The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-03-10
Colonel Mandamuses Company Of
Which He Is President Son
Asks an Injunction.
(Erom sunday Advertiser.l


A bin for injunction and an applica-
tion for a writ of mandamus were fled
yesterday morning in the first circuit
court by Holmes, Stanley & Olson, hav-
ing bearing on IL ,494 shares of the
capital stock of the Kohala Ditch Com.
pany, one Of the big irrigation con.
Germs ON the Island OF Hawaii.
Tho suit is brought by Samuel X.
Parker against the Kohala Ditch Com
pany, Samuel Parker Sri, John T. Me-
Urosson, Frank f. Thompson, j. i. O..
Hagens, 0eorg Rodiek, Carl Widemann
and John Hind. The individuals men.
TONED as respondents are respectively
president, first vice president, second
vice president, secretary, treasurer and
directors of the corporation meatioped.
The complaint alleges that on Deem
Der 10, 1909, the corporation issued to
Samuel X. Parker, l,494 shares Of the
capital stock of the Kohala Ditch Com
pany, each share being of the par value
of ten dollars; that on April 25, 1918,
Samuel X. Parker transferred these
shares to Samuel Parker ST., and since
then complainant has had no interest,
whatever, in these shares.
No Transfer Made.
Samuel X. Parker alleges that these
shares are still owned by Samuel Par
ker ST., but that the latter has thus
far failed and neglected to have this
stock transferred to him on the books
of the eompanyj that on March 5, 1914,
Samuel Parker Sr. presented the certif,
cate of stock to the corporation and
directed the same to cause the proper
transfer to be made, but that the com
pany has SO far refused and neglected
TO do so.
The complainant claims that this
stock is paid up to the extent Of forty
six per cent Of its par value and that
tfty-four per cent Of its par value still
remains unpaid. The complaint goes on
further to recite that the complainant
believed that the company intended to
hold meeting at ten o clock yesterday,
t'for the purpose Of levying, and then
to levy, an assessment upon the unpaid
stock Oh said corporation, Including said
II ,494 shares of said capital stock"
Fears Liability.
The casus belli is brought out in para,
graph twelve of the complaint, as fol-
lows: tThat complainant is informed
and verify believes, and upon snch in
formation and belief, alleges the fast
to be that the said corporation and its
said officers have refused and do refuse
to cause the transfer on its books Of
the said II ,494 shares of the capital
stock out of the name of the complain
ant in order, by such assessment, TO
render complainant liable for the as
sessment so proposed in respect Of AMI
upon the said II ,494 shares Of capital
stock.
Ho then goes on to state that unless
the transfer is made he will "sufer
great and irrcparable damage; fur.
ther, that unless the company is re.
strained from leyying any assessment
upon the 11,494 shares and unless the
company is ordered by the circuit Judge
to transfer the stock the complainant
will suffer great material and irrrpar.
able damage A prayer, requiring the
officers of the Kohala Ditch Company
to do all these things, follows. ~.
Colonel Parker Sues. . ..
The SECOND suit is entitled, I'm the
matter Of the application of Samuel
Parker ST.. for writ Of mandamus
against the Kohala Ditch company,
Iohn Il. MeCrosson, first vice president;
Georg Rodiek, treasurer, aud ]. +. ID.
Hagens, secretary of the company
Samuel Parker Sr. is the president Of
the company. The prayer Of the appli.
cation, tor writ of habeas corpus is
as follows
!" Wherefore, your petitioner prays
that an alternative writ be made and
issued out Of this court ordering and
directing the said corporation and the
said officers to transfer the said II ,494
shares Of the capital stock of the said
corporation TO your petitioner and TO
record such transfer on its books, forth
with, and to issue TO your petitioner a
new certificate for said shares forth
with, pr TO appear and show cause to
the contrary, and for his costs and such
ether and further relief as may be just
and proper in the premises"
Alternative Writ Issued
An alternative writ of mandamus
was issued yesterday morning shortly
after nine O'Clock by Third Judge Viii.
liam j. Robinson of the first circuit
court, directing the corporation and the
officers cited to act according to the
prayer Of the application for writ
or then to appear and show cause why
II does not do so, tomorrow morning
at ten o clock.
Bonds Of indemnity in the sum OF
$4,000 each were filed yesterday by Sam,
uel X. Parker, in the first suit, and
Samuel Parker Sr. in the second, with
g, J, Waller as surety,
< RUB 1T IN. .,g