The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-05-08
FINDINGS OF FACT
FOR HIGHER COURT

The Supreme Court yesterday morn.
ing filed its findings OF fact in the Lii
liha street property owners injunction
against the Rapid Transit Company
These findings of fact are for the SUI
preme Court OF the United States or
the appeal taken by the Rapid Transit
company from the decision OF the court
here entoning It from changing the
lLniha street schedule.
In making it's findings the court says
that Il the question were an open one
IL would hold that no nndmes OF this
KIND would be necessary on appeal as
IN its opinion the organic Act controls
IN the matter ~ such Appeals. nut AZ
the supreme court ~ the tinted States
m the Blet,,e vase has siVeM a COM
trarN tntfAation, II MAKES nndtnes ~
fAct These are elsAt M nNmeeN IA
the Rpst three ,Ae SoNrt and a. a Neeti
9'Ne tesAl eNtsteNSe ~ the aefeNiant as
a yorCNYAtoR, that ,tNe VoNNtANN Ngeta
AJcs a slNsie Naek system IN hNhe,dlN
ami aNANNg NtNep NNes h tNN iAllAAt
WNtA,ee NNe{ tAe lNAN IN latina steeet
MAa a RAN 80 tAe hest liNN NpeFNteA
ami has NeeN NNNgAteA COMPLIMENTARY
eNep stNoe NA a teNsMANlN sNAVdNlNt
and that IA lNA she seyNiSN Mas eN-
teN1eA 10 WatA,Ae NA a tAtrtNrMh AtA
schedule fr>,,N fNwAA Junction.
The others In order ave;
(A since the latter part f iA'N y
ear has heeA run every teWh,N minutes
during the day from the junction "
WHITE and liNha streets 10 the Wat
a)ae terminus the line passing through
the business section Ut Honolulu the
center of which is Fort street, while
the alternate ears constituting the tens
minute seFviee on Iiiha street stopped
at River street, Connections We're made
with the ten-minute service ON the
King street line at thefoot OF Iiliha
street and the bulk of the travel trans
ferred at this point TO and from the
King street line which is the longest
and most important line of the COM
.pany,
co The population of Honolulu is
about 10000,
(0 The map of Honolulu shown in
evidence showing the street car system
may be referred d as a Fart a. these
findings,
Cd The company proposed to change
the service SO as to give, with the same
number of ears, a fifteen minute SER
vice throughout the -Waiaiae
line and procured permission from the
Superintendent of Public Works to
change its switches so as to give this
service. Objection was made by some
of its patrons, After conferences with
a committee which urged a ten-minute
service throughout the line the COM
pany agreed to a compromise service
which should give a twenty-minute
service during the entire day and a
ten-minute service from 5:45 to a. m,
ana from toI6 p. m. The company
applied to the Superintendent of Pub
lie Works for permission to change its
switches so as to give this service.
This suit was brought by the Attorney
General at the request of dissatisfied
residents of the district served by the
Liliha- street line.
(S) The evidence showed that public
convenience required the continuance
of a ten-minute service on Liliha
street. The court is of the opinion that
the eighth finding is a finding of fact,
but upon the appellants contention
that it is a mixed question of law and
fact, and its insistence that it's rights
in the Supreme Court of the United
States would be prejudiced should the
Supreme Court take its view of the
matter, and there should be in the rec
ord no findings of fact upon which
said eighth finding was based, the
court makes the following findings of
to its eighth finding.
(Sa) ten-minute service on Liliha
street has been continuously maintain
ed since the beginning of the opera
ton of the street railway system by
the company in Honolulu, to wit, since
about September, 1901.
(Sb) During that period there has
been a steady increase in the popula-
ton in the district served by the Lii
ha street line.
(Sc) Property in the section served
by the Liliha street line has been pur-
chased and houses built in reliance up
on a ten-minute service.
(Sd) There is a definite prospect of
further increase in the population serv-
ed by the Liliha street line owing to a
recent sale of homestead lots at Alewa
by the government.
(Se) There(was testimony of individ-
ual patrons tending to show that pub
lie inconvenience would result from the
proposed change.
(SD The entire system Of the COM
pany is operated at a profit.
(Sg) The evidence did not show either
that the Liliha street line or the Liliha
Street-Waialae line was operated at a
loss.
(Sh) The remainder of the defendant
system except the two outlying dis
tricts of Manoa and Waialae is oper-
ated upon a ten-minute service.
The case now goes to the Supreme
Court of the United States upon these
findings of fact for it to determine
under the law the proceeding
by the Attorney General was authoriz-
ed, and whether if it were. the law
and the facts justify the perpetual in
junction.
WANT RESTORATION Of