The Hawaiian gazette., 1901-11-29
MUST NOT
INF R|NGE
Restraining Order
For HaCkfeld
Wharf.

Judge Estee yesterday granted the
temporary Injunction prayed for by the
Oahu Railway & Land Company re-
straining Supt. Boyd and Cotton Broth
ers from further work on the new
Hackfeld wharf approach. The hearing
for permanent injunction Will come
up Saturday morning, and in the mean
time the defendants are not permitted
to do any further work upon the APP
proaches to the wharf AS to the wharf
proper, the injunction does not lie as
long as the contractors keep on ter
ritorial ground, and do not infringe up
on the harbor lines as deliminated by
the Secretary of War. Inasmuch as the
approach was completed before the in
junction papers were served, the re-
straining order will be of little value,
as it has been the intention of the Pub
lie Works Department to remove this
approach as soon as the approach to be
built at the lumber yard is completed
Such was the statement of Mr.. BOYD
but Mr.. Hatch, who appeared for the
compliments was inclined to be skepti-
cal.
He did not believe that the contrac-
tors were driving eighty foot piling with
copper sheathng with any intention of
removing them again
Deputy Attorney General Cathcart
and A. C. NJ. Robertson appeared in
behalf of Supt. Boyd and Cotton Bros.
and filed affidavits from both of the
defendants The affidavit of Contractor
Cotton differed from that of Mr. Boyd
in that it related that the work was
completed before he had been served
with the notice of the suit.
Supt. Boyd in his affidavit alleges:
TEMPORARY INJUNCTION.
Now comes James II. Boyd, Superln-
tendent of Public Works for the Terri
tory of Hawaii, and for cause why the
temporary injunction prayed for by the
said complainant should not be issued,
shows as follows
That he is the duly qualified and acting
Superintendent of Public Works for the
Territory of Hawaii that sometime prior
to the filing of the complaint here In his
aforesaid official capacity this defendant
made arrangements with Cotton Broth
ers and Company, defendants herein, to
erect a public wharf near the northern
portion of the Harbor of Honolulu, near
the property of the said Oahu Railway
and Land Company. and within the har-
Dor line alleged to have been established
by the Secretary of War; that according
to the plans for said wharf the same was
to have no connection with the shore for
the immediate present, although 1t was
the intention of this defendant to ulti-
mately extend the same to the shore,
connecting with a public road running
along the property of said complainant;
that said wharf has not yet been COM
pleted; that the early completion of said
wharf Is necessary for the accommoda-
ton of the commerce of said harbor,
and that 1t is the intention of this de-
PENDANT to extend the same so as to con-
meet with the shore at said public road
as soon as possible after the completion
of so much of said wharf as Is necessary
for immediate use.
That the bridge or wharf referred to in
plaintiffs complaint is a temporary APP
proach leading from Queen street, pub
lie highway, up to the line of the said
proposed wharf, and is necessary for use
in the convenient construction of said
wharf as in the use of said wharf for
commerce, pending connection of said
wharf with the shore aforesaid.
That at the time plaintiffs complaint
herein was filed this defendant was alb
sent from Honolulu, being on the Island
Of Hawaii; that he returned to Honolulu
on the morning of this Goth day of No
vember 1901. That the said bridge or APP
proach the construction of which plain
tlH seeks 10 was
completed prior to this defendants re-
turn to Honolulu, the same having been
completed and ready for use for the pur-
poses for which is was constructed.
This defendant further shows that said
bridge or approach has been constructed
over shallow water, about 300 feet distant
from the line of compliments property;
that the water intervening between COM
plainants said property and said bridge
oh iC ~
vessels such as scows and rowboats; that
the navigation of Honolulu Harbor I'M
derncath and shorewards from said
bridge or approach is not INSTRUCTED by
the erection thereof inasmuch as the
piles which support said approach are
about fifteen feet apart, and therefore
permit of the passage to and fro of such
small craft: that the erection of sucf
bridge or approach does not cause any
obstruction to navigation in said harbor
That said complainant has had and Still
has easy and clear access from its sale
land to said harbor for ocean going yes
sells as well as small craft, and sale
bridge or approach has no. caused ant
will not cause said complainant any los
or injury.
Judge Estee was inclined to allow tn
petition for temporary injunction, an
the defendants did not contest this yer,
strenuously as the work which the in
junction was to restrain has alread
been completed.
There is no denial here that tn
wharf is within the lines deliminate
by the Secretary of War" said Judg
Estee. IF the Superintendent of Pub
lie Works has gone within those lire:
there is nothing for the court to do bu
grant the injunction. AS the court un
derstands it, any obstruction within IN
harbor lines is a trespass, and no cit
zen can infringe upon the order of tn
Secretary of War"
Mr.. Robertson contended that no II
diyidual could seek redress in injunt
ton, unless specific damage was show
and that the only way such ord'
should issue was upon the applicable
of the Attorney General of the UGite
States He stated that there was T