The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-19

tract, 10 confer upon the organizers
of this Railroad "all rights, and privi-
leges conferred by that law of 1S7S,'
expressly naming among these rights
and privileges "the right to construct,
maintain and operate wharves." Un-
der contract made by the consent of
the Legislature, l.. A. Thurston, Min
lister of the Interior, expressly con-
ferred upon the organizers of this cor
poration all of the rights and privi-
leges of the Act of 1878, again speci-
fically comforting 1.-The right and pri-
vilege of constructing. maintaining
and operating depots, stations, yards,
wharves," etc. And finally by charter
this road is expressly given the power
to own or charter such steam or other
vessels that may be necessary for the
purposes of the corporation in collect
ing or distributing passengers or
freight upon, over, or across any OF
the bays, harbors, inlets, rivers or
streams on the Island of Oahu. And
may construct,-(and Mr.. Attorney
General note the following words)-
land own all wharves, docks, piers and
appurtenances necessary for the en-
joyment of such right" And further
confers upon the Railroad the right
to borrow money, in these words:
"The said Corporation may from time
to time borrow money for
the purchase of real estate
and as security for it's bonds with in
terest thereon the Corporation may
pledge all of its property and profits"
Please, Mr.. Attorney General, note that
they are authorized to pledge not only
their property but their profits. The
Attorney General in his interview in
the Star is conclusive authority that
the intention of the Government is to
wholly evade and nullify it's solemn
obligations to this Railroad Co. in so
far, certainly, as its right to own
wharves on Honolulu harbor is con-
cerned; for he says in so many words,
it is the policy of the Government Ito
own all wharves." He says, in order
to clinch it, that it is not intended that
the Railroad Co. shall have the owner
ship of the wharf. When did the
Government first have this inten-
ton? Was it when they were
penning that contract by which the
right to own wharves necessary for
the purposes of the corporation was
given? If so, wouldn't it have been a
little more honest to have said SO?
Or, if the Government didn't feel like
saying so then, to have at least re-
Trained from holding out false hopes
by expressly contracting that this Rail-
road should have the right to a-n
wharves. Mark the word own" And,
Mr.. Attorney General, bear in mind,
as lawyer, that other men here and
abroad who loaned their money to this
corporation have marked that word
and noted it, to wit, the right to own
wharves. Perhaps the Government was
enjoying the intention of gobbling all
the WharVes at the time it gave this
Railroad it's charter and as sauce
piquant to the intention and in verifi-
cation of its good faith authorized the
corporation by that document, not only
to own wharves, but told the Railroad
how they could own steam vessels for
collecting and distributing passen-
gers and freight upon, over and across
any of the bays and harbors, inlets,
rivers or streams on the Island of
Oahu" and in that connection and "for
the enjoyment of such right might
own all wharves necessary, etc. Or,
ing with ''the best Government this
country ever had?' If the Government
intends to own all the wharves of
Honolulu harbor, certainly it is a nc
tion to say that the Railroad Co. can
own any wharves in that harbor, also.
Your policy nullifies the chartered
rights of this corporation, and do you
not consider it a serious blow to the
interests of this Railroad Co.? Do you
not think the Government has misled
this corporation and the investors in
it's bonds? Does the Government have
to be told that there is clear distinc-
ton between the privilege of owning
wharves and the privilege of using
| them? And if the Government meant
that the Railroad Co. should simply
have the use of wharves that to confer
upon them the right to own wharves
| is, to say the least, the use of inapt
| language?
Should not the Government go slow
| in acting in the name of the people?
The people may be somewhat jealous
of what is being done in their name.
| i,IOn+irued on Second Page