Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-01-15

in Ole biz answer bat und1 the rir
Cumalancoa. and w Wow vt The ttri
that the Territory d. concerned he The
matter aud ~ anxious to have ID con
cludpd as soon as puasiblu u is pos
flblc that the supreme Court may cat
down the time
The brief vt tho respondent JamCa
W Pratt Is In eject about the same as
that which came before Judge DE Bolt
deputy ATTORNEY General Milyerton.
who prepared II, RELIES on prartically
the same grounds which he brought in
bis original demurrer
The hill Is insuiIicicntly verified to
niitlc the complainant Ia relief by In
junction.
An Injunction cannot he granted M
ON bill stating conclusions Of law
The complainant. l.. l. McCandlcsg,
has not shown any or sufficient inter
uHl In the matter Ia cntillc him To an
injunction.
The re- IL no equity Ia the hill
with reference tu the first contcn-
ton, the brief Gays that as general
rule In an ordinary injunction hill
which rs sworn ia by the plaintin, II rs
necessary Ia state the matters which
are relied upon for an Injunction In
positive and direct terms, as being
within tho plaantin's personal knowl.
edge. The legal effect OF the verified
, ton In this ease Is that II rs wholly up-
IN Information and belief This form
NJ cerincltiun has been condemned by
| the courts
In regard to the second contention.
that an injunction cannot be granted
upon bill stating conclusions OF law,
I IA" brief states that II Is a well settled
| r1lc Oi plcadinEs that bare allegations
~ conclusions cannot avail the plcadcr.
especially where demurrer Is imposed.
without u statement OF the probatiyc
! acts upon which his conclusions are
based, and even when the facts are al
| legged. the avcrmcnts OF the plcader's
/ conclusions may often be- stricken ont
upon motion as irrelevant and re-
I Iundani
Because uf the hnrshncgs of the rem
rdy by injunction. strict adherence Ia
| thiH rule 1f pleading ~ required In u
! suit Tor m injunction
Allegations that the defendant IL
proceeding without authority Of law
that the acts complained Of are being
performed unlawfnlly are insufficient
That an act is wrongful or unlawful IL
usually conclusion Of law. The facts
legally showing that an act or acts ~,
unlawful should be stated.
The brief states that the complain
ants statements are conclusions ut
law, In that he says that the Commits
Hionor Of Public Works has no legal
right 10 exchange public lands Of La
nal lie also alleges that an exchange
u public lands as alleged In the bill b.
Pratt is not authorized by any law and
/ ihai Prati should he cnJoincd and re-
strained from making the exchange.
Al th's' allegations the brief holds,
hinl" mere legal conclusions.
| No' EN TITLED 10 INJUNcTION.
hosardlnE the contention that Me
'anhi'sS mas not SHOWN SUFFICIENT In
| l'r'bt ~ the subject matter To ontitle
MN I" m Injunction Mllyerton states
IN nus brlei mat the aid Of the courts
| hoth ~ Jaw ana ~ equity can only he
INVOKED ~ the instance Of some pei
son OF persons VINO have suffered or aro
| about Ia suffer some damage or iniury
III thiS case therc IL no allegation that
lhe complainant mas or VIII suffer any
INJURY or damage by reason OF the al
'seu contemplated acts OF the Com
missioner OF Pubic Lands. and the aid
| und assistance Of the Court rs only in-
No"'" ny th' complainant upon the
'n'oiF ''a' ne MS y cltlzcn of the Unit
'" S"'e6' resident OF Hawaii and "A
taxpayer W the territory. has right
'" come mo equity ana restrain The
"',5 complained o.
=, Wnere tilorc ~ no 8howinE," says
'po p'lel' mat the public funds are be
ins wa5'ed or mlSapplied or wrongful
~ u'bsipa'ed, the Courts uniformly
no'" 'nat injunction VIII not lie al
'U' instance on taxpayer To restrain