The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-05

This Is a bill IN equity filed by the
Hawaiian Tramways Nompany. Lin
tied. and verified by the oath of w
H. Pain. as manager for said COM
pany. TO enjoin the defendant, its as
sociates. councillors. solicitors, con
tractors. agents and and servants
from entering into or upon King
street in the City OF Honolulu, for the
purpose OF locating. constructing or
operating street railway therein, ad-
joining. alongside of or parallel with
the street railway of the Hawaiian
Tramways Company. Limited and
from digging up or subverting 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 common use
thereof as had heretofore been en-
joyed or tending to intermeddle or
interfere with or obstruct the rights
OF the petitioner therein. or in the
beneficial enjoyment Of its franchise
therein.
Petitioner also prays for a prelimi-
nary injunction against the said Rapid
Transit and Land Company from do
ing the aforesaid acts
An order TO show cause why a pre-
liminary and temporary injunction
should not issue against it. was direct
ed TO the Rapid Transit and Land
Company. made returnable on the llth
day OF November. 1901.
TEc facts as sCown by the bill, the
siHldvits and oral testimony intro
duced a. the hearing appear to be
these.
That the Hawaiian Tramways Com
pany. Limited is a foreign corpora
ton. organized under the laws Of
Great Britain and ireland. and op-
Grating in the streets OF Honolulu. the
street railway hereafter mentioned,
that In and by Act XVIII Of the SEES
sion Laws OF 1884 Of the Kingdom of
Hawaii a grant was made 10 vii
liam II Austin and his associates and
assigns or such corporation as may
be Incorporated or organized by him
or them TO construct. lay down. main
tain and operate for the term Of thirty
years from the passage OF this Act.
a single track street railway. with all
- necessary curves switches and
turnouts, or double track street rail-
way through such OF the streets men
toned in this Act along and
upon the following streets in the City
OF Honolulu. Among said streets
enumerated was King street.
The Hawaiian Tramways Company.
Limited. is the successor liz interest (
OF the said William b Austin and his
associates
On July Eth. 1883. Act 90 OF the SEES (
sion Laws OF 1895 was passed by the |
Legislature OF the Republic OF Hs.
waN AMI duly signed by the President !
of the Republic In and by said Act
6s. a grant was made 20 Clinton G. /
Baiientvne and Others comforting the 4
right TO construct. lay down. main
tain and operate for the term OF thir-
" years after the railway authorized 4
bv this Act shall have been com
menced a railway. either single or
double track. or partly single and /
partly double with such curves. (
switches. turnouts poles. wires. IN
derground or overhead conduits. and 4
such other appliances and appnrte-
nanees as may from time 10 time be
necessary for the use and operation /
thereof along and upon the following
streets. road and places in the Dis
trict of Honolulu
The portion OF King street in Pa
lama mentioned in the bill OF plaintiff /
Is not included in said list OF streets
and roads.
Il is further provided by subdivis-