The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-02
Given Five Days to Put
BaIIou's Name in
Directory.
History Of the Trouble Between
Telephone Corporation and
One of Its Patrons.

| the MUTUAL Telephone Co. Tor cor
| tempt of court on the motion of S NJ
Ballou for an order to show cause. H
| considered it would be too severe t
order the destruction of the company.
latest directory. as it was not neces
sary. The order of the court was tha
| the Mutual Telephone Co. should, with
| in five days, cause to be inserted in ev-
cry copy of the directory issued to sub
scribers a slip of paper containing the
name and number of Mr.. Baliou as
they appeared in the previous directo-
ry. The case would be continued for
five days accordingly.
1t had been admitted by the respond
ent that the directory was a necessary
part of the service, therefore the court
held that by the omission of Mr.. Bal
LOUIS name from the directory the in
junction had been disobeyed.
THE INJUNCTION.
The temporary injunction was in
these words:
Therefore, you the said Mutual Tel
ephone Company, Limited, corpora
ton. your officers, agents. and servants.
are hereby strictly enjoined and COM
manded to desist from disseminating,
disconnecting, or in anywise interfering
with the telephone service of Sidney
Nj. Ballou on any pretext whatever un-
til further order of this court, under
penalty of being adjudged in contempt
of court.
Herein fail not at your peril
Mr.. BALLOU-S COMPLAINT.
Following is an abstract of the petit
ton Of Mr.. Ballou, upon which the
temporary injunction was issued, On
20, 1903, and upon which the
issue Of a permanent injunction is still
pending:
Sidney M. Ballou represents as fol-
lows: That he is a citizen of the Ter
ritory of Hawaii. That the Mutual
Telephone Co, defendant is a corpora
ton, having monopoly of the tele-
phone service in Honolulu and on Ga
hu. That it is the duty of the defend
ant TO furnish to the public an ade-
quate telephone service, by instruments
and equipment as efficient and con-
renient as the state of the art affords, |
and at reasonable rates, and that petit /
toner has at all times paid all moneys
and done and performed all reasonable |
acts and things to entitle him to the
service described. That defendant has
lot for several years last past, and does
lot now furnish an adequate telephone
service by means of instruments and
equipment as efficient and convenient
Is the state of the art affords.
That in May last the petitioner APP
died at the Office of the company in
Honolulu for the installation in his
esidence of desk telephone, and that
defendant then and there refused abso-
utely and Internationally to install
aid desk telephone, but installed a
vail telephone in an inconvenient place
n petitioners residence for which pc
itioner has paid the rental demanded
( $3.50 a month. That such desk tele-
hone was and is necessary and reason
BILE for the use of petitioner and his
amily, and that thereupon petitioner
urchased a desk telephone on the
pen market ana installed it in his resi-
ence at his own expense. That such
esk telephone is of the latest and
lost approved design. as convenient
nd efficient as the state of the art af-
,rds, and is so connected with the de-
endant's lines as not to impair or in
ny degree interfere with the proper
nd efficient workings thereof.
That on or about September Is, 1903,
lie defendant by an agent or servant
hose name is TO petitioner unknown h
ltered his residence, without leave or 7
cense first obtained, and cut the wires :
said desk telephone. That the petit y
oner inimedia tely repaired the wires
Id about September "a the defendant,
: an agent or servant, again entered =
e petitioners residence without leave /,
id again cut said wires. =
That on September % defendant for =
e first time offered to install a desk
lephone in the residence of petition
but said offer was confined to the d
vie and kind of desk telephone kept
IA furnished by defendant, which Pc
Toner alleges is a bulky and clumsy
strument and not as efficient and
nvenient as the state of the art at
rds. and said offer was accompanied
a demand for the rental and use of
id desk telephone at the rate of $500
r month, which your petitioner al
res is an exorbitant rate and out Of n
proportion TO the actual cost and hc
. burden of care and maintenance y
said instrument"
it is represented that defend N