Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-03-20
PUBLIC UTILITIES BILLSN
PRESENT FORM ARE OPPOSED

4 Z.
tendent OF public works. Powers and
duties Of the minister OF the interior
which relate 10 streets and highways,
harbor improvements, wharves, land
ings. water works. railways. electric
! light and power, telephone lines etc,
! It'd The recent act of Congress,
approved Aug. L, 1912, ratifying the
! Hilo street railroad franchise, Con-
gress inserted the following in sec
s, not IN the act as passed in Hawaii;
| IL at any time there shall be consti-
i tuted by or with the authority Of the
/ Congress Of the United States public
utility board.for the regulation Of pub
lie utility corporations u the territory
hot Hawaii, the power OF making the
regulations given by this section shall
be vested in said board Act of leg
islature of Hawaii, Oh. &C. 1911.
Tel Tho recent legislation Of Con-
gress bringing the Hawaiian rail-
roads under the interstate commerce
act Railroads, therefore, could not
come under the act Acts OF June 30.
1906; June Is, 1910.
20 The provisions Of the acts
hereafter referred to.
I'll. Charters Which Are Contracts
and Not Subject to Change by
Legislation.
"(a) o. r. & l. Company Laws
of 1888, oh. g.. amended oh. 81, $780,
1892. Go; 1893, SO and s.; 1898. Al.
Exclusive franchise between certain
points; sec. SIP. revised laws Speed
regulation; sec. Sl4. Location APP
proved by the governor; see. SIS. Pow
er of eminent domain; Sec SIG. Rates.
Passenger rates fixed by charter
Traffic rates fixed by arbitration: secs.
SIG, ST. Right to mortgage its fran
chise; sec 834 All the rights given
by oh. Ga, sec. S33.
"(b) Honolulu Rapid Transit Laws
of 1898, oh. $40. Ratified, organic
act, Sec 70. Approved by the presi-
dent June 25, 1900. 30-ysar franchise.
Methods of construction and repairs
under control of the superintendent OF
public works; sees. 83S. 1884, Speed
fixed; sec. SAP. Rates OF fare fixed
and transfers regulated; sec. 843.
Rules and regulations for operation
and maintenance to be made by super
intendent of public works, with the
approval of the governor (Affirmed
Honolulu Rapid Transit e Land Co.
VS.. Hawaii, 21t U. s. 282) Charges
on income fixed; sec. S51. Enforcing
franchise committed to superintendent
of public works, with the approval Of
the governor; sec $40. Right to ac-
quire other similar franchises and to
consolidate with them; secs. 837, 848,
S49.
"(c) Mutual Telephone Co., Ltd !.
Fifty-year charter; Aug. Is, 1883. The
iect to the supervision of the minister
of the interior, or any person or body
succeeding to his powers or duties;
and subject to prosecution by the at
torney general If lines are a public
nuisance Power to erect, construct
and maintain additional lines and ex-
tensions whenever, in its opinion, the
public convenience requires; and COM
PEELED to do so when a subscriber for
every $50 feet of line for a period of
not less than one year at regular
rates shall apply. Also under the pro-
vision inserted in the electric light
revised laws, in connection with CHI.
So, which re-enacts eh. 45, act of 1874,
In reference to telegraph and tele-
phone lines. (d) Some of the tele-
phone companies and the Hilo Elee-
trio Light Company, which have char
tiers the exact terms of which are not
available. (e) Railroad companies
which have charters granted before
annexation and contracts under the
railroad act.
all. Congressional charters Which
Have Inconsistent Provisions.
"(a) Hawaiian Electric Light Co. of
1904. Rates fixed by the company I'M
der the act and controlled by the
courts; sec. SIS, revised laws. Regu-
lations to be made by the superintend-
ent of public works; sec. S79. Ex-
pense of connections and extension of
service regulated; secs. $40. ST. In
spection of the plant and the books,
and enforcing the provisions of the SUI
perintendent of public works; secs.
$50, 8S4. Power to mortgage and
bond; sec. SS3.
"(b) Honolulu Gas Co. Act of
April 81, 1904. Methods of construc-
ton and repair under control of SUI
perintendent of public works; sec.
500. Use of streets, roads and other
places for lighting subject to like APP
prevail; sec. S97. Establishes its own
rates within certain limits, subject to
control of courts; sec. 1893. Makes
own rules and regulations, excepting
that as to quality of the gas it is SUBJ
ject to reasonable control of superin-
tendent of public works, who also has
the right to inspect the books; sec.
900.
"(cJ Island Electric CO., Ltd, Wal
luku, Maui. Act of Feb. 6, 1909. BY
this act the charges are fixed by the
company, the court to determine their
reasonableness. There are other pro-
visions in regard to the use Of the
streets, but these are of an ambiguous
nature. There is similar act for
Lahaina, held by the Lahaina Ice Co.
I'D Pearl Harbor Traction Co.;
act of Aug. "a. 1912. Regulations for
the operation of part of the road are
subject to the approval of the secre-
e., ,f