The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-05-28

Railroad the strip in question at a
nominal rental for a limited period.
Mr.. Dillingham; was very loath to
acknowledge the Government owner
ship in the strip in question, but final
Iy after several weeks negotiation, the
matter was agreed to.
Not having the documents before me
l do not know what the relative dates
of the location of the terminal division
and the lease are. The official approv-
al of the location of the division is
endorsed upon the map showing the
location.
note that in Mr. HartwelPs notes
given to you he suggests that the ap-
prOval of the harbor location which is
recited in the lease as extending to
deep water. may give the Railroad the
right to condemn the harbor frontage.
The fact is that the location of the
terminal division and the lease to the
Railroad of the Government strip in
question, were all part of the same
transaction and the provisions in the
lease absolutely negative the possibiIi-
~ of the suggested construction.
In this connection | would call your
attention to subdivision l on page
of the lease which provides that '"The
Government shall have the right to-
take possession of the land heretofore
demised or any part thereof; together
with the improvements on the same,
or on any portion, which may be
taken at any time after giving to the
Company ninety days notice of inten-
tion so to do, and the payment or tend
er to the Company of the value of such
improvements"
Also to subdivision on page of
the lease which reads: "'Notwithstand-
ing the above demise if it should be
deemed necessary at any tire by the
Minister of the Interior to change the
location of said wharf or wharves or
of any filled in premises for the bene-
fit or improvement of the Harbor of
Honolulu, the Government shall have
the right at it's own expense to make
such change without paying to the
Company any consequential damages
for loss Cf use of said premises, loss
of business or otherwise, or any dam
ages other than the kind specified
above"
(The damages specified above be-
ing the actual cost Of material which
the Government might take from the
Company
Also to the clause beginning on page
5 and ending on page whereby the
Company covenants that whenever the
Government either by lapse of the
lease or by taking possession under
the terms to take the lease, performs
the conditions by which 1t is allowed
to take possession under the lease the
Company will peaceably quit and de-
liver up to the said Minister, or his
successors in Office or assigns all of
the premises hereby demised."
all of these provisions and the very
lease itself are absolutely inconsistent
with a permanent grant or any step
in the direction of allowing the Rail
road Company to acquire permanent
title to the harbOr frontage.
l understand that it is being urged
in behalf of the Company that the
Government in now attempting to re-
sumo occupation of the harbor strip
of land by the terms of the lease, and
to construct Government wharves on
that side of the harbor, has changed
the policy which it had in 1890 when
the lease was made and is acting in
bad faith with the Company. l cannot
believe that Mr. Dillingham; can have
made any such statement or argument,
for nothing can be further from the
truth. All Of my acts at that time as
Minister of the Interior were taken
upon full consideration by the entire
Cabinet and after many discussions
and many interviews. The policy of
the Government then was exactly
what it is now; that is, to own and
control the harbor frontage. At that
time the plan of the wharves in that
part of the harbor had not been de-
cfded upon and there was no appro-
priation with which to build a Govern
ment wharf. 1t was the full intention
and policy of the Government at that
time to develop at an early date the
wharfage on the Eva side of the har-
Dor All this, Mr.. Dillingham; knew
fully, clearly and completely. Pending
the discussion of the exact location
of the wharves and an appropriation
therefor, permission was given to Mr..
Dillingham; to temporarily locate
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