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etc., to ride
Policemen, firemen, and letter carriers, when on duty Policemen, and in full uniform, shall be entitled to free passage over free. any of the lines of the railway.
The association, its agents, and employees in charge of Drunken, any car may refuse passage to any person or persons who may be rerefuse to pay the lawful fare, to any drunken, disorderly, fused. or diseased person or persons, or vagrants or criminals, and may eject with force, if necessary, any such person or persons from the car.
If the association, or any agent or employee thereof, Penalty for shall demand or charge a greater sum of money for fare on the cars of the association than that fixed by this Act the association, such agent, or employee shall forfeit to the person thus overcharged the sum of not more than one hundred dollars nor less than twenty-five dollars, to be recovered in a civil action in any court having jurisdiction thereof.
Upon the trial of an action for any of the sums forfeited as provided above, proof that the person demanding or receiving the money as fare or for the sale of a ticket was at the time of making the demand or receiving the money engaged in an office of the association, or on any vehicle belonging to it, shall be prima facie evidence that such person was the agent, servant, or employee of the association to receive the money and the ticket mentioned.
Sec. 8. That the association, with the approval of the Operating governor, shall make reasonable and just regulations regarding the operation of the railway, and on failure of the association to make the same within a reasonable time after the receipt of written notice from the governor so to do the board, with the approval of the governor, may make such regulations. All regulations may be changed from time to time as the public interests may demand, at the discretion of the governor.
If at any time there shall be constituted by or with Utility the authority of the Congress of the United States a public utility board, for the regulation of public utility corporations in the Territory of Hawaii, the power of making the regulations given by this section shall be vested in said board.
The cars lawfully occupying and using the railway Right of way shall have the right of way upon its tracks, with due regard and warning to other vehicles and to pedestrians, except that in case of fire such right shall yield to fire engines and patrol, and in case of emergency to the police authorities.
Sec. 9. That the entire plant, system, tracks, rolling Inspection. stock, poles, wire, conduits, and other apparatus of the association shall at all times be subject to inspection by the board or its representative designated for that purpose.
Power stations, etc.
Condemnation of lands for stations,
Sec. 10. That the association shall also have the power to acquire, construct, maintain, and operate at such place or places, as may from time to time be deemed necessary, adequate power stations or houses and such other buildings and structures as may be convenient, necessary, and desirable for the conduct of its business, and may install
and use therein machinery for such purpose. Property
Sec. 11. That the association may acquire, take, hold, rights.
sell, or otherwise dispose of any property, real, personal, or mixed, deemed necessary, convenient, desirable, or incidental to the proper conduct of its business and shall have the power to borrow money when deemed expedient, and secure the payment thereof, with interest, by mortgage or by the issuance of bonds secured by deed of trust, of all or any portion of its property and the franchises and privileges granted or obtained by virtue of this Act or otherwise, together with all future acquired property, as well as income and receipts from whatsoever source derived, in such form and under such terms as may be deemed advisable. Nothing herein contained, however, shall operate to prevent the association from obtaining the usual business credits and making promissory notes without security.
Sec. 12. That the association shall have the right to
condemn lands, leaseholds, and other property for sites elehts of way, for power stations, houses and buildings necessarily per
taining thereto, and for rights of way for poles, lines, wires, cables, conduits, pipe lines, flumes, and other appliances for the generation, transmission, distribution, and supply of electricity, railways, tracks, and other like purposes necessary for the full enjoyment, operation, construction, and maintenance of the railway system authorized or permitted under the terms of this Act, and all proceedings therefor shall be as near as may be in accordance with the provisions of chapter sixty-four of the Revised Laws of Hawaii, and all amendments thereto now or hereafter made.
The association shall be, and is hereby, granted a right of way along and across, under and over, the roads, streets, bridges, and thoroughfares in the county of Hawaii for such poles, wires, conductors, and conduits as may be necessary and suitable for the transmission of electrical and other power from such power stations as may be hereafter constructed and equipped for the use of said railway, to such point or points as it may see fit to
deliver such power for use upon its lines: Provided, howLease of wa- ever, That the lease or grant of any water power or other
water privilege to the association by the Territory of Hawaii, or its officials, for the purpose of producing electricity, or other purpose, shall be made to the association only in the event of its being the highest responsible bidder therefor, at public sale, after due advertisement
Rights of way across roads, etc.
ter power ; conditions.
Punishment for injuries to
Forfeiture for violations
and notice of such proposed sale by the proper officials of the Territory.
SEC. 13. That any person who shall willfully or intentionally injure, molest, or destroy any of the poles, lines, property, etc. wires, or other appliances, railway, tracks, or the material or property belonging thereto, or shall without permission or authority of the association connect or cause to be connected by poles, wires, or any device, anything with the wires, cables, or conductors of the association, for the purpose of obtaining current for light, heat, or power, shall be guilty of a misdemeanor, and upon conviction thereof in any court having jurisdiction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months: Provided, however, That nothing herein contained shall be deemed to affect the right of the association to recover by action at law damages for any injury done by such unlawful action.
Sec. 14. That whenever the association refuses or fails to do or perform or comply with any act, matter, or thing of require
ments. requisite or required to be done under the terms of this Act, and shall continue so to refuse or fail to do or perform or comply therewith after reasonable notice given by the governor to comply therewith, unless other provision is herein specifically made, the board shall, with the consent of the governor and the attorney general, cause proceedings to be instituted before the proper tribunal to have the franchise granted by this Act, and all rights and privileges granted thereunder, forfeited and declared null and void.
SEC. 15. That the rights, privileges, and franchises hereby granted to the association shall continue until the expiration of the term of fifty years from the date of the passage of this Act by the Congress of the United States, subject only to the limitations in this Act contained. SEC. 16. That all property of every kind and nature
Exemption forming or used as a part of the railway and power system of the association, including this franchise, shall be exempt from any and all taxation under the laws of the Territory of Hawaii until the expiration of ten years from and after the passage of this Act by the Congress of the United States.
Sec. 17. That the association shall, within one month after the expiration of each calendar year, file with the quired. board a detailed statement showing all of its receipts and expenditures during the preceding calendar year; and all of its books, papers, records, and accounts shall, at all reasonable times, be open to inspection by the governor, the board, and their respective agents appointed for such purpose.
The association shall not issue stock in excess of the amount paid to it therefor in cash and fifty thousand thorized. dollars additional, nor shall it issue bonds at less than
Annual statements re
Stock and bonds au
not to have in.
ninety per centum of their par value; and the entire proceeds of its stock and bonds shall be applied to capital
expenditure. Dividends from earnings.
The association may pay, out of any earnings available for the purpose, after paying its expenses of operation and maintenance, interest and sinking fund on its bonds, and any other expenses properly payable out of earnings, cumulative dividends upon its stock at the rate of eight per centum per annum, and shall pay each year to the county of Hawaii, or such political division as the legislature shall from time to time designate, an amount equal to three times the amount, if any, which it shall pay in dividends in that year in excess of such cumulative divi
dends. Stockholders No member of the association, or of any assignee or
con successor of the same, and no stockholder or officer of
any corporation securing any or all of the rights herein granted to the association shall become interested, directly or indirectly, in any contract made by the association, its assignees or successors, for the construction of any part of the railway or for the supply of its rolling
stock. Amendment, Sec. 18. That this franchise may at any time be
amended or repealed by the Congress of the United States or by the Legislature of the Territory of Hawaii, with the approval of the Congress of the United States; and the rights, privileges, and powers by this Act con
ferred shall not be construed to be exclusive. Purchase by Sec. 19. That the Territory of Hawaii, the county of Territory, etc., after twenty.' Hawaii, or any political subdivision thereof, within or years, permit: including the district of South Hilo, may at any time ,
after the expiration of twenty years from the date of the passage of this Act by the Congress of the United States, and upon six months' notice in writing to the association, given pursuant to proper authority, acquire by purchase all the property of the association, subject to the then existing charges thereon. The amount to be paid to the association for such purchase shall be determined by a commission of three persons, one to be appointed by the association, or in case it should fail to do so within thirty days after requested to do so by the purchaser, then by the chief justice of the Supreme Court of Hawaii, one by the purchaser, and the third by the two so appointed, or in case they should fail to agree upon the third member within thirty days, then by said chief justice, but such amount shall in no case exceed the actual cost of the property and twenty per centum ir addition thereto, less
the charges thereon. Appeal from
Either the association or the purchaser may appeal to decision.
the Supreme Court of Hawaii from the decision of such commission by filing a written notice of appeal with the commission within five days after the decision is ren
Commission to determine.
dered. It shall thereupon be the duty of the commission
Hearings, immediately to certify up to the supreme court the rec-preme court. ord of its proceedings, showing in such certificate the valuation claimed by the association, the valuation claimed by the purchaser, and the valuation as determined by the commission. Such certificate shall be accompanied by copies of all papers, documents, and evidence upon which the decision of the commission was based and a copy of such decision. Upon any such appeal the supreme court may, in its behalf, take or require further evidence to be introduced by either party. Within six months after the determination of the
Payment. chase price, as aforesaid, the same shall be paid to the association.
CHAP. 273.–An Act To establish a standard barrel and stand-Aug. 3, 1912. ard grades for apples when packed in barrels, and for other pur
(H. R. 21480.] poses.
252.] (Applicable to Territories. See p. 201.)
37 Stat. L., pt. 1, p. 250.
CHAP. 284.–An Act Making appropriations for the Department Aug. 10, 1912. of Agriculture for the fiscal year ending June thirtieth, nineteen (H. R. 18960.] hundred and thirteen.
[Public, No. (General expenses weather service, Hawaiian Islands; 37 Stat. L., Distribution of seeds, plants, etc., to Delegates; Rare pt. 2, p. 269. seeds, etc., from our possessions for experimental tests; Construction and maintenance of roads and trails in national forests; Investigation of Mediterranean fly in Territories and possessions; Experiment stations in Hawaii; Irrigation investigations; Farmers' institutes and agricultural schools. See pp. 202–206.)
CHAP. 308.--An Act To regulate the importation of nursery Aug. 203, 1912, stock and other plants and plant products; to enable the Secretary [A. R. 24119.) of Agriculture to establish and maintain quarantine districts for [Public, No. plant diseases and insect pests; to permit and regulate the move
37 Stat. L., ment of fruits, plants, and vegetables therefroin, and for other pt. 1, p. 315. purposes.
(Applicable to Territories. See p. 215.)
CHAP. 335.-An Act Making appropriations for the naval serv- Aug. 22, 1912. ice for the fiscal year ending June thirtieth, nineteen hundred and [H. R. 24565.] thirteen, and for other purposes.
[Public, No. (Pearl Harbor coaling station; Radio station in Ha- 37 Stat! L., waiian Islands; Naval station Pearl Harbor; Naval maga- pt. 1, p. 328. zine, Kuahua, Hawaii; Transportation of remains of officers and enlisted men; Improvement of construction plant, Pearl Harbor; Machinery plant, Pearl Harbor. See pp. 49, 50.)