The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-06

toontinued from Page onel

for the breaking up of the public
streets and highways, the ordinance,
which recently passed first reading,
provides that any person desiring to
break up or disturb any public high
way, shall obtain permit from the
City and County Clerk so to do, and
further provides that before any per-
therefor shall pay to the City and
NIT shall be issued the applicant
County Clerk, to cover the cost of
inspection and the issuance of such
permit, permit fee of the sum of
fifty cents. 1t is made the duty of
the iCty and County Engineer by the
Ordinance, and the respective road
overseers to oversee and inspect all
excavations and other disturbances
for which a permit has been granted.
These provisions of the proposed
Ordinance are general in their terms,
applying alike to all persons, firms
and corporations desiring to exca-
vate streets and highways of the
City and County and in my opinion,
such provisions would be a proper
exercise by the City and County of
the Police Powers granted to it by
it's charter.
ENTITLED TO FREE SPACE
In addition to the payment by the
City and County of the sum of APP
proximately $500 to the Mutual Tele-
phone Company for the facilities,
which under the agreement of Aug
ust /, 1901, l believe the City and
County is entitled to, free of charge,
the Telephone Company desires the
City and County to exempt it
throughout the whole City and Coun-
ty, for the whole time covered by its
charter, from the permit fees for
which the Company would be liable
under the proposed Ordinance. Wheth-
err the Board of Supervisors desires
to do this is more a matter of policy
than a matter of law, and is a mat
ter that this Department is scarcely
in a position to advise The City and
County could, if the Board desired,
waive its legal rights and enter into
! a contract with the Mutual Telephone
Company which, if executed before
I the passage of the proposed Ordi-
nance, would probably not be effect
: ed BY the provisions of the Ordi-
nance. AS an equitable adjustment
of the matter, the Board might waive
it's claim to a free duct, and pay to
the Telephone Company the addi-
tional cost to which that Company
would be put in furnishing the facili-
ties required, at the same time in
sisting that the Mutual Telephone
Company, as well as all other per-
sons and corporations liable there
for, pay the permit fees required by
the Ordinance. The Board, too, might
in it's discretion enter into contract
with the Telephone Company waiv-
ing its right to a free duct and pro-
viding for the payment by the City
and County to the Telephone Com
pany of an annual rental fee for the
! facilities required based upon the
estimated additional cost to the
Company, plus a reasonable rate of
interest for the use of the capital
employed, while still requiring the
company to pay the permit fees the
same as others. AS stated above,
these are matters that rest in the dis
erection Of the Board, and the policy
to be adopted by the Board in the
matter does not call for legal advice
beyond that set out above. l would
Isugget that the matter can probably
be facilitated by reference to an zap
Ipropriate committee.