Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-03-21

AGAINST BILLS
Attorneys Appear to Voice OBJ
lectlonS 10 Pending House
Measures.

InTee House DIS aHeCUnE corpora
lions particularly were up for discus,
sion at public hearing called yes
terday afternoon by the House Judi.
ciary committee, and the hearing
brought out number of corporation
attorneys determined to slaughter the
measures forthwith.
Against an array of Honolulu's legdI
talent appeared only Attorney C. w
Ashford, who spoke on behalf of two
of the bills, the third having no spon-
no whatever. No decision was reach
ed by the committee, which will DELHI
crate over the arguments made and
announce its conclusions in the form
of a report to the House.
The three bills were H. B. No. So
relating to the issuance of writs of
quo warranto, H. B. So, which is an
employers liability act, and II. B.
1874, which gives the Board of Super
visors power to regulate and fix the
rates of public service corporations.
writ of quo warranto, shOrn of
technical terms, is simply writ call
ing for an inquiry into the powers of
public service corporations and 9TH
ers. and may be particularly directed
as an investigation of rights under
franchises. The corporation lawyers
one and all lined up against this bill
and the discussion of it also brought
out Manager G. G. Ballentyne of the
Rapid Transit Company and W. r.
Castle, The attorneys who spoke were
G. II. Oleson, of Holmes, Stanley &
Olson, c. R. Hemenway and r. B.
Anderson, of Kinney, Ballou, Prosser
& Anderson.
Say Bill Too Liberal.
The bill amends the present law,
putting the issuance of such writs in
the jurisdiction of circuit judges in
stead of the encouragement. The
lawyers attacked the bill on the
ground that it put power in the hands
of irresponsible persons, could be
used to harass corporations and that
previous experience has not justified
the change from the encouragement
to circuit judges. All of the attor-
neys took the same line of argument.
Ashford, made hot argument for
the bill, declaring that he had applied
to the attorney-general in the past
for a writ of quo warranto to investi-
gate the Rapid Transit Company and
had been refused, applied also to the
governor and was refused and then
appealed to President Taft. "Yester-
day | received letter from the sec-
rotary of the interior in answer to my
letter to the president in which it is
stated that whereas the statutes Of
the Territory of Hawaii give unlimit-
ed discretion in such matters to the
encouragement, the president can
not afford relief stated Ashford, and
went on to argue that the attorney
general can tie up needed action by
simply refusing to issue the writ.
A Lively Moment.
The hearing was long and tedious
and just once it became lively. That
was when Representative Sheldon,
who had been listening interestedly
to the learned addresses of the legal
arose and, turning to Man
ager Ballentyne, said solemnly:
I'VE have heard great deal of the
Rapid Transit Company living up to
its franchise. | should like to ask Mr..
Ballentyne, does it ever exceed the
terms of the franchise?"
Ballentyne jumped up and said: at
has never knowingly done So"
knowingly, repeated Sheldon
humorously. Does it do so unknown
ingly?'
Here Ashford saw a chance and
leaped at it.
81 should like to ask" he cried,
looking at Ballentyne, have you a
franchise to go down South street?
If so, when did you get it and where
is it?'
Its In our charter" Ballentyne re-
torted, "and what's more I'll tell these
gentlemen what the name of your
client Is that is behind all this"
go ahead" Ashford shouted, but
Chairman Castle broke in and put the
soft pedal on the pilikia by calling for
discussion on the next bill.
Towse Shelves Bill.
This was the bill introduced by
Towse, giving public service commits
sion powers to supervisors. Nobody
appeared in its behalf and Towse
himself got out from under quickly.
81 should suggest chloroform or cold
storage for this for two or four or
six years, he said, and 1t was dropped
with dull thud.
The employers liability bill next
came up. The corporation attorneys
formed solid phalanx against it and
Ashford fought for it. 1t was con-
demned as being too extreme, uncon-
stitutional detrimental to the best
businesses of the Territory and other
arguments of the same nature. 1t was
declared that 1t places no limitation on
the negligence of the employe. Ash
ford spoke for it as being along the
most advanced lines. Let Hawaii be
up with the front rank for once in
enacting laws" he said.
Attorney Lindsay was pre-
sent but took no part in the discus
sion, aside from refusing to take Ell
Their side on the discussion over the