The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-06
ORIGINAL SUBMISSION.
DECIDED APRIL IS, 1901.
SUBMITTED MARCH 20, 1901.
FREAR. CD, GALBRA1rH AND PERRY, JJ.

FREAR Cd. G ALBRAITH PERRY, d.
By Act XVIII William Austin and associates
were granted build and operate for period OF
thirty years railway with all necessary
curves switches double track street railway
along in the city of Homo
lulu time the legislature for the commence
men railway its completion at three
years completing by subsequent Act
extended September Act extending the time limit
provided that railway equipped and
ready transportation of passengers etc. within the time
completed "a rights hereby granted shall
hereby granted become void and OF
no said road shall at
that completed required the right
granted of full force and effect
assignee construct equip
track street railway within the time limit
fixed by has right franchise
railway
granting
propellng the
said railway held that intended by the legislature
should be that time
railway companies and that
traction
least
1884 Austin associates
corporation right
the tracks of said railway for distance of 1900 feet
o
Austin exclusive
beyond feet
deciding
Honolulu and LandC Company has valid
chse and lay along
King Street Square
agreed
facts said operate
railway said
THE COURT BY GALBRAITH j.
The facts of this controversy forth the
signed by the parties thereto, follows, w.t.
l. "That the said Tramways Company as authorized by
law, operating street railway amway in Honolulu in
the Territory of Hawaii and occupies single track with switches
and urnouts King from the Waikiki to point
near the government pumping station Kaih. Said Tram
ways Company proposes lay double track other than the
tunou and switches, along said King
operate thereon ramway by electricity
g. "Ihat the said Honolulu Rapid Transit & Land Companv
the lawful holder of franchise granted Clinton G. Baen
tyne and others by Acts SO and 70 of Session Laws of 1898
and having received petition from the majority of the
property said King street asking lay railway along
street. and the Executive Council having thereto for
that portion of said King lying between Nuuanu stream
and Thomas Square, it proposes lay such railway and to
operate the said between points the distance
between said points being greatly seventeen hun
dred G7OO) feet"
B. hat which could be act of accept
of the Act of 1890 done by the Hawaiian Tamway
Company, Limited until after the expiration the time limit
set out in the Act of 1895"
THAT in the month of June 1899, the Hawaiian Tram
Company Limited notified the Interior Of
its intention lay double all the roads covered bv #;
franchise, and nclosed in the notification Minister of the
Interior statement of the proposed alignment of the double
track the streets and requested the Minister of the Interior to
notify the company if he had any suggestions to the
grade or alignment About the 25h of July $780, the
lister Of the Interior replied the Hawaiian Tramways Com
pany Limited stating that he had objection to the laying
of the proposed tracks and suggestions as to the grade
alignment and the Hawaiian Tranfway Company Limited
thereupon proceeded with tie work preparatory laying
double track"
Following the issues of law and fact:
l. elias the Hawaiian Tramways Company, Limited the
right to lay double track along King above