The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-07-30


may with amy Hawaiian corporation for the
tion and operation of amy railroad in this Act authorized
upon the terms and conditions herein expressed.
Section >. The said Minister may 10y such
aforesaid upon Benjamin +, Dillingham; his associates
Successors and assigns, amy such corporation shall
formed or organized by him them aforesaid hereinafter
company all such rights and privileges
the acquisition OF rights OF way and other privileges for the
maintenance and operation of such roads together
with all depos stations yards crossings, waryc and equip
forth III Act entitled An Act to Promote
Construction of Railways" being Chapter MIN of the
Laws SIS amended by Chapter Nil of the Laws of 1850
except modified by the provisions of this Act
Such said company the exclusive right
twenty years from the date of this Act maintain and
operate railroad railroads between such points as they
shall within the passage of this Act connect
10y provided such railroad shall not be less than
fifteen miles in length and further provided that
exclusive right shall apply the District of kona'
in said Island of Oahu
"Section Such company may upon lease purchase
and any and all such lands enement, heredamens and
easements as required for the constructions maintenance
operation of road after the location OF such road has
been approved the Cabinet but subject to the provisions here
matter contained.
This Act of 1883 was amended (Ch 30 in respect
to the time granted construction of the railroad the
length of franchise and the payment of subsidy
This amendaory Act OF 1890 contains the following:
"Socon 3 Nothing herein contained shall be held to IN
erfere with the right Railway and Land Company
said Capter Tx H. of the Laws 1885, by the general rail
way Kingdom except the exemption from taxes
provided that nothing in this Act shall be deemed to
authorize Minister of the Interior to guarantee or pay any
subsidy said company under Sections p and Is OF the General
Railway of the Kingdom.
The question argument whether in constituting
the Act 1878 the rule of strict construction or the rule OF
liberal construction should be applied In opinion the Act
should construed strictly; for though the question involved
in this of construction what corporations should
tho Act
Question of the identity the class of corporations rather than
question what and privileges were
intended to conferred still such extraordinary powers and
privileges as conferred should be held to have been con
ferred widely generally than clearly intended II
were an question from the wording of the Act whether
m legislature intended these unusual the
private rights of persons upon individuals WhonoeVer VINO
might incorporate the purposes OF constructing any railway
whatsoever and wereoever to confer them only Tor the Pu
poses of such railways should be constructed III pursuance OF
contract which would their public utility the presum
ton would of the latter construction However, III
our opinion construction of the Act sufficiently plain not
to require this pesumption We touch upon hiS
point raised in argument and to show at least hat
l NOT case for the application of rule of liberal conruc
ton We shall eneavor the Act there no
presumption either way.
The theory of the mainly, that the provisions OF
the contract the first sections Of the Act are those
set forth and in other words that the con
tract was merely of grant of aid IN the shape OF gov
eminent lands subsidy and exemption from taxation and tina
the right eminent domain is granted directly by the Act
shown bv change in construction in the sections relating
eminent domain which begin with, he corporation may, DC
while the sections relating aid begin with, Ihe Minister shall
have power &c argued that the be ethe
m for aid (2 for aid and eminent domain, CD for any
thing whatever such regulation of in which last case
the charter Is sufficient contract 1t seems to
that there construction which the correct
that the specified in the Act first section
for the purpose of building and operating railroad or RAJ
roads" and if such is made in pursuance of til
Act the corporation may then by force of the Act itself eXerc
the right of eminent and that the Minister may also graz
aid in addition perhaps either in the original contract or by
separate grant The whole frame of the Act avO this constr
ton The provides for contract in the first seco
tending to that this leading idea in the mine
ntller 1rnEnns of the Act imo