The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-04-20

CONTRACT
Between the Government OF the Kingdom OF the
Hawaiian Islands and William III. Webb ana Zen.
iamin Holiday, Of the City, County and state OF
New York. one of the United States OF America,
partners. under the style Of the Untted States, New
Zealand and Australian Mail Steamship Line.
The undersigned. Minister of the Interior OF the
Kingdom of the Hawaiian Islands, for and on behalf
of the aforesaid Government, party OF the hrst part
and William H.. Webb and Benjamin Holiday
aforesaid, parties Of the second part. having In we"
the encouragement and extension OF steam com,
munication between San Francisco, Honolulu ana
the ports Ia Australia and New Iealanu' nave mu-
tually agreed as follows:
FrstsThe steamers Of the said parties OF the
second part shall have the right 10 enter and leave
10 load and discharge cargo in the P0rt OF homo
lulu, upon the payment Of all lawful charges there
on but their steamers shall be exempted from the
payment Of all port dues and compulsory piotaRe
they shall have free wharfage, and tue rght 70 pro-
cure water from the Government pipes Tree OF
charge.
Second-Tte said Government OF the Kingdom OF
the Hawaiian Islands will admit free oil GUY, coals
and other materials for the production OF steam,
and all supplies requisite for the use OF the sahu
steamships, and all vessels that may arrive during
the continuance Of this contract, loaded ebhrely
with Goals. machinery and supplies as aforesaid.
imported for said parties Of the second part, shall
be Tree from any and all taxes and hafDor nnsH'
excepting pilotage and all vessels loaded parualIy
with Goals. &c. for said parties OF the second part
shall be exempted from harbor dues and taxes. ex-
cepting ~pilotage, in the proportion when sueh I'M
ports may bear 10 the entire capacity OF the vessel,
such proportion 10 be determined without appeal
by the Collector General. And tho property OF
the said parties of the second part shall, during the
term of this contract, be exempt from taxation.
Third-The Government of the Kingdom OF The
Hawaiian Islands agrees 10 furnish the said parties
OF the second part. for the USE Of their steamers, n
convenient and sufficient wharf, In front OF the Gus
tom House, free Of charge, rcserving, however. the
rights Of free disposal over such wharf at times
when il is not wanted for the use OF such steamers.
The aforesaid Government also comedies 10 the
parties OF the second part n rightof way Tor the use
of tram tracks, as at present constructed over said
wharf and now owned by said parties OF the second
part.
E,uth-The Government Of the Kingdom Of the
Hawaiian Islands further agrees to sci apart. Tor
the exclusive use OF said parties OF the second part,
a lot of land Of convenient size the locality ana
dimensions whereof shall be determined by the
Minister of the Interior and William IL. Mebb' De-
fore the execution Of this contract, and delineated
upon a plan to be annexed hereto and marked n
and also the storehouse in front OF the Custom
House. now used by said parties OF the second part
But the expense OF ordinary wear and tear OF sald
warehouse shall be borne by said parties OF the
second part, and II, at any future time. the parties
TO this contract can agree TO change the limits OF
the lot Of land set apart for storage or COAL ac-
cording TO the plan hereto annexed, the contract
shall be modified accordingly 1t being the desire
of the said Government that n larger space snail DC
reserved upon the Esplanade for public uses. It's
also expressly understood that storage may be
charged upon all merchandise stored upon said
land, and in said storehouses which Is not the sub
ject OF steamship transportation, and that no pref
erence shall be given 10 particular shippers.
Enh-ft the said parties Of the second part should
neglect to keep, fulfil and perform the stipulstions
in this contract by them 20 be kept, fulfilled ana
performed during four months, the privileges and
concessions to them by this instrument granted,
shall be taken and held 10 have been abandoned
Si1h-All the rights, privileges. franchises or
exemptions granted in this contract shall remainin
force for a period Of Ten Years.
SeUenh-The parties OF the second part may
transfer this Contract 20 any Company which may
hereafter be organized for the purpose OF trans
acting the business at present transacted by tho
parties OF the second part, or TO any other Com
pany. or individuals. who shall give good sufficient
guaranty for the fulhllment Of this Contract.
ESghth--In event Of the party OF the second part
establishing steam communication between these
Islands and other Islands in the Pacific Ocean their
steamers employed in such business shall enjoy the
same rights, exemptions and privileges as granted
by this instrument.
Ninh-Tbis contract shall not be construed 30
confer upon the parties OF the second part any
rights which would be inconsistent with the Gov
ernment Of the Hawaiian Islands under any OF It's
existing treaties with foreign nations, 90 concede,
nor to require the said Government 10 do, perform
permit, or suffer any act or thing Inconsistent with
strict neutrality in time OF war;
Ienh-Tbis contract is executed upon The as
sumption that the contract concluded upon the
tenth day Of August, in the year one thousand eight
hundred and sixty-eight, between the Government
/ of the Hawaiian Islands and the California, Oregon
and Mexico Steamship Company, Is, and shall be
wholly a~brogated and cancelled, and the parties
hereto Of the second part agree that within six
months they will execute and deliver n sufficient
instrument Of cancellation Of the same, and that II
they fail TO do so this contract shall become wholly
void. But the parties Of the second part promise
and agree that If the contract with the California,
Oregon and Mexico Steamship Company shall be
cancelled as aforesaid, they will keep and perform
all the stipnlatiOns set forth In the first Article
thereof To be REFORMED byyaid California. Oregon
and Mexico Steamship Company, relative 10 the
transportation OF the mails 10 and from San Fran
cisco, free Of charge, and that If the steamships OF
said parties Of the second part shall cease 10 call ct
Honolulu on their passages between San Francisco
and Australian Ports, for the purpose OF receiving
and delivering cargo, the rights and privileges
granted 10y this contract shall thenceiorth cease
and determine.
IL WITNESS WHEREOF, the Government OF the
Kingdom Of the Hawaiian Islands has caused these
presents IN be executed by His Excellency Ferdi-
nand W. Uutchison, Minister Of the Interior. and
the Seal Of the Department Of The Interior TO be
hereto affixed, and the said parties Of the second
part. by the hands Of William II. Webb. Esquire,
have hereunto SGT their names and seals. this
Sixteenth day Of April, in the year one thousand
eight and seventy-two.
Minister Of the Interior.
Isl (Signed) W. II. WEBB.
BENJ. HOLIDAY,
by his Attorney w. IL Webb.
Executed and delivered ia the presence Of
STEPHEN II. PHILLIPS.
DEPAGTsEST or IsTEEIoH, I
W wenp. ESQ. nopo,uu. 1 o@Sa ApHl 4 Is.h; aS,S :
z about N be executed with yourself on behalf Of the u. =, N.
] n. and A. NJ. =. :. L.. provides mat a lot ~ land Of cOuVeuient
size shall be set apart for the use Of the steamship Line. and
that the locality and dimensions thereof shall be oaermined
by yourself and the Minister Of the Interior before che execu.
ton 81 the contract.
In order TO prevent misunderstanding, I would say that Il Il
the intention Of the Government 20 set apart for n coal depot
the lot Of land described on the plan annexed 60 the contract
and marked "A" which l. iDclosed In red lines IN said pIAr
aud marked Goal Pile " said lot contains l2-s7O square EeI
or whereabouts. IL is indispensable that a space az least al
feet wide must be left open between the line Of the seA-wal
e and the front Of the coal pile, for the general traffic Of the Es
> phnAde.
You will be also entitled to The use Of the store-house nov
occupied for steamboat purposes, " hlch IL one hundred fee
D long and forty feet wide. You are referred 70 the contract fo
e The terms on which said store hou se shall be occupied.
n The Government will proceed with all convenient dispatcl
70 construct an addition TO the present bridge, on the maka
(seaward) side thereof forty feet in length, 80 AZ 10 complete
e bridge 100 feet long by IS Pet In width.
7 The shed At present on the wharf shall he inclosed on th
e east Sue ana me tWc ends, 10 AZ 10 be reasonably weather
= proof A new shed will be built on the western side Of th
! mani shed 100 ter Inn al On 81 .rIl.