The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-06-30
THE BILL WITH AMENDMENTS is
RECOMMENDED.
Senate Passes 1t on Second Reading.
Proposed Route-Conditions Pro-
posed to Protect the Public.

l.
rapid transit made its report today.
The essential parts of the report fol-
low:
While recognizing the desirability
and convenience to the residents of
the Island of Oahu, and especially
those dwelling in the District of Kona,
of line or system of street railroad
that will furnish better facilities than
that existing and furnished by the
line now in operation, vet this com
mittee also recognizes that that line
has rights and privileges granted to
it by the Legislature of 1884, which
this Legislature, we think should rec
ognize, respect and protect so far as
we are able, and not grant rights and
privileges to proposed company
which will cause endless litigation and
perhaps an interference with vested
rights
The above are some of the reasons
and are some of the grounds upon
which this committee has recommend
ed the changes in the bill referred,
and which are now submitted to the
Senate for consideration.
Your committee are also of the
opinion that the right to condemn any
and all public or private property
under the doctrine of eminent domain
should not be delegated sby the Leg
islature to any private corporation or
an association of persons who have
for their object an enterprise for pro-
fit or gain solely.
In accordance with this policy this
committee recommends that Section
20 be so amended as to limit the pow
er of eminent domain conferred to
the right to acquire thereby places or
property to the extent only of neces-
sary rights of way. In condemnation
proceedings the committee provides
also that the property and improve
ments shall be assessed separately
actual damages shall be paid and the
doctrine of betterments shall not APP
ply. The right to condemn the privi-
leges or franchises or other compa-
nes is stricken out by the committee
as comforting lever to force a com
promise or sale, or open the door to
veXatious litigation.
The field of operations of the com
pany is limited to Honolulu, instead of
to the Island of Oahu. The owners of
property on any street are given the
right to petition for railway on
their street and with the consent of
the Executive Council the line may be
built.
The right of way as recommended
by the committee as follows: From
Wyllie and Nuuanu streets along Wyl-
lie to Liliha, to King, to such point
on or near Nuuanu stream whence by
nearly direct line Hotel street may
be reached; thence along Hotel street,
Palace Walk, Printers Lane extended
to the end of Young street on Alapai.
along Young to Kapiolani, thence eth
er TO King or Beretania, thence to
Victoria, to Young, to King; thence
along King and extensions to the
road from Beretania to Mooilili, then
to and around kapiolani park on the
Eva side through the kekio tract,
crossing Hamohamo stream and the
intervening tract to Apuakehau
stream, down the stream to the bridge
on the Waikiki road, crossing this and
the intervening territory to and down
the Kalia road to the Beach road; or
along the Waikiki road to Bishop
switch and thence to Kalia road and
the Beach road at Piinao stream to
Sheridan street on a line with Queen
street extended, thence along Queen
to River, to Hotel street. With the
consent of the Executive Council the
road may in using the Young street
route go through Thomas Square. AL
so, beginning at Fort and Queen street
down Fort to the wharf, the water
front, and along Alakea to the street
makai of the market, thence around
the southern side of the market to
Richard, to Beretania, to Emma, to
Punchbowl at the junction with
School; thence along Punchbowl to
Pauoa road; along that road to
point whence by crossing the inter
vening premises the southeasterly end
of Judd street at Nuuanu stream may
be reached; along Judd to Nuuanu,
and thence to the Pail.
Also, beginning at Hotel and Beth
el, along Bethel to King, to Fort, to
Merchant, to Richard with a spur to
or near the opera house), to the wa
ter front with the right to connect
with the Richard street line on the
water front and on Allen or Halekau-
villa street.
Merchant street, between Fort and
the postoflice is to be kept clear of
tracks.
No street less than fifty feet wide
shall be used while it Is less than
that width except for connecting two
lines of track and then for no greater
distance than 1,500 feet.
Ten miles of the road is to be built
and equipped within two years, and
the remainder within four years.
sinking fund to meet bond debt
and capital may be provided.
Failure to comply with the terms of
the act is made cause for forfeiture
of charter, and any person as well
as the Attorney General may sue to
compel the performance of the condi-
tions.
The other amendments proposed are
principally to make the act conform
to those principles.
The report was adopted. carrying
the bill on second reading.
The store that
never disappoints.
McInerny Shoe Store.