The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-02

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of Interior l. \ Thurson and the published in the
Hawaiian December 31s 1889 that ii was
right of way deep water
harbor prescribed by Up to this point every
thing had gone smoothly and strictly
the rights granted the Company by lar, and
charter.
What suddenly led Thurston and his
colleagues they pursuade the Company
a instead of perecting in fee by con
demnation proceedings by provided
informed The proposal lease after due reflection
the wiser plan that time. The Company had money
pay for land not Immediately required. Access the
water front what wanted We asked for twenty
years lease for S100 and lease for years
SlOO per annum.
With view meeting government on the proposal o
a lease the Company wrote the following letter:
His ExceIIency L. 4. Thurston.
minister of the Interior.
"TIonoIuu. IL. /.
sir:-The oahu Railway and Land Co is advised that it
full authority the upon lease pur
chase and hold and all such lands hereda
mens and easements shall be required for the construction
maintenance and operation of its road after the location of
such road has been approved by the Cabinet But
Exceency seems to be opposed to granting or TO the alien
aton by condemnation of portion of the deep water front
and it is the desire and intention of this Company
lin accord with such views when possible the following
''SitiOn is hereby made. wit:
Following the above Company proposed the upon
which they were willing to make lease resulting after GER
tain notifications in the lease referred to in Mr. Thurstons
letter.
If it true that Government this country has had
policy regard ownership
property during the ten how TO
policy with the Legislative of 1878,
1888 and 1890 authorizing the Minister of the Interior with
the approval of his colleagues grant Railway corpora
tons public utility the right condemn rights of
harbOIs,
enjoyment business? it be possible that such
laws were passed contracts made and charters granted
by Representatives the people,
Cabinet Minister'S who held mental the imagined
right disregard pleasure all obligations? The
of the Oahu Railway Land Co did not under
stand IT. when after receiving their contract and charter they
published the world the nature and of their fran
urging protection faith civilized Christian
the sOundnes and safety of its securities for
Trust Fund investment Money raised the COmpanys
Bonds, constructing fifteen miles o
dollar subsidy the well
way when suddenly Company confronted with
this strange proposal the policy of the Government
to part with lands the 'front.' We have quoted
the the Charter all signed, sealed and
delivered The Company and the people through the Com
pany putting up their money good faith and
rying their part of the when they informed
the prepared live up their
mart Without aivno any of orr RIGHTS under the law 70
institute proceedings in the future practically
agreed to defer the day when should learn
through the Courts whether all the Railroad Enactments
Charter genuine fraudulent The lease
of the strip OF mud on the arbor front signed by
Government 1jth 1890 THree oachdF months
after the location had been approved by the Cabinet subject
condemnation proceedings Mr. Thurston is too well ersed
know that the Right of Eminent Domain,
waived its to be exercised time in the
future, lessened simply by making lease An act the
part Company good sound
policy. The promoters of that Corporation
honest and sincere in their belief that the enterprise would
prove they quite willing their action
proved defer their right condemn and take what the
and charter has given them, until they had
closing Mr.. Thurston 4 understand from other
that connection with this transaction has been
publicly and adversely commented and think that am
entitled to the publication of this statement and hereby
request that YOU allow publication thereof"
What Mr. ThustOn true the writer has heard
that he did very making lease to the Oahu
Railway Land Co. We have endeayored herein to make II
Thurston and his colleagues did nothing for the
promoters of the Railway Company which not fully
the Legislature If Mr.. ThurstOn had
negotiated the Company would have
demned right way from its fee simple
TO efO to he
enjoying the rights it had acquired by law
opened the and tempted another Cabinet to
nit of reputation of its solemn contract.
Neither Mr. ThurstOn any other Government official
since the Railway Company organized has done
behalf the Oahu Railway Land Co. than they could
have been compelled to do by law
be interesting know how many Cabinet Minis