The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-21

Injunetion-street railroad-threaten-
ed violation of statutory requirement
OF service.
The statute granting the defendant 5
franchise requiring II to maintain at
ali times q sufficient number Of ears
10 be used for the carriage or passen-
gers as public convenience may require,
the Circuit Judge, at the suit Of the
ATTORNEY General. enjoined threaten
ed reduction of a long continued ser
vice on a particular street. Held, al
4irming the decree appealed from, that
the duty imposed bv the statute was
sufficiently specific, that the evidence
supported the finding that the proposed
service was insufficient for public con-
venienee. and that injunction was the
proper remedy 10 restrain the threaten
ed violation Of statutory duty.
OPINION OF THE COURT BY HART
WELL. C-J
This is an appeal by the defendant
from a decree enloining II from oper-
ating upon Liliba street IN Honolulu
ears less IN number than are now oper-
ated and maintained, TO wit: One car
every ten minutes both ways with ex-
ception in respect of the first car up
or northerly and the last ear down or
sontherly. when only one way The
plaintiff 3 bill, brought by the Alter
ney General, AYERS that the defendant
Is operating a single track electric rail-
way upon certain specified streets an
Honolulu over lines described IN the
bill and designated as the Liliha- w al
alae. King street, Punahou, Nuaanu
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 Wyllie and River
streets are operated on a en-mlnnte
schedule and that the lines are so ar
ranged that ears OF connecting lines
meet nearly simultaneously at transfer
points.
The bin further AYERS that the por-
ton 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 ears along that street and other
streets over which the connecting lines
operate; that the convenience of the
public requires that the Ien-minute
that the defendant IN violation Of the
rights of the public and its duties IN
der the law and the requirements of
ITS charter proposes 10 modify the LII
1iha- Waialae schedule so that ears viii
be operated over Liliha street between
o'eloek in the morning and O'Clock
in the afternoon, and between 6 o 'cloek
in the afternoon and Il clock mid
night, under a twenty minute schedule;
that reasonably prompt transportation
facilities and making reasonably prompt
transfers TO connecting lines, preventing
unnecessary DELAY In travelling over LII
iiha street. require that a ten-minUte
schedule be maintained on Llliha street;
that the proposed change would prevent
this AMI cause delay at the transfer
points Of the Liliha- Waialae line with
connecting lines. unreasonably retard
transaction OF business and pursuit of
pleasure to the detriment and irrepara-
Bile injury Of the public and contrary
10 its rights in that behalf; that eer-
tain residents a3 iaeent TO I4iliha street
have complained TO the Attorney Gen
eral and represented TO him that the
convenience of the public generally, and
Liliha street residents IN particular, re-
Guires 2 ten-minute service upon that
street and that a service of a greater
interval than ten minutes between ears
would be a serious Inconvenience to
them and to the public generally
The defendant In its answer AYERS
that the court has no jurisdiction Of
the subject matter of the suit; that
the allegations IN the bill set forth no
ground of complaint against the de-
PENDANT or for relief by injunction or
otherwise or cause for the exercise OF
the jurisdiction of the court; that the
bin does not show that the Territory
authorized the suit or Is a proper party;
admits that In many eases its schedules
are Sc arranged that cars of connecting
Ines meet nearly simultaneously at
I ansfer points. but denies that this Is
: the ease generally or that its line over
Liiha street is about two miles long,
being 710l feet, or that it runs through
a densely populated district IN which
are about or approximately 5000 resi-
dents; denies that the convenience Of
abe public requires a ten-mlnute
schedule or that the proposed change
would not operate 10 the public con-
venienee; ayers that in the endeavor
to improve the service Of the IIlIha-
Waialae lire it proposed continuous
fifteen-mfnHte service from Walalae TO
Iiliha street but after conference with
certain persons representing Llliha
street patrons and others representing
the Waialae portion Of the route and
after 3 thorough canvas Of the sItua-
zion and discussion Of al the facts IN
regard TO the necessity Of travel 81
each end and the convenience of the
general public i was unanimously
agreed and. at the recommendation of
said persons. the defendant consented
10 change its plan and modify the
schedule of the LIfiha- Waialae line as
alleged IN the bin, and was proceeding
TO DO SO al the time OF the service OF
the temporary injunction which was
made upon the fling Of the bin: that
the proposed service Is al that the
exigeneies OF travel along the line and
the accommodation OF the patrons OF
She road demand with view TO econ
omieal operation Of the system and il
an ample service under all the eondl-
tons
The Circuit Judge heard the cause
upon the pleadings and, finding upon
the evidence addueed that public con-
vaufar7a7 ra.r,,5~a5S the <ynu7rar Of ears