The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-01-26
MAJORITY IS
NOT SUSPICIOUS
Mccarthy, Wakefield and Berndt
Issue Statement in Re the
HiIo Wharf Row.


An explanation of their attitude re-
garding the proposed Hilo wharf agree
ment with the Hilo railroad has been
prepared for publication by the three
members of the board of harbor com
missioners who are supposed to be in
opposition to the railroad company,
Messrs. Wakefield, Mccarthy and
Berndt. Their presentation of the
case is as follows:
"The appropriation bill passed by
the last legislature provided the sum of
100000 for the purpose of constructing
a wharf at Hilo, but with the condition
that the Hilo Railroad Company enter
ed into an agreement satisfactory to
the harbor commissioners to extend its
railroad to such wharf, and thereafter
operate it to such wharf as a common
carrier for a term of not less than ten
years.
Should Be Speedy.
"The position of the majority of the
members of the harbor commissioners
is that this work be handled as speed
lily as possible.
"That a wharf be built that will at
all times be under the absolute and
complete control of the board of har-
Dor commissioners.
All Carriers Equal.
"That all common or other land car
riers be given the opportunity to oper-
ate to and from said wharf on an
equitable basis.
"That all common sea carriers be
given the opportunity to operate to and
from said wharf on an equitable basis.
"That the necessary agreement or
contract between the Hilo Railway
Company and the government be strict
ly limited to the requirements laid
down by the legislature, viz: the gov
ernment agreeing to construct and
maintain wharf providing the Hilo
Railroad Company agree to operate to
and from it as common carriers for
the period Of ten years.
Clean Gut.
sThe majority of the board Of har
Dor commissioners regard this contract
as a clean-cut proposition, entirely
to any rules or regulations that the
board of harbor commissioners, or its
successors, may make, now or at any
future time, to govern the business
over the wharf.
"Several of the members Of the
board of harbor commissioners have
sought legal advice on this controversy,
and they are uniformly advised by
several competent attorneys that they
have no legal right to bind themselves
and their successors as to rules and
regulations by contract, or otherwise,
for any definite period or term.
"The board Of barbor commissioners
have submitted to the Hilo Railway
Company form of contract based ON
the above named lines. They have also
adopted some sixteen regulations and
rules for the control of said wharf.
They recognize, however, the difficulty
Of framing equitably, rules and regu-
lations covering conditions that are
fully eighteen months in the future,
and to cover this they offered, at the
last meeting, to cancel any one or all
of the adopted rules that might appear
in any sense unfair to the Hilo Rail
way Company, or any other party, and
frame rules covering any disputed
points after the wharf has actually
been in practical work for period of
six months.
straining Every Nerve.
SIN response to this clean-eut posi-
tion of the board of harbor commits
sioners on the vital points at issue, the
HiIO Railroad Company, through its
manager, have abandoned, after two
attempts, their direct efforts to secure
absolute control of the wharf by the
combination of contract and
which they submitted and
are now straining every nerve to in
ject into the contract submitted by the
board of harbor commissioners, words
that would make the rules and regula
tioHS part of the contract, or, at any
rate, worded sufficiently clear so as to
bring legally the two instruments to-
gether, one to lean on the other.
1.-THE majority of the board of har-
Dor commissioners regard this attitude |
Of the railroad company on this vital
point as absolutely wrong, and as a |
position that can not be met by any |
as the principle of the con-
troll is at stake; and it is sure con-
clusion that the majority of the board |
of harbor commissioners will not know
ingly surrender their rights of control
Of any and all public wharves to any
firm or individual, however
powerful or influential they may be.
Not Suspicious.
cit has been suggested that the ma
jority of the beard of harbor COM
M
road Company with an unnecessary
tions are wholly unwarranted. It is
very true the majority of the board of |
harbor commissioners have approach
ed the Hilo wharf proposition with a
great deal of care, and have given the
matter much study, but as about
quarter of million dollars of public
nancy will he invaqtad in kb;p aukar