The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-24

Irjunetion-street railroad-threaten-
ed violation Of statutory requirement
Of service.
The statute granting the defendant s
franchise requiring it 10 maintain at
al times a sufficient number of cars
70 be used for the carriage of passen-
gers as public convenience may require,
the Circuit Judge, at the suit of the
Attorney General. enloined a threaten
ed reduction of a long continued ser
vice on a particular street. Held, af
frming the decree appealed from, that
the duS imposed bv the statute was
sufficiently specific, that the evidence
supported the finding that the proposed
service was insufficient for public con-
veuienee. and that injunction was the
proper remedy to restrain the threaten
q violation Of statutory duty.
OPINION OF THE COURT BY HART
WELL. CT.
This Is an appeal by the defendant
from decree enioining it from oper-
ariuc upon Liliha street in Honolulu
ears less IN number than are now oper-
ated and maintained 10 wit: lone car
every ten minutes both ways with ex-
eeptlUn II respect of the first car up
or northerlv and the last ear down or
Soufherlv. when only one way The
plaintiffs bill. brought by the Attor-
new General. AYERS that the defendant
J. operating a single track electric rail
1vav upon certain specified streets In
Honolulu over lines described in the
oil and designated as the Liliha-Wai-
-lae- King street, PunahOu, Nuuanu
street. Manoa, Alakea street and Emma
street lines. the various connecting
points being set forth in the bill; that
The Punahou, Nuuanu street, King
street. Alakea street and Emma street
lines and that -ortion of the Liliha-
Waialae line between willie and River
streets are operated on ten-minute
schedule and that the lines are so ar
ranged that ears OF connecting lines
meet nearly simultaneously at transfer
points.
The bill further AYERS that the por-
tion Of Liliha street over which the
company operates its cars is two miles
in length and runs through a densely
populated nortion of Honolulu; that
there are about 5000 residents who use
the cars along that street and other
streets over which the connecting lines
operate: that the convenience of the
public requires that the ten-minute
schedule continue on Liliha street and
that the defendant in violation of the
rights Of the public and its duties un-
der the law and the requirements of
its charter proposes to modify the LII
liha- Waialae schedule so that ears will
lie operated over Liliha street between
. O'Clock in the morning and o CLOCK
IN the afternoon, and between 6 o clock
IN the afternoon and u o'clock mid
night. under a twenty minute schedule;
that reasonably prompt transportation
facilities and making reasonably prompt
transfers 10 connecting lines, preventing
UNNECESSARY DELAY in travelling over LII
liha street. require that n ten-minute
schedule be maintained on Liliha street;
that the proposed change would prevent
this and cause delay at the transfer
points OF the Liliha- Waialae line with
connecting lines. unreasOnably retard
transaction Of business and pursuit of
pleasure 70 the detriment and irrepara-
lie injury Of the public and contrary
10 It's rights in that behalf; that GER
tain residents adjacent to Liliha street
have complained to the Attorney Cen
eral and represented to him that the !
convenience of the public generally, and
Iiliha street residents in particular, re
ouires a teu-minute service upon that
street and that a service of a greater
interval than ten minutes between cars
would be serious Inconvenience TO
them and 10 the public generally.
The defendant in its answer AYERS
that the court has no jurisdiction Of
the subject matter of the suit; that
1he allegations in the bill set forth no
ground OF complaint against the de-
PENDANT OF for relief by injunction or
otherwise OF cause for the exercise of
the jurisdiction of the court; that the
ain does not show that the Territory |
authorized the suit or is proper party; |
admits that in many cases its schedules |
are so arranged that cars of connecting |
lines meet nearly simultaneously All
transfer points. but denies that this Is
the ease generally or that its line over
Liliha street is about two miles long, l
being 7lOl feet. or that II runs through |
a densely populated district in which |
are about OF approximately 5000 resi-
dents; denies that the convenience of
the public requires a ten-mlnute
schedule or that the proposed change
would not operate to the public con-
venience: AYERS that in the endeavor
10 improve the service of the Liliha-
Waialae line II proposed a continuous
ffteen-minute service from Waialae to
Iiliha street but after conference with
certain persons representing Liliha
street patrons and others representing
the Wsialae portion of the route and
after a thorough canvas Of the situa-
5ion and discussion of all the facts in
regard 10 the necessity of travel at
each end and the convenience of the
general public il was unanimously
agreed and. at the recommendation of
said persons. the defendant consented
70 change its plan and modify the
schedule Of the Liliha-Waialae line as
alleged in the bill, and was proceeding
10 do so at the time of the service of
the temporary injunction which was
made upon the fling of the bill; that
the proposed service is all that the
exigeneies Of travel along the line and
the accommodation of the patrons of
the road demand with view 10 econ
omieal operation of the system and is
an ample service under all the condi-
lions