The Hawaiian gazette., 1899-07-28
STREET RAILWAYS
Rights of Rival Lines
Laid Down.
Attorney General Cocpsr's Opin-
ions on Rights Of Hawaiian Tram.
ways and Rapid Transit Cos.

Following is the text of the opinions
of Attorney General Cooper on the
right of the Hawaiian Tramways Com
many to lay double tracks on streets
traversed by its present lines and the
right of the Rapid Transit Company
TO lay track along King street from
the bridge to Victoria street. II Is un-
derstood that these opinions have been
adopted by the Executive Council and
now represent the views of the Gov
eminent in the matter.
Department of the Attorney General,
Honolulu, July 18th 1899.
To the Executive Council; In re-
gard to the notification of the Hawaii
an Tramways Co.. Ltd. under date OF
June 25th, wherein the company states
its intention TO convert its line from
single track to a double track on the
various streets in Honolulu where it
is now operating its line of tramways.
have to say that am of the opinion
that the Tramways Company is en-
titled by its franchise TO lay and main
tain such double tracks This opinion
is based upon the several acts upon
which the franchise was granted.
In 1884 the first franchise was grant
The franchise granted by this act of
the Legislature expired by limitation
of time. The franchise was re-enacted
by the Legislature of 1856 and was
again re-enacted by the Legislature of
1883, which extended the time for the
completion of the tramway until the
18th of September. 1889. Before this
last mentioned date the Hawaiian
Tramways Company. Limited, had
been organized and constructed all of
the lines of track now in operation by
that company: such line. however, be-
ing a single track with the necessary
switches and turnouts.
The question which has been consid-
cred is whether or not the Tramways
Company is now entitled to change its
line from single to double tracks. The
limitation of the franchise is controlled
by the seventh subdivision of sec
ton of chapter "a of the Session Laws
Of 1884, as amended by chapter is of
the Session Laws of 1856. which is as
follows:
That the said railway must be COM
pleted and equipped and ready for pas
sengers within two years, and If not so
completed within the said two years
terminate and the franchise hereby
granted become void and of no effect.
Provided. that for such portions of said
road as shall at that time be completed
and equipped as above required the
right herein granted shall stand and
be of full force and effect"
The time limit mentioned in this
subdivision of section was extended
tho | nf Xxx n Snntap,hnp /
1889. The Tramway Company having
laid its single track with the neces-
sary switches and turnOuts and
equipped the same for public travel be-
fore the 18th day of September. 1889,
in my opinion. earned the full benefit
of the franchise for such portions as
had been completed and equipped,
which included the right to lay a
double as well as single track on the
streets mentioned in their letter of
June >. The franchise being in full
force and effect so far as those streets
are concerned, authorizes the company
to lay double track upon such
streets AT the present time. The fran
chse was not in the alternative to the
extent of compelling the company to
make its election before the 18th of
p'pA'"b'i, 1909, Jul saw COMPANY
its option 10 lay "A single track with
the necessary switches and turnouts or
a double track, and having complied
with the requirements of the statute
it earned the right TO exercise full
force and effect of the franchise
which includes the right to lay a
double track.
] am, however of the further opin-
hnt ln
nothing more than license to the
Tramways Company to occupy the
streets mentioned in the franchise,
which, If not availed of, would not
hinder the occupation by another COM
pany, holding a franchise from the
Legislature, If no physical difficulties
prevented it.
The latter becomes important for the
reason that a petition has been re-
ceived from the Honolulu Rapid Tran
sit Land Co. for permission to oc-
cupy that portion of King street from
the King street bridge crossing Nuu-
anu stream To Victoria street. which
would necessitate the laying of track
parallel to the Hawaiian Tramways
Company's track on King street be-
tween these points
The Hawaiian Tramways Company
not having exercised its right to lay u
double track on King street between
the points above mentioned, it appears
TO me that there Is no valid reason for
denying the petition Of the Honolulu
Rapid Transit Land Company for the
right to maintain track as asked for.
II IN 80 doing the public safety and
convenience Of travel are not mulcri-
ally impaired
have expressed this opinion in an.
swer to the question referred to m,
ny the Executive Council upon the pc,
tltloh OF the Honolulu Rapid Transit
a Land Company,
HENRY T., COOPER
Attorney General