The Hawaiian gazette., 1914-03-06
B|GPROJECTIS.
J TIED UP BY
!. INJUNCTION

(From ThurdaY Advertiaer. !

-
Following closely on the heels of the
many protests that have been made Of
late in regard to the reclamation work.
which Is being carried on now for the
Territory by the Lord. Young Engineer
ing Company, an injunction 10 restrain
this company or anyone else from con.
tinuing this work was fled yesterday in
the eircuit court by number Of Ke.
walO property owners, headed by j.
Alfred Magoon. This temporarily ties
up one Of the big territorial reelama.
tion projects in Honolulu.
The full title Of the case is as fol-
lows,
J. Alfred Magoon, Emmeline M. Ma
Coon, Julia II. X. Anderson, John Hen.
ny Magoon, Alfred X. Magoon, Eaton
n. Magoon, Catherine X. Hustace, Mar
mion Az Magoon; Emelesn NJ. Tyler,
Nellie +. Hustace, Cecil Brown, trustee
Of the estate of Kaleipuaa Kanoa, Ga.
hu Ice 4 Electric Company, A. b. Johan.
sen Mill Company and the Hustaee Peck
Company against Lord-Young Engineer
ing Company and John w. Caldwell, SUI
perintendent of the department Of pub
lie works of the Territory Of Hawaii.
The plaintiffs claim that they are
owners Of lands situated in Kewalo,
Honolulu, upon which many buildings OF
wood, brick and other material have
been constructed which are Of great
value, namely, $10d,000 and upward,
and that many of the plaintiffs carry
on business which make the constant
use Of the streets imperative, and in
case they shall be deprived of the use
Of the streets jp that section, that they
shah be compelled to suspend their re-
speetiye business.
Claim Lands Are Sanitary.
They elaimpahat the lands are sani-
tary, being several feet above the level
of the sea and are we'll drained, and
that there is no necessity for raising
the level of the lands in question nor
OF filing these in. They claim, further,
that the raising and filing in Of these
lands and streets will cost at least $780,
900, That the manner Of pfoseeyting
the reclamation work and the md teriai,
intending salt water, which is being
used, is improper, Is the contention OF
the plaintiffs. They claim that the fill-
ing will render cultivation impossible,
that the homes and commercial build.
ings will be rendered absolutely useless,
as well. Thedstseets are in an impas.
sible conditi6Go because of the work
being carried on, claim the plaintiffs.
The prayer Of the petition for an in
junction is as follows:
Allegations of Plaintiffs.
Therefore, plaintiffs pray that de.
fendapts be cited TO appear and answer
this complaint and show cause why
plaintiffs should not have the relief
herein prayed forj that pending the
final determination of this suit, writ
Of temporary injunction issue directed
to said defendants and to each of them
from entering upon the property Of the
compliments or any part thereof; and
from raising and filling in the same,
and from depositing an admixture Of
salt water, sand and coral or any other
mixture and (or) substance upon their
respective lands; and from any way
flooding their respective lands or from
any way interfering with the buildings
and structures ON said lands, and from
raising and filing in the streets upon
WHICH PLAINTIFF, respective lands front,
and from depositing any admixture Of
salt water, sand and coral or any other
mixture. upon said streets; and that
upon final hearing Of this case writ
of permanent injunction issue directed
TO said defendants and enjoining them
and eRch Of them from doing the things
as in said writ of temporary injunction
set forth; and that defendants be or
dered to pay the costs of this suit and