Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-08-29
ORDERED IOPAVE OR LOSE CHARTER
'IRANSITC0. IS TO CONTEST IN COURT
Attorney General Quotes Law Declaring Corporation Has Not
LEG to Stand On Balentyne Comes Back with Anot1-
err Extract from Statute and Promises LITIGATION

shall pave or macadamize the entire
space between their tracks, or between
the outside rails of the double tracks
II more than one track be laid, and
for one foot outside the outer rails,
and such paving or macadamizing
shall be flush with the streets and
correspond with the paving or macad-
amizing of the remaining portion of
said street: and shall be, SO laid that
the rails shall be flush with the
streets. And the said association and
Others shall keep their tracks and
their portion of all the streets in good
repair. such repair when made to be
approved by the Superintendent OF
Public Works Repairs, when order.
ed by said superintendent of Public
Works, in writing, shall be made by
said association and others within ten
days of the date of said order"
The order mentioned above is the
order that was served on the company
by the superintendent of public works
today, and the action for forfeiture
will be started after ten days have
elapsed If the company has made no
move to obey the order.
Law Covering Action.
Section $40 contains the, provision
regarding the forfeiture of the fran
chise, and reads as follows:
whenever said Association - re-
fuses to do or fails to do or perform
or carry out or comply with any act
required to be done under the pro-
visions of this chapter and shall con-
tinue so to refuse after due notice
by the superintenden of public works
to comply Herewith, the superintend-
ent OF public works shall, with the
consent of the, Governor cause pro-
ceedings to be instituted before the
proper tribunal to have the franchise
granted by this chapter and all rights
and privileges granted hereunder, for
feited and declared null and void.
Up till ten thirty this morning Man
ager G. G. BalIentyne, of the Rapid
Transit Company, had not received
the reported notice from the. Terrific
rial Government, commanding the
company forthwith to pave King
street with bitulithic where the coun-
ty had laid that kind of pavement, I'M
der penalty of having proceedings
brought. against it for the forfeiture
Of it's franchise HILL.
In the view of the law taken by the |
manager, the government has much |
simpler remedy under the law than
the radical process of charter smash
ingnamely, to do the paving itself |
and present its bill.
Mr.. BalIentyne called attention to |
8 of section S3S Method
of CONSTRUCTION" which, after direct
ing that the company's part OF the
having shall be flush with the streets,
and correspond with the paving or
of the remaining por-
ion of said street" etc, says: Re
nairs. when orderedSby said superin-
tendent of public works, in writing,
shall be made by the said ASSOCIATION
and others within ten days OF |he
late of said order"
subsequent section, S64, however,
Mr.. BalIentyne pointed out, Command
ID the Territory of Hawaii to do the
work in the case of neglect by the
company to do it. This section says:
"And in all cases Of street improve
uents by the Territory"-noW mean
NO the municipality-'then said as
,ociation and others shall conform TO
IN such improvements, in the KIND
# pavement and manner of laying the
anne as directed by the superlntend
mt of public works.
In case OF neglect by the said as
collation. and others to make such re-
airs, changes or Improvements re,
uired of it by this section; they shall
e made by the officers, servants and
mployees of the Territory Of Hawaii
nd the cost of such repairs, changes
r improvements may be recovered |
v the said Territory from the SAID
ssociation and others. {
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