The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-07-30

sections nor are any other words Of similar
effect used On the contrary, Section begins said
Minister shall have power" &C. as if p
power in addition 10 and identical with that forth
Section given. And p are even more
emphatic They begin "Dd be it fnth1, oactcd" as if an
additional and different power being conferred More
the Minister may gr1t (-cc Section - The
Legislature would hardly have spoken grant by
another with another or have authorized the Minis
ter to "ccr into coDbact rb any association persons
by authorizing him "D,abc grant right way
association Section implies that the corporation
take something its part and merely be the recipient
favor 1t implies mutual undertaking between parties,
oneded grant by party. The expressions ANY
poraon that shall undertake. &c, in Sections d.
bear this idea The expression "whin the prescribed
PERIOD in goes the contract con
tempated intended merely of grants of aid
but that might prescribe the period within which the works
should be completed. There change
Act of 1888 similar that in the 1878 manner
in which the sections begin For instance
with of authority the Minister, while sections
including those permitting the exercise of the right of eminent
domain, begin with Such company may, &C. ee O.
and there question that a required
that Act.
Section Of the Act of provides that the purposes
and subject provisions and restrictions Of this Act mot
Charter c corporation may exercise the right of
domain in various specified ways. "Tc corporation would
naturally the corporation already mentioned and
empaed by the Act. 1t the corporation
Section What corporation corporation with
which the Minister has entered or purpose
building and operating raroad any corporation
corpoated under the general corporation law or the purpose
of building and operating railroads. Words does
last clause of Section 90 Contract or
the word assocate Defendant argues the
ton. The argument is that if the last clause did go with
associate then the kind of corporation with which the Minis
might would restricted he might
with any corporation whatsoever for instance mercantile
corporation for building railroad contrary the purposes of
its charter which would be absurd But the other hand
might we'll be argued that if the last clause Section does
go with contract the kind of which the Minister
might make would be restricted and he might for
any purpose as, for instance the manufacture of toohpck
which would be equally absurd for it would only
permit the Minister purposes outside of the
charter but would also confer the right of eminent domain
for purely private that is unconstitutional purposes The
that Legislature assumed that the Minis
would into such contract contemplated
except with corporation organized railway pur
poses The Legislature would readily that he would
with corporation formed for purposes which the
appropriate than that he would only make
appropriate the purposes of the corporation but also
contract of the particular contemplated by Legislature
is also argued that if the last clause of Section intended
go with contract the words purpose Of would have been
omitted that that the Legislature would naturally have
budng than for the purpose of
building Perhaps if their attention had been drawn the
distinction though this upon which there might be
difference of opinion But the fact that nearly four lines inter
and the words for the pur
pose of building" ample for the oversight if
oversight Separated, the words thus widely
would readily detect the slight in the mode of
expression and considering the Act whole evident that
Legislature overarefu in their of language
This question regard to the word with which the last clause
intended CO. is made perfectly clear by
first section of the Act of 1888. This section
evidently framed the model of the first section of the Act of
1878, and part the main por-
ton and from the last part of the provso that
words Constructing and operating intended to define
the of the corporation
provo the Legislature said that the minister may
with dny Hdraan corporations without any
defining the corporaon taking it for granted that
would for the construction of railroad
any but railroad corporation We may add that the
of in