The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-22
ALL WORK
WILL WAIT
Dock Injunction
Continued a
Week.
,From Wednesdays daily

Judge Estee granted a continuance
Yesterday in the injunction suit OF the
oahu Railway and Land Company 10
nr.yent the building of the Hackfeid
docks. until Superintendent Boyd re-
turns from Kauai In the meantime,
however. no work is to be done on
the wharf, though the court issued no
restraining order.
A demurrer was filed by COTTON
BROTHERS Yesterday making the usuai
statutory objections to the company.
robertson & Wilder appeared in behait
Of the contractors. and Deputy Attor-
new General Cathcart appeared Tor the
Territory, and Superintendent Bovo vi
the Department of Publlc Works.
MI Rovd is out of town. said Mr..
Robertson in presenting the defense
Yesterday afternoon, and Cottoh
nrothers whom we represent, are put
sub-contractors. ] will state that the
,ynrk which it was sought to have
temporarily restrained has been COM
pleted." .,o,
- his s,ii xkyas served. l did not issue
a restraining order in TINS case pu,
the question is peprtinent' asked
Judge Estee ,n
MIR. Cotton was not served until
this morning, and the work was com
pleted before that time" replied MT.
Robertson. ,, 49,, /.
THE supreme Court has held that II
is inaptllcable for parties to go on
with work at night and out OF regular
hours when an injunction has been ap-
ulied for even though restraining
order is not issued. when the deieno.
ants know that such action is taken.
II understand that that Is when ser
vice has been made. Mr.. Cotton was
not served until after the W'rN "'"
been completed"
we would like the case to be put
over for a week. Mr.. BOYD Is the
principal defendant, and he cannot re-
turn before Saturday night, at the
earliest. .,
..That is satisfactory to the com
claimant" stated Mr.. Hatch, VINO APP
nearad for the railroad company.
II shall continue the case until one
week from today. at l o'clock, SO as
not to interfere with the jury III may
not he called up at that time, however
because the Pearl Harbor cases arr
set down for Monday, and | won |
permit anything to interfere with that
matter. ~, $50
I'm the meantime this case viii re,
main in status quo, and while l VIII
NOT issue a temporary injunction, ! ex-
Uect all parties in this case I" leave
all matters as they now are
The jury Was tNcuSe" s'''' -,
morning until Monday morning, wheh
the Pearl Harbor ease VIII be taken
nm The Bishop Estate is the irst OIL
the respondents to have trial. Two
of the trial Jurors. George Turner ana
l. T., Schubert, were excused LOT the
term, as they intend TO leave for AUS,
traiia a. n q
THE LIQUOR CASE.
The Territory won preliminary VIC
tory i'm the case brought by Mac1ar-
lane g. Co. ct al. VS.. William II, WriSh'
as Treasurer to test the constitutions
,litv of the liquor law. Judge Estee
Yesterday sustained the demurrer oil
rnsnondents, which alleged that PLAIN,
ticfs had not shown they We're damaged
by the enforcement of the law. IL
an oral decision rendered yesterday th'
court held: ,...., :,
1. The petitioners have not SHOWN II
their petition that they are injured d!
the alleged acts against defendant, 81
that they have an interest inNoiNeu II
the action, or that they have suner.'
any damage by the acts Of the defeno
ant. 49,, ,,a,i
>. No demand is shown by the Peti
ton to have been made on defendan
10 cease to issue the licenses referred
to. ~ 49,,
3. Plaintiffs fail to show that the.
have not an adequate remedy at law
The demurrer is therefore SUSTAINED
with leave to petitioners to amend AM
file an amended petition WITHIN Tel