The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-06-05

tribute his proportion or share To
the expense Of this projections; aud
to give his personal services. or any
equivalent when necessary as NAV
he provided by law.
Passed.
ARTICLE IL EMINExr DoMAIN.
Private property may he taken for
public use, or may he used for res,r
voirs. drains, fumes or bitches on or
across the lands Of Others, for ayti-
cultural, milling. mining. domestic
or sanitary purposes; but only upon
due process of law and just com.
pensation.
Cuuu. Brown thought there ought
To he some provision for tn" taking
Of land for railways. Otherwise IL
might bp cunsi rupd that this Article
was exclusive ui every purpose not
mentioned in il. In answer to Min.
smiths remark that railway being
highway ought to come under the
phrase. for pubic use, he speaker
vas afraid the Article was too indie
finite. He moved the insertion Of
the word. railroads" before 'reser-
voirs."
Min. Damon would object to the
construction that land should To
taken for private persons from pri-
vate persons.
Pres. Dolls considered the provi.
sion for due process Of law" would
project private rights. Under the
old Constitution there was a doubt
as to whether there were rights OF
eminent domain to be invoked IN he
half Of private enterprises. The
matter of carrying water over pri.
yate lands was very important in
this country. He instaured the great
water ditch on Maui, which, IL it
had been Distracted by private
rights, would have prevented tn.
great development Of agriculture on
that island.
Min. Smith cited TIA. eases uf
France, Italy aud Spain. where the
utilizing 81 waste waters had made
q great transformation. This very
question gave great difficulty in
those countries, also ia California
whose agriculture was 50 largely de.
peud"nt upon irrigation.
Cuun. Brown said they were deal.
ing with private property. aud it
was important they should not omit
: reference To railroads. II was a new
question IN this country and. a.
2 there was talk uf extending he rail.
road around this island, also uf a
line from Hamakua To Hilo, il ought
10 10 set at rest in this Article.
Del Carter moved To insert. after
the words used for" the words
railroads aud other carriers, and
/. for"
Coun. Eum.luth moved that the
further consideration 81 thi. Article
he postponed till a futur. day.
Min Damon cunt.ndcd that pri
vat. property should b" taken onl,
"a bc under public control. II" oh.
jectcd To making waterways over tn,
!" lands Of Others for purely privat,
beuciit.
Min Smith again referred Ia Tia,
experience" III other count ri"s ~ res
pect 10 irrigation works.
y Del Robertson agreed with all
that had been said about the public
benefit, but he Thought the Article
went too far. lie could not Sec the
right uf allowing man Ia take hi.
n"ighbor's property for domestic ~
sauiia,y p"Troses. ii. m0v.d 10 in
| sert the word "ur" h"lure milling,
y aud To- strik" out the words mining
domestic or sanitary
Del Carter ohj "ctod 10 the gramma
Teal construction II made "prvat'
property" capable OF being used "ui
or across the lands Of others" lie.
On or across itself All the words
between bitches" and for" shout,
Le struck out.
: : Dell. osrpa favored Crun. Brown.
amendment
~ Min. Damon renewed his argumru
in behalf Of private rights Thu
was the dark horse in the whole act
He would move To strik" out tn,
words, reservoirs, drains"
Coun. Brown was talking in favn
Of Min. Damons amendment
Del. Carter called the speaker /,
order aud held the floor To say lha
Mr.. Brown seemed to forget tina
nobodys property was 10 be lak-l
Z without due process Of law.
Coun. Brown thought he kney
what he was talking about. He quit
understood that i, was To be 10y du
T. process Of law, but that did no
make il any less hardship that
- man should drain his land upon hi
n"ighbors property.
Coun Carter said il was suggested
N to him by gentleman near hin
that they were hearing great dea