Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-07-19


crosses and to approve vouchers
therefor and for materials to be fur
nished under said contract by said de-
fendant Lord Young Engineering Co,
! Ltd.
That said defendant ]. H. Fisher,
as Auditor aforesaid. will, if not en-
joined, issue warrants upon the Treas
urer of the Territory of Hawaii to said
Lord Young Engineering Co., Ltd, in
payment of the obligations so apprpv-
ed by said defendant Marston Camp
bell, Superintendent of Public Works.
That pursuant to Section 1926 of
/ the Revised Laws, as amended by Act
112 of the Session Laws of 1911, said
defendant Marston Campbell, Superin-
tendent of Public Works, on March IL,
1911, notified plaintiff in writing to
carry out certain improvements in re-
gard to the land hereinbefore describ-
ed, copy of which writing is hereto
attached and made part hereof,
marked Exhibit B, and that plaintiff
refused to carry out said improve
ments.
THAT plaintiff is informed and be-
lieves and alleges on such informa-
ton and belief, that the contract here
tofore referred to requires said de-
fehdantl Lord Young Engineering Co.,
It'd, and said last named. company has
therein agreed to fill in the land be-
longing to plaintiff heretofore .describ-
ed, and that it is the intention Of said
defendant, Marston Campbell. Super
intendent of Public Works, to have
such sorcalled improvements made at
the expense of plaintiff as provided In
said, Chapter SO of the Revised Laws
as amended
.sThat plaintiff is advised that Chap
( ter SO of the Revised Laws. as amend
ed as aforesaid, ais unconstitutional and
invalid for the following REASONS. to
wit: sk
s(al That it is contrary to the Fifth
Amendment to the United States Con-:
stitutioni in that, under said chapter,
plainiff is deprived of property with
out. due process of law and. so s.. !;
OBJ That said statute allows pri1
yate. property to be taken for, public
use without just compensation; and
.s"(c1 That under said chapter plain
tiff is denied a trial by jury, contrary
to the provisions of Article VII. of the
Amendments to the United States Con-
stitution: and
"(d) That said statute violates and
is contrary to Article XIV. of the
Amendments to the United States Con-
stitution; and
"(e) That said statute is in viola
ton of Section SIS of the Organic Act;
, and
"0) That said statute is otherwise
unconstitutional, invalid and void.
THAT plaintiff has no plain. adequate
and complete remedy at law.
Wherefore plaintiff prays that said
defendants may be summoned to APP
lpear and full and true answer make
TO the matters aforesaid and that they
may be bound by all proceedings that
may be had herein;
THAT upon hearing being had
herein writ of injunction may be
issued out of and under the seal of this
/, Honorable Court, directed TO said de-
PENDANTS and particularly enjoining and
restraining them as follows: The said
Lord Young Engineering Company,
Limited, from receiving any money I'M
der the contract referred to herein; the
said Marston Campbell, Superintend-
ent of Public Works, from approving
any vouchers for work done or mate
rails furnished under said contract;
and the said j H. Fisher, Auditor, from
issuing any warrants in payment of any
! bills or claims for work done or ma
terials furnished under said contract;
for costs and such other and further
relief as may be just and proper in the
premises