The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-11-10
The LEGISLATIVE ASSEMBLY.
One Hundred and Twenty-fourth Day.

Inc house met al 10 A. NJ. prayer DE
he Chaplain. Minutes read and APP a
proved.
Noble Macfarlane reported from the
select committee on the lease granted to :
he Oahu Railway and Land Company. ,
The committee present lengthy report, I
going fully into details and attaching !
evidence. They arrive at
the following conclusions:
/. Under no consideration should the
Government give up the rights and privi-
leges, in or the immediate control over
any part or portion OF the deep water
front in the harbor, and yield gratuitous-
ly large revenues to be derived by the
Government therefrom.
2. The law under which the lease was
made does not contemplate the relln-
quishment of valuable terminal fran
chises of Government property to rail-
ways, which will not only cut Oft future
revenues but embarrass our absolute
necessities in harbor improvements.
3. The distractions which will neces- |
sarily be built up in the harbor under |
the terms of this lease must be avoided |
in the public interest.
+. The lease will cause heavy expend-
iture in the Customs department and
will render more difficult AMI much more
expensive the control OF and means to
prevent smuggling, as the testimony
taken clearly and amply shows.
5. The lease will practically prevent
| the construction of Government wharves
on the west side OF Honolulu harbor,
which is the only available and conve-
nient place for such public works.
g. The rent provided for in the lease is
entirely inadequate.
Your committee, therefore, beg to
recommend to this Legislature that the
Cabinet be directed to take steps to can
Gel the lease on the best possible terms
and conditions which can now be made
in the interest of this Government by
Immediately giving notice, as by the
terms of said lease provided.
In conclusion your committee wish to
again state that the above report is based
entirely upon competent and reliable
expert evidence given by disinterested
parties, we'll known in the community,
and that our conclusions have only been
reached after very careful consideration
of all the facts in the case, made by all
the members of your committee. The
report was signed by L. Muller, IL. A.
Widemann, E. c. Macfarlane, III. Z.
Baldwin, j. Marsden.
Rep. Brown said that what vas in the
report was undoubtedly true. But the
Government is in bad position. The
appropriation bill is passed, and there is
no money for this. If the House adopts
the resolution the Ministers cannot do
anything, as there is no money. The
Ministers have no authority to expend
money but what is in the bill. | believe
, this land that the Oahu Railway leases
is by royal patent, claimed by the Bishop
estate. Every bit of the harbor is Gov
, cred by roval patent.
Noble Wldemann-The appropriation
bill is passed, but L do not see who is
4 going to stop us from making new one
2 though do not advocate it. | move thai
this resolution do pass. do not see wha
it has to do with the Bishop estate; it is
the lease Of the Oahu Railway and Lane
Company we are talking about. / allege
. that the Bishop estate have nothing here
They have not made any claim.
D Rep. Brown-The lease was made I'm
der an act authorizing the Minister OF tn,
Interior to do it.
Q Noble Muller-The committee has not
7 obtained any legal advice owing to ex
q pense. Whether the lease is legal or no
!. l don't know.
Noble Baldwin said that with ninet,
y | no fhpra UDnIH
g no difficulty as the company are willing
S to give the lease back.
! Noble Widemann-The Minister o
the Interior has power to terminate TIN
lease.
Noble Macfarlane said that Mr.. Dill
9 lingham had expressed himself as per
9 fectly willing to give up the lease AM
/. the company would not consider it har'
. treatment. He wanted to connect hi
' cars to the ships. AS to the action to b.
l. taken we should give the necessary no
J. tice. With the tact in view that tn
G company has not complied with tn
= lease by filing a monthly statement it i
j., subject to a legal forfeiture. If it
e necessary to have special act the rule
II could be suspended. As to the funds
J. think the Minister of Finance could &c
f over that.
!. Noble Phillips said complaint ha
! been made of damage done to the han
Dor. Would this be any better if tn
s Government had it?
Noble J. Nj. Horner said it was a yer
important report and thought it shout
a be turned over to the Ministers.
'. Noble Macfarlane moved the report b
adopted and handed to the Cabinet
Carried.
Noble Phillips resolved that the pet
Il ton with the claim of Skinner u &c
against the Hawaiian Government fo
the passage of certain Portuguese immi
l. grants be taken from the table and re
e ferred to select committee.
v Rep. Brown did not believe in maxim
: the Legislature court of law. We ar
,, not sent here to inquire into dispute
8 between the Government and prlvat
. parties.
Minister Peterson-This House ha
. done number of things that possibl
q they ought not to have done, and wher
e they have not been exhausted by tn
g Court. There is no great difficulty abou
u referring this to select committee. A
"a attempt has been made to arbitrate thi
! but it'did not come about.
\ Rep. Lucas favored reference to
= committee.
(. The motion to take the petition fror
u the table carried, and it was referred t
l. the following select committee appointe
n by the President: Phillips, Hind, Hoo
1t kano, Mccarthy and G. n. Wilcox.
d Noble J. NJ Horner resolved that it
% hereby declared that when the item fo
e carrying freight, mail, etc, from Ha
r, vail to California Qalo) 5000 wa
IL passed by the House itwa understoo