Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-05-16
One to Oppose Franchise Be-
fore House Committee on
Territories in Washington;
Other for Action in Terri
torial Courts
NEW INJUNCTION SUIT
MAY BE DEVELOPMENT
Has Offered Services Gratis to
Governor Pinkham; Again
Declares He Represents No
Hidden Interest; Works Htor
Public" r.

A double-barreled fight against the
proposed new Rapid; Transit franchise
Is included in the plans of Attorney J.
A. Magoon, who leaves for Washing
ton tomorrow.
Attorney Magoon is going to Wash
ington primarily on a land suit, which
has reached tho United States SUI
preme court, hut while I'm the national
capital he hopes to get hearing De-
fore the house committee on terrific
ries. AT which he will oppose any new
Rapid Transit charter at the present
time. -
The second barrel of his gun is
loaded with an Injunction suit TO be
fought out in the Hawaiian courts.
The firing OF both barrels depends up
on the developments Of the next few
weeks
III Governor Pinkham declines to ap-
prove the new charter plan, as sub
mitted to him a few days ago by the
public utilities commission, the plan,
IL is conjectured, will not reach Con-
gress at all, and therefore an appear
ance before the committee on terri
torits may not seem necessary TO
Attorney Magoon. On the other hand,
81 the new charter draft or one similar
to II meets the governors approval
and is sent to Congress for action at
this session, the attorney may~-fife
his shot then and there, provided he
!. is in Washington. u
] His contemplated injunction suit
has these features:
He has offered his services gratis
to the territorial government to be
used in fighting the new charter plan
and in securing from the territorial
supreme court an Interpretation OF the
stock dividend" provisions OF the
present charter
In case the government accepts his
services be may possibly appear be-
fore the supreme court as "amicus
curiae" on the territory's appeal OF
the present injunction suit, decided in
favor of the Rapid Transit by Circuit
Judge Stuart weeks ago.
There is technical question whe-
ther this Injunction suit. which is now
before the supreme court, covers the
points on which Magoon verbally and
in letters to the Star-Bulletin has re-
Gently been attacking the present
franchise
II 1t should develop that these points
cannot be brought before the supreme
court for decision in connection with
the existing litigation, Attorney Ma
goon is determined to start an in
junction suit in the circuit court
which shall cover his points, and car
ry it through to supreme court inter-
probation.
He holds, briefly, that the Rapid
Transit has not the right to issue
stock dividends on the basis of profits
put back into enlargements and inn
proYements of the system, and there.
fore that much of the present and
contemplated capital stock issuance is
illegal and the stock worthless.
Represents Only Himself and Public.
Mr.. Magoon declared emphatically
again today that he represents in his
attitude no person on interest other
than the public and public interest,
and that he is retained by no one.
"The report that Link McCandless
has retained my services is unfair
and untrue" he said today Il am do
ing this from what | conceive is my
duty solely as a citizen of Honolulu.
I am not hostile to the Rapid Transit
Company or any member of the cor
poration. | am under obligations to
some of the large stockholders and
they are my personal friends. But |
contend that this stock bonus or stock
dividend plan is illegal and wrong,
and that we shOuld have a supreme
court decision on it.
THE Rapid Transit attorneys say
that the present suit does not bring
this Question before the supreme
court. II that Is the case, it should be
brought before the court by another
suit. / am willing to join as pri-
vate- citizen with group of citizens
to test this out and | am assured of
the support of hundred-yes, thou
sand Honolulans to see il through"
Attorney Magoon has offered his
services to Governor Pinkham to as
sist in getting the matter before the
supreme court. He said this morning
that the offer was verbally made.
Whether it will be accepted he does
ont know.
But he indicated Enthusiastically this
morning that he is in for long fight
against new Rapid Transit charter.
if a long fight is necessary, and he
expressed no doubt that he could make
the fight an interesting one.
From his comments Il would appear
that the new charter is likely to be