The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-06
.L|L|HA STREET
TRIAL IS ENDED
Briefs to Be Filed This Week.
An Hour of Oral
Argument.

The Liliha street peoples injunction
suit against the Rapid Transit Com
pany is all finished now except the
filing of briefs. the decision of Judge
De Bolt, and the appeal that is sure
to be taken whichever side wins.
All the testimony on both Sides d.
rect and in rebuttal, was in by 1850
o'clock yesterday forenoon. E. C. Pc
tiers, for the Liliha street people, sug-
gested that the argument be by way
of briefs. D. L. Wilmington, for the
company, said he was ready to pro-
coed with oral argument at once.
Judge De Bolt suggested that he was
willing to sit a little later than twelve
o'clock noon, and that he would like
|, it if each side would make oral argu-
ment to the extent of outlining their
position and their theory of the case,
and then the briefs could be filed
later. This suggestion was accepted,
and about an hour was consumed in
oral argument, altogether. The last
brief is to be in by Saturday noon
| next.
( Former Governor Carter was the
leading witness yesterday. He testi-
| fed to the meetings and committees in
regard to the proposed change in
/ schedule with which he was connect
ed. He gave an account of the various
| conferences in behalf of the people of
Liliha street, concluding with the one
at the Office of Castle & Wilmington,
at which, as a compromise for the fif-
teen minute schedule, a ten-minute
schedule for the rush hours and a
twenty-minute schedule for the rest
of the time was proposed. Governor
Carter testified that he agreed to that
compromise for himself, and agreed
that he would urge its acceptance by
the people as being the best that could
be done under all the circumstances.
w. L. Howard, F. T. P. Waterhouse
and L. L. McCandless all testified to
the same matters. Their testimony as
to what occurred did not differ mate
rally, though it was clear that there
was considerable difference of opinion
among them as to just what the COM
mittee should do after this conference,
whether to call another meeting to re-
port back, or what. There seems to
have been some sort of an understand
ing that there was to be another con-
ference between representatives of the
people and thes company, though this
seems to have been somewhat indefi-
mite. As a matter of fact, there was
not another conference. There was a
meeting of the Liliha street people
where il was decided to hire a lawyer
and act on his advice. Peters was
hired and his advice was to act quick
~, before the company acted; and the
Injunction suit was the result.
The following are the witnesses who
testified in the case: C. G.. Ballentyne,
Alonzo J. Wilson, E. c. Peters, Dr. c.
B. High, C. V. E. Dove, F. r. P.
Waterhouse. N. E. Gedge, John Akau,
E. A. Berndt, J. D. McInerny, E. P.
Fogarty, Oliver Stillman, w. H. Nc
Inerny, P. Silva, John c. Lane, J. 0.
Young, Albert F. Judd, w. w. Thayer,
G.. L. Samson, C. d. Samson, J. H.
Schnack, James L. Holt, George r.
Carter, w L. Howard and L. L. Nc
Candless.
In presenting his argument and his
theory of the case, E. c.. Peters, for
the Liliha street people, quoted Section
S41 of the Revised Statutes as follows:
1.-THE said association and others shall
at all times maintain a sufficient num-
Der of cars to be used upon said rail-
way for the carriage of passengers,
as public convenience may require, and
such other cars designed for the car
riage of mails, parcels and goods as
| they may deem necessary
The duty imposed by this was a
duty measured by public convenience.
That duty could be enforced only by
| the Territory. not by individuals. AS
a public service corporation, the COM
pany had received an exclusive fran
] chise. 1t owed duties which could be