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

entitled, IAN Act to provide a govern
ment for the Territory of Hawaii" ap-
proved the Soth day of June, 1900. all of
the powers and duties which by the laws
of the Republic of Hawaii We're confer
red upon and required of said Executive
Council. not inconsistent with the Con-
stitution and laws of the United States,
were conferred upon and required of the
Governor of the Territory of Hawaii.
The Honolulu Rapid Transit and Land
Company, respondent herein. and cor
poration organized and existing under
ard by virtue of the laws of the Repub-
lie of Hawaii, is the successor and as
sign of Clinton G. Bailontyne and 9TH
erS.
1t further appears that ever since the
assignment of the rights. privileges, and
franchises granted to William X. Austin
and his associates, to the petitioner here
in. tc wit: some time prior to the litn
day of November, 1880. the petitioner
herein has operated and maintained and
still operates and maintains upon certain
of the streets of Honolulu, a street rail-
way, including the street known as King
street therein. and on that portion there
of referred to in sad bill.
That the Rapid Transit and Land Com
pany, after hecCming the assignee In In
terest of Clinton G. Ballentyne and his
associates. and after its Incorporation Oh
August 81. 1898, began publicly to con-
struct a street railway in Honolulu, the
said showing of cause alleging ;n1s said
respondent 'is now and since the 3lst
day Of August last has been, operating
a street railway of the type aforesaid,
through a number OF the principal streets
of said Honolulu, under and by virtue Of
its said charter"
1t is admitted that the Rapid Transit
and Land Company had at the time of
the fling of the bill herein, commenced
to construct and is constructing a street
railway along King street for a distance
{ more than 1900 feet thereon. and along
that portion thereof westward from Ii
liha street. and referred to in the pill,
and in such construction of said portion
of said street railway Is paralleling the
railway track of the SAID plaintiff and
petitioner.
1t is claimed by the respondent that
| its action in so doing Is IN conformity
with the grant in its franchise (Act 60
of the Session Laws of 1898 aforesaid),
and of a decision of the Supreme Court
/ Of the Territory of Hawaii namely. the
case of the Rapid Transit and Land Co.
VS.. The Hawaiian Tramways Company,
Limited, reported in 13 Haw p. 1863. and
/ In response to petition of n majority
of the property owners on said King
I street, and with the consent of the Gov
crnor of the Territory of Hawaii in ac-
cordanCe with law and the regulations
of the departments of the Territorial
! government of Hawaii, vested with au-
! thority in the premises.
! The bill of plaintiff claims that the
action of the said respondent is "in de-
rogat!on of the prior valid rights of your
! petitioner. under its franchise and that
the laying of such tracns will interfere
with and impair the beneficial enjoyment
Of the prior valid franchise of the petit
| TONER"
The Jurisdiction of this Court is in
Nokcd through allegations in the bll that
I the charter of the respondent Is uncon-
stitutlonal, null and void. Is in conflict
with the Constitution Of the United
States of America; and that said char
ter ana each any every portion thereof.
/ Is in conflict with the laws Of the United
States, and In particular with that GER
tain Act Of the First Session of the Fifty.
Sixth Congress of the United States APP
proved April 30. 1900, and entitled, IAN
Act to provide a government for the Ter.
rltory Of Hawaii"
1t further appears that w. II. Pain
from the year 1889, has been and now Il
the manager of the business Of the sale
petitioner in the city OF Honolulu.
That prior to the filing of the bill #
equity herein. to wit: on the 22d day o.
January, 1901, In accordance with tn,
provisions of Sections 1855 t. 1888 inclu
sivc, of the Civil Laws of the Territory
of Hawaii, submission or certain alcg
ed facts was made to the supreme Cour
of the Territory of Hawaii, and deci
sion thercin rendered by the said Su
, premc Court, on the 2Gth day OF April
l"ol. in an acton entitled. "The Rap,
Transit and Land Company VS.. The lIa
waiian Tramways Company, Limited"
The facts Of the controversy as Sc
forth in the said submission signed hN
the parties thereto and as appears in tn,
opinion and Judgment Of the said Su.
prcme Court of the Territory of Hawai-
reported in lS llaw., page 3G3 We're a,
follows:
"First.-That the said Tramways Com.
rany, rs authorized by law. is operating
"A street railway or tramway in Honolulu
in the Territory of Hawaii. and occupigs
IA single track with switches and turn,
outs on King street from the Walk k
road to point near the government
pumping station at Kalihi. Slid Tram
ways Company proposes to lay Il double
track other than the necessary turnout
and switches along said King street an.
to operate thereon II tramway by eloc
tricity.
ScCond.-That the said Honolulu Rapil
Transit and Land Company is the lawfu
holder of franchise granted TO Clinton
q. Eallcntyne and others by Acts 6s and
20 of the Session Laws OF 1895 and hav.
ing received a petition from the majority
or the owners Of property on said King
street and the Executive Council hayinu
consented thereto. for that portion OF
said King street lying between Nuuanu
stream and Thomas square. 1t propose.
to lay such railway and operate the same
on said street between said points tn,
distance between said points being great.
ly in excess OF seventeen hundred Q701
feet.
'Third.-That no act which could b-
construed as an act of acceptance of the
Act OF 1890 was done by the Hawaiian
Iramways Company. Limited, until after
the expiration Of the time limit set ou,
in the Act of 1895
'Fourth,-That in the month of June.
1899. the Hawaiian Tramways Company
Limited, notified the Minister of the In.
terror of its intention to lay double
track on all the roads covered hy its
franchise, and inclosed in the notification