Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-01

1orQ, you can DO tnat.
i Olson: There is a provision in this
deed. stating that the Territory car
cenceI the deed, if the company
should permanently discontinue the
rights-of-way on lands.
| Fisher: | find here the proviso tC
which l suppose you refer. Is that the
kloyiso?
Olson: That is the proviso.
! Fisher: What authority is there II
the law for enforcing this provision?
! Olson: Well | don't know whether
there is any express provision on mat
or not; but it is intended TO mean the
: business of the Railroad Company as
a railroad Company.
Fisher: Now the proviso also says
that this property shall revert to the
Territory in case the railroad shall
pei manently discontinue such rights
OF way on lands. How would that be
determined do you think?
Olson: Well think there might be
some considerable difficulty possibly
I in determining the discontinuanCe I'M
Ger that language.
Fisher: What do you thing of that,
Governor,
Governor: I think it could be de-
ten mined by the Court.
Fisher: Well of course, this is
! land which is set aside on the theory
that you are going to take care Of
their somewhat remote future needs
and it will b ca long while before you
could prove permanent discontinuance
ithaca To
there no authority in the lay which
provides for a reservation of that
character
Governor: l don't know of any pro-
vision. But the ground is for specific
purposes. There is another provision
also in the deed reserving the right to
the Territory to put roads through
this tract and any other public utili-
ties of the public need. This is set
in the. paragraph preceding the para
graph just read
Fisher: Yes. The language is lex
cepting and reserving, however, all
rights-oEWay for all public roads, and
also all rights Of way for public roads,
pipe lines, telegraph and telephone
wires and for other public and quasi
public purposes, which the Superin::
tendent of Public Works, or his sue
cessor in authority, in and concerning,
ETC., etc"
Well, that is a pretty good reserva-
ton. 1t is better language than the
other one. -.
Olson: The date of the injury to
the Japanese children, referred to yes
terday, was July 8, 1910, which occur
red at the Wahiawa Trestle. I don't
believe Mr.. Dillingham; IS here this
morning, although he said he would
be. But that is the right date, as that
is the only case of similar character
that has happened. ....-s...
Fisher: We will assume that that
is the correct date. -. ~.
Ashford, + believe that is approx
mately correct, Mr.. Secretary. also
find in consulting with the Attorney
that the law, or act, was passed as a
result of the accident. .-~>rs.-
Fisher: Now is there anything
further. on the railroad question that
has not been covered? ..''..r
Governor: l might refer to the pre-
ference right granted to Senator
Brown, to which reference was made
at Hilo. 1t was claimed that I show
ed discrimination in favor of Senator
Brown. --.
Fisher: Yes or rather a willing
ness to grant such preferential right,
except where it interfered with the
plans.
Governor: Yes, that was it, stat
ed there that it. was two-foid pro-
position partly a matter of preferen-
tial right and partly matter of ex-
change. But is was solely preferen-
tan right matter. The matter of ex-
change was brought up several years
before that, but the Territory had
never made the exchange because
It felt that it might need the land for
public purposes at some time. The
map shows (here hands map to Secre-
tary) the location as around Reeds |
Bay. The other applicants for prefer |
ence rights were along the shore of
Reeds Bay on both sides. Their ap- |
plications were refused until it could |
be determined whether the coast on |
which they were situated would be re- |
luired for public purposes. Senator !
Browns lot, however. was inland.
Reeds Bay comes up to within about |
800 feet of the nearest portion of Sen |
ator Browns lot. The roadway about |
200 feet in width, including the rail
road right of way and wagon roads,
md this roadway was to be about 200 |
'eet inland from Senator Browns lot.
There is, as you will see on the map,
/ road between Senator Browns lot
md the Bay. Senator Browns lots in
10 way interfered with the roadway.
Ashford: Might ask the Governor
/ question at this time? Does the
statute allow discretion on the part of
lie Executive in granting preference
ights in Reeds Bay or similar waters?
Governor: The statute does not
make it obligatory on the Executive
q grant any one a preferential right;
t is entirely within the discretion of
be Executive. The provision in the
Organic Act is a blanket provision,
nd for that reason it would be unwise
n give nerSonS the absolute right