The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-05-05
THE RAILROAD BILL.

The report of the Senate Commit
Tee upon the bill entitled "An Act to
provide the Oahu Railway and Land
Company with land for wharves in
Honolulu harbor," is a very carefully
reasoned and conservative document,
and reflects the greatest credit upon
the gentlemen who drew it up. The
controversy between the Railway
Company and the Government is one
of those where, like the knights of
old, each party sees only its own side
of the shield. To the Railroad people
the shield is all gold, to the Govern
ment, who in this matter very thor
oughly represents the whole people as
against a class, the shield is entirely
of silver.
The case between the Railway Com
pany and the Government is pending
before the Courts. 1t would seem to
layman a very improper thing for
pass a law authorizing the Railway
Company to do something which the
Courts may refuse to allow the Rail
way Company under the existing law
to do. 1t savors very much of having
a couple of very strong strings to the
bow. 1t seems to mix up matters in
such a way that in the presence of the
Legislature, were this act to pass now,
no one would ever be able to know
what his rights before court were,
and it would be difficult for a court TO
for what is black today may be pure
immaculate white tomorrow.
The more one looks into the matter,
and the more carefully one reads the
report, it looks as if this bill was an
attempt to gid refined gold and to
paint the lily. The Railway Company
has distinct laws which it relies on.
Besides its own charter there is the
general railroad act which it can fall
back upon. The Senate committee is
sound when it says that in its opinion
be left to the courts to decide" If
the Legislative body is to enact the law
and then to interpret the law, there
is no very great step for it to proceed
to enforce the law, and then we may
as well do away with judiciary. and
executive and carry matters on in ii
IN
Mankind has labored very hard and
brought some of his best thought to
the problem of government His best
efforts have resulted in deciding that
government. is best carried on in
three branches, the legislative, the
Judiciary and the executive; that is
the makers of the law, the interpret
ers of the law and those whose duty
1T is to carry out the law. BY this
means, it is decided we get the best
form of government and the people
have the best chance of ENJOYING lib
erty. Under despotism, however, it
is otherwise. Theoretically, the three
branches exist, but practically they
do not. In Russia, for instance, the
sovereign or autocrat can make the
law, he can interpret it to please him
self and he can execute it by killing
the prisoner with his own hand should
he be so disposed, and though against
ordinary custom, no one could say
him nay, nor would any one have the
fright to criticize him.
1t might therefore be as well for
here to keep the executive, judic-
iary and legislative functions clearly
apart. We do not wish to fall either
under the despotism of the one or the
others. Each has an immense idea of
its own Importance, and each likes to
grasp at further powers if it can get
them. 1t is good thing that we have
cool headed men, who, in matter OF
this kind, point out to the Legislature
the safe path to follow, and it should
be followed scrupulously.