The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-12-06

of this Court or without the Jurisdiction
of Great Britain and Ireland Since 1889
w. ". Pain, as he testiiies, has acted as
the sole manager of this corporation in
these Islands; during this time he has
had the exclusive control of all its af-
fairs In this Territory, Including the
employment and discharge of attorneys
and coursellors and the management and
control OF all litigation"
Complainant Is now seeking for a tenn
porary injunction against respondent.
which Is allowable only when from a full
statement of the facts IA permanent in
junction might be granted.
1t appears, from the facts brought out
on the hearing. that the complainant and
respondent were heretofore parties to
certain litigation affecting their charter
rights to construct and maintain street
railways in the city of Honolulu. and
espec ally in relation to their right to lay
Il street railway track on King street in
the city of Honolulu; and being desirous
of settling their differences as to their
respect We rights to the use of King
street in Honolulu. they did pursuant to
Sections 1866 to 1858 inclusive of the Civil
Laws of the Territory Of Hawaii, on the
22nd day of January, 1901 enter into an
agreement whereby their differences We're
submitted to the Supreme Court of the
Territory of Hawaii for its adjudication,
and which adjudication the parties agreed
to abide by. This agreement and state
ment of facts was originally signed by
Honolulu Rapid Transit and Land Com
pany. by w. II. Castle, and Kinney, Bal
lou & McClanahan; Hawn. Tramways
Company, Ltd, by Holmes & Stanley, of
counsel" And "A further agreement or
stipulation was also made and executed
on the 9th day of March. 1901, which was
signed by kinney. Ballou n McClana-
han. attorneys for the Hon. Rapid Tran
sit * Id. Co.. ana by Holmes Il Stan
ley. Attys for Hawaiian Tramways Co.
Ltd" and submitted 10 the Supreme
Court of the Territory of Hawaii as ap-
pears by the Exhibit a." which Is made
a part Of the affidavit of w H. Pain,
flied in support of his bill in tnis pro-
cccdng.
1t also appears from said E:;,..hit a."
that Clinton G. Ballentyne, as manager
Of the Honolulu Rapid Transit and Land
Company, and w. l.. Stanley Of Holmes
u S,anlay, attorneys for the Hawaiian
TramwuNs Company, made oatL before
Edmund Hart, a notary public, that the
controversy us real ana the proceedings
in good faith to test the rights of the
parties"
The minutes of the Clerk of the Su-
premc Court of the Territory of Hawaii
for the 2Sth day of March, 1901 ca portion
VI SI'" EN"'p,t SHOW that Ill the
,,.,' - IVY ~. ~" stu'H VI '|'" .O''tio
yPL. So, s"tu ~ ', anu
neys for the Hawaiian Tramways Com
pany. read said agreed statement of facts
to the Court and argued the case on the
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