Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-03-05
ARGUE
Eminent DOMAIN
AND FRANCHISES
Oahu Solons Hear Discussion
of Three, important Public
Utilities Measures

p
Three senate measures, proposing
| eminent domain power for public sery-
ice corporations and extension OF the
franchises of the gas and electric COM
panies of Honolulu to cover the island
Of Oahu were discussed at some length
In public meeting of the senate's
Oahu committee at the chamber of
the upper house yesterday evening.
Amendments were proposed for all
three bills, but as a result of the hear
ing it is apparent that all will be re-
ported favorably by the committee.
Senate bill No. IL, proposing the grant
ing of the right Of eminent domain,
originally proposed the power for cleo
trio companies only. This will come
out of committee amended so as &c
make the privilege more general, for
the benefit of public corporations of
all classes but stipHlating that they
shall be concerns holding franchises
within the meaning of the public util-
ity law, so that they shall be under
the control of the public utility COM
mission ..ts
Franchise Bills Amended.
The two franchise extension bills
will be so amended that they will be
in effect only If Congress approves
them before certain fixed date two
years hence. In case Congress has not
given them consideration and ap
proved them by that time the legis-
lature of 1917 win thus be able to
take mp the subject again and enact
new statutes, which can be put before
the national lawmaking body at once.
c. r. HemeRWay, representing the
Legislative committee of the Chamber
.of Commerce, informed the senatorial
committee that the business mems or
ganization approved the eminent do.
main and electric franchise proposals,
and said that while the gas company
franchise measure had not yet re-
eeived consideration he was convinced
the chamber would approve it like
wise. AzA - 5.s%. ,..-.>1-,-
Chairman A. L. Castle Of the Oahu
committee suggested the amendment
making the power Of eminent domain
general among public service ccmpa-
nies, hiit limiting 1t to such concerns.
He said the right to- condemn private
property for rights.of-way should not
be granted companies whose business
is rather restricted to private pur
poses, as for instance certain planta'
tons which erect electric power lines
for the conduct Of their own business,
Senator ,Metzger, wanted to know
why this measure, Hike the franchise
bills, should not go TO Congress for
its approval Attorney HemenWay ex
planned that Congress under Hawafi's
organic act does not demand such su
peryision in the matter Of Legislation
which is not IN the nature of a special
franchise. Extension of franchise
amounts to a special franchise, he
said, but the right of eminent do
main is not In that category. D. L.
wilmington added that when right
of this kind Is given to all corpora
lions 1t is hardly q special franchise
Gas Bill in Same Glass.
There was little discussion on the
gas bill, the sentiment being that it
follows the same line as the electric
franchise extension measure and that
if the onesis to be approved the other
deserves similar action. The two prob
ably will therefore become twins, NOV
ing along legislative channels side by
side
Senator Metzger wanted to know 4
any other concern in Honolulu is seek
ing an electric franchise, He reeaIl,
ed, he said, that application for an
other was made IN the final days OF
the 1918 session and that the principal
argument against it then was that
there was hardly room for second
concern on Oahu. 1Wirtz inquired why
the franchise Of the Hawaiian Electric
had been limited by Congress when
the original was granted, restricting
the company Is 0neration TO the city
Of Honolulu. Attorney r. w Breck
ems, representing the company, ex
planned that at that time the Oahu
RAILWAY & Land Company opposed the
extension TO cover the entire island.
The franchise permits the company to-
sell power as weH as light. That op-
position does not exist today, said
Breckons.
Senator Coke arose TO praise the re.
cent conduct of the Hawaiian Electric
Company. II the conditions were SIM
liar today to those In existence two
years ago, he declared. he might OPP
nose the extension; but the company
has shown since the change IN con
troll and management . spirit OF fair
ness that commended it to the public.
IN.