Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-08-29
ORDERED IOPAVE OR LOSE CHARTER
TRANSIT CO. IS TO CONTEST INCOURT|
Attorney General Quotes Law Declaring Corporation Has Not
er 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
IL more than one track be laid, ano
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 II the company has made no
Law Covering Action. IA
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 superintendent of public works
to comply Herewith, the superintend7,
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"
I'D till ten thirty this morning Man.
ager C. G. Ballentyne, 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, un-
der penalty of having proceedings
brought against it for the forfeiture
Of its franchise.
In the view of the law taken by the
manager, the government has a much
simpler remedy under the law tnan
the radical process of charter smash
ing-namely, to do the paving ltsel1
and present its bill.
Mr., BaIlentyne called attention TO
paragraph of section S3S-"Method
IF nstruction'-which, after direct
ing that the company's part OF the
having "shall be flush with the Streets,
and correspond with the paving or
macadamizing of the remaining por-
ton of said street" etc, says: Ike
nairs. when ordered by said superln-
tendent of public works, in writing
shall he made by the said association
and others within ten days or the
date of said order"
A subsequent section, S64, however
Mr.. Ballentyne pointed out, command
ed 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
ments by the Territory" mean
ing the municipality-"the SAID as
sociation and others shall conform TO
all such improvements, in the KIM |,
of pavement and manner of laying the
anne as directed by the superintend-
ent of public works.
I'm case of neglect by the said as
ISOLATION and others to make sucn re-
pairs, changes or improvements re.
1uired of it by this section, they shall
be made by the officers, servants and
amnloyees Of the Territory of Hawaii,
and the cost Of such repairs, changes
Or improvements may be recovered
nv the said Territory from the salo
association and others"