Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-08-29

With Attorney General Alex. Lind
say declaring that the Rapid Transit
has not a leg to stand upon" in the
paving controversy, and Superintend
ent Ballentyne Of the company assert
ing that the supervisors and the gov.
eminent officials are not acting in the
best interests of the Territory and Ho.
nolulu, and with the service on Super.
intendent Ballentyne today of a for,
NAL notice ordering the Rapid Transit
to proceed within ten days to pave be.
tween its tracks with .bitulithic, the
whole affair now promises to go be-
fore the Supreme Court of the United
States. :, II.
This means that the question will
not be definitely decided for many
months, or possibly for years.
The notice to be served on the
Rapid Transit today is not manda-
mus proceeding" said the Attorney
General this morning. 1T is warn
ing of q proceeding for forfeiture OF
the coinpany's franchise unless the
!, conditions outlined by the Territory
are complied with. The statute is
quite plain on that point, and the com
pany has not leg to stand upon. The
supreme Court OF the Territory yir.
tually decided that much in its recent
decision on a submission of agreed
facts .J ~
Superintendent Ballentyne, on the
other hand, charges that the Territory
is taking the longest road around to
attain certain definite end--rfamely,
the installation of satisfactory pave
ment. He quotes a clause of the com.
pany's charter to prove it, showing
that when the company fails to do
such paving the government may lay
it and assess the expense against the
company. 49, .- - r.
Notice to Company. e. =
The notice formally drawn by the
Attorney General and sent to the COM
pany under the signature of Marston
Campbell, superintendent of public
works, is as follows:
Gentlemen The portion of
King street between the sidewalks
and one foot outside of the outer
rails OF your tracks in the City
and County of Honolulu, extend
ing from Nuuanu street to the
bridge over Nuuanu stream, hav-'
ing been paved with bitulithics
pavement OF two inches in depth
over a concrete foundation, notice
is hereby given you, in accordance
with the law applicable thereto I
and particularly the law as set
forth in Chapter Sc of the Re-
vised Laws of Hawaii, to pave
with similar material and in SIM
ne
street occupied by your tracks and
one foot outside of the outer rails
thereof, said paving to be flush
with said street and to correspond
with the paving of said remaining
portion of said street
You are further notifiedsthat in
case of your failure to comply
with this notice within ten days
from date, or to give, within said
ten days, satisfactory assurances
that you will comply with this
notice within a reasonable time,
proceedings will be instituted be-
tore the proper tribunal to have
the franchise now held by you
and all rights and privileges
granted thereunder forfeited and
declared null and void
High Court to Decide.
superintendent Ballentyne declares
the case will be carried up to the
highest tribunal, and that the COM
Dany will make no move to do the
paving between its tracks until the de-
.ision of the United States Supreme
Court is given. At the same time he
avs that an order has been placed
With the Hawaiian Development Com
,any for otia blocks for King street,
md that these will be ready for use
Is soon as the suit is settled. The
,hia blocks are the material that the
company has been wanting to use. but
which the city and county supervisors
ave objected to.
The Attorney General will base his
ide of the case on Sections Nos. 83S
nd $40 of the Revised Statutes of the ,
territory. Section No. S3S, paragraph ;
!. reads in part as follows: I
Said association, whenever the {
treets are paved or macadamized,