The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-06

So In the use OF any portion of the tracks ~
Tramways Company, the cars of the Hawaii. y Jug La
pany or of the said association and others ! aDS'al
standing on the portion used jointly, but shall ms A
stops as required to take on and let of moss,
The Honolulu Rapid Transit & Land Comr.,
cessor and assign OF the franchise and privileges
Clinton G. Balentyne and associates.
It will be necessary to construe and snn,v ~
going legislative grants in answering the onpsto,.
the submission
The first question to be considered is-Has the 4.
Tramways Company, Limited, the right to Law 1-r
along that portion of King street over which H.,
and now operates a single track railway? Il ..
said company has forfeited all rights to streets ~
thereof named in the grant that were not 50 occr,
time limit as extended in the Act of 1883.
1t is contended by the Tramways Company f, A.
it gave the right and privileges to construct .v !
operate a single track railway or double track r1
by the terms of the grant the option was left with
whether or not it would lay single or double t,,
this option might be exercised at any time within Al
years life of its franchise whenever its convenience
interests might require it; that the time limit fixed
grant set forth and extended in the Acts of 1885, %
not refer to the exercise of this option and only r
construction of line of railway for the TRANSFORMERS
sengers within the time fixed; that when the line was
structed the rights accompanying the grant became w
support of this contention the language of Section
of 1884 is cted ''Whenever the said William R Asn
shall elect to operate said railway either Of them
in part by the of endless wire rope or cable
other sections of said Act where the word railway
These citations scarcely be said to support cu
when it is remembered that they are used in the n
containing the grant to William R. Austin and his a
construct single or double track railway Wean
sumo that the legislature knew which the grantee T
to construct The use of the plural in this connection
more than recognition on the part of the Legislature
that time the grantee had right to elect to cOntufi
track railway. Again it is contended that the time
not apply to the exercise of this option for the reason
forfeiture provided for in Section of the Act dM
applies to 'such streets not occupied bytr
piration of the time limit Paragraph of Sech@tfia
by the Act of 1886 prescribes that the said ndn
completed and equipped and ready for transporaun
gers within two years, and if not completed etc
feiture attaches. The language of this section clean
the contention of the Tramways Company. trU
mon and general knowledge that single track raw
double track railway are two different and distinct
latter places double servitude on public HIGHWAY
streets the one would be permitted while the O'nH
This distinction was doubtless in the mind OF Inc
when in the Act of 1886 it was prescribed that Cd y
only single track railway should be constructs
''completed' has we'll defined meaning and It's Use
quoted section seems significant. The Legislature Is =
have known the meaning of the language USED 'ul
clear and definite idea to express in the use H
railway shall be completed, etc. The word oonl''
as wanting no part or element; perfect whole tA-
Dict vol 9. Now if street railway is compe'N WV
track line is constructed it does not require ne ~
other track to make it perfect, whole, entire d ~
the railway was not completed" when the anSS {
was constructed and operated then tor1eNu'
occurred and the franchise is void and OF no il'
effect Either position is fatal to the ngn' u''
Tramways Company.
The industry of counsel has cited many cas7
these are controlling authority They all ln'0'.
ton of the language of different grants OF p''I
language used both in the grant and in dennDS ii
conditions must govern in determining the eA''
given. ,c
Under the terms of the grant to the l''-' ~
the option was given it to construct elther ' III
track railway on the streets named but "n1''' .pe
structed must have been completed and ECU
tho 18th dav of Sentember. 1880 Under the V''