Communication No. 2019-10- NKCDP RR Trail Plans

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6th Minister of the Interior, or persons whom he shall appoint permitted at all times the right to pass over and examine the road, and all buildings, rolling stock, stations &c. 7th Minister of the Interior to cause to be paid to said Corporation $2500 per mile for each and every mile constructed, equipped and in complete running order upon certificate of the Surveyor General. No subsidy to be paid until at least 5 miles of the Railroad is complete. If at the expiration of the Charter the same shall not be renewed on application for such purpose, the Government shall take over and purchase the road, rolling stock, land, appurtenances and shall pay therefor to the Corporation such sum as shall be appraised by 5 different persons or a majority of them as the value thereof. The contract, set prior to the Highways Act of 1892, sets in motion the establishment of a railroad that brings goods, services, people, government workers, and mail from Mahukona to Nuilii. It is established through a Government Act, is subsidized by the Government, and is referred to as a road. This last paragraph of the Act provides the use of the word 'road' as it relates to the railroad alignment or ROW. "the Government shall take over and purchase the road, rolling stock, land, appurtenances and shall pay..." The use the railroad as a 'road' is seen in other legal documents to describe the railroad ROW. In review of other railroads throughout the Kingdom, we see instances where subsidies were authorized for the railroads. Chapter CXI. An Act Granting a Franchise to Establish and Maintain a Lottery. Be it Enacted by the Queen and the Legislature of the Hawaiian Kingdom:... Section 4. Said sum shall be devoted to the uses and purposes hereinafter set forth, and the Minister of Finance is hereby authorized to pay the same as herein provided, as long as the same is received for said franchise." The act further describes subsidy to pay for public resources, including: Subsidy to be paid for the construction and maintenance of a railroad around the Island of Oahu... as well as Third: Subsidy to be paid for the construction and maintenance of a railroad from Hilo, Island of Hawaii, through the Districts of Hilo and Hamakua, fifty thousand dollars per annum, to be paid during such period during which said railroad is kept in operation. This points to the use of public funds for the construction and maintenance of the railroads. While it does not specifically call out the North Kohala Railroad, it provides another documentation of the use of public funds in the construction and maintenance of railroads. In the Highways Act of 1892, Section 8 includes the responsibility that "Railroads, Canals and Ditches crossing highways to be kept in order by the Government. Section 8. Whenever highways are laid out to cross railroads, canals or ditches, the road authorities must, at public expense and without delay, so prepare and guard such road, canal or ditch that the public may cross the same without danger."' This statement implies that the 'road' is referring to the Railroad. The history shows that the North Kohala Railroad was not constructed as a means to transport sugar cane alone. It includes government use, was developed through an Act, and included government funding. This supports the concept that the railroad was a government -funded, government commissioned, and government used public facility. It is often reported as a 'road' under Government 9 Referenced from: http://Punawaiola.org/es6/index.html?path=/Collections/Laws/SessionLawsl892001.pdf