The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-11-05
COMPANY IS
INSTALLING DUCT.
WILL BE IN WHEN WANTED
Ready to Serve Public as Soon
as the Public Wish to
Be Served.
lFrom Wednesday Advertlser.)

prom Wednesday Advertser.)
"There seems to be still some mis-
understanding among certain of the
public of Honolulu as to the exact posi-
ton of the telephone company in its
manner of proceeding to work to lay
the conduit in the public Streets said
A. Lewis Jr,, attorney for the company,
yesterday. The impression conveyed is
that the telephone company is proceed
ing in violation of the law or as though
above the law. In order to correct this
impression it should be stated that Or
dinance No. 10, approved by the Mayor
on October %, 1909, has forced the com
pany from legal standpoint to proceed
as it is at present.
"'Section of the ordinance provides
that in ease any corporation desires to
dig up or disturb the public highways
for the purpose of laying underground
wires for any telephone system, the
application for permit so to do shall
be made direct to the board of super.
visors, and as condition to the grant
ing of such permit, the board of super.
visors has the right to require such
corporation to furnish the city and
place in position, conduit facilities for
the laying underground of the wires
of the police telegraph and fire alarm
systems of the city. In other words,
the telephone company, in making its
application. must agree that it will fur
nish a conduit free of charge to the
city. 1t cannot make an application
without being bound by such an agree
ment.
Gas n consequence, the company has
been forced into the position of pro-
ceeding without making any application.
This application it was willing to
make by the agreement which was re.
Gently presented to the board, irrespec-
tive of its legal rights in the premises.
II cannot now, however, since the pas.
sage of the ordinance, make such appli-
cation without having its franchise or
license burdened with the cost of the
duct. Should it appear therefore that
it is proceeding without consulting the
county officials, it is not through any
lack of courtesy to those officials, but
solely and only for the reason that it
is forced into the position which it is
now taking, by the provisions of the
ordinance.
Gin other words, the board of super.
visors are endeavoring to force an in.
voluntary contractual obligation upon
the telephone company and at the same
time to exact revenue or levy a tax
in the guise of regulation.
"The ordinance, if it be valid will
force the company to contribute to the
city in the neighborhood of $4,000 worth
of labor and material which sum the
city would be compelled to pay if it
went into the open market, called for
bids, and had the same work done by
private contract.
Notwithstanding the change of front
of the board of supervisors after once
adopting the road committee s report,
the telephone company, facing the sit
nation where it was compelled to pro-
coed with its work in order to satisfy
the popular demand for a new system,
has deemed it advisable, nevertheless
to install, and by the vote of its board
of directors, has decided to INSTALL an
extra duct in its underground system
which duct, it believes, the city will
sooner or later require for its wires.
"The company believes that it is
best serving the interests of the public
as whole by providing for these facil.
tiles at this time, thereby not only keep.
ing faith with the public as to suita.
bic facilities for its own system. but
also in providing the same facilities
for the use of the body polite or gov.
eminent of the city when it desires
TO make use of such facilities
''In other words, if at any time, the
people of the city deem it advisable
for their best interests that the police
telegraph and fire alarm systems should
be placed underground, thereby insur
ing the best efficiency for that i'm
portant branch of the police and fire
departments, the facilities will be avail
able and at much less cost To the city
than If il should endeavor to let Out
the work by independent contract.
at is believed that some of tn,
supervisors did not thoroughly under
stand the situation when they declared
negotiations at an end when the agree
nent was before them and that soone
or later when the occasion requires it
new and independent negotiations cal
be entered into for the use of this extri
duet either with the present board o.
supervisors or with their successors
should they deem il in the best in
tercsts Of the city and county 80 I,
do. -