Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-04-04
FRANCHISE
HARMONY
NEAR
New Bill Agreed To in Principle
and Details Expected to Be
Approved Soon

The fourth of the series of Rapid
the bin upon which the corporation
and governor Frear have come to q
compromise and which is also In.
dorsed In principle by the Merchants
Association.
This bill was discussed last night
:. at the public hearing in the capitol
and assent to its principles was given
by Governor Frear, President Peck,
Attorney. Wilmington, w. r. Castle
and Richard Ivers of the Rapid Tran.
sit company, and Attorney Charles R..
Hemenway, representating the Mer.
chants Association.
The bill was drafted by the gov
ernor, Mr.. Hemenway and Mr.. Ivers
after several conferences and repre-
sents a compromise OF various i'm
portant points. The question OF
whether or not anything is now oWr
Ing the territory from the company
has been waived for the purposes Of
reaching ah agreement. The ques.
tions OF financial operations in, the
past have been waived and the bill
represents q safeguard for the future
of Honolulu.
Governor Frear this morning ex-
pressed the hope that within a short
time the minor points Of detail viii
be agreed to and that the latest bill
can be enacted into law just about as
Il was presented last night.
The new bill IS as follows:
An ~ paloftv40 ~, fha rtronahse,, -.
tpe Honolulu Rapid Transit and
Land Company, Extending Such
franchise and Otherwise Amending
the Laws Relating Thereto.
Section /. That the term of the
franchise granted by act SO of the.
laws OF Hawaii of 1893 (chapter Sc Of
the revised laws of Hawaii) is here
by extended to July 1, 1850, and the
area within which said franchise may
be exercised Is hereby extended to IN
clude the land Of Halawa in the dis.
trict Of Eva, subject, however, to-
the terms, conditions and restrictions
contained In said act and all amend
rnents thereof.
Section q That section 2 Of said
act So lsecfion $50 of said revised
laws) is hereby amended by adding
thereto the following subdivision:
~. Additions, extensions and i'm
prOvements OF the railway and the
equipment and works connected there
with shall be made or acquired by
said corporation and, when so made
or acquired or made or furnished by
others, shall thereafter be maintained
and operated by It, whenever, after
notice and an opportunity to be heard,
1t shall be directed so to do by COM
mission consisting of the governor
the secretary and the chief justice of
the territory, the first circuit Judge
of the first circuit and the mayor or
other chief executive officer of the
City and County of Honolulu or its
successor, or by any public utility
commission or other commission ap-
pointed as provided in section so of
the organic act of the Territory of
Hawaii that may be authorized by the
legislature to act Ia the matter in
stead of said commission herein Gre
ated, and increases, changes and i'm
provements in, the service to be
rendered by said corporation shall
likewise be made by il when directed
so to do by said commission; pro
vided, that said commission shall
not so direct unless in its opinion the
earnings of said corporation, when
maintaining and operating such ad
ditions, extensions, increases, changes
and improvements together with the
remainder of its railway system and
service, will be sufficient for the rea-
sonable expenses of maintenance and
operation, sinking funds, dividends of
eight per cent per annum on the is
sued stock, and the cash basis fund,
as provided in the first five sub
divisions of section IL of this act as
amended; and likewise, If it shall ap-
pear after a trial for reasonable
period that said earnings are insuf-
ficient for such purposes, after any
such directed additions, extensions,
increases, changes or improvements
shall have been made, said commits
sion shall permit said corporation to
cease the maintenance and operation
of such portion thereof as may be
necessary in order to make such earn
ings sufficient for such purposes.
Any additions, extensions, increases,