The Hawaiian gazette., 1878-07-24
The Railroad Act.

The Railroad Act.
We have carefully examined the Bill lately
introduced into the Legislative Assembly by
the Hon. J. Mott Smith, and as the railroad
question is one of real importance to the peo-
pie of the Kingdom, we propose TO speak of it
now. The Bill to which we allude is as fol-
lows: "An Act to promote the construction
of railroads in this Kingdom" and the pre-
amble says: "Whereas, good roads are alb
solutely necessary to develope the resources
of many parts of the Kingdom, and railroads
are essential to bring products to safe ports"
The above preamble embodies the whole idea
concerned, and just here comes in the practi-
cal question; how are we to obtain railroad
facilities on these Islands? The Bill which
We are contemplating provides, First, that
power is given to the Minister of the Interior,
by and with the consent of His Majesty, in
Privy Council, to enter into contract with any
association Of persons associating themselves
together under the general Corporation Act,
and by the laws relative to interpretations, for
the purpose of building and operating rail-
road, or railroads, in any part of this Kingdom.
Secondly, the Minister of the Interior, with
the consent of His Majesty and the Privy
Council, shall have power to grant the right
of way to said corporation, through any gov
ernment lands, and also as much government
land as may be necessary for the use of the said
railroad corporation, for depots, stations, Sc,
and the free use of water, but says Moth
ing about materials, such as stone or timber,
which should also be specified to avoid diff
for the mode of acquiring the occupancy of
private or individal lands on the route of the
road, by condemnation, through board of
arbitrators or appraisers. The board of ap-
praisers to consist of three persons, one to be
chosen by the railroad company, one by the
owner or owners of the land, and the third by
the two first named The Bill declares all
such railroad associations, bodies corporate.
The third section provides, that the Minister
of the Interior is empowered to guarantee to
any such railroad corporation, that shall
undertake the construction of any such rail-
road, profit of not less than five per cent per
annum on the cost of their road or roads, and
equipment thereof; with this proviso: That,
in any contract made by the government with
a railroad corporation, the extreme amount on
which such guarantee is to be paid, shall be
plainly set forth; and also, that when road
shall be finished the actual cost of the road
and its equipments shall be correctly made up
and filed in the Office of the Minister of the In
terror, and if he deem it necessary lie the
Minister of the Interior) may refer the accounts
so made up to two arbitrators, to be chosen
one by the Minister, and one by the corpora
ton; and the certificate of these arbitrators
shall be taken TO be the actual cost of the road
or roads. The fourth section authorizes the
payment of the amounts TO the corporation, by
the Minister of Finance, which may be awar-
ded by the Minister of the Interior, out of any
moneys in the Treasury, not otherwise appro-
priated, from time to time. The fifth section,
SASAhPdo SbOAh VI oh1 OlPOidtlOuJ MA4Sn
shall undertake the building of such railroads,
from all taxation until the stock or shares
shall realize ten per centum on the amount in
vested The sixth section cannot pass, be-
cause it would conflict with treaty stipulations
inasmuch as it provides for the admission,
duty free, of all materials, &c, Sc, necessary
for the said railroads. The seventh section
authorizes the corporation to issue railroad
bonds to raise money to build aud equip the
road or roads, in such sums as may be conve-
nient. The eighth section confines the rail-
road, to which the government guarantee shall
be extended, to such roads as are of public
utility, and not of local or Individual char
acter.
With such Bill it is our deliberate opinion,
that parties can be procured to undertake the
construction of at least one road, at some ELI
gible point, which would pass through tract
of country that would insure future trade,
justifying the outlay of capital necessary to
build, equip and operate the road. But il
must be borne in mind that with the limited
extent of territory for the construction and
profitable working of railroad, as compared
with any other country, and the fact, that not
only the labor, both skilled and unskilled,
necessary to construct the roads, and when
constructed, operate them, must all be brought
here, the building of railroads here involves a
good many drawbacks. It seems to us that
the Bill should have provided for preliminary
survey, to be made by a competent engineer,
employed and paid by the government for that
purpose. The preliminary survey thus made
by competent engineer, with plans, estimates
and profles of the road or roads, would give
His Majesty, the Minister of the Interior
and the Priyy Council, better opportunity OF
entering into a contract intelligently, with