Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-09-30
SUES TELEPHONE CO.
BALL0U'S DESK PHONE
HAD ITS WIRES CUT
STRUMENT is INEFFICIENT
AND RATE CHARGED
ExoRBITANT.

Sidney NJ. Balou filed a bill for in.
juction against the Mutual Telephone
Co.. Ltd. Tuesday morning. Plaintiff
in his declaration sets forth that the .
the Mutual Telephone Com.
pany. Ltd, Is a corporation having a
monopoly of the telephone service OF
Honolulu and oahu. That II Is the
duty of defendant to furnish to the ,
public an adequate telephone service
by means Of instruments and equip.
ment as efficient and convenient as the
state of the art affords. and at reason.
able rates; and that the petitioner has
at all times paid all moneys and per.
formed all reasonable acts and things
to entitle him to such adequate and Of.
fCient service. The defendant has for
several years past and does not now,
furnish an adequate telephone service.
Further. that during the month Of
May last past petitioner applied for the
installation of desk telephone in his
residence. Defendant refused, without
ADEQUATE ltdSbH anu NDHNldlN W Nll'
rights of the petitioner and the duties
OF the defendant as public servant,
20 install the desk telephone, but put
up a wall telephone instead, Tor which
the petitioner has paid the rental de.
manded Of $3.50 per month.
Petitioner and his family found a
desk telephone necessary to them and
petitioner purchased such an instru'
mcnt in the open market and installed
| 1t at his own expense. This phone Is
OF the latest and most approved de.
| sign and Is so connected with defend.
any degree interfere with the proper
and efficient workings thereof.
on September IS, 1903, the defend
ant by an agent or servant entered pc.
titioner's residence without obtaining
leave or license and cut the wires OF
the desk telephone. The petitioner inn
mediately repaired the same. but on
or about September ~ the defendant
again had the wires cut in the same
manner as before.
On September % defendant for the
first time offered to install desk tel
cphone In petitioners residence, but
the offer was confined to the style and
kind OF instrument kept and furnished
by defendant, which petitioner alleges
Is a bulky and clumsy instrument and
not az efficient and convenient as the
art affords. This offer was accompa
| al. az nd Tap
use OF this desk tClcphOas al the rate
OF s. per month. which petitioner al
lcgcs Is an eXOrbitant rate and out O
all proportion to the actual cost ant
burden OF care OF the instrument.
The defendant now threatens ant
intends TO disCOnneCt and discontinue
the telephone service OF petitioner OF
the ground that he maintains the desl
telephone. Petitioner believes that thu
defendant will. unless restrained b.
Injunction, discontinue his telephOn,
service contrary to his rights and tn,
defendants duties as a public tele
phone company. thereby subjccting
the petitioner to great annoyance. in
convenience and irreparable loss AM
r damage.
Wherefore. and inasmuch as pet
TONER is rcmediless at the common
, law and can have relief only in tn
: CourJ OF equity, petitioner prays:
, !. That the defendant be summon
ed to appear and answer this com
plant. and be bound by the proceed
p inGs therein.
.. That temporary Injunction ma
. issue forthwith commanding the Dc
: iendant, its officers, agents and serN
70 ants from disseminating, disconnectin
/ or in anywise interfering with petition
er's telephone service on any preteS
5 whatever until further order OF tn
% court under penalty of being adjudge
c in contempt OF court.
:. 3. That after due hearing of tn
= matters and things alleged, that sue
Injunction be made perpetual.
Q l.. For costs and for such other r.
. lief as to the court shall seem meet.
: The temporary injunction was Il
: sued this morning and served on tn
Z Mutual Telephone Company, Ltd
: through It's president, j, o. Carter, b
Deputy Sheriff MCGurn.
U ~