The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-23
PAINS FIGHT
IS ENDED HERE
APPEALS TO MAINLAND COURTS
SAID TO BE THE ONLY
RECOURSE NOW.
WAY APPARENTLY FREE FOR
RAPID TRANSIT WORK.
Latest Injunction To Stop Work AL
ready Completed Is Postponed a
Week BY Consent.

The Hawaiian Tralnways Company
II is stated, has given up efforts to Sc
cure any decisions in its favor from the
courts of this Territory and hereafter
relies upon its appeals to the Ninth
Circuit Court of Appeals and to the
Supreme Court of the United States.
The company has ben advised by its
lawyers" said Attorneys Breckons this
morning. when questioned as to future
proceedings, Ito submit if the courts
here go against 1t, and to rely for its
rights on the appeals"
This does not mean in any way an
abandonment of the legal warfare, but
it does mean that there can be no more
injunctiOns, unless there are new de-
velOpments The application for an in
junction to restrain the work on King
street came up before Judge Estee this
morning, and on motion of attorneys
for the Hawaiian Tramways Company,
it was continued for a week. The case
is now of little Importance, except as a
| Strengthening out of legal records, for
the purpose of perfecting appeals. II
is claimed by the attorneys for the
/ Rapid Transit Company that the petit
/ ton for an injunction only applies to
the road that was completed last Sat
drday, and in the Rapid Transit Com
! pany's showing of cause why an in
Junction should not be granted. filed
/ this morning by McClanahan, it was
set forth among other things that the
/ work asked to be stopped was already
| finished. The previous decisions, Of all
the courts here. on the same points as
are involved in this latest application,
were also set forth by the defendants.
| 10
| the Tramways Company, asked that it
go over for a week. He had only just
| been served with the defendants show
/ ing of cause and hadn't had time to
| look If over. McClanahan consented
| and the postponement was ordered.
| The motion for continuance amount
ed to an abandonment of the action as
/ far as any eeffct, except on appeal
/ can be had.
q, The tearing up of Pains girder rails
on King street had been anticipated as
a necessary preliminary to laying the
Rapid Transit tracks, and it is said
that the Framways lawyers had a petit
ton for an injunction ready in case
work was begun. The work was finish
ed by the time court opened this morn
ing, however and 1t was too late for
injunction proceedings.
According to the present view of the
lawyers there is now nothing to pre-
vent the Rapid Transit from going
ahead with the construction of lines as
planned Some day there will come a
final decision from Washington, and If
Pain wins there will have to be a reck-
oning. 1t is likely to take years, how
ever, to carry the various appeals along
in the Circuit Court and get the mat
ter before the highest court in the
/ in I.F
get new franchise and put in electric
cars also.
In the Rapid Transit Company 5
showing of cause the submission on
agreed facts, to the Supreme Court of
Hawaii, is first set forth, and it is
claimed that the issue between the two
companies was adjudicated then. After
this decision, it Is alleged, the matter
was brought before the United States
District Court and another decision
was obtained. The respondent also
sets forth that the matter is now be-
fore the Circuit Court of Appeals
Having submitted the matter to the
Hawaiian Supreme Court by mutual
agreement for the purpose of obtaining
decision, the petitioners are estoppad
from further questioning the matter
says the respondent. The showing
says also:
AS a further showing of cause this
respondent ayers that it is abundantly
able to respond in damages to anJ
temporary obstruction or interference
with the operation on said King street
of said car line Of said petitioner which
may be caused through the construc-
tion of this respondents said car line
and that the issuance of temporary
Injunction in this cause, if this Honor
able court is vested with jurisdiction
in the premises, would work to youl
respondent a loss and injury far in eX.
cess of any possible loss or injury
p which might or could result to peti.
toner through a refusal so to issue
said injunction.
. "As a further and final showing o
cause why the temporary injunction
r prayed for should not issue, this res
pondent alleges and shows unto thi
Honorable court that the construct or
Of said railway ON King street com
/ planned of by said petitioner i'm its saIg
: complaint Is ar this time fully finished
q ana completed and rcady for the run.
. ming Of cars thereon. ANA cars are now
being regularly operated thereon