The Hawaiian gazette., 1914-08-07
TO PUT
. AN END TO
TRESPASS


- 80"
mission Tuesday in the matter ~ tres.
passers on their right Of way. Acting
Chairman }. N. S, Williams disavowed
that This was function Of the public
utilities commission.
Sheriff Rose, who was present, said
that he win station policeman on
the right Of way to see whether the
ffespaasing can be prevented. n this
docs not work, the matter will be con.
tidered BY the commission az 4 later
date
The folI0wing letter to the public
utilities commission from the law firm
of Frear Prosser Anderson & Marx
was read by the secretary:
Company Asks Protection.
Some time ago tho Oahu RAILWAY
4 Land COMPANY took up with your
Mr. Williams and Mr.. Gignoux the qiies-
ti0n as to the railroad right df way,
extending from the railroad depot past
the pihohbple factoriea being used CON
tinuonsly by persons IN said pineapple
factories employed as well as elsewhere,
FOR road. Travel on this railroad
right Of way by pedestrians Is forbid,
den by law and breaches Of the law
IN this regard are made punishable I'M
der Act l4l of the Laws Of 1911 by a
fine not exceeding ten dollars. This
use of the railroad right Of way has
continued for a long period Of time, in
spite Of warning notices required by
law cOnspieuously posted, and the rail
way company has done everything in
its power to prevent the use Of sich
right Of way by the public. Walking
thereon Is at all times dangerous, and
particularly dangerous at the times
when the employees Of the various pine
apple factories referred to use the said
right Of way
1.-THE railway company has hesitated
to ask the police department to make
arrests under the act hercinbefore ro-
ferred to, for the reason that the com
pany feared that taking such action
would be considered in the light Of per.
sdention by the company. Tho situa
tion, however has now become so seri
Gus that the company feels that I'M
order to safeguard the lives Of the
employees Of the pineapple factories and
others this law should be enforced and
arrests Hereunder should be made We
think that if your commission, after
having knowledge Of conditions as they
exist, would request the police depart
ment to enforce the law above referred
to, It would be done. BY taking this
means Of enforcing the law, the police
departmnt would have back Of Il the
public utilities commission, which would
he acting In snch enforcement, not on
behalf Of the Oahu Railway & Land
Company; but in au effort to save the
lives Of persons who insist upon using
the right Of way in question as a pub
lie road. OF course, tho railway com
pany is under no liability in 50 far as
civil suits are concerned IN the event
of injury to those persons, hut never
theless il feels that IL IL is possible TO
avoid accidents by the means suggest
81, or by any other means, it should
be done.
Deputy Attorney General leslie p
Scott was present on bohuIf OF tho Ter
fitory and Fred q smith and Geo. r
Dehison for the Railway Company.
Danger Is Pointed out.
: M. II. Prosser stated for the o. r., a
Il. Co. that this Intended action had
been undcf constellation for long
time. 'tSince the rev Libby, Mcneil
q Libby canncry has been built the
the railway right Of way has been
used as a foot-path by hundreds Of
people, he said HIt Is more
populops highway than King street
As n result the railway company has
been put TO IA great deal Of expense
and annoyance. There Is constant
stream - - rasscngers going back
and forth tween the two Factories
the Dole cannery and the Libby.
He told o. having seen women and
children crawling under freight
train standifr on siding, going from
one sidc of the track 60 the other
Also he gail that children play on the
tracks and sometimes ''aarc z the
engine or an approaching train 70 see
who can stay on the track tho long
est-and jump OF safely az the last
f
1t is not right for the public to
endanger their lisos BY walking on
orr right of way and the railway com
many officials 10 not. like it. Mr.
Prosser said. He referred 60 the law
as noted above and said he thought u
was the duty Of the public utilities
commission TO ash the sheriff to on.
force tho law Mr. Williams said that
while a law making trcspass on a rail.
road right Of way q mis1cineanor i
on the statute books, popular senti'
nent does not uphold its enforcement
Says Law Is Not Pope.ar,
tIf tile people do not back up
law that law is not good one, = he
said, Furthermore the public util.
titles commission has no police powers
and ! do not sen that II ~ our right
TO take action. He also asked what
tho O. n. " LEO. had done TO place
elective obstacles 10 prevent foot traf
fc along their roadbed He held that
the eonipany has not done all that It
might 10 ON its own behalf There
Is no street or road along the railway
tracks, The rajioad Is shortcut |
that aayos nhont four times tiie Tia
tanca between the two factories il the
public have 70 90 mp 70 KIM street
and around BIZ the highway.
George ~ Denison said Yes that