The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-19
|TRAMWAy
TROUBLES
Aired Yesterday
In the Federal
Court.
HARD TO PROVE
AUTHORITY
Manager Pain Has Difficulty in
Showing Compliance With
Local Law.

only a partial showing OF authority il
Federal Court yesterday morning. wher
at the opening Of the afternoon session
the hearing was continued until Friday
morning.
]. ]. Dunno for the plaintiff first read
the answer to the demand made by the
respondent for a showing of authority
w. H. Pain in his affidavit sets Out
that he is the manager OF the Hawai-
ian Tramways Co, and that In such
capacity, when there appeared viola
lions of the rights Of petitioner under
such authority ne sought and obtained
legal counsel 10 act in his behalf, re-
aiming ]. j. Dunno and ]. T. De Bolt.
He further ratifles all acts of such at
torneys.
Affiant alleges that he has complied
with the provisions Of the law which
require every foreign corporation to file
a certified copy of it's charter and by
laws.
He then goes on to set out the various
transfers. and fling of papers, and
which he alleges are in the possession
of the Department of Public Works.
He further alleges that in October. 1899,
he learned that the certified copies were
missing and he Immediately sent to
London for copies of said documents
which were then fled for a second
time
| Aflant alleges that from 1889 to the
present time he has been and still is
the sole manager and representative of
said plaintiff and petitioner in the Ter
ritory of Hawaii and as such has ex-
elusive control of all transactions of
said corporation in Honolulu, and rep
resents said corporal ton in all matters,
by and with the consent of said cor
poration.
And it is alleged that Paul Neumann
was named as the person upon whom
legal notices could be served, but from
1890 to the present time this affiant has
been and now is named in and by the
aforesaid verified statements now on
file in the office Of the Minister of the
Interior. and OF his successors in office,
as the person upon whom legal notices
and processes from the existing courts
may be served, as required by law.
Attached to the affidavit is a receipt
from J. A. Hassinger as chief clerk
of the Minister Of Interior, for the arti-
cles of association, also an affidavit
from q. z. Smithies, cashier in the
office of the Minister Of the Interior,
showing the payment Of $50 as the filing
fee, and also a statement that there
was on file in an envelope at that time
the articles of Incorporation, memoran-
ruin and articles Of association: assign
Armstrong and from the latter to the
Hawaiian Tramway5 Co; affidavit of
Lonsdale Green, secretary; notice of APP
pointment OF Paul Neumann - repre-
sentative, and the affidavit of Ernest
Cleave as assistant registrar.
The articles of agreement between w.
II. Pain and the Hawaiian Tramways
Co. are also filed, showing that he was
to work exclusively ter that corpora
ton: agreeing TO obey alI orders: the
said company to pay said Pain 500
pounds per annun for the term of
three years, to be increased to LOGO
pounds per arnum when the company
il; successful in obtaining a new con-
&C ssiOn to include the conversion Of the
present motive power to electricity.
The said company is to furnish said
Pain d dwelling house free from rent
and taxes and supplied with furniture.
There is also attached to the affidavit
A statement of the financial condition (.
of the company, in which the follow !
ing items appear:
Shares issued. 1900 at $25.. 1926, 600. 90 !
Paid-up capital, including de-
bentureS Observation-Disclosures. 4I0.OOO-OO ,
Amount paid as dividends,
per cent for year ending Jan.
!, 1901 -................... 10 10000 >
Gross income for year ending
Jan. 1, 1901 Observation-Disclosures. 1916 6SS.O7
Running expenses for same
year OBSERVATION-DISCLOSURES. Si,a9so6
Chief Clerk Wright OF the Depart
ment Of Public Works and Treasurer
Wright were both placed on the stand
10 testify as TO the various papers filed
by the Hawaiian Tramways GO. Mr.
contended in his examjna
ton of the witnesses that Mr.. Pain had
never filed the bylaws of the corpora
ton in the Territory as required by
law. and that he had made no showing
of his authority to act as legat repre-
sentative of the London corporation.
1t developed in the examination Of
Treasurer Wright that the articles of
Of the corporation had not
been filed with him before Friday of
last week. when AT the request Of Man
aser Pain he had made a search for
the papers. At that time he discovered
n receipt for certain of these papers.
filed in the Circuit Court. and sent over
and got them. There was no filing
mark on these papers to show when
they had been received, though Nj.
Wright stated that ii had been the
custom of his office to make such nota-
ton.
At noon the matter had not been