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


corning the existence of the right lay track for greater
distance will be recalled that Section the Act of 1854
the lramways Company granted the right to lay single
OF double track railway and along the
therein and that said the principal thorough
fares OF the city of Honolulu.
In Section of said Act it is provided as follows:
The legislature of the Hawaiian Kingdom or the Minister
OF the Interior when authorized by legislature may
grant to one other corporation and the right to
use either of the aforesaid for distance of seventeen
hundred feet and upon the following conditions: that
ech company person corporation using the said jointly
snail pay equal portion for the maintenance
OF the portion of this track used jointly"
Section of the Act granting franchise to the assgnors of
the Rapid Transit Company provides:
1st Authority hereby conferred upon the said assoca
ton and others occupy the the tracks of the
Hawaiian Iramways Company accordance with provisions
OF Section of Chapter "a of the Laws 1884 emitted AN
Act granting to William R. Austin and his associates etc.
provided that the said association and others shall
comply with the provisions and requirements of this section
I'd Provides for the of making crossings over the
tracks of the Tramways Company when necessary
ID In the of portion of the tracks the Hawaiian
lramways Company the of the Hawaiian Tramways Com
pany of the said association and others shall remain stand
ing the portion used jointly make only such stops
as required to take and let off passengers
1t conceded that the Rapid Transit Company the zone
other corporation privileged provided in Section above
quoted and entitled all rights said section as
modified or enlarged by Section of the Act of 1898
The claim is urged by the Tramways Company that by said
Section it granted the right the term of its
franchise to the of the streets enumerated Section
the Act OF 1884 excepting only the right of the legislature
give other corporation the right said streets
for distance of 100 feet and more that grant
exclusive right subject only the above exception became
vested when said and each of them occupied by its
railway and that this grant when accepted by the Tramways
Company became between the government and
company the obligations of which nvoabe by the
courts as well by the legislature
The authorities do agree the question of the power
of legislatures grant exclusive rights and privileges private
corporations limited number years. here is some
conflict in the decided cases. says Elliott upon question
of the power of the legislature grant exclusive right
street railway company occupy and highway The
weight of authority is that the legislature
monopoly by granting exclusive privilege and this regard
the sound doctrine Roads & Streets p cited
in Note 1.
However much doubt there may be the question where
the terms of the grant plain and show clear intent the
part of the legislature exclusive franchise doubt
uncertainty where the of the grant
bguous and uncertain In such every presumption is
against exclusive grant Under the rule of construction
every ambiguity construed against the grantee and favor
the public Section clearly ambiguous The object and
purpose of the legislature enactment apparent
second reading If had been the purpose of the
legislature grant exclusive right the Tramways Com
pany would naturally look the first section of the Act the
granting the charter for expression of such purpose
We look section for any word phrase indicating
make the grant exclusive We forced to the
that the purpose intention of the eg
give the Tramways Company exclusive privilege
to use the streets named for railway purposes
It seems that reasonable construction hold that
Section limitation the grant made in Section l. That
in right was reserved franchise granted condition
was prescribed which the made The right
reserved legislature grant to another corporation
the right to use the with separate line of railway
it already had right and had parted with but to
GRANT to one corporation the right either of the
in