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

general corporation Act Is called first section of
the Act Of 1873 itself this general corporation Act
any persons could under recent Act och - Laws
Of $500 incorporate viii by filing association.
they could not incorporate except by obtaining special charter
from the Minister of the Interior with consent of the King
in Pnyy Council Similarly, any persons could acquire the
privileges Of the Act Of VIII incorporating as
railway corporations they could do except by entering into
contract with the Minister Of the Interior with the consent of
the King in Privy Council
Again it true that Section Of the Act of $50 refers to
the rights, and privileges forth in the Act
granted by the let, by the 1t will be noticed
the other hand that Section speaks
these rights, powers and privileges if they
fered through with the Minister rather than by the
Act The true explanation be that, forth IN
Section of the Act 1890, they granted
but only to such corporations have entered into with
the Minister Moreover, Section itself (Act of 1890 speaks
in the of the rights, powers and privileges forth
in the Act of 1888 granted by that Act not by contract
and already said necessary under that Act
This Section also shown by its provso that
the provisions of the Act of relating special
considered in much the category the provisions rela
ing the other rights powers and privileges under that
that IS that neither Of privileges regarded the
elusive subject of the
Section (Ac of 1879 provides that 1T Cc corportion)
upon any lands which may Join upon the line of any
railway which may be authorized by charter be made
From this it argued that the corporations which intended
have these rights of domain authorized by
chartered under the general corporation Act and those
having contract with the Minister. This first paus-
bic But in view of the contrary construction which other por
tons of the Act call for above FORTH it would
if the the word charter here entitled
little weight and further reflection enfoce this conclusion The
word charer evidently used distinguished from
Contract" The question whether 'charter' 'con
tract should be inserted here but whether either of these words
nothing should be inserted Later in this paragraph the
"autIorized" followed by
of the word charer here It's insertion is consistent with
either conended We have already that
the Legislature assumed that the Minister would
the with any corporation authorized by its charter
build railroad 1t merely expresses here what omitted
express other portions of the Act The of the word
Charter" here is entitled to still less weight from the evident
fact that little attention paid the language of this clause
The clause, if read literally, that corporation may
upon the lands adjoining the railway of another corpora
tOn which would be absurd The clause therefore be read
in the light of the of the Act and when read may
easily be construed in harmony with the construction which
have adopted.
Having decided that the right eminent domain under this
may be only by corporations
into with the Minister of the INTERIOR and it being
admitted that such contract entered into by the defendant
unless its charter contains such contract remains be
considered whether such the The railway already
built and in operation when the applied for their charter
the lands necessary for the purposes of the railway having been
obtained by private arrangement The charter granted in 1881
after ecing that application had been made for charter of
incorporation for the purpose acquiring rebuilding extending
and operating railroad railroads and that the proper cer
Gates had been filed required by Section 1445 of the Civil
Code (Ch XX the general corporation law constituted the
applicants body corporate for the purpose of building and
operating railroad railroads certain points and
erred upon the corporation the usual rights and powers
succession, SUITS SEAL holding property appointment of officers
bylaws, capital stock location of head office of process
liability &C., and then proceeded: "The said corporation
hereby invested with all the powers privileges rights and
mmunes which hereafter may be secured by the
general corporation law incorporate companies and subject
to the disqualicatons declared by Chapter XX of the
Civil Code be incident thereto The Charter continues
This charter granted and accepted upon the following
press condions namely provisions against discrimination in
the of and car unreasonable chances