The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-27
kOLOA IS SUED
FOR DAMAGES
After a Temporary injunction
Was Grandchildren
Court Items.

Yesterday Judge Lindsay granted a
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 judiciallv
decided. There was week taken for
the hearing of the petition for tenn
porary injunction. Kinney & Marx ap-
peared for McBryde, and II. E. Cooper
and Thompson & Clemens for Koloa
company.
In the decision the court seems TO
go on the presumption that the matter
will be fought out in equity, on the
question of making the injunction per
| manent McBryde Sugar Co., however,
| brought suit at law immediately
after the decision was rendered, to af-
| firm it's claim on the water right and
waters in question and to recover $25,-
| 600 damages for interference there
with hitherto. Following is the text
of Judge Lindsay s decision:
1T appears from the petition that
complainant was in peaceable possess
sion and had enjoyed the water rights
in question for a long period prior to
December 20 last; that on that date
defendant corporation diverted the wa
ter by building a dam and has ever
since then maintained same by force;
that irreparable injury to the COM
plainant is being done and will be
done by the loss of the water for
irrigation of ats sugar cane.
TT seems to the court that sufficient
appears on the face of the petition to
entitle the complainant to the tenn
porary relief prayed for, which will
lpreserve 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 for preliminary
injunction is granted
THE LAWSUIT.
McBryde Sugar Co, Ltd. has brought
a suit for $4,000, by way of actual and
punitive damages, against Koloa Sugar
Co, Ltd, Hans Isenberg and l..
Weinzheimer, for the seizure and ap-
stream, other than the water right and
waters of it's easterly branch; for
holding such waters continuously for
twenty-four consecutive days 'by
threats of force and violence to be used
against the PLAINTIFFS employees, and
with the aid of large bodies of Japa-
nese Iaborers collected there by the de-
PENDANT to overawe and overpower said
G e,sI la11
by plaintiffs orders to prevent further
diversion of said water, and by as
saults committed upon said employees
while acting under said orders, wrong
fully, maIiciousIy, fraudulently, wan
tonly and oppressively, and by duress
as aforesaid, and for the purpose of
extorting an immediate surrender and
abandonment by plaintiff of a part,
at least, of said water and water
rights etc.
A jury trial at this January term of
the First Circuit Court is requested.
Kinney & Marx are attorneys for plain
tiff.
MARRIED A THUG.
Mitsu Obayashi sues her husband,
Suitaro Obayashi, for divorce on the
grounds of extreme cruelty and nom
support. They were married at Ko-
hala on January 81, 1906, by Rev. H.
NJ. Kaniho, and removed in January
1907 to Honolulu. After coming here
the cruel treatment of the wife began
and besides, instead of receiving sup
port from him, she supported her hus-
band and was compelled by him to
furnish the money out of her earnings
to enable him to visit Japan.
On returning from Japan the husband
Immediately resumed his former brutal
conduct toward the wife and, finally,
the complaint, states, on February II,
1908, having induced her to meet him
outside of the premises at Pacific
Heights where she had long been en-
ployed as a house servant, he dragged
her to a vacant cottage in an adjoin-
ing lot and, saying he was going to
kill her, threw her on the ground and
brutally beat and kicked her. He beat
and bruised her head and body with
blows from a chair and, We're it not
for the assistance of others who came
in response to her screams, she fully
believes that he would then and there
have carried out his threats of killing
her.
In consequence of the injuries re-
ceived and fear of further beating and
abuse, the complainant was removed
by her mistress and friends to the pro-
lection of the Susannah Wesley Home,
where she now is cared for. S. F.
Chillingworth is attorney for Iibelant
PROBATE OF WILL.
Frank Andrade and David Dayton
petition for probate of the will of Jose
Ricardo, in which they are named as
executors. The estate consists of land
in Kau valued at $1,000 and cash
amounting to SPILLS. Named as de-
Visees and legatees in the will are Ka-
laona, wife of Antoine Andrade. Kau;
benjamin, an adopted son, Kau: Cath |
Ole church at Punta Delgarda, Madei- |
ra. and Jose Freitas, a nephew, Repub-
lican City, Nebraska.
SUIT DROPPED.
George ROSd'S aSSumDSit SlIit q against |