Chapter 376. Granting a right of way through the Fort Shafter Military Reservation, Territory of Hawaii, to the Pearl Harbor Traction Company (Limited), and for other purposes
730 words·~3 min read·
/statutes-at-large/vol-37/chapter-376-2214849·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 376.— An Act Granting a right of way through the Fort Shafter Military Reservation, Territory of Hawaii, to the Pearl Harbor Traction Company (Limited), and for other purposes.August 24, 1912.[[S. 7377](/us/bill/62/s/7377).][[Public, No. 323](/us/pl/62/323).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fort Shafter Military Reservation, Hawaii.Pearl Harbor Traction Company granted right of way through.
That to connect the waters of Pearl Harbor, the naval station, and the Fort Kamehameha Military Reservation, and wharf thereon, with the Fort Shafter Military Reservation and with the street railway system of the city of Honolulu, there be, and is hereby, granted to the Pearl Harbor Traction Company (limited), a common carrier corporation organized and existing under the laws of the Territory of Hawaii, and to its successors and assigns, a revocable right of way forty feet in width through the Fort Shafter Military Reservation, upon such route as shall be approved by the Secretary of War, and subject to such rulesSecretary of War to approve route, etc. and regulations in the interests of good order, police, sanitation, and discipline as the Secretary of War may from tune to Lime prescribe, but no part of the right of way shall be used for storage of rolling stock or material.
The United States shall be entitled to the follow- 504 Easements to United States on company’s property.ing easements along or upon the entire right of way of the company now owned or hereafter acquired:
(a)For the construction of a Government telegraph line and Government telephone line, using, if desired for such purposes, the standing poles of the company, and
(b)of a water-pipe line for Government use; but all such construction, and the operation and maintenance thereof, shall be so conducted as to interfere as little as possible with the construction, operation, and Finings, etc., to reservation.maintenance of the railroad. And said company shall, upon written notice from the Secretary of War, and within a reasonable time, construct, operate, and maintain all such spur and side tracks as may be necessary to serve the reserve storehouses to be built upon the Fort Shafter Reservation by the United States adjacent to said company’s line of road, and shah also operate its cars thereto upon any tracks constructed by the United States, and shall erect and maintain on said reservation a suitable passenger shelter and a local freight shelter at such points as may be designated by the Secretary Extension of lines.of War. Upon the construction by the United States of such reserve storehouses the said Pearl Harbor Traction Company (Limited) will construct, on a right of way to be acquired by it for the purpose, an extension of its lines to connect with the Government tracks on the Fort Kamehameha Military Reservation, and will operate its cars on such Government tracks, subject to such rules and regulations in the interests of good order, police, sanitation, and discipline as the department commander may from time to time prescribe. In the construction of the railroad upon the Fort Shafter Reservation such earth or other material excavated and not needed therefor shall be deposited on the reservation at such places as may be designated by Transporting passengers.the commanding officer at Fort Shafter. The said company shall transport free of charge upon its regular passenger cars between the passenger station at Fort Shafter and the terminus on such reservation of the present street car system of Honolulu all through passengers coming from or going to any point, on the lines of the said system. Sec. 2. Use of tracks by other company. That Congress may permit, any other person or corporation hereafter acquiring a franchise for the operation of a steam, electric, or other railroad on the island of Oahu, Territory of Hawaii, to use the tracks, spurs, sidings, and other construction herein authorized Compensation.on said reservation upon payment to the Pearl Harbor Traction Company (Limited) of just compensation for such use. And whenever said right of way hereby granted shall cease to be used by said company the same shall revert to the United States. Sec. 3. Duration. That the powers herein granted are limited to a period of fifty years, unless sooner altered, amended, or repealed by Congress. Sec. 4. Amendment That Congress reserves the right to alter, amend, or repeal this Act. Approved, August 24, 1912.