The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-26
Oahu Railway Company Replies
to the Government.
LODGED
Alleged That the Public Desires to
Create Monopoly for ltself-Ar-
gument On Harbor Rights.

In the case of the Minister Of the
Interior VS.. the Oahu Railway and
Land Company as left pending by the
demurrer decision Of Judge Stanley
filed in the Circuit Court a few days
ago, an answer has been filed by the
defendant corporation. The reply in
cludes a series of charges covering
about dozen long pages of typewrit-
ing. Many direct allegations against
the Government are lodged. Following
are excerpts from the answer:
Defendant admits that the Hawai-
ian Government has started to make
certain wharyes in the harbor Of Homo
lulu and plans further wharves there
in, but doubts whether the same or the
plans thereof can be characterized as
| Improvements to said harbor, and al
leges that the Improvements and plans
Of improvement adopted by the officials
Of the Hawaiian Government, so far
as the public has been admitted to a
knowledge thereof, indicate that the
1
plans that will destroy a large amount
of available wharf room in the harbor
of Honolulu and defendant charges
that the plans laid out are without
| authority or sanction of law or the
| Legislature and rest in the mere inten-
ton or hope of the present administra-
tion and may be abandoned at any
time, and that such plans indicate that
the main purposes thereof is to reach
| and destroy the defendants right to ac-
quire any wharf room in the harbor
of Honolulu and to reach and take
away from the defendant it's freightage
| business in Honolulu harbor, which
| the defendant charges the Hawaiian
Government covets for its own uses
and purposes, and that the alleged
wharf improvements if carried out
would do little to meet the real re-
quirements of shipping, commerce and
trade, though it would accomplish, if
the Court does not intervene, the seiz-
ure and absorption of the trade and
absorption of the trade and wharfage
business built up by the defendant cor
poration upon the strength Of its char
ter the railroad laws of this country
and a special contract made between
the Hawaiian Government and the de-
| PENDANT corporation.
This defendant denies that the
wharf land of the Hawaiian Govern
ment according to plans given out to
| the public, if so taken will be taken
under any powers vested in it by saw.
| And while admitting that the Hawai-
ian Government proposes to take all
the wharf room of the harbor and to
create monopoly thereof in behalf of
1.-THE Republic, denies that the purpose of
taking such wharf room is to erect
and maintain public wharves, and fur
Their denies that the wharf property
named in the complaint is necessary
to be taken by the Hawaiian Govern
ment for the purposes of erecting
and maintaining Wharves, defendant
alleging the truth to be that the pur-
pose of the Hawaiian Government in
shutting out all citizens, private par
ties, and corporations from access to
the harbOr of Honolulu except over
wharves constructed and owned by
the Government is primarily to secure
the wharf trade now enjoyed by the
defendant corporation and by others
having interest in and owning wharf
room on said harbor, and defendant
denies that it is the purpose or plan Of
the Government to utilize even the
wharf lands that it now has in its I'M
disputed possession and control, and
in this connection defendant alleges
that the plaintiff are arranging their
plans for the exclusive occupation Of
| Honolulu harbOr so as to destroy the
rights of this defendant corporation to
any harbor front thereon without the
| Inconvenience or expense of cOmpen-
sation to the defendant corporation for
| damages which would result to it from
such exclusion.
The defendant denies that the land
covered by said notice is being used for
Ipubic purposes or for the sailing, navi-
cation and anchorage of vessels, but
says the truth is that the only portion
of said land or right Of way that is
put TO any use, is that portion occupied
| by the wharves and slips built and
used by defendant and narrow right
of way thereto from Honolulu harbor
and that such use is exclusively by de-
| PENDANT, and that otherwise the land
condemned by the defendant corpora
| ton consists. as the plaintiffs COM
plant alleges, or unreclaimed and I'M
used land within the ebb and flow, but
too shallow for vessels
Defendant charges and says that
by virtue of laws and contracts it has
a vested power to acquire and enjoy
sufficient wharf room upon the harbor
Of Honolulu, for the purposes Of the
business it is authorized to promote
and carry On under the laws and con-
tracts aforesaid.
Defendant charges that any attempt
by the plaintiff or any other Depart
ment Of the Hawaiian Government in
the face Of said contracts and law, TO
shut out the defendant from the right
to acquire such wharf room as afore-
said, is breach Of good faith on the
part Of the Hawaiian Government and
a reputation Of its contract obIiga-
IiOnS and that the Hawaiian Cavern