Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-10-27
RAPID TRANSITS
Plan WOULD TIE
UP CITY-BROWN
fcontlnuea from page onel

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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
4 OF these highways shall include relo-
cation of the Rapid Transit's tracks.
Justice TO the company may require
| that it should not be compelled o
move its tracks on any street until
such street is being rebuilt. Kalakaua
avenue Is now in the process If re-
construction. II the city pays one
nickel of the cost OF such relocation
on Kalakaua avenue II will b. tied up
to contribution in every other case.
II, as an official act, the board of SUI
pervisors in any way touches the
$1,000 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 then
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. 1t 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 the contractors bond
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 conpany's charter.
THAT does not mean delay. The
charter of the company provides that
in this situation the government can
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 contribution for reloca-
ton on Kalakaua avenue. Why? The
secretary Of the Rapid Transit Com
pany is quoted in the press as de-
claring that the $4,000 will not be ac-
copied from private subscribers, but
must come from the board of super
visors. Why? Why will this $4,000
of private subscribers money be re-
fused from an individual, but the
same money be accepted at the hands
OF the board OF supervisors? Yester-
day 1t was stated in the press that
the Rapid Traneit now simply desired
the board to pass a resolution appro-
priating money, whether the COM
pany ever got the money or not Why?
Because the Rapid Transit Company
wants some act by the city which
will tie its hands for all time.
THE mere passage Of such reso-
luton of appropriation at one read
ing will betray the city's rights. That
is what the Rapid Transit Company
is after.
This office is convinced, as mat
ter Of law. and has so advised the
board of supervisors. that it would be
illegal for the city to contribute in
any way to the Rapid Transit Com
pany. The Rapid Transit Company is
well aware of this illegality.
aMy duty. as. city and county at
torney, as set forth in section 1877,
Revised Laws Of Hawaii, 1915, re-
quires me to oppose and prevent any
such Illegal contribution. 1t is doub-
Iy my duty to prevent betrayal of
the rights of the entire community
by an insidious attempt to obtain a
surrender by the board of supervisors
of the rights of the government.
Yours respectfully,
ARTHUR NJ. BROWN,
"City and County Attorney"