Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-08-25
WHOLE ROAD FIGHT Hinges upon
Meaning OF REPAIRS in BILL

by heavy use and erosion, and that
pavement had been entirely destroy
ed, under the head of repairs. accord
ing to the theory of Mr. Whitehouse,
the county would be justified in build
ing an entirely new pavement. because
by so doing the street would be re-
stored to its original paved condition.
This Interpretation OF the word re
pairs" counsel continued, as used in
the 1915 statute, would practically
nullify the entire purpose OF the act,
since il would permit the city road
tent in altering and improving the
streets of the city that have at some
time in the past been paved. -
1.-The legislature has seen fit to
provide an assessment scheme for the
improvement of highways, prospect
i've of the question OF the policy of
such scheme" counsel declared.
This is not a Question for the courts
and there can be no reasonable doubt
that the theory on which the county
and its officials have proceeded with
the work complained of is in violation
of the plain spirit of the statute, and
the decree of the court should be in
conformity with the prayer of the pc
titioner, and an injunction ISSUE he
concluded. ....-.. -. -. .
cathcart Reviews Case. 49,. ~. :~.s
Attorney j. w. Cathcart, represent.
ing the respondents. opened his ar
gument with general review of the
testimony given by the witnesses call
ed by both sides. This was done,
counsel stated, with view. to show
ing the character of the work that
was done on the streets in question,
the condition of the streets prior to
the beginning of the work, and the
construction of the Queen street road
as originally undertaken in 1904 or
1905, before the laying of the railway
tracks. ~. ~. ...-. FL
Referring to the portion of Queen
street in question, counsel stated he
would endeavor to show that in 1904
or 1905 it was constructed with what
is known as water-bound macadam
pavement, that an official grade was
established on the street, and that it
was constructed according to that
grade. E......:.>..
Counsel argued that there was a
question as to whether a grade had
been established by the government
officials, and whether the pavement
which was laid onIthe street was in
conformity with that grade. No ques-
ton as to the validity of the survey
could arise, counsel claimed. The
evidence showed that there was no
established grade on the Beretania
street road section in question, he
added, while on Queen street the petit
toner claimed that the grade had
been changed. - 81
Actual Grade Raised. 49, II .#
THAT the actrRls grade has been
raised, not changed" Interrupted At
torney Olson.
I'VE say the road was built accord
ing to the established grade" retorted
Attorney Cathcart
Does the petitioner claim that when
we repair street We must not raise
it above its normal condition." Mr..
Cathcart added. sDoes the petitioner
claim that we cannot raise a street
to its original grade ?" -. ....... ~. -
As to reconstruction, whatever is
involved in change of grade means
change in the properly authorized
grade" he went on. -..=:~. ~.
Mr. Cathcart said that on the Bere-'
tania street section in question, no at,
tempt was made to establish a legal
grade. This road was laid out about
two years ago, and was constructed of
quarry rock. 1t had grade, said
counsel, and the work that was being
done on it by the city and county at
both ends was in conformity with that
grade -..*. -.~.> -==-. T..
AS all these streets in question