The Hawaiian gazette., 1898-01-21

General note the following words
"and own all wharves, docks, piers and
appurtenances necessary for the en-
ioyment of such right And further
on in that charter the Government
confers upon the Railroad the right
to borrow money, in these words:
"The said Corporation may from time
to time borrow money for
the purchase of real estate
and as security for its bonds with in
terest thereon the Corporation may
pledge all of its property and profits. "
Please. Mr.. Attorney General, note that
they are authorized to pledge not only
their property but their profits The
Attorney General in his interview in
the Star is conclusive authority that
the intention of the Government is to
wholly evade and nullify its solemn
obligations to this Railroad Co. in so
far, certainly, as its right TO own
wharves on Honolulu harbor is con-
cerned; for he says in so many words,
it is the policy of the Government ito
own all wharves." He says, in order
to clinch it, that 1t is not intended that
the Railroad Co. shall have the owner
ship of the wharf When did the
Government first have this inten-
ton? Was it when they were
penning that contract by which the
right to own wharves necessary for
the purposes of the corporation was
given? If so, wouldn't it have been a
little more honest to have said so?
Or, if the Government didn't feel like
saying so then, to have at least re-
Trained from holding out false hopes
by expressly contracting that this Rail-
road should have the right to own
wharves. Mark the word ''own." And,
Mr.. Attorney General, bear in mind,
as a lawyer, that other men here and
abroad who loaned their money to this
corporation have marked that word
and noted it, to wit, the right to own
wharves. Perhaps the Government was
enjoying the intention of gobbling all
the wharves at the time it gave this
Railroad its charter and as sauce
piquant to the intention and in verifi-
cation of its good faith authorized the
corporation by that document, not only
to own wharves, but told the Railroad
lON IACy SOulu ONh olCnlli hSooSio LII
collecting and distributing pasSen-
gers and freight upon, over and across
any of the bays and harbors, inlets,
rivers or streams on the Island of
Oahu" and in that connection and ''for
the enjoyment of such right" might
own all wharves necessary, etc. Or,
is this intention, after all, one original
ing with 1.-The best Government this
country ever had?" If the Government
intends to own all the wharves of
Honolulu harbor, certainly it is fic-
ton to say that the Railroad Co. can
own any wharves in that harbor, also.
Your policy nullifies the chartered
rights of this corporation, and do you
not consider it a serious blow to the
interests of this Railroad Co.? Do you
not think the Government has misled
this corporation and the investors in
its bonds? Does the Government have
to be told that there is a clear distinc-
ton between the privilege of owning
wharves and the privilege of using
them? And if the Government meant
that the Railroad Co. should simply
have the use of wharves that to confer
upon them the right to own wharves
is, to say the least, the use of inapt
language?
Should not the Government go slow
in acting in the name OF the people?
The people may be somewhat jealous
of what is being done in their name.
The learned Attorney General remem-
bers probably how our people, though
the Legislature, ratified the London
Loan negotiated by the agents of the
Gibson Ministry, though the terms Of
that loan were in direct violation of
the law authorizing the loan. The peo-
pie did this rather than have the
smirch or tinge of reputation touch
their Government. And if the people
believe, upon a consideration of the
Legislature of the people have entered
into obligations with this Railroad Co.
which in the view of both parties con-
template ownership of wharf on Ho
nolulu harbor by the Railroad, the
money that can be made by confiscat-
ing that wharf and shutting the Rail-
road out from owning any frontage
on that Harbor, will be considered as
sorry recompense for the loss of credit
involved, to the Government both here
and abroad. But, Mr. Attorney General,
what will the people think in whose
interests you profess to be acting when
they come to consider that on your
own confession and statement you are
nullifying the chartered rights of this
company ostensibly to get wharf room
when you have wharf room to burn,
when you are filing up what,-to use
your own language again-can be
easily made into wharves? Seeing that
the Government has so often and so
solemnly conferred this specific right
upon the Railroad to own wharves,
would it not be little more decent,
little more reassuring to capital to
at least use the unused and available
wharf room (which you can easily
make into wharves'' before you come
to the confscation of this railroad
wharf? Can you not consume us last?
Or must we be bolted now and at once
whatever else happens? Is the new
wharf headed straight across the har-
Dor towards the Railroad wharf a war
measure-a road way to reach and
behead US? Is it case of Pixies Peak
or bust before the Legislature meets?
You kindly tell the Railroad Co. that
it may have the use" of the Govern
ment wharves in common with others.