Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-06
Street PAVING
PROBLEM
Continued from Page y
A Ten Years Control.

The submission then states:
That the said bitulithic pavement IL
"a patented article of which the Btu
lithic Paving and Concrete Company,
Limited, have the exclusive control and
the right to use the same within the
Territory of Hawaii, and will have
such exclusive control and the right
to use the same for the life of the
patent. which Is for about ten years"
The superintendent OF public works
then notified the Rapid Transit COM
pany that II must lay bitulithic be-
, tween the rails except that on each
side of the rails there could be stone
or wooden blocks.
BY way OF answer the Rapid Tran
sit company asked the superintendent
II II could follow out some of the
other methods used by other COM
panies instead of putting down btu
, lithic.
The cost Of the Improvement under
either of the methods would be about
| $4,000. and II would he the part of
good. sound engineering judgment for
the Rapid Transit company to replace
with new ties and rails such ties and
rails as the life OF which Is now well
spent.
The questions In difference submit
ted to the court are:
"Q Docs the action of the mu-
nicipal authorities of the city and
county of Honolulu in the premises
create any obligation on the part of
the Honolulu Rapid Transit Il Land
co. which can be enforced under Sec
ton 80 of said act tsection S3S, Re-
vised Laws of Hawaii?
"C) Has the superintendent OF pub
lie works discretion as to the kind of
paving he shall direct the Honolulu
the premises? May he direct that 9TH
err kinds of pavement than used by the
city and county of Honolulu on said
street, be laid by the Honolulu Rapid
Transit K Land Co.?
"CD Has the Honolulu Rapid Tran
sit a. Land Co, by macadamizing. NJ
set forth, the portion of King street
referred TO, complied with the obliga'
ton OF its charter and the law to paw,
or macadamize as set forth in Section
4 of the act of July I. 1898 (Sectior
S3S, Revised Laws of Hawaii, so ~
to free II of any or all obligation Il
pave said portion OF said street In tn,
manner directed by the superintendent
of public works or In the manner II
which the remaining portion Of sale
street has been paved by the city anC
county of Honolulu?
20 Is IL reasonable Requirement
under the provisions of its charter an,
the law that the Honolulu Rapid Tran
sit a. Land Co. should be required Il
lay a paving OF the kind aforesaid un
der the conditions herein set forth?
90 IL II a reasonable requirement
under the provisions of its charter an'
the law, that the Honolulu Rapl'
Transit 4 Land Co. should be require,
to lay u paving of patented material
which they are obliged to maintain
and the furnishing of which is entire
ly under the control of the owner :. o
the patent?
go In view of the foregoing fact
and the law as set forth In Chapter &
of the Revised Laws and more par
ticularly in Sections S3s and S64 o
said chapter Is the Honolulu Rapi
Transit & Land co. Obliged to paw
the entire space between the outsid
rails and for one foot outside of tn
outer rails of its said tracks on Kin
street between the bridge over the Nh
uanu stream and Nuuanu street =
that such paving shall he flush wit
said street and correspond in materig
with the paving of the remaining por
ton of said street?
90 In view of said facts and law
Is the Honolulu Rapid Transit a Ian
Co, Obliged to comply with said no
ticc Of said superintendent of publ
works."