The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-05-31

L .
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-
ton so to do, and the payment or tend |
er to the Company of the value of such |
improvements"
Also to subdivision on page 5 of
the lease which reads: .'Notwfthstand-
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 filed in premises for the bene-
fit or improvement of the Harbor of
Honolulu, the Government shall have
the right at its own expense to make
such change without paying to the
Company any consequential damages
for loss of use of said premises, loss
of business or otherwise, or any dam
ages other than the kind specified
above"
CThe 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
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."
] call your attention to the fact that
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
broad 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
that side of the harbor, has changed
the policy which it had in 1899 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-
cided 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 a
: wharf and temporarily lease the gov
eminent land fronting the harbor fol-
10 years, subject to cancellation al
, any time, in order that the Railroad
business might not be hampered.
The plans of wharves which the
, Railroad Company now urges, or one
o similar thereto, was drafted and pre-
4 scented TO me at the time by Mr.. Dill
bingham. Then, as now, Mr.. Rowel
n preferred the plan which 1 understand
}. he still prefers-that it is a straight
o wharf from near the Lime Kilns t.
near the cattle wharf. My belief a
Q the time, fully expressed to both Mr.
4 Rowell and Mr. Dillingham;, was tina
o Mr.. Dillinghams plan was the best
. that instead of the basin from the
Lime Kilns up to King street bridge
: and toward the present cattle whar
: being filled in, it should be eXcavated
= making additional harbor room, anC
+ | by the plan of wharves which Mr.
T Dillingham; advocated being adopted
n giving much more frontage than thu
. straight line plan proposed by Mr.
: Rowell I, at the time, however, tolC
Mr. Dillingham; that what l SHOULD
advocate would be the condemnation
by the Government and taking from
. the Railroad Company all the LAM
: necessary to be so excavated and TIL
= frontage back from the water edg
q so produced, for not less than 100 feet
Mr.. Dillingham; replied that the Gov
eminent could, of course, at any tim
do so, provided that it pay for the lant
. so taken.
: l do not know what the details ar
: of the action and litigation as between
: the Government and the Railroad Com
y pany, but this 1 do know, that tn
Government in attempting TO locate
permanent system of wharves on tn
! Eva side of the harbor and abrogat
ing the railroad lease and taking pos
session Of the strip of land in ques
. ton, is acting upon the exact and pre-
else understanding and agreement en-
= tered into between it and the Railroad
Company in 1890 at the time of tn
= location of the terminal division ant
the execution of the lease in question
that such policy was although no
what Mr.. Dillingham; then wanted, full
: ly and absolutely understood ant
agreed to by him.
/ understand from other sources
that my connection with this trans
- f,oo,, al and ad--nrC