The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-26
SUIT
IS BROUGHT
For Injunction Against
Business Of Foreign
Corporation.
tFrom Saturdays Advertiser)


A temporary injunction was granted
| by Judge Gear yesterday afternoon a.
gainst the Pacific Hardware and Steel
| Company, a corporation, and its man.
ager, T. A. Hays, at the suit of the
Territory of Hawaii by Lorrin An
drews. Attorney General.
| Respondent and each and both of
| them are commanded by the writ,
which is sought to be made perpetual,
ito cease and quit carrying on busi-
ness within the Territory of Hawaii,
for and on behalf of the Pacific Hard
ware and Steel Company"
| The bill of complaint states that the
respondent company Is a corporation
! formed and existing under the laws
I of the State of California, having it's
principal place of business in San
Francisco; that the purpose, object
and business of the said Pacific Hard
ware and Steel Company is the selling
and disposing of hardware, steel and
other commodities manufactured from
metals and is now and for twelve
months last past has been carrying
on the said business within the Ter
ritory of Hawaii: that for the past
year the business of the corporation
in this Territory has been managed
and conducted by respondent Hays,
and as the subject matter of COM
plant:
THAT said corporation does not in
vest and use its capital in the Terri
tory of Hawaii, nor is it engaged in
the business of foreign or interstate
commerce. nor is now nor has within
twelve months last past been employed
by the Government of the United
States of America. but said corpora
ton has failed and neglected to do
and perform any and all of the fol-
lowing acts as by law provided and
required of it to be done and per-
formed, that, is to say:
The said corporation has failed and
neglected to file in the office of the
Treasurer of the Territory of Hawaii
a certified copy of the charter of in
corporation of such corporation; said
corporation has failed and neglected
to file in the office of said Treasurer
the names of the officers of said cor
poration; said corporation has failed
and neglected to file in the Office of the
Treasurer of said Territory the name
of some person upon whom legal no
tices and processes from the courts of
the Territory of Hawaii may be serv-
ed; said corporation has failed and
neglected to file with the Treasurer
certified copy of the bylaws of such
corporation; said corporation has fail
ed and neglected to present to the said
Treasurer and file with said officer a
full and accurate statement and eX-
hibit of it's affairs; said corporation
has failed and neglected to obtain from
the said Treasurer and annual license
to have an office in the Territory of
Hawaii for the use of its agent and
employee, to wit, the said respondent
7. A. Hays; for the relief of which
in the premises your orator is without
remedy at law save by the interposi-
tion and aid of this Honorable Court
in equity; that said corporation does.
not own and possess any property eth
er real or personal within the Terri
tory of Hawaii"
This action will serve as a test of
the law passed by the Legislature of
1908, intended to protect local tax
paying merchants from the competi-
ton of agencies of foreign" concerns
doing an order business and contribu-
ting little or nothing to the support of
the Territorial Government. AS the
corporation now sued is very wealthy,
a strong fight is likely to ensue on it's
part to defeat the law upon the ground
of contravention of the Interstate.
Commerce laws of the United States.
Respondents Honolulu directory ad-
dress is: Pacific Hardware and Steel
Co, T. A. Hays representative, 25-26'
Alexander Young Building"