The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-12

secure an ex parte preliminary injunc-
/ ton against respondent to its harm
and injury;
That respondent has used great ard
| particular care in the construction OF
| its said railway on said King street
| complained of by petitioner, SO as not
| TO obstruct the public in the use there
| Of and more particularly, so as not
| TO interfere with the operation by
plaintiff of its car line on said street;
and respondent denies that il has OBJ
structed the use of said street or the
petitioner in the operation of it's said
railway to any further extent than TO
cause brief and temporary delays by
reason of the narrowneSS of portions
of said street and the large amount of
travel thereon; and as an instance of
such particular care to avoid inter
ference with plaintiffs railway line re-
spondent says that ii caused the cross
ing of petitioners track to be laid at
night, after the plaintiffs cars had
ceased running, and completed the
same at an early hour the next morn
ing:
That respondent is prosecuting the
construction of its said track on said
street with all practicable speed, and
respondent is informed and believes,
and such information and belief.
alleges that weather permitting, it
will have the rails laid and the trench
in which the same are placed filed
along such portion of said King street
westerly from Liliha street, where the
track now being constructed by re-
spondent parallels the track of plain
tiff on said street, thereby removing
all distractions from said portion of
said street, not later than Saturday
next, November 16, 1901.
And respondent further alleges that
the sole and only damage and loss
which will accrue to plaintiff herein
will be the loss accruing to it through
and by reason of such legitimate and
lawful competition as aforesaid; that
if petitioner has been or will be injur-
ed by respondents acts, to restrain
which it prayS for the issuance of said
temporary injunction, petitioner has
plain and adequate remedy at law for
any such injury or damage and re-
spondent is, and will be, able to re-
spond and pay any judgment which
petitioner might or could secure
against respondent by reason of any
such damage or injury; that the issu-
ance of such temporary injunction, Il
this honorable court is vested with
jurisdiction in the premises. would
work to your respondent a loss and
injury far in excess of any possible
loss or injury which might or could
result TO petitioner through a refusal
to issue said injunction.
VI-That respondent is advised by
those learned in the law and upon such
ADVICE alleBeS Inat the Sdlu petitioner,
having heretofore as herein set forth.
submitted itself to the Jurisdiction OF
the said Supreme Court of Hawaii, and
having in said submission submitted
for adjudication by said Supreme
Court the right of this respondent to
lay its railway track on said King
street, and the said Supreme Court of
Hawaii having decided said question
favorably to this respondent, and the
said Supreme Court being then and |
there a court of competent jurisdiction, !
and the said decision therein being |
final and decisive between the parties |
hereto, the said petitioner is estoppcd |
from further questioning the right Of |
this respondent to lay its railway |
tracks on said King street.
Wherefore, for and by reason of the |
several showings of cause hereinbefore |
set out, this respondent submits that |
cause has been shown in response to !
the order Of this honorable court; that |
this honorable court has not jurisdic-
ton in the premises; that said tempo
rary injunction should not issue, and |
that petitioners bill be dismissed with
costs.