Territory of Hawaii Ex Rel. Bailey v. Gay

OPINION OP THE COURT BY

PERRY, C. J. (Banks, J., dissenting.)

In this suit, instituted “in the circuit court of the -first judicial circuit, Territory of Hawaii, at chambers, in equity,” the Territory of Hawaii and others as petitioners seek to enjoin the respondents Gay & Robinson, co-partners, and the Hawaiian Sugar Company, Limited, a corporation, from maintaining a certain dam and diverting water from the Koula stream which is one of the sources of the Hanapepe river. The allegations of the petition material to be considered in this opinion are substantially as follows: “That from the time…