The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-07

orator has no adequate remedy at law.
Il. Your orator further shows that
the free and unobStructed use by it of
said King street for the maintenance
and operation of its said street railway.
pursuant TO it's said franchise, is indis-
pensable to the profitable management
of its said business of maintaining and
operating said street railway; that the
injury and damage done. and being
done, by said defendant and respond
ent, to it's said franchise. property and
business by the acts and conduct of
said defendant and respondent herein
above set forth, is irreparable, and
largely exceeds the sum of 50 000 that
the. matter in dispute herein exceeds,
exclusive of interest and costs, the sum
or value OF 81, 600, and arises under the
constitution and laws of said United
States; and that your orator is entitled
to have the said alleged charter of said
defendant and respondent declared I'M
constitutional, null and void by the
judgment and decree of this court, and
to have said defendant and respondent
forever restrained and enjoined from
any further action under said alleged
charter
J Wherefore, your orator respectfully
prays that said defendant may be per-
petually restrained and enjoined from
entering into or upon said King street.
for the purpose of locating, construct
ing or operating a street railway there
in. adjoining to, alongside of. or par
allel with your orators said street
railway, and from digging up or sub
verting the soil, surface or paving OF
said King street, or doing any other
acts in said King street tending to
obStruct in any way the free and com
mon use thereof, as the same has here
tofore been enjoyed, or tending to in
termeddle or interfere with or obStruct
the rights of your orator N said street
or in the maintenance End operation
of its said street railway therein or
in the beneficial enjoyment of it's said
franchise therein; and. that in mean
time, a temporary injunction may be
allowed your orator, restraining the
said defendant and respondent, its as
sociates, counsellors, attorneys, solicit
tors, agents, contractors and servants
and all persons acting in aid or assist
ance of them, from obstructing said
King street adjoining to said plaintiff S
street railway in any way, and from
digging in said street, and from locat-
ing, constructing, or operating any
street railway therein; and for costs
herein, and for such other and further
relief as to the court may seem just
and proper.
THE HAWAIIAN TRAMwAYs
CO.. LTD. Corporation.
BY WILLIAM H. PAIN,
Manager.
WILL BE HEARD MONDAY
! The application for an immediate
temporary injunction was heard before
Judge EStee in chambers. He refused
to grant the relief prayed for at that
time, but instead, issued an order set
ting the hearing for next Monday.
The defendant Is ordered ITO appear
before said court on November 18th at
the opening Of said court to show cause
If any 1t has, why a preliminary and
temporary injunction should not issue
herein against it. pursuant to the
prayer of said petition"
8 J. J. Dunno, Holmes & Stanley and
]. T. De Bolt are plaintiffs attorneys
in the United States Court.
TRACKLAYING WILL CONTINUE.
The operations of Contractor Mckee
in laying the King street track will not
be hindered by the suit in the United
States court. The contractor is bound
to finish the job within a specified time
and put on a large force of men yes
terday. Last night work was begun
on the crossings connecting the Liliha
street extension to the King street
track. This part of the-contract has
been hindered by the delay in getting
the surveys. 1t crosses the TramwayS
Companys track on King street.
Manager Ballentyne said last night
that. no notice of an injunction suit
had been served upon him, and the
work of laying the track would be con-
tinued by the contractor.
A.