The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-04-04
THE HARBOR CASE.

The decision OF the Supreme Court
In the case OF the Government against
the OGhu Railway Company, Is an af-
iirmatiOn here Of the rule laid down
by the Supreme Court of the United
States in the suit involving the water
front OF the city Of Chicago. Up to
the time Of that decision there was a
difference OF opinion among lawyers
and judges, regarding the power of a
Legislative body to grant right Of
exclusive use of any part Of the navi-
gable waters 10 an individual or cor
poratiOn. It was conceded that the
owners of land adjoining navigable
waters had the right to reach and use
those waters. but how far the State
could ALLEVIATE am of the land be-
meath these waters had never been
clearly defined The value OF the sub
merged land in the Chicago case was
about 800, 1000. 600 The decision OF the
case involved n larger sum Of money
than any case ever brought before the
court The Judges were not unani-
mous in their decision. But a major
ity OF them held that the nayigable
waters could not be alienated to the
exclusive Use of individuals, and that
the State, as trustee for the people.
could not grant absolute control OF the
submerged lands to any one, and there
fore no quasi public corporation could
be empowered to condemn such lands.
This rule has been followed by our
Supreme Court.
At the same time there Is nothing
in the decision OF the Supreme Court
OF the United States, or in the decision
OF our own court, which forbids the
government to grant the right to the
Oahu Land and Railway Comany Of
building wharves and piers sufficient
for the purposes OF its business as n
common carrier. It Is probably for
the interests of the city itself that II
should be done in a generous manner
One need not be an expert TO see
THAT on the opening of the Pearl mar
Dor channel, there will probably be
a gradual revolution in the commercial
situation of Honolulu, in a short time,
If the Railway Company Is forced to
Imlke its sea connections at that har-
Dor. The large amount of room there
will attract large ships. If wharves
and warehouses are built. and offer
better facilities than can he obtained
in Honolulu harbor, the shipping will
concentrate there. \ double track or
an air line, with rapid and cheap tran
sit FOR only eight miles will practically
make Pearl harbor suburb of Homo
lulu. The cost of transportation of
freight and passengers to this city will
hardly be greater than from any point
in Honolulu harbor II the business Is
properly organized
The freight and business of tAe
great plantations al Eva and beyond
will naturally centre at Pearl harhor.
Great vessels must have abundance
of sea ROOM and they will find II there.
The growth of the great sugar plan
ations on this island will tend strong
ly to build up settlements around
Pearl Earbor. In addition to this, the
reconstruction of national dockyard
will require the establishment of retail
trade.
1t Is therefore important that not
only the facilities of Honolulu harbor
be increased at once, but that the Rail-
way Company should not re forced to
look elsewhere for its commercial ter
minus, That company cannot obtain