Honolulu Rapid Transit & Land Co. v. Territory of Hawaii Ex Rel. Hemenway
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts are stated in the opinion. Equity has no jurisdiction. Mandamus and not injunction is the remedy to enforce a statutory obligation.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts are stated in the opinion. Equity has no jurisdiction. Mandamus and not injunction is the remedy to enforce a statutory obligation. Walkley v. City of Muscatine, 0 Wall. 481; Supervisors v. Rogers, 7 Wall. 175; Rees v. City of Watertoim, 19 Wall. 107; People v. Albany & Vermont R. Co., 24 N. Y. 261; Shaekley v. Eastern R. R. Co., 98 Massachusetts, 93; Moundsville v. Ohio River R. R. Co., 37 W. Ya. 92. . In re Lennon, 166 U. S. 556, and 'Chesapeake & Potomac Tel. Co. v. Manning,-186 U. S. 238, discussed and distinguished. That…
1Opinion of the CourtJustice Moody
delivered the opinion of the court. •
The appellant, hereafter called the Transit Company, was incorporated by a law of the Territory of Hawaii. Chapter 66, §§ 835-871, Revised Laws of Hawaii. The corporation was granted the right to construct and operate a street railway for a term of thirty years in the District of Honolulu: The character of the construction was, in part, expressly prescribed by the statute, and, in some details, left to be determined by the Transit Company, subject to the approval of the Superintendent of Public Works. Section 841 enacted that—
“ The said' association . . .…
2Cases cited4 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- People Ex Rel. Linton v. Brooklyn Heights RailroadNew York Court of Appeals · 1902
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- Railroad Commission v. Houston Natural Gas Corp.Texas Supreme Court · 1956
- Commonwealth Ex Rel. Attorney General v. BennSupreme Court of Pennsylvania · 1925
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