Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-03-18
SATU RDAY PRESS.
QUEEN STREET AWARDS.
MATCH Is. 1872

At the demands made in the letter of the
Minister of Interior as shown elsewhere, n
little dissatisfaction has been expressed by
certain Of those upon whom such were made.
slight nnaly sis of the figures in another col
umn will show how much grounds there has
been given to sustain the objections referred
to. The total of the so-called beticrments is
SO 6i3.35 the total of damages awarded to
property holders whose estates have been en-
croached upon by the widening OF Queen St. is
81 col 80. Deducting this amount from that
of the assessed betterments, we have S2,Oi2.42
net gain to the assessment by the transaction.
The award to Mr. Geo. Lucas of 81, 90 is not
for damages sustained TO real property, but
for extra work in moving foundation, and
one incurred by the fault of the Government
alone, and for which the Government was
clearly responsible and it is therefore that
we omit including it among the claims prop
! erly to be paid out Of the assessed bettermens.
But even including this among tie damage
| awards, the Government has still been bene-
fitted by the transaction to the amount of
S9i2 AZ, which amount we suppose will be
devoted to the paying for the Improvement of
the street front. Thus Government is relieved
of any pecnniary burden in the matter, while
certain of those possessing or occupying prop
erty on the street are taxed for the full amount
| of the awards made to such as have had their
property encroacled upon, and also for the
clam of Mr.. Lucas, which can scarcely be
considered as betteriuent.
The law of 1870, whereby an assessment is
allowed upon property along new roads
opened, contemplates, not that property hold
ers shall sustain tho entire cost OF road con-
struction, mct"di"g.d labor, but that they shall
sustain portion of the costs incurred by an
| equitable award to such as have had their es-
tates curtaied, it being evidenlly the intention
that Government should bear proportion of
the expense. But there is difference between
the opening of new road and the widening of
one alrady established, and it is IL question
whether or not such law can be 80 construed
as to apply in this case. However, be this as
it may, we can see no reason why lessees of
property should be taxed for betterment, since
no award has been made to the essces OF
property that has been curtaled
According to the above. list, we do not see
that any Wrd''d has deem made to Mr.. Lucas (;
yet under the head Of amounts due claimants,
we notice the sum of l,lO0-certainlv if it
was not awarded it can scarcely be said to be
due him; at least the Minister of the Interior has
no right to make such an award and tax others
Tor it's payment.
Again, in regard TO the rates of assessment
and the parties or properties assessed, the adj
justments made are open to various criticism.
Some are taxed per measure, others not.
Places remote from the scene of Improvement
in one direction, are ,ayed while places less re :
note and in an opposite direction are exempted
On either side ofthe street and exactly opposite.
the property ID taxed at one dollar per foot TO
one lessee the other at three dollars. On the
same side of tho street, distant property is
taxed at two dollars per foot, while some
nearer is not taxed at all. Some lesseesos Gov
ernment property.are taxed TO the full amount
of tho betterment: others are requ red to pay
nothing 1t will he matter Of little wonder il
the ability of the Minister Of the Interior to
demand taxes IN this form may yet be tested
at law; Tor once begun there is no tell ing
whore such practices may end.
} Section second of Chapter eighth of the
Session laws OF 1870 reads thus: "The Com
mission shall award the proportion of the
whole expense of laying out and constructing
the proposed road or highway, which ought to
, be assessed upon estates benefited aud the pro
portion to be paid for, from the public
treasury" Tho wording here would clearly
| indicate the inteution that (,oy,rnneut slould
! bear share in any case but as this law re-
fers to the opening of new roads only, it ia
competent perhaps to infer that improvments
of the nature of those referred to, are no, sub
iect 10 its proyisions