The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-02-09
'ROh|[STEADS
ON kAuAI.I0
GET RAILROAD
Governor Announces That
He VIII Grant Right,-,oI'fi,-
Way and Application For
4 Charter Will Be Maze
lFrom Sunday .Advertiser.)

Governor Pinkham has agreed to
grant right .of.way over the Lihue
and Kapaa homestead lands on Kauai
for the extension of the plantation
railroad systems Of these two planta-
tons 50 that they win tap the rich
pineapple and cane lands now being
cultivated by hor'esteaders.
Attorney Frank e. Thompson has
Notified the Governor that his clients
win apply 70 the incoming iegislature
or charter to establish railroad on
the east and southeast sides OF the
Island ,sof Kauai the ultimate destina,
ton and terminal of the railroad to be
1t Nawiliwih when suitao;e deep wa.
ter harbor shall be established AT this
point. The proposed railroad win con
meet with the government-owned rail.
way At Kapaa, says the Governor, at
such q point IS the government may
direct. sss sig,-..G,l'..
In a letter written TO Attorney
Thompson, made public yesterday, GOv.
ernor Pinkham lays down the policy
OF the administration in regard to flu.
Eture railroads. The letter is as follows;
Ad1inistration' Policy : *
.It 10 The intention Of the admins.
tration to, at the earliest possible mo.
ment, define its general policy toward
| chartered common carrier Transports.
ion companies. This policy will be ap
plicable to the purposes OF your ellen Is
who have indicated their intention to
at once apply to the legislature for a
charter to establish a railroad on the
east and northeast sides of the Island
Of Kauai specifying its ultimate des
tination and terminal shall be at the
harbor of Nawiliwii when a suitable
deep watr wharf shall there be estao
4 Iished.t q It Ii understood this railroad
shall connect with the government
owned railway at Kappa, where the
government may direct. J.
With Approval of the Governor
\" 1t will be the policy OF, the govern
lnlent to Fgrab a free Tight4of.way 0vei
all public lands subject to the approx
al of the Governor, as is now the run
Of the government.
"It will be the policy of the govern
ment, where any lands revert to tn,
government to grant or confirm an,
rights,of.way, provided they arc hrs
approved by the Governor. .
"It will be the policy of the govern
mentito eoptinuc'it its customary approx
al oflaplahtiDg agreemenss petweei
those termed. homesteaders and the mill
The railroad regard strictly as
common earricr under governmental ap
lproyal rates 70 be established withOu
discrimination.
Pending organization and charter
.he Governor, as controlled by law, will
grant a license on an agreed right Oh
way established on the above condi
tons. y,
Formal papers will be exchanged a
soon as possible to prepare.
} Attorney General TO the Rescue
Tho decision of the Governor was al
rived at only after he had received a
opinion from Attorney General Stain
back bearing on the powers and pre-
negatives of the chief executive In tn
premises. The Governor put the 70
lowing four questions up to the attol
uey general, in which he asked if h
had the authority:
l. Nrst-To, grant licenses for right
, of7way over public lands; secondly
make such grants exclusive rlgnts-OI
way; thirdly-To grant rights-of wa
over lands homestead but NOT patente,
land lastly--What, if any, laws restrai
the Governor from granting sue
rights of-way under licenses for a teri
of years or until certain specific eoI
I litions may, be complied withR
The opinion of the attorney generi
II the Territory, based on these quei
ions, in part, is as follows:
lights Of Way May Be Granted
4 "First-The commissioner OF publ
lands, by and with the authority of tn
'cyernor. has general power to leas,
sell or otherwise dispose of public LAND
and other property, in such manner 6
he may deem best for the protection {
! agriculture and the general welfare {
! Eue Territory Section 25g, Revise
avs, . -
"The Organic Act now contains
revision Whereby the commission
lay, with the approval of the Ian
, GARD, sell government lands for the I,
! alton Of rights of way, etc. Sectio
, 3, Organic Act as amended. Havin
he specific power to sell for such pu
oses and the general power of dispo
4 /
ut that such rights of way may /
ranted in the form of easements {
licenses as well as by actual sales {
eases. y.
Rights Not Exclusive
Second-The question of wheth,
UGH rights of way may he exclusi,
ais for consideration of what IL
ERIN exclusive is intended to mean.
reat many rights of way must nere
arily be exclusive in one sense of Il
word; for example, grant of rigl
{ wav for a ditch would, necessary
ne exclusive in that it would be phys
ally impossible for the land actual
, occupied by the ditch TO be used |
Ithers, for similar purposes; in the san
yay, a right ,oR way for rsilroi
might be exclusive, in that it could u
Ne used for tae same purposes !
,thers, hut II the word exclusive
,sed in the sense that 1t is a gra
which will prohibit the granting Of
fright OF way parallel to or across