The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-12-01
RAPID TRANSIT
WINS ITS CASE

The decision of the Supreme Court
in the Liliha street case is one of very
great importance both to the Rapid
Transit Company and to the public. The
Rapid Transit Company had from the
beginning of the operation of this line
maintained a ten-minute service. In
| order to enable it to make improve
ments on the Kaimuki line, as it claim
ed, the company proposed to give a
ten minute service on Liliha street dur
ing the rush hours and a twenty.min
ute service during the rest of the day,
giving a similar service to Kaimuki.
Property owners reached by the Lii
| liha street line protested against this
| change, insisting ON a ten-minute
| schedule throughout the day, and Sc
cured the permission of the Attorney
General to bring a suit for an injunc-
ton to restrain the company from Civ
ing less than a ten-minute schedule on
Liliha street. A temporary injunction
was secured, which was made perma-
nent by Judge, DE Bolt on hearing, and
| this was affirmed by the Supreme
Court of the Territory on appeal.
| The United States Supreme Court
| seems to have decided the case on the
ground that the executive officers and
| not the courts are the ones to con
slider and approve changes in sched-
ules," said Chief Justice Hartwell yes
terday. "That question was scarcely
raised before our court. 1t was not in
| the brief, and was only mentioned in
the argument. The question is close
one, and it seemed better to give the
benefit of the doubt to the full hearing
in the courts rather than the ex parte
| hearing before executive officers"
1t is probable that no action will be
taken by the Rapid Transit Company
until full text of the decision has
been received.
Another Kimura on Trial.
Last week Japanese named Kimura
was on trial before Judge Robinson
and, jury charged with assaulting
Chinese with knife This week Judge
Robinson and almost the same jury are
trying another Kimura for very SIM
liar offense, this Kimura being charged
with assaulting fellow japanese, Ma
gaia, with knife. The offense is al
legged to have taken place in the Win
ston block September l. S. +. Chilling
worth is defending and County Attor-
ney Cathcart is prosecuting. The jury
is as follows: Frank Foster, Patrick
McGrath, Charles p. Osborne, Samuel
X. Nainoa, William L. Paikuli, Duke
H. Kahanamoku, John C. Abreu, Sam
uel A. Walker, Solomon X. Fukumura,
Henry C. Vida, Charles X. Lewis, David
K Hoapili.
To Get Single Appointed.
In the proceeding for the appoint
: ment of Robert w. Single as one OF
the trustees of the estate of the late
James Campbell, the defendants, JOSEPH
/ o. Carter, the elder, and Cecil Brown
!, have filed demurrer. The plaintiffs
have Joined in the demurrer and have
moved that day be set for argument
5 on the demurrer.
Murder Case Goes Over.
The case of George Kaleikini, charged
with 4he murder of his wife some
months ago, appeared before Judge
Robinson yesterday. But his attorney
, w. c. Achi, was not present, and as the
. court was engaged in the trial of an
other case, this one went over unit
next Monday to be then set.
Appeal Dismissed.
H. w. Chase failed to appear yester
: day in Judge Robinson IS court wher
his appeal from the District Court wal
, called, and the appeal was dismissed
! Chase appealed from a fine of $50 fo
furious and needless driving with al
l automobile.