The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-05
ELECTRIC LIGHT FRANCHISE
AS DEBATED IN THE HOUSE
Excerpts From the Congressional Record Show
ing the Trend of the Debate-General
Grosvenor Talks at Length.

surprised that this bin should have
come TO the House of Representatives
with the sanction of the distinguished
anti-monopoly and anti-corporation
member from the State of Indiana.
If ever there was proposition offered
TO an intelligent legislative body that
undertook TO give away a. valuable
franchise without the slightest protec-
ton to the people, this is that propo-
sftion.
In addition to what the gentleman
from Connecticut (mr. HID has said in
regard to the lax description of the cor
poration and the enormous, the I'M
limited power proposed to be given to
il, I call the attention of the House to
| the fact that nowhere in this measure
| is there any power reserved TO Con-
| gress or to the Territorial legislature to
repeal or modify or in any way attack
or change this franchise for thirty-fiye
years to come.
| So far as the solemn act of Congress
/ can do it, this bill confers an irnmu-
! table franchise as to the existence of
| the corporation, its right to be cor
poration, its unlimited power to issue
stock, and its unlimited power to trans
| fer itself somewhere else, AND then /
wish, further, to point out tn there
+, is no provision by which anybody can
/ by any possibility help themselves af-
! forwards.
I call particular attention to Section
13, which is one of the most ingeniously
! drawn sections of the whole bill, drawn
evidently for the purpose of deceiving
somebody. I do not charge that the
action of this committee has been I'M
warranted in this matter. They have
brought in the bill as submitted to
, them, but whoever drew this thirteenth
, section understood pretty well what
, they were doing.
After having conferred upon this cor
poration all these powers they under
take to deceive, in my Judgment, the
people of the island with the notion
that If this corporation transcends it's
powers or fails to do it's duty under the
provisions of its charter there is rene-
dy provided in Section 13. I read the
language of that section:
whenever said company refuses or
fails to do or perform or comply with
any act, matter or thing requisite or
required to be done under the terms
of this act, and shall continue so to re-
fuse or fail to do or perform or comply
Herewith after reasonable notice given
by the superintendent of public works
to comply Herewith, the said superin- |
tendent of public works shall, with the |
consent of the governor and the attor- |
ney- general, cause proceedings to be /
instituted before the proper tribunal I
to have the franchise granted by this
act and all rights and privileges grant
null and void
Yet there is no suggestion in the
that any failure to perform
any or all of these acts shall work a
forfeiture of the charter. That, I say,
is an ingeniously drawn provision.
Mr.. Hill of Connecticut After Con-
gress has approved this act, could the
Territorial legislature withdraw this
charter during the term of thirty-fiye
years?
Mr.. Grosvenor. 1 do not know what
the powers of the Territorial legisla-
ture may be; do not know what are
the terms of the organic act.
Mr.. Hill of Connecticut. There is no
provision here by which the legislature
could do that.
Mr.. Grosvenor. Surely not. Now,
what is it that works the forfeiture of
I charter? In all acts of this kind
AXE, for instance, charters we have ]
granted here from year to year for the
past twenty years within my personal I
have always provided
hat the failure to comply with the con-
iitions named in the charter shall be
held to be a forfeiture. {
Non constat. Now, it might be held
hat all this was simply a mere piece
lind it. Now, this is an act to grant
great monopoly. The gentleman from
Indiana (Mr. Robinson) appreciates
hat fact because I find on page of
he report of the hearing before the s
committee that he himself put this
question:
Would it not be safer to assume that
is practically an exclusive right that i
Tou have here and that your fair deal {
ng is the point now at issue? 1t !
mounts practically to a monopoly, you |
know. These franchises necessarily
10 in all cities.''
And yet my friend, with all his anti s
nonopolistic bitterness and wisdom. is {
treating that identical monopoly and s
orcing it upon the people of Hawaii !
or thirty-five years, an irreparable and /
proposition that they can ]
lot get rid of for all that time.
Mr.. Robinson of Indiana. In so far /
Is the establishment of a 100000 plant {
n a $4,000 population city forms mo- /
lopoly, it is a monopoly, except that
he government has a plant there that i
lights the government buildings and
lights the public streets. except seventy i
ire lights that they buy current for :
rom this company.
Mr.. Grosvenor. oh, well, the gentle I
nan Will find that the trouble is that
We are attempting to go back to old 7
Kings that have passed away in the {
stimation Of wise legislators for many t
ears 2
iSt- c
Mr.. Grosvenor. One moment, if you /
please. The Territorial legislature of /
he island has the power to provide by r
general law for the incorporation of {