The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-03
ACCUSE KINNEY
Of BAD FAITH
Strong Charges Are Made in
Answer to Bill for
Injunction.

the various offenses against the laws
Of the Territory which they are alleged
to have committed With charges of
all kinds piled up against them, Ma
kino, Negoro, Sega and their associates,
by their counsel, Mr.. Lightfoot, come
back at the prosecution with a counter
charge of imprisonment "not for the
object of Furnishing crime but with
the object Of imprisoning the leaders
Of the Higher Wage Association, in the
hope that with such imprisonment the
laborers formerly employed by the
plantations will return to work. -
This countercharge is made in the
answer fled yesterday by the respond
ents to the bill for an injunction
prayed for by the Oahu Sugar Com
pany. Ltd, against Maxine and 81 other
strike leaders and strikers.
| The bin for an injunction was pre-
/ scented some time ago, and the respond
ents were given until next Saturday
to file their answer. In the meantime,
| however, charges of contempt Of court
have been brought against them on the
| ground that they have violated the
provisions of the temporary injunction,
and the respondents are now technical
! " in court on that charge.
| In their answer to the bill for an
injunction, the respondents say they
have no information concerning many
of the allegations in the bill. They ad
nit that on May certain japanese en-
| ploved at the mill made demands upon
| the manager for higher wages, were
| offered compromise and refused it,
and on May 10 the entire force struck.
| But the respondents deny that these
| acts of the japanese were caused or in
stigated by the respondents, being per,
| formed solely of the volition of the
striking laborers.
Answering another allegation, the re-
spondents state that the complainant
could secure all the labor it need if it
would pay proper wages therefor, and
they add, upon information and belief,
that ''said complainant is now paying,
and for some time past has paid, large
dividend, to wit: two per cent per
month on its capital stock.
They admit that in the bill the ON
GERS of the Higher Wage Association
are correctly named, and that there IS
a committee of 20. They admit that
the officers of the Higher Wage Asso-
citation at Waipahu are correctly named
but they deny that the Waipahu High
er Wage Association is in any sense
branch of the Honolulu Higher Wage
Association, but claim that all the va
rious associations are separate and dis
tinet, except in so far as they have Il
common purpose, that of securing high
So h. lob
The respondents admit that large
sums of money have been collected by
the associations, but deny that the
money has been used for any unlawful
purpose. The money has been used and
will be used, in proper manner for
attaining the objects of the associa-
tions.
It is denied that the Nippu Jill is
in any sense the organ of the Higher
Wage Associations, but the respond
ents admit that that paper has for
some time past advocated the cause of
higher wages, and the stockholders en-
dorse the policy of the paper.
Getting down to the meat of the
matter, the respondents deny that
"they have made any threats or used
or exercised any intimidation or COM
mitted any assaults in consequence of
| which japanese laborers have left the
employment of complainant or are
afraid to return thereto. These
respondents have no information as to
whether or not persons remaining in
the employ of complainant or desiring
to return thereto, are in fear of bodily
injury or their lives in the event of
their so doing, or are continuously
kept and intimidated and in fear of
attacks from these respondents or per-
sons by them employed; but these
respondents say that if any such per-
sons have such fear as aforesaid the
same is unfounded and not warranted
| by any acts of these respondents or any
person or persons by them employed;
and these respondents deny each and
every allegation in said paragraph con-
! tanned not herein admitted or other
| wise answered.
| Answering paragraph % of said
| bill, these respondents admit the al
| legations therein contained as to the
| criminal proceedings instituted against
! the persons therein named, and fur
| Their answering said allegations, these
| defendants say that many other Grim:
| mai proceedings not mentioned in said
| paragraph have been instituted against
these defendants and others in the
| name of the Territory of Hawaii by
| the law firm of Kinney, Ballou, Pros
ser and Anderson. attorneys for the
Hawaiian Sugar Planters Association,
and in this connection these defend
ants say that they believe and there
fore aIlege the fact to be that said
criminal prosecutions have been in
stituted against these defendants and
| others as aforesaid not with the object
of Furnishing a crime but with the OBJ
| ieet of securing the imprisonment of
the leaders Of said Higher Wage Asso-
| Citations, with the hope that upon such
! Imprisonment the laborers formerly EN-
ployed by complainant, will return to
work. And these respondents deny each
and every allegation not herein ad-
mitted or otherwise answered.
Wherefore, these respondents pray.
that the temporary injunction hereto
fore issued against them by this Hon
orable Court be dissolved, and that
these respondents be hence dismissed
| with their costs in this behalf most