
BILE track. OF party single and party dou-
BILE. with such curves. switches. turnouts.
poles. wires, underground or overhead
cOnduits. and such other appliances and
appurtenances as may from time TO time
be necessary for the use and operation
thereof. along and upon the following
streets. roads and places IN the District
OF Honolulu"
The portion OF King street In Palama
mentioned in the bill OF plaintiff is not
included in said list of streets and roads
Section Of said Act provides the ma
ture OF the motive power to be used by
the grantees OF the franchise
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