The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-05-05
Senate Lays Right to Purchase
Bill on the Table.
KAPIOLANI PARK BILLS TABLED
Gable Franchise Act Deferred
Light Wine and Beer Act
is Passed.
SENATE.
Sixty-seventh Day, May

S1Xty-SeVenth Day, May 4.
Cecil Brown, P. G. Jones, G. Bolte,
Mark Robinson and John Ena were
elected members of the Council of
State by the Senate. Senators Wilder,
Waterhouse, Wright and McCandless
were also placed in nomination but de-
clined to run. Other nominees were
J. A. Kennedy, J. B. Atherton and
George Carter.
The Special Committee that has been
considering the bill to grant the Oahu
railway wharf privileges made a re-
port recommending that the bill be
laid on the table. The report describes
the purposes of the bill and makes a
resume of the proceedings now being
had in the Courts on the wharf ques
ton. 1t briefly outlines the conditions
of the lease of land to the railway COM
pany in 1890, and the Governments
claim for obtaining possession of the
land after 80 days notice. The report
further states in part:
The Government has rested it's claim
in this case on the right given to the
Minister of the Interior by this agree
ment, and that the Government has the
right to take the property for public
wharves, and that such public use is
superior to that proposed by the rail-
way company.
The railway company, on the other
hand, claims that it's wharf plan pre-
sents superior public advantages over
that of the Government.
In regard to the question as to
whether the Legislature should take up
and decide questions of this nature
your committee are of the opinion that
all cases which can be settled by the
Court should be left for the Court to
settle
AS legislators, we were elected to
pass appropriations and make laws for
the country, but not to execute the
laws or to sit as a court of equity.
The Legislature has the power to in
terfere with the policy of the Execu-
tive, but in our opinion it is unwise to
do so unless the course being pursued
by them is manifestly unjust, or is
against the public interests.
The report states that the case now
on trial between the Minister of the
Interior and the railway company is
not one in which parties would unjust
ly suffer loss unless the Legislature au-
thorized the settlement of the claims,
for this company has the advantage in
going to Court of being backed up by
laws which grant liberal rights and
privileges.
The Committee believe that, because
of this right of the company to go to
Court, it would not be right or proper
for the Legislature to interfere with
the Executive. The report concludes:
Honolulu harbor is so limited that
your committee wish to express with
emphasis our view that the Govern
ment should obtain and retain control
of all the water front possible in the
harbor, for it seems plain to US that in
the near future it will be necessary to
expend much larger sums of money for
developing the wharf capacity of the
harbor than any individual company
or corporation, would be ready to
spend for that purpose.
The report was adopted.
Senator HoIstein reported to the
Senate on the visit of the Committee
to Molokai settlement. The commit
tee expressed the heartiest commenda-
tiOn of the conduct Of settlement af-
fairs and of the appearance of the
settlement. The report briefly describ-
ed the visit and stated that but few
complaints had been received from the
members of the settlement The
committee stated that the water ques-
ton would be passed by as an appro-
priation of $4,000 had been inserted
in the loan bill and the Board of
Health had the matter under consider