Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-10-14

Board Fails to- Act Upon Pro-
poSaI to Pay Part; Will
Study Opinion

! That the city and county of Homo.
! iulu can compel the Rapid Transit
| Company TO relocate its tracks on
! Kalakaua avenue al its own expense.
! is the opinion given TO the board OF.
supervisors Friday afternoon by A. NJ
! Cristy. deputy city attorney. .s%-
In substantiating his opinion Crists|
| quoted the charter, which says, in
part And the Territory OF Hawaii
reserves forever the right to change
| the line and grades of its streets at
any time that the public interests de-
| mand such changes; and the said
| association Rapid Transit and
! others, shall, at their own cost, within
| 80 days conform to such new lines or
| grades in reCOnstruCting its tracks OF
| lines. upon receiving notice in writing
! from the superintendent Of public
works. and such changes shall be
1nade subject to the approval of the
superintendent of public works
Says Company Admitted .-..... :. -.
! Commenting on the charter, GristY
! said The representatives OF the
Rapid Transit Company admitted be-.
! fore the public utilities commission III
| the recent hearing on the question OF
| a new charter, that this section and
! the provisions thereof were broad
| enough to include the right OF the
government to compel the relocation
| OF tracks where public improvements
of streets demanded it, Whether the
| company now admits that this right IS
! in the government of not, it is clear
| as matter of law that the govern
lnent can compel the relocation on
| Kalakaua avenue Of the tracks OF the
transit company by the company at its
| CNn expense. 49,. -. =.
| THE cost Of $4,000 admitted by the
transit company for temporary cor
! struction is neither excessive nor I'M
| reasonable II is simply part OF the
necessary cost of complying with the
terms of its charter. " H..
| Contribution Has no Consideration
Such being the case a contribution
! by the city and county toward the cost
| of the Rapid Transit for performing
| its legal duty would, be without con-
sideration and absolutely unjustifi-
able -. -. .~-.-....
! Cristy also gave his opinion on the
! legality of the city and county con-
tributing $4,000 as half of the temper
| airy expenses Of relocating the tracks
! of Kalakaua avenue and, as stated
Friday in the Star-Bulletin, declared it
| absolutely illegal and in support quot
| ed a decision of the supreme court
/ OF Ohio in a similar case, in which
| the court decided that it was Illegal
| to aid in the construction of roadbedS
| for railroads, and under the Organic
Act would even prohibit the legisla-
ture of this territory from authorizing
/ such contribution.
At the meeting yesterday afternoon
the only step taken by the board was
to authorize a letter to be sent to the
Rapid Transit Company directing
them to make the necessary reloca.
ton of the tracks to the center Of Kali
.akaua avenue to correspond with the
plans and specifications for the per
manent rebuilding and Improvement OF
/ the avenue. The question of whether
1 the board should appropriate the $4,000
was not touched upon, the board de-
laying further action until they had
had time to digest the, opinion of
II Cristy, copy of which was furnished
! each member. ....... :.....'- .=:<
II AS it will be at least so days before
the board can lawfully order the
Spalding Construction Company to go
II ahead with the work, the board is
planning to take all legal steps neces-
sary with the Rapid Transit Company
regarding the relocation of their
tracks and the above order, according
to AraCld, will result in the Rapid
ronlvinu that thpN
will be unable to. remove the tracks
because of the lack of rails. Arnold
said the board would then ask the rail-
way company # they can lay temper
airy tracks and it is expected that the
company will answer to the effect that
as the relocation will cost $4,000 they
feel they are not obliged to go to that
expense. The question will then be
UP to the board to decide whether they
will appropriate the $4,000 or force
the Rapid Transit to relocate at their
own expense.
l. Arnold, as chairman of the road
committee, told the board what was
being done. Speaking for myself,
he said, Il would be in favor of pay
ing so per cent if no legal obstruc-
tions come up, but have been in
formed by the city attorney that it is
illegal We must however, do some
thing, either take the bull by the horns
and, abiding by the law, force the com
pany to relocate the tracks, or pay
half the expense. | feel he contin-
ued, that if we make the contribu-
ton and are enjoined by the city at
torney the delay will be equal to
that of forcing the railway to do the
work. Whatever decision is made by
the board, however. the Rapid Transit
COMPANY must begin the permanent
work when thu construction company
starts, The committee felt that the
board desired t. have good road on