The printed text is the original bill and the interlineations, in red
ink,* represent
the amendments adopted.
The original bill was in the interest of Mr. Audley Coote and the Canadian
Pacific Railway, but it being” suggested that it might be desirable to have
a cable reach these islands from some point on the coast of the United
States, the exclusive right and privilege to land a cable reaching to or
from any foreign nation was stricken out and confined to British territory,
which, with other amendments adopted, it is now stated by the friends of the
original bill render it valueless to Mr. Coote, and it is probable he will
not care to enter into a contract with the Hawaiian Government under the
provisions of this bill.
There is a strong popular feeling here in favor of connecting these islands
with the North American continent by cable and of rendering financial aid in
the work.
My observations convince me that a telegraph cable, under the control of
American citizens, connecting these islands and America, with a terminus on
the coast of the United States, would be of great value to this country and
our interests here, by reason of its influence in quieting the unrest
natural to a segregated, ocean-bound community, confined to a limited area,
and by bringing the people in daily contact with affairs in the United
States and the world at large.
[Inclosure in No. 160.]
AN ACT to authorize the [Hawaiian Government] to contract for the
construction of international and interisiand submarine electric
telegraph cables.
Whereas it is desirable to establish, as soon as practicable, telegraphic
communication between this Kingdom and the North American continent, and
the Australasian colonies of Great Britain, and between the different
islands of this Kingdom;
And whereas [certain persons are] now engaged in the perfecting of plans
for the construction and maintenance of a telepraphic cable or cables
from some point on the North American continent, through the Pacific
Ocean, to certain of the Australasian colonies of Great Britain;
And whereas it seems necessary to the speedy establishment of such
communication with foreign shores that the parties establishing the same
shall be granted certain exclusive rights as to the landing of
telegraphic cables on our shores: Now, therefore,
Be it enacted by the King and the legislature of the
Hawaiian Kingdom, Sec. 1. The
minister of finance, [with the concurrence of all the members of the
cabinet,] is hereby authorized to enter into a contract with the
honorable Audley Coote, of Tasmania, his associates and assigns, [or
with any other persons or corporations,] for the construction and laying
of a submarine electric cable, from and between some point on the North
American continent and some point upon one of the islands of this
Kingdom, and for the construction and laying of a like cable or cables
between the different islands of this Kingdom, in substance as
hereinafter provided.
Sec 2. Such contract may by its terms provide
for the grant, concession, and confirmation by the Hawaiian Government,
to the honorable Audley Coote, his associates and assigns, [or any other
persons or corporations] (hereinafter named and referred to as said
constructors), of the sole and exclusive right and privilege to
construct or land a submarine telegraph cable or cables which shall
reach to or from any [British possession or colony] upon the shores of
any island of the Hawaiian group for or during a period not exceeding
three years from the first day of [January, 1888.]
Provided, however, That if the said minister of
finance, at any time after the first day of August, 1889, shall
[require] assurances from such constructors that such cable shall be
completed from some point on the North American continent to some island
of the Hawaiian group, not later than the first day of August, 1890, and
the said constructors, upon such request being made, shall fail to give
such assurances in that behalf as shall be satisfactory to the Hawaiian
Government, then the exclusive right and privilege, the grant of which
is hereinbefore authorized, shall, at the option of the said [cabinet,]
at once, or at any time thereafter, lapse and become void, upon notice
to that effect being given to the said constructors.
And further provided, That the concession and
grant hereinbefore authorized shall not be so construed as to disable,
prevent, or preclude the Hawaiian Government from consenting to the
laying or landing through its waters, or upon its shores, of any
submarine telegraph or other electric cable or cables which, during the
period of three years hereinbefore mentioned, shall be constructed or
laid, or sought to be constructed or laid, or landed upon Hawaiian
shores, by or on behalf of any foreign nation or power.
Sec. 3. Such contract may further provide for
the payment by the Hawaiian Government to said constructors of an
annualsubsidy not to exceed twenty thousand dollars in legal tender of
the Hawaiian Kingdom, for and during a period not to exceed fifteen
years from the date of the establishment, over such cable, of
telegraphic communication between the city of Honolulu and some point on
the North American continent: Provided, That such
communication shall be established not later than the first day of
[January, 1891.]
Sec. 4. The grant of any of the rights or
privileges and the payment of any subsidy hereinbefore authorized shall
be conditioned upon the covenants of said constructors, to be expressed
in such contract, [that is to say]—
- (1)
- That during such period after the establishment of telegraphic
communication by and over such cable between Honolulu and the
North American continent as the minister of finance shall pay
such subsidy as is hereinbefore authorized, the messages of or
for the Hawaiian Government shall be received and transmitted
and delivered by and over such cable free of charge: Provided, however, That if the expense of
so receiving, transmitting, and delivering sue messages, when
computed at [half] the rate at which, when such messages shall
be transmitted, ordinary press messages shall be transmitted
over such cable, shall exceed the amount of the annual subsidy
paid or contracted to be paid as hereinbefore authorized for any
year, then the excess of such expense shall be paid by the said
minister of finance to said constructors.
- (2)
- That said constructors shall not make or form or permit any
combination, pool, or other agreement with any other person,
body, company, or syndicate who or which shall hereafter own or
operate any cable or cables through or across either the Indian
[Page 849]
or Pacific Ocean
to or from the Australasian; colonies of Great Britain, or to or
from the Hawaiian Kingdom, the effect or purpose of which
combination, pool, or other agreement shall be to advance or
increase the rates of telegraphy to of from the Hawaiian
Islands, by or over any cable which shall be laid or constructed
to or from the Hawaiian Islands by the said constructors.
- (3)
- That the rates for the transmission of messages to and from
the Hawaiian Islands by and over any cable which shall be laid
or constructed by said constructors shall not exceed the
following-described limit, that is to say:
- (4)
- For all messages other than Hawaiian Government and press
messages, to or fro between the point of such cable’s connection
with the American telegraph system and Honolulu, not more than
forty per cent, of the rates which shall be charged for like
messages over such cable to or fro between said American point
and any point in New Zealand or Australia.
- (5)
- For like messages to or fro between Honolulu and the point or
points of such cable’s connection with either the New Zealand or
the Australian telegraph systems not more than sixty per cent,
of the rate which shall be charged for like message, over such
cable to or fro between either said New Zealand point or said
Australian point and said American point.
- (6)
- The rates for ordinary messages or items of news to any
newspaper or news bureau of the Hawaiian Kingdom (commonly known
as press messages) [shall not exceed one-half the rate which
shall be charged for other messages, excepting] messages to or
from the Hawaiian Government or any [officer] thereof, in his
official capacity.
- (7)
- All messages other than Hawaiian Government and press messages
shall be transmitted at and for one and the same rate.
- (8)
- In no case or instance shall any message over such cable, to
or fro between the Hawaiian Islands and any foreign port or
point, be charged for at a greater or higher rate than shall
prevail in the case of a like message over such cable to or from
any other point equally or more remote from Honolulu.
Sec. 5. Such contract shall further provide and
contain, as a part of the consideration for the grants and subsidy
hereinbefore authorized, a covenant on the part of said constructors to
furnish, and within six months after the completion of said cable [and
the] establishment of telegraphic communication thereover to any
American or Australasian point or port, at their own proper charge and
expense to lay and construct a cable or series of cables to connect the
islands of the Hawaiian group from Hawaii to Kauai, as follows, to wit:
From Hawaii to Maui, from Maui to Oahu with a landing on Molokai, and
from Oahu to Kauai.
Sec. 6. Such interisland cable or cables shall
be landed upon such islands, in such reasonable manner, and at such
points as shall be designated by the cabinet and when so laid,
constructed, and landed, shall be delivered to the minister of the
interior for and to the use of the Hawaiian Government, at a price not
to exceed the actual cost of such cable or cables delivered on board
ship at the place of its or their manufacture.
Sec. 7. Said constructors shall be entitled to
the use, at a rate not to exceed the usual local rates, of any such
interisland cable or cables, together with any and all shore-lines
connecting the same, for transmission of messages to and fro between
Honolulu and the point or points of the landing of their international
cable or cables.
Sec. 8. Upon the construction and delivery to
the minister of [the interior] of such interisland cable or cables as
provided by sections 5 and 6 of this act, and the establishment of
telegraphic communication thereover, the minister [of finance] shall be
authorized to pay said contractors the actual cost price thereof, to be
computed as provided in section 6 of this act.
