The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-12-06
MULE CARS
ARE DOOMED
He Did Not Come
With "Clean
Hands,"
JUDGE ESTEE yesterday denied the
temporary injunction prayed for

u.,
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 full as fol-
lows:
IN THE UNITED STATES DISTRICT
COURT. IN AND FOR THE DIS
TRICT OF HAWAII.
The Hawaiian Tramways Company, Lin
tied plaintiff and petitioner. vs. Inc
Rapid Transit and Land Company, De-
fendant and Respondent.
Messrs. ]. j. Dunno and John I. De Bolt.
Attorneys for Petitioner; w. r. Castle
and Kinney, Ballou Il McClanahah' Az
torneys for Respondent.
This is bill In equity, filed by the lia-
waiian Tramways Company, Limited.
and verified by the oath of w. n. Pam
AZ manager for said company, to en)oih
the defendant, Its associates, counsel
lors solicitors, agents, contractors ana
servants from entering Into and upon
King street in the city OF Honolulu, lot
the purpose Of locating, constructing or
operating n street railway therein. ad-
Joining, alongside of or parallel win the
street railway of the Hawaiian Tram
WAYS Company. Limited, and from dig
ging up or subverting the soil surface
or paving of said King street or doing
any other acts in said King street tend
ing to obstruCt In any way the Tree ana
common use thereof as had heretofore
been enjoyed, or tending to intrrmeddle
or interfere with or obstruCt the rights
of the petitioner therein, or IN the bene-
fcial enjoyment of its franchise therein.
Petitioner also prays for preliminary
injunction against the said Rapid Tran
sit and Land Company from doing the
aforesaid acts.
An order to show cause why prelim!-
nary and temporary injunction should
not issue against II. was directed to the
Rapid Transit and Land Company, made
returnable on the 1ith day of November,
1901
The facts. as shown by the bill and
. the afildavits introduced, appear to be
these:
That the Hawaiian Tramways Com
pany, Limited. s a foreign corporation,
organized under the laws of Great Brit.
ain and ireland, and operating In the
streets of Honolulu, the street railway
hereafter mentioned; that in and by Act
xviii of the Session Laws of l>Si of tho
Kingdom OF Hawaii. grant was made
to civilian II. Austin and his associates
and assigns for such corporation as may
he Incorporated or organized 10y 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, double
track street railway through such OF the
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.
q On July 7th, 1898, Act 81 Of the Sess on
Laws of 1895 was passed by the legisla-
ture Of the Republic of Hawaii. and duly
signed by the President Of the r public.
In and by said Act G9, a grant was made
TO Clinton q. Ballentyne and others con-
ferring the right "to construct, lay down.
maintain and operate for the term Of
. thirty years after the railway author
lied by this act shall have been COM
bie track, or partly single and partly dou-
ble track, or 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 ana operation
thereof, along and upon the following
streets. roads and places in the District
OF Honolulu"
The portion of King street in Paama
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
by Section of the Act last aforesaid.
it is provided:
First.-Authorty is hereby given the
said association and others to occupy the
streets and use the tracks of the, Ha-
rrru ,nNkslINs 4 I l.,
accordance with the provisions of Sec
ton "a of Chapter OF the Laws of 1854
entitled, AN Act granting to William II.
Austin and his associates the right to
construct and operate street railway
upon certain streets in the city of Homo
luiu," provided that the said association
and others shall comply with the proyi-
sons and requirements of this Section.
Second.-Whenever II shall be necessary
to cross the tracks OF any other railway,
the said association and others are au-
thor.zed to construct and lay down at
their own expense, proper crossings, re-
moving the rails so crossed for that pur-
pose; hut such construction and removal
shall in done In such manner as to least
interfere with the traffic of such other
railway; and after the crossings are laid
the expense of maintenance shall be
borne equally by the said association and
others and the owners or lessees of such
other railway.
Third.-In the use of any portion OF
the tracks of the Hawaiian Tramways
Company. the cars of the Hawaiian
Tramways Company or OF the said asso
citation and others. shall not remain
standing on the portion used jointly. bu
shall make only such stops as are re.
CURED to take on and let off passen,
gers
1t is further provided by Subdivision L
of Section 9 of Act So of the Session
Laws of 1898, that whenever a majority
OF the owners of property on any stree
or road In said Honolulu shall. in writ
Ing. petition sad association and other,
to lay railway in such street or road
and the Executive Cuncil shall consen
thereto. such railway NAV be laid there
on, and the eafter may be maintained
and operated for the unexpired term o.
said franchise"
BY the provisions of Section Sc OF ar