The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-05-02
Attorneys For Public Utilities
Commission and Corporation.
Prepare Suggested Amend
E rnents1 Which Are Accepted
PUBLIC DISCUSSION .4l.
'r"v' NOW TO BE ASKED
Committee From Board Of Super
vlsors Named Too Late 10
Take Part In, Preliminary Ac,.
ceptahce Of Proposed Charter

A complete draft of the proposed
amendments to the charter of the Ho.
nOlulu Rapid Transit & Land Company,
prepared by Senator James l.. Coke, at,
torney of the public utilities commits
sion, and Senator Alfred L. Castl, a.
tOrney of the company, was finished
yesterday and submitted at meet!
ing held in the morning by the public
utilities commission, there being pre-.
sent at this meeting Chairman Charles
r. Forbes and Commissioner Alexis J
Gignoux, in addition to Attorney Coke
and Clerk Sullivan. Commission
J. N. 8. Williams is absent in the Is.
land of Hawaii! -. Z.
After a thorough reading of the
draft Of the amendments, the commits
sion decided TO submit the whole mat.
ter to a public meeting, which VIII be
held at seventhirty next Tuesday night
in the senate chamber Capitol, for dis
cussion and endorsement.
Under the amendments, it is proposed
to place the Honolulu Rapid Transit
& Land Company entirely under the
jurisdiction of the public utilities com.
mission, which shall have the approval
of, among other things, extensions
over new roads, streets and highways
and compel the company to serve the
public in the manner demanded through
court proceedings brought in the name
Of the commission, if5 necessary.
Legislature Has Power
The charter of the company shall be
an indetertninate one and it may be
cancelled by congress or by the terri
tOrial legislature, with the approval of
congress, at any time. Neither shall
the franchise be an exclusive one.
Two and one-half per cent of the
gross, earnings Of the company derived
from its transportation system shall
be paid annually to the city govern
ment. This shall constitute a first
charge on the revenue of the con" any.
The amended charter shall become
operative after its approval by con.
Gress only when the company shall no
tify the Governor of the Territory that
1t has been accepted by the no deTs of
majority of it's stock The amended
charter may be submitted to the ter,
ritorial legislature which will meet the
third Wednesday of February of next
year, but, more likely, it will be intro.
dueed in congress before that time for
approval and it is believed that it will
become law before congress adjourns,
probably next August.
Proposed Amendments
The draft of the proposed amend
ments, as prepared by counsel for the
public utilities commission and the
company, is as follows
Section l. That Act 50 and Act 70
of the Laws Of Hawaii of 1898 (Chap
ter "a, Revised Laws of Hawaii, 1850
are hereby amended as follows:
Add to Section of said Act 90 (Sec
76s, Il. l.. of Hawaii, 1879:
Corporation shall refer to and
mean the Honolulu Rapid Transit &
Land Company and its SUCCESSORS and
assigns and the holder of the fran h ;se
granted by said Act 90 as amended:
Political Division shall refer to and
mean the City and County of Honolulu,
or such other political division of the
Territory of Hawaii as may be desig
mated by the Legislature of Hawaii. >
Wherever the words "GoYeInor, -
- Executive Council, =, "Minister of
INTERIOR Superintendent of Public
works. shall appear in said Acts 50
and 10 of the Laws of Hawaii, 1898
the same shall he stricken out, and the
words "PubHc Utilities Commission OF
Hawaii shall he inserted in lieu there
OF. The words Republic of Hawaii"
or '"Republie, wherever the same
shall appear in said Act 90 aud Act 70
of the Laws of Hawaii of 1893 (Chap-
ter "a, X. l.. of Hawaii, 1879, shall
be stricken out. and the words "Ter.
ritory of Hawai-" -or "Territorv," as
the context shalt require, shall be in.
serted in lieu thereof.
Indeterminate Right
Section Q. That Section . of said
Act SO (Sec 100, R. l.. Of Hawaii, 1879
is hereby amended to read az follows:
''Section g. The right is hereby
granted to the Honolulu Rapid Transit
Land Company, an Hawaiian cOTp0r-
atlonJ and to its successors and assigns,
to construct, lay down, maintain and
operate railway. either single or
double tract, or partly single ana part
~ double, with such curves, switches
turnOuts, poles, wires, underground or
overhead couduits, and such o.hrr ap.
ldiancrf and appurtSnances as may
from time to time lie necessary for thr
use and operation thereof, alrng and
upon such streets, roads and places in
the District of Honolulu upon the Is
land of Oahu, Territory of Hawaii, as
are now occupied by the railway Of
said company, and along and upon such
other streets, roals and places within
said District of Honolulu as NAV be
. I,kF L. Oh
mrsiOn Of Hawsii, after investigation
by such Commission and n public hear,
Inv had thereon by sail Commission "
Se"tiOn 3. That the first subdivision
of ScelioH'3 Of said Act 90 (Sec. Nv,