The Hawaiian gazette., 1908-02-28
kOLOA IS SUED
FOR DAMAGES
CFrOn THURSDAYS 1dveruserl

CFrom THURSDAYS Edvertiser,l
Yesterday Judge Lindsay granted
temporary injunction to McBryde Su-
gar CO. against Koloa Sugar Co. TO
restrain it from using the waters Of
the Maniac stream in dispute between
the TWO companies until the ownership
OF the water right has been juiieially
decided. There WAS = week taken for
the hearing OF the petition for a tenn
porSry injunction. Kinney i Marx APP
peAred for MeBryde, and II. (. Cooper
and Thompson 4 Clemens for holOa
company,
In the decision the court seems 10
20 On the presumption thar the matter
VIII lie fought out in equity, on the
question Of making the injunction per
maneRt. MeBryde Sugse &C.. however,
brought s suit At law immediately
after the decision was rendered, 70 AZ
firm its claim on the water right and
waters IN question and To recover So
Jl1 damages Tor interference there
with hitherto. Following i the text
OF Judge Lindsay decision;
1t appears from the petition that
complainant was II pe2Ceaole posses
sion and had enjoyed the water rights
in question for I long period prior 70
December - last; thar on that date
defendant corporation diverted the va
ter b. building a dam and has ever
since then maintained same by force;
that irreparabIe injury 70 the COM
pIainaat Is being. done and will be
done BY the loss % the water for
irrigation OF its sugar cane
1t seems 10 the court that sufficient
appears on the face OF the petition 10
entitle the complainant 10 the tenn
porary relief prayed for. which viii
preserve the status quo The objections
urged by the demurrer can better be
considered when the question OF the
permanent injunction comes up for
consideration The demurrer is over
ruled The prayer Ior : preliminary
injunction is granrei-"
THE LAWSUIT.
3IcBryie Sugar Co. Lid. mas brought
3 suit for 50. GO, BY way OF actual and
punitive damages. against hOl0a sugar
Co. Lid. Hans Isenberg and L.
Weiuzheimer, for the seizure and ap-
Preparation OF waters OF the OmaO
stream. other than the water right and
waters OF its easterly branch; for
holding such waters continuously for
twenty-four consecutive days by
threats OF force and violence 70 Dc used
with the aid OF large bodies OF Japa-
asse la50rsrs collected there by the de-
PENDANT 10 Overawe and overpOwer said
employees Of plaintiff, sent % said dam
by plaintiffs orders % prevent further
diversion OF said water, and by as
saulIs committed upon said employees
while acting under said orders. wrong
fully. mzIiciouSIy, fraudulentIy, wan
toaIy and Oppressively, and D. dursss 7
As aforesaid, and for the purpose OF .
sxtOrtiug an immediate surrender and
abandonment By plaintiff OF Z part. !
a. least, OF said water and water I
rights etc
i jury trial al this January term OF 4
the First Circuit court Is requested /
kinney < Marx are attorneys for plain (
tiff
MARRIED ! THUG.
3IItsu Obayashi sues her husband. /.
Suitsro Ooayashi. f0r divorce Oh the ,
grounds OF extreme cruelty and nom .
support They were married al KO-
haIz on January g. 1915, D. Rev. H 4
II KanihO, and removed II January 4
1871 20 Honolulu After coming here 4
the cruel treatment o. the wife began .
and besides. instead Of receiving sup
port from him she supported hsr hus-
hand and was compelled b. hin % 4
furnish the money out OF her earnings
10 enable him 70 visit japan
On returning from japan the husband .
Immediately resumed his former brutal 4
conduct toward the vie and, finally,
the complaint states. Oh February II. /
lsJs. having induced her u meet him /
outside u the premises a. Pacific /
Heights where she had long been en-
plOysd a. house servant. ne dragged 4
her 70 2 vacant cottage II al adjoiu- 4
ing lot and saying he vas going u I
Kill her. thrsE her On the ground and
5rutzlIy beat and kicked her. He beat I
AID bruised her head and body with .
olOEz from a chair and, we're Il not
tOr the assistance of others who came
IN response 70 her screams. she fully (.
believes that re would then and there ]
have caui@d out his threats o. killing /
her.
n consequence Of the injuries re-
ceiTe1 and fear OF further beating and F..
abuse. the complainant was removed 4
5T her mistress and friends % the pro- 4
lection Of the Savannah Wesley Home. ]
where she now + cared for. : z.
Is attorney for il5elant. /
PROBATE or WILL.
Frank Andrzds and David DAYTON !
petition sOT probate % the viii Of Jose 1
Ricardo. IN which they are named az 1
sxecutorE- The estate consists Of land /
IN Kau valued at 1850 and casa |