Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-02-26
CLIMAX OF
BITTERNESS
Continued from Page y

/ Davies a. Co. have injured and embar-
I assed the Horners and 1t Is boldly In
timated that this was done In order TO
make certain the sale of the planta-
ton to the big agency The filing Of
this application for an injunction was
one of the over-Sunday topics of con-
versatiUn among the big interests.
At the meeting this morning little
was done except the busting Of Hor-
ner and the putting In of the new Off
GERS. On account of the court pro-
Cecdings involved, those connected
with the plantation do not care to dis
cuss the matter at length. but the Rob
ert lIorner faction is plainly elated
at the outcome.
The Injunction.
The bill for Injunction shows that
| Albert and Robert iiorner own most
of the shares in the company and that
what they do not actually own are
held by other members of the family
! Under an old agreement no shares are
to be sold to anyone outside the fam
| lily and that so far with the exception
of 400 sold at one time to II. +. Glade.
in order to protect Hackfeld a. Co.,
none have been sold. These were
purchased back few months after
the Incorporation of the company.
The Davies Interest.
The application dealing with the
past history of the estate states: And
plaintin further shows to Your Honor
that the said John NJ. Horner, Jay NJ.
| HoTner and plainti1, as partners
were the owners of an undivided one
half interest in mill property known
as Kukaiau MIL which said proper
ty will hereinafter be designated AZ
the Mill and that the other one-half
interest was owned by Theo. II. Da-
vies, who has since deceased, leaving
by will his interest In the said mill to
certain trustees who are lAHkthe own
ers of the legal title of Il Aaid half
interest of the said Davies fn'the said
mill: that by virtue of the contract
entered into between said corporation
and the owners of the said mill all OF
/
by the said corporation Is ground by
the said mill and manufactured into
sugar. and said corporation has at all
times and now Is bound to deliver all
of its sugar cane and the said mate
rial tn be so ground"
Cavios Wanted To Buy.
THAT the said T. II. Davies for
many years before his death made
frequent and different attempts to OBJ
tain from the said liorners their holt
ings in the said corporation and In the
said mill, to the end that the said Ia
vics might become the owner of the
said corporation and Of the said mill
property: that the said Davies and the
corporation entitled Theo. n. Davies
4 Company, Limited. formed by and
controlled by Davies. and now owned
ana controlled by the trustees under
the will of the said Davies. are and for
many years have been persons Of
great wealth and influence"
Unfair and Unjust Means Alleged.
ard using the said wealth and in
flucncc have been deavorng to add to
their large holdings of plantation
property, and have for many years
persisted in different ana Intellectual
attempts to obtain from said IIorners
their holdings In said corporation and
said mill, and To that end have used
different unfair and unjust means to
cmbarrass and harass the said Hor.
ncrs for the purpose OF compelling
said Horners against their better
Judgment and will to convey their said
holdings to the said Davies and thu
said Theo. IL. Davies a. Co, Ltd. that
th" said Horncrs realizing that the
said Davies and trustees under his vii,
would he able II they secured lar
ger portion OF the moicty of said mill,
and would so further harass and EN-
barrass said Horners that said Hor-
ners would he unble to longer resist
| sid Davies, his trustee and said Theo
II. Davies a. Co, Ltd. in their efforts
10 obtain the holdings of the said
Ilorncrs in said corporation and In
said mill; that said HOrners In order
to protect themselves against the de-
signs of said Davies have at all times
agreed and understood that no one OF
them should convey any portion of
their ownership In said mill to any
person other than the members of the
Horner family"
The Contract.
The statement further shows that
when the interests were made over
by Jay NJ. Horner TO his son the plain
tin, each of the parties undertook and
agreed that he would not sell or con-
yey any or all of his shares in the
said corporation or any or all his in
terest In the said mill to any person
other than one of the parties to the
said contract, without, however, first
Offering to the other parties to the
contract such of his shares or inter-
est as he desired to sell and at sucn
n price rs he could obtain from an out