Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-10-27
RAPID TRANSIT'S
PLAN WOULD tie
up C|TY--BROWN
, Stand Taken BY Deputies Car
den and CriSty Upheld in
Emphatic Statement BY City
Attorney
NO DELAY NECESSARY,
HE SAYS IN STATEMENT 7

Moved Its Track, the Board
of Supervisors and the Sup
erintendent of Public Works
will"
Betrayal of the city's rights" will
be the result If the supervisors pass
a resolution appropriating money to
help pay the expenses of the Rapid
Transit Company in relocating its
tracks on Kalakaua avenue, according
to the emphatic opinion Of the city
attorneys office, and that office is
determined to stand by its guns. ~
City Attorney Brown backs up his
assistants, Deputies Cristy and Car
den, in the protest they have already
made against the supervisors passing
such a resolution. In a. comprehen-
sive statement to the Star-Bulletin
today the city attorney declares not
only that the supervisors cannot right
fully pass the proposed resolution. but
that there is no necessity for delay IL
the appropriation is not made. He also
charges that the Rapid Transit wants
some act by the city which will tie
It's tlUG city 81 lOT oil llIilS-
His statement, in the form of let
ter 10 the editor. is as follows:
Honolulu. October %, 1916.
The Editor Of the Star-Bulletin, Ho-
nolulu.
Dear Sir: In an editosial i'm the
Star23nIletiR OF OetsbeT 26,-19l6. ,yosf..
as editor of the paper, state that you
and the public want to know what is
blocking progress on Kalakaua ave-
nue..
As city and county attorney take
pleasure in explaining the precise
stand of this office and the reasons
therefor, and | request that you give
the same amount of publicity to this
communication as has been given in
reporting the attitude of the Rapid
Transit Company.
1T is conceded that public interests
demand the moving of the Rapid Tran
sit tracks to the center of Kalakaua
avenue to conform to the contemplat-
ed improvement OF that avenue by the
city. The permanent reconstruction
OF Kalakaua avenue is only the be
ginning OF similar reconstruction OF
main thoroughfares throughout the
city. As on Kalakaua avenue the
tracks of the Rapid Transit Company
are on the side of the street, on King
street, throughout Kaimuli and at
Palama, shutting off entirely each
property owner on that side of the
street from reasonable access to the
street. Justice to the property own
ers demands that the reconstruction
OF these highways shall include relo.
- f,.oa aIy
Justice to the company may require
that 1t should not be compelled o
move its tracks on any street until
such street is being rebuilt. Kalakaua
avenue is now in the process of re.
construction. II the city pays one
nickel of the cost OF such relocation
on Kalakaua avenue Il will be tied up
to contribution in every other case.
II, as an official act, the board of SUI
pervisors in any way touches the
$4,000 collected by public subscription,
then the act by the board is an act
by the city. Such an act would again
set precedent for contribution. For,
the Rapid Transit Company can tn5l
say, We don't care where the city
got the money, the city gave it to US.
The statement has been made that
my office is holding up the actual
work on Kalakaua avenue. The law
requires, first, that the assessment
ordinance shall be enacted. This has
been rushed by this office Ii should
be law by October 81. The contract
or can then be ordered by the board
to sign his contract and file his bond
As soon as the board of supervisors
has accepted TIE contractors Lond
the board can then order the contract
or to commence the whole job forth
with.
Wednesday and Thursday of this
week the superintendent of public
works and the Public Utilities Com
mission ordered the Rapid Transit to
move its track to the middle of Kala-
kaua avenue within 80 days. If the
Rapid Transit Company does not
move within 80 days, it then becomes
the duty of the encouragement to
forfeit the company's charter.
THAT does not mean delay The
charter of the company provides that
in this situation the government car
move the tracks of the company and
then sue the company for the money
In other words, work on Kalakaua ave
nue. is not going to be held up by
legal procedure. If, by the 9th day
of November, 1916, the Rapid TRANSIT
has not moved its track, the board
of supervisors and the superintendent
of public works will.
The Rapid Transit Company is
making every move to try to tie up
the CITY to a contribution for reloca-