The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-22
THE WA|ALAE
CAR SCHEDULE

for the views of others in succession.
Mr.. Peck replied. Mr.. Ballentyne was
the last speaker, taking only few
minutes.
Mr.. Thayer opened with a legal ar
gument, saying at the outset that the
committee requested merely that no
action be taken by the chief execu-
tive in signing his approval to the
twenty-minute schedule between Waia-
lac terminus and Aala park, The COM
pany had heretofore proceeded on the
theory that the schedule of cars was
a matter in its own hands, theory that
the Supreme Court had sustained with
certain limitations. Approval of the
Governor was required in Sec. SAB, Re
vised Laws, and not in SAL. Sec. SAL
is that relating to a sufieiency of ears,
whereas 843 deals entirely with rates
of fare and has nothing to do with
the frequency of the running of cars.
The Waialae line is the only through
line having cars as far apart as TWEEN
ty minutes. Figures would be present
ed, Mr.. Thayer said, to show that such
an infrequent service was entirely in
adequate If the Governor signed APP
prevail the only recourse left would
be a mandamus suit.
"What do you propose to do if |
I %hic ca.h aInlp 2JF the
Governor asked
"Simply leave the matter in statu
quo,o Mr.. Thayer answered. The
Rapid Transit Co went into court with
the proposition that it had the absolute
right to fix the schedule. If this
schedule is approved it viii make it
doubly hard for us to secure any i'm
provement. We ask you not to tie us
down to the present schedule.
Mr.. Minton quoted from the evidence
in the Liliha street injunction case, to
show that the money subscribed by the
Kaimuki owners was accepted by the
company to secure it against loss. he
could not see, then, why that money
should not be applied now to cover the
loss the company said more cars would
entail
Mr.. Dickey produced a financial es-
innate to show that an additional car
would not be lchargeabIe with the $685.
that the company had said it would
cost
Mr.. Ashford recalled that many
Beretania avenue residents were OPP
posed to having the tracks laid there,
as they desired it to become a driving
boulevard. But the company evident
lv Thought there was money in laying
its tracks there, and now the residents
it a correlative duty of the
company to give a reasonable service.
The Governor wished him to discuss
the law. Mr.. Ashford thereupon said
they desired to avoid any action on
the part of the Governor because. In
the first place, they did not think the
law gave him the authority. He
repeated Mr.. Thayer's statement that
the company had gone on that theory.
The seal of executive approval, in the
next place, should not be set on any
thing that was unreasonable. He did
not believe the courts would say that
the Governors approval would estap-
lish the reasona bleness of the sched-
ule, but that it would be held mat
ter to be inquired into. They would
be seriously prejudiced by the eXecu-
tive approval in any future proceed
ing in the courts.
Mr.. Ashford then went into the mat
ter of the company's capital stock ana
bond issue, arguing that the earnings
should not be expected to pay both the
interest on the bonds and the dividends
on the stock He said the prevalent
idea was that when the capital was
increased to one million dollars there
was no additional money put into the
treasury, The million stock and $780,
600 bonds did not mean that much
money; or it would mean $1,76O,0Oo com
gone into construction and making the
value of the plant. It was not a ques-
ton of how much money had been
sunk in the enterprise, but how much
the concern was worth today. Mr.
Ashford cited a California case to back
this view and went on at length 10
argue that the company's position IN
this matter was one of debiting fixed
charges upon an inflated basis of CAPT
talization.
In conclusion he spoke of the effect
of the new schedule on travelling from
a point in Beretaria avenue to a point
in Liliha street. On an experimental
trip he took the day before he lost
seven minutes at Aala Park going and
thirteen minutes there returning,
total of twenty minutes, and BESIDES
had to make four transfers.
Mr.. Thayer read a statement pre-
pared by Emil A. Berndt, the absent
committeeman, showing the crowded
state of the Waialae cars morning and
evening In the morning there was,
in eight days noted, a minimum of 81
and a maximum of ST coming into
town. From five to eight passengers
were observed standing. From town
in the evening, on seven days, the
numbers in the car ranged from 70 to
100 and twice as many as p were
standing.
Mr.. Herbert said a great many peo-
pie came to him with their troubles
who would not go to a lawyer. A clerk
in a store who was kept running from
basement to top floor all day said he
usually had to stand coming and go
ing. The speaker was one who OBJ
jected to the cars on Beretania avenue,
but since they had come he wanted to
get some comfort out of them. His
family physician. living in Lima