Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-09-08

huNl nAI bool anu suUlClcnt authority 10 give
the permission contained in his said letter Of
the thrticth day Of June, and he denies that
the carrying out Of the said undertaking would
be in contempt Of the plaintiff rights as his
said streets, or that the same would be a VIC.
lation Of other public and private rights, or
destructive Of his majesty's highway, OF preju.
dicia to the dignity Of the law, OF a menace
to the public peace.
Secondhand this defendant further saith
that he is advised and believes that should the
plaintiff succeed in preventing this defendant
from carrying out his said undertaking, accord.
ing to the permission granted as aforesaid, the
Hawaiian Government is and will be respon.
sible to this defendant for damages sustained
by him in consequence thereof.
Eig6h-That this defendant admits the
several allegations contained in the fifth sixth
and seventh paragraphs Of the said bill.
Ninth That the plaintiff well knows. and
at the time OF the filing Of his said bill Of
complaint well knew, that this defendant held
the said letter of the thirtieth day of June.
And this defendant admits that he does claim
such letter to have the effect stated to be
claimed by the defendant in the eighth para.
graph OF the said bill
7tnh--That, on the r4th day of August
last, this defendant received a letter from the
plaintiff in the words and figures following,
that is to say:
DEPARTMENT OF THE INTERIOR,
HONOLULU, August ID, 1883.
Mr.. WM. FLowERpEw, Hawaiian Hotel
Dear ST. In reference to the scheme of lay.
ing down street tramways in the city of
Honolulu, for which you claim ministerial
authority, and which you desire to inaugurate.
and which has been the subject of our late con
versations, | would say that our laws are quite
clear in defining the powers of minister, and
especially of the minister OF the interior. in
any work of internal improvement, distinctly
stating that his action must depend upon the
consent of the King in Privy Council, " and
does not confer upon him the authority to
act independently; consequently his majesty's
government feel, that in justice to the interests
sustain your enterprise to advantage, they
must conform strictly to the spirit of the law,
which requires that your proposition should be
submitted for the consideration of his majesty
in privy council,
have the honor to be your obedient servant,
tSignedl CHAs. T. GULIcK,
Minister Of the Interior
Which letter was answered by this defendant
on the sixteenth of the said month, as follows:
HONOLULU, August 10, 1888.
His Excellency c. 7. GULYK, Minister Of
the Interior, etc.-Sr. III answer to your
communication Of the I4,h ii slant, in regard "a
permission granted me by }is majesty's latl
minister of the interior to lay down tramways
and run cars in the streets and roads OF the
city Of Honolulu and its suburbs, beg to say
that have no objection whatever to your lay
ing the matter before the privy council, if you
so wish
l have the honor to be, sir, your mos;
obedient servant,
tSignedl W. FLowERDEw.
And this defendant is informed and believes
that the said matter has never been brought
before the honorable the privy council.
Ele0enh-That on the goth and 24th days
of August this defendant wrote and sent to the
plaintiff letters in the words and figures follow
ing, that is to say
HONOLULU, August 20, 1855.
To His Excellency c. T. GULrcK, Minister
Of the Interior, etc.-Sir : Having received
report and outline Of street railway from the
engineer, have the honor to hand you copies
for your information.
You will observe that the rails will be laid
from the water front at bottom OF Fort Street
up to Kukui street into Nunanu street, also
along Beretania street from Fort street to and
up Nunanu street and along King street from
beyond Oahu prison road to Waikiki.
1t is intended to lay single line of rails only,
three feet six inches wide, flush with the sur.
face Of the streets, the cars drawn by horse
power only.
The cars, after sunset, will carry the usual
lights of street railway cars OF any notifications
that may be desired by your department.
To insure that the undertaking is carried on
in proper manner, have secured the ser
vices Of Mir Julius IL. Smith, of San Francisco,
an engineer who is well known for his capa.
city and ability, and who has laid several street
railways in San Francisco and elsewhere.
have the honor to be, sir, your most ODE
dent servant,
(signedl w. FLowERDEw.
Enclosures: Ff,gs, Engineer report; i.eoif,
map Of Honolulu, with outline OF street rail.
way, marked in red.
HONOLULU, August "a. 1883.
To His Exeellency c. T. GuLlcK, Minister
OF the Interior, etc Sir Referring to my let.
ter Of the goth instant, covering engineers re.
port to me, and plan OF Honolulu, | wish to
say that the statement and report is relative 10
the work intended TO be proceeded with a,
present, and is made wlhou, prejudice to the
rights granted to me by the late minister OF
the interior, which rights do not waive; and
only forward the report and statement for your
information
The engineer advises me that it may be
found desirable TO 90 OF return by Bereiania
stree, but II this is decided upon, due notice
will be given before the expiration Of the six
months allowed, as well as Of any other street
II may be decided to run cars upon.
Although the engineer advises only single
line OF rails at present. still. Il the traffic shows
that the public would be better served and
accommodated by double line, that will be
laid before the expiration Of the time allowed
for the construction Of the work, excepting
always those streets, OF parts Of streets. that
are father narro~ for double track.
Ia fact, everything will be done tina, the
engineer considers right and proper, and for
the eomion aud convenience Of the people
The engineer In charge Is fully authorized