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

month failing any legal grounds sustain the
peculiar views taken by the Government in their right to own
all the front Honolulu Harbor they opened cores
pondence with the Minister Washington, asking it
presumed upon moral grounds for statement the crcum
which led the granting of the lease the Oahu
Railway & Land Co of the wharf frontage" As Mr.. At
General Smith has always expressed desire that the
dealings OF the Government with the Oahu Railway Land
should just quite probable that he
may have written also to Hon f. NJ Hatch fequeSiS "
preston of his opinion this important matter OF pubc
interest AS Mr. Hatch the regular ATTORNEY for the
Company at the time ihe tease was maze ana Ne
be legal adviser the Company until he went 10 wash
ington he is therefore well informed concerning the affairs OF
the Company II any expression OF OPINION mas pel MAUI
by him upon this subject would doubtless be read with
interest behalf the Oahu Railway Land
Co. has relied fully upon the Laws OF lS'S 1865 IS9o ana
Contract, granted and made with the Com
pny, and has therefore sought expression OF opinion from
Mr. Hatch Mr. Ihuston or any one else as TO le ies W
moral rights of the Company AS to the statements made
by Mr. Thurston in his published letter though they were
years. think they in the main correct and
of dsputng at any time the substance OF ms
1t has never been denied Railway Land Co.
f tho ittnn notice to cancel the lease was served upon
the Company that informed the Government that
if intention Immediately the Companys
men the Company comply with the request
cordng and spirit of the lease But if the object
If The Government was to take over the wharf pur-
pose getting from the business created by the
Company would absolutely refuse and fall back upon thelf
right eminent domain, and commence conde4n-
proceedings provided by law This said the ter
property of the Company during an investigations in the
presence President Dole Attorney General Smith Minister
Damon and Mr. w. e. ROwell, Superintendent of Public
Works Tie determined to take over the
wharf not for the or intention OUed az me e0Se on
for sake of securing all the earnings of the best paying prop
cy Company This assertion is made upon the te
mony Of Minister Damon before me court "ho 0c|Ho"'toyo
that the intention Of the Government to cat the
Raray Co. off from the 'caer front by building haf across
the CompdnVS 0rh frontage Ihe OBJECT "GS ne SGd IN S"O
acquire for the Government the erenHe chch the Com
pany dered from oha,fage receipts of its business
Such methods for Increasing revenue are suggestive II not
unique While the Oahu Railway & Land Co does deny
that accepted from the Government lease with maxi
mum limit of ten years with privilege reserved to the Gov
said ninety days notice. 1t does
deny waived its right of eminent domain granted
by Legislative enactment TO condemn at any time during the
of its franchise Government property the water
front necessary and purposes OF its
business as provided by law And 1t is further denied that
lease question contains language that could be
legally construed 1t is respectfully submitted that
business combination OF business men in this country
bereft of give legal right
permanently, valuable property the arbor of Homo
lulu for no greater consideration than tease of mud bank
feet under water which could by agreement be terminal
ed on three months notice.
When it that the Government had "a we'll defined
policy" and proposed 'to all the wharves."
Was in 1879 when the General Railroad Act became law?
authorizing the Minister of the Interior give almost
limited rights, capital to invest in railroad
Under Section of that Act the Rail
Land Coz may make piers jetties stations sdings,
was it on September 11th 1885, when special Act was
passed ITO Authorize and Promote the Construction of Steam
Railroads the Island of Oahu which reads in part fol
section , The said Minister may bv such contract as
aforesaid confer upon Benjamin f Dillingham;
and and their assigns such corporation
shall be formed organized by him
hereinafter referred such Company all such rights ana
privileges the acquisition of rights of way other
privileges for the maintenance
together with all depots yards
bdres and equipments set forth in Act
titled Promote the Construction of Railways.
being Chapter MIN. of the Laws of 1873
Section of the Act reads follows
Power and authority hereby given to the Minister of
Interior and with the of the Cabinet
B. F. Dillingham; his associates and successors and
assigns. corporation shall be formed and
organized him them under the laws of this Kingdom,
establishment private
the constructing and operating Oahu
less than three feet for the
carriage of passengers and freight
Under of the Section above quoted l. y.
TburstOn then Interior signed
B. F. Dillingham;, dated December 4th, 1888. binding the
Government to carry part provisions
contract which approved signed by w Min