The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-13
PAIN OPENS
NEW FIGHT
Seeks to Enioin
King Street
Work.
ATTACKS RAPID
TRANSIT CHARTER
Alleges that Governor Dole and
LsSislsture We're Without Au-
lhosity In July. 1898.

~
I'LL Territory In It's nght against the
" Honoiufu Rapid Transit Co. the
Hawaiian Tramways Co. began a sec
and bo1barducnt yesterday with an
application by Manager Pain In the
United States Court for an injunction
20 prevent the laying OF tracks upon
King street for the waikiki extension
Tse citation 20 show cause why the
Iaiun<tion should not issue IL made re-
turnable before Judge Estsc June p.
and work upon the line win BE- con-
tinued by Manager Baiientyne In the
meantime.
Another general attack upon the
powers OF Governor Dole and Of the
Hawaiian Legislature as exercised dur
lns the transition period. II made oy
Dunne a Breckons IN the complaint
nled In the United States Court yes
terday. The H0noIuiu Rapid Transit
"a. believes that the attack at this
tiu< Ia made 20 interfere with their ex-
t-agion. and for the purpose OF an ap-
~ TO the Court Of Appeais-
The petition nied - q lengthy one.
containlns besides ten pages Of reeita-
fisn OF cause. OF complaint. nearly 2oo
various exhibits These latter Include
the corporation papers OF the Tram
ways Co. fled In London. the charters
ssrantsd In Honolulu. and also the
franchise OF the Rapid Transit Co
me company claims that an exciu-
sive franchise for thirty years was
granted n. and 10 stiii In force. there
being but one proviso. namely. that one
other company might use 100 feet on
King street Manager Pain then al
s~s-~ that the defendant L. engaged tn
the construction Of n street railway be-
tween Thomas Square and the Waikiki
rrad. and has forcibiy entered along
side the tramway tracks. and removed
the pavement on King street. 90 the
damage of the plaintiff ~ iz then set
cut tnat the defendant is already using
rsors than t7oo feet OF Kinx street. and
! 10 Charged that All these acts are u
LEGAL TIE complaint further sets out
~. reasons therefor an follows
Tnar tne said alleged Act % the Leg
~
the TN day OF July. ~ ID. tss. IN 50
tar as 10 attempts TO give the defend
ant the right 20 occupy fcr street raIi-
way purposes. more than seventeen
hundred feet OF King street. impaired
tns obligation OF the eontraet entsrea
info b~swesn the Hawaiian Kingdom
ana your orator. and further consul
tufsd the taking OF private property
frrNpublfc uss and was In that respect
- Alutsiy nu1I and void
N1at prior 10 the alleged enactment
efth- said Act of July .. fsSS. the Re-
ruolie OF uavgaii had cedsd TO the Uni
t~d states OF America all sovereignty.
and that NJ the time OF the alleged en-
sctnsnE thereof there existed no sucn
body az the Legislature of The Terri
tory OF Hawaii. and no such state OF
-oversixnty as the Republic of Hawaii
mat on said 18th day Of August ~
b. fsss. the Governor OF the TERRITORY
% Hawaii had no power or authority 10
<rsnt franchise. -.
n fS9s. there was In existence no Law
- The Territory Of Hawaii autnor1<
lrr the Governor % the Territory OF
Hawaii 10 grant a franchise authortx-
ing the defendant 20 occupy sd
streets for street railway purposes.
Tnaf the Act OF Congress of the Oni.
I'D states OF America and the sara
approval or the President OF the Uni-
TED States OF America In so Tar as my
attempted 20 grant TO said deferdant
the right TO occupy for street railway
purposes more than 100 feet o. SIG
Eirs street impaired the obligation OF
the contract entered into between the
Hawaiian Kingdom and your orator
Constituted the taking Of private prop
erty for public use. without just com
p~u-ation. and were null and voi1.
That said act and said approvai con-
rrr,ed only such franchises granted oy
The Covcrnor OF the Territory OF Ha-
van as were granted In aecordane.
vita existing laws. and did not ana
L,vsre not intended To confirm tnc cnHI,
- a. ~ sofendaut in 80 far as said
~ conferred rights under aucn
I.sI-syd. act of July Z. fSSs-
mat By reason % the premises atore-
-ais. me construction OF the said Strset
hallway bv the defendant does. and the
| rnalnterance and operation thereof VIII
|-oa-.itutc n nuisance: that the con