The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-03-19
sir. your obedient servant,
iSirneO JoHS


Minister Of the Interior.
This defendant then wrote and sent to
the said John l. Bush a letter in the
words and figures following, that is to
say:
His Excellency JuHx +. Bush. Minister
81 the Interior. etc.-Sir. / have the
honor to acknowledge receipt of your
letter dated June 30, granting permis-
sion to make tramwsys in this city, and l
thank Won for you kind wishes for the
succg-ss Of the undertaking
Ileave for San Francisco by the mail
steamer, now due, and shall make the
necessary arrangements for proceeding
viii this undertaking.
have the honor to he, sir, your most
obelient servant.
Signed W. FIowEEDEw.
,Siris-That this defendant accordingly
pruceeied to San Francisco, and incurred
considerable expense in the purchase OF
material and cars for the purpose Of the
said undertaking. and engaged an engi-
neer for the purpose of experimenting
the lgving down OF such tramways, acting
up1n the belief that he was properly
authorized by the said John f Bush. Ivy
his letter Of the thirtieth day OF June last
And this defendant. acting upon the same
belief. caused the plan mentioned in the
third paragraph of the plaintiffs said bill
10 be prepared and forwarded TO the plain
tiff And this defendant submits that the
said John T. Bush had good and suth
cient authority TO give the PERMISSION
contained IN his said letter Of the thirtieth
day uf June, and he denies that the carry
ing out Of the said undertaking would
he in contempt of the plaintiffs rights as
HIS Najesty's Minister Of the Interior, to
control said streets, or that the same
would be a violation Of other public and
private rights, or destructive of His
AIHjesty's highway, or prejudicial to the
dignity Of the law, or menace to the
public peace.
Ss-ssib-And 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. according 10 the permission
granted as aforesaid, the Hawaiian Gov
eminent Is and Will be responsible TO this
defendant for damages sustained by him
in consequence thereof.
EfghA-That this defendant admits the
several allegations contained in the fifth,
sixth and seventh paragraphs of the said
bill
Ni,H- That the plaintiff we'll knows,
and at the time Of the fling of his said
bill Of complaint well knew. that this de
PENDANT held the said letter Of the thir
tieth day of June And this defendant
admits that he does claim such letter to
have the effect stated to I've claimed by the
defendant in the eighth paragraph of the
said bill.
TssfE-That, on the 14th day of August
last this defendant received letter from
the plaintiff in the words and figures FOL
lowing. that i to say:
DEPARrsGESr OF THE INTERIOR,
HuxoLULU. August II. 1888. !
Mr. WV. FLOwERDEw, Hawaiian Hotel
Dor Sir. In reference to the scheme Of
laying down street tramways in the city
Of Honolulu. for which you claim min
isterial authority. and which you desire TO
inaugurate, and which has been the sub
iect Of our late conversations, 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 Priyy Council"
and does not confer on him the authority
to act Independently: consequently His
Majesty's Government feel, that in justice
/ to the interest YOU represent, as well as to
enable them TO sustain your enterprise to
advantage. they must conform strictly to
the spirit Of the law, which requires that
your proposition should I've submitted for
the consideration of His Majesty in Privy
Council
have the honor to be your obedient
servant
tSignedl Gas. T. GULIck.
Minister Of the Interior.
Which letter was answered by this de
/ PENDANT on the sixteenth Of the said
month. as follows:
/ HuSOLULU. August l6. 1888
/ His Excellency {. I GULIcE. Minister
Of the Interior. etc.-Sir: In answer to
Your communication Of the 18th instant
IN regard 70 permission granted me by
/ His Majesty's late Minister Of the Interior
to lay down tramways and run cars in the
/ streets and roads Of the city Of Honolulu
and It, suburbs, beg to say that have
no objection whatever to your laying the
matter before the Privy Council. il you 50
wish.
/ have the honor to be. Sir. your most
Uhclient servant.
( tSi-neU W. FLuWERDEw.
And TIM, defendant Is informed and be
Heves that the said matter has never beGn
brought before the honorable the Privy
l Council
Et4aH-That on the 10Th and 24th
I dsy5 Of August this defendant wrote and
{ sent to the plaintiff letters in the words
aud figures following. that Is to say:
HOSoLULU. August ~, 1888.
To His Excellency C. T. GULICK, Min
! ister Of the Interior, etc.-Sir. Having re
ceivcd report and outline Of street railway
from the engineer, / have the honor to
hand YOU copies for your information
You viii observe that the rails viii be
| laid from the water front at bottom Of
Fort street up to Kukui street into Nuu.
ann street. also along Beretania street
/ from Fort street to and up Nuuanu street
and along King street from beyond Oahu
I prison road to waikiki.
1t ! intended to lay a single line Of
rails only. three feet SIX inches wide, flush
with the surface Of the streets, the cars
drawn by horse power only.
The cars after sunset. viii carry the
usual lights Of street railway cars or any
notifications that may be desired by your
department
10 insure that the undertaking Is
! carried on IN proper manner, / have So
cured the services Of Mr. Julius H Smith.
Of San Francisco, an engineer who Is well
known for his capacity and ability. and
who has laid several street railways in San
Francisco and elsewhere
have the honor to be. Sir. your most
0hedient servant.
jSignedl W. FLOwEKDEw.
Enclosures: FTr,f, Engineers report;
>soold. Map Of Honolulu. with outline Of
street railway. marked in red
HoSoLULU, August a. 1888.
To His Ezcellency c. I. GULIck. Min
iSter OF the Interior. etc.-Sir:: Referring
10 nv letter Of the 10Th instant. covering
engineer report to me, and plan Of Homo
lulu. wish to say that the statement and
report Is relative to the work intended to
be proceeded with at present, and Is made
without 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 or return by Bere-
tania street; but if this Is decided upon.
due notice viii be given before the eIpira-
ton Of the si1 months allowed. as well as
Of anv other street It NAV be decided to