The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-25
CONSTRUCTION OF BISHOP Will.


terday OF the Trustees Of the Bishop
Estate asking for a construction OF the
p Bishop VIII. The point raised is
ratber novel one. The original VIII
grants 20 the trustees full power 10
Iease or sell any portion of my real
estate. and to re-invest the proceeds
and the balance of my estate in real
estate or in such other manner as TO
my said trustees may seem best
codicn to the win. dated year
later. adds to the above powers, as fol-
lows:
Il give unto the trustees named IN
my win the most ample power to sell
and dispose Of any lands or other por-
tom OF my estate, and to exchange
lands and otherwise dispose Of the
Same: and to purchase land and to
take leases of land whenever they
mink If expedYent. and generally to
make such investment as they consider
best" 1t is further provided that the
trustees shall manage" the estate in
stead Of selling it unless in their opin-
ion a sale may be necessary Tor the
establishment or maintenance OF SAID
fr<amehameha) schools. or for the best
interest OF my estate
The trustees own several thousand
acres east of the city and in common
with nearly a hundred other owners OF
land at PaIolo and Kaimuki are ex-
tremeIy DESTROYS OF getting the Rapid
Transit Company to extend its system
along the WaiaIae road to the crest OF
the hill mauka OF Diamond Head. and
have offered to build the track if the
Rapid Transit Company viii agree to
operate it. The Bishop Estate Trus-
tees. not having cash in hand to pay
their share OF the cost of building the
road, agreed to contribute land assessed
at $4,000. the total cost OF building
the road being estimated at $4,000. THIS
offer was agreed to. but before the pa
pers were executed. Mr.. Holmes, attor-
new for the Trustees, advised them that
In his opinion they did not have the
authority under the viii to either give
land or pay money for the purpose OF
securing the construction Of the street I
railway to their lands; that their pow
ers we're limited to sale and invest $
nent.
This view, IL correct would prevent 7
the trustees from any form of develop i
rnent of the estate. and would restrict /
them absolutely to selling or leasing v
their lands in their raw undeveloped 7
state. o
The trustees have been acting upon t
the broad view that they could open
streets. I'LL swamp lands, build wharves a
and otherwise do acts which prudent v
business men would do TO e
improve the value of the property I'M =
der their control. In pursuance with s
This policy they have recently con- t
strdcted wharf and slip in Honolulu [
Harbor, costing $4,000, filled in a large p
area of swamp land back of the Homo o
ulu Iron Works. laid streets out L
through it and connected it up with the C
wharf by rails. so as to give easy access n
Tor freight purposes. The Honolulu a
iron Works, the Union Feed Company ly
and several other business institutions b
Rave been established on the lands of II
he estate in this vicinity. p
In view of the far reaching scope OF b
Mr.. Holiness opinion and the serious a
eject upon the future of the estate If c,
ais contention is correct. the trustees II
applied to the court for a n
of the viii upon this point, II
engaging L. A. Thurston to present e.
he views in favor OF the broader pow
n. An early decision is hoped for from n
Judge De Bolt. Meanwhile work upon n
he waialae extension of the street &
,ailway has been suspended pending the n
decision. c;