The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-11-28
GRACE
FOR THIRTY DAYS
Rapid Transit Given Until Next
Christmas To Shift Track
On kaIakaua

After protraeted wrangle over
terms and wording, the public utilities
commission Saturday adopted a resolu,
ton extending for thirty days the time
set in it's order of October 20 within
which the Honolulu Rapid Transit an,
Land Company vas directed to stag
relocation Of its tracks on Kalakana
Avenue, t0, cPRf9rm to, the new paving
The company presented the commission
with a statement showing the imp"ssi
bility Of securing certain materials fOr
the work from the mainland though
they had been ordered before the thirty
day limit, which expired yesterday, had
been named by the commission for the
CONNIE ncPment of work. The com
pany's present plans call for the de
livery of all but one, item of the sup
plies-screw spikes-by next month
The commission s resolution reads:
All the Whereases
Whereas the Honolulu Rapid Tran
sit and Land Company has replied t,
the order of the public utilities romms
sion under date Of October 2G, 1916
that owing 10 the nOn-arrival of GER
tain materials necessary for the relo
cation Of the company's tracks on Ka
lakaua Avenue, as shown on plans ant
mentioned in specifications adopted b.
the City and County of Honolulu. the
have been unable to comply with sal,
order;
1.-THE public utilities commission doe
hereby extend the time Of taking effec
Of said order until thirty days from
the date therein set forth. -
Charles r. Forbes. chairman of tn.
commission, will similarly extend tn,
time Of his order as superintendent o
public works made at the same tim'
rs the commission = order
No Time To BE Lost
Meanwhile the company will star
laying out the location of the ne,
tracks this week when its, enginec
goes over the ground and according t.
a statement Of G. G. Balleutyne, mana
ger Of the company, actual eonstructio,
Of the new right.of way may begin il
about a month.
| Commissioner Garden precipitated tn
pilikia over the precise words to b.
used in the time extension resolution
when Commissioner Gignoux suggested
that such a resolution be framed As
lawyer, Gardens sense of legul techni
ealities was shocked by the blunt tiers
resolution that Chairman Forbes wOulr
have. Both Forbes and Garden drnfte'
a resolution, Gardens bristling wit
tech nicalities and formalities, and eac'
argued the merits of his own draft.
Just Plain Talk
"Just say the time il extended thirt'
days, that s enough. Why make it
legal documenti' interposed Commits
sioner Gignoux. But Garden tried 70
nearly an hour to have his resOlutio
substituted for that written by FOrbe'
fearing, he said, that unless his draf
was. adopted the commission would no
be legally "safe' Gardens attitud
was plainly implied that the rapid tran
sit needed to he bound hand and foo
to the letter of the law. He said
1.-THE commissions original Orde
was a formal document so we must cor
tinue 10 deal formally with the con
pany. This is not an order. We wi
get ourselves into sad position if tn
chairman resolution is adopted an
We do not make formal order. TIL
chairman = resolution leaves the situi
ton so that the company can tate an
amount of time to complete the worl
Perfectly Holeproof
"If the commission is going TO max
an order, let : make it an order nc
something you can shoot holes through
The legal possibilities Of the chairman
draft are dangerous You can t shoe
my resolution full of holes.
"Tbe chairman : order is not SAT
As personal favor Mr. Forbes wi
you withdraw it, | In afraid of it. -
Forbes, however, would not withdra
his resolution. which said the san
things as Garden = in different and few
err words. He defended his draft wit
some heat and said
1.-THE rapid transit company hi
stated clearly the situation. They ha,
made no attempt at evasion and hay
proven cOnelusively TO me that they a,
acting in good faith. They have la
all the information and all the dat
before US. Now it is mp to the commi
sion to take similar action"
Finally Forbes draft Of the resol
ton, slightly modified and strengthenC
to suit Garden, was adopted on motto
Of Commissioner GignOux.