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tices, at five thousand dollars each; in all, twenty-three thousand five hundred dollars.

For judges of circuit courts, at three thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and five.

For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand dollars.

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Hawaiian Territory,

courts.

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DISTRICT COURT, TERRITORY OF HAWAII: For the payment of the salaries of the judge, clerk, and the reporter of the United States district court for the Territory of Hawaii, at five thousand dollars, three thousand dollars, and one thousand two hundred dollars, respectively, nine thousand two hundred dollars.

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Apr. 8, 1904. [H. R. 7274.] [ Public, No. 93.1

33 Stats. L., pt. 1, p. 164.

Hawaii.

CHAP. 948.-An Act To amend section seventy-six of an Act entitled "An Act to provide a government for the Territory of Hawaii."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section seventy-six of an Act entitled "An Act Government to provide a government for the Territory of Hawaii," approved April thirtieth, nineteen hundred, be, and the same is hereby, amended to read as follows:

for.

Amended.

ent of public instruction.

Commissioner of Labor to re

Superintend- SEC. 76. That there shall be a superintendent of public instruction, who shall have the powers and perform the Duties, etc. duties conferred upon and required of the minister of public instruction by the laws of Hawaii as amended by the Act, and subject to modification by the legislature. "It shall be the duty of the United States Commisport labor sta-sioner of Labor to collect, assort, arrange, and present in tistics every reports in nineteen hundred and five, and every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation. to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other Classification subjects as Congress may by law direct. The said Comemployees, etc. missioner is especially charged to ascertain the highest, lowest, and average number of employees engaged in the

five years.

of industrial

various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress."

[S. 276.] [Public, No. 111.] 33 Stats. L.,

CHAP. 1253.-An Act To authorize the Government of the Apr. 13, 1904. United States to participate in celebrating the one hundredth anniversary of the exploring of the Oregon country by Captains Meriwether Lewis and William Clarke in the years eighteen hundred and four, eighteen hundred and five, and eighteen hundred and six, and for other purposes.

(Exhibit from IIawaii. See p. 217.)

pt. 1, p. 175.

CHAP. 1405.—An Act To ratify, approve, confirm, and amend Apr. 21, 1904. an act duly enacted by the legislature of the Territory of Hawaii [H. R. 7266.] to authorize and provide for the manufacture, distribution, and supply of electric light and power on the island of Oahu, Territory of Hawaii.

[Public, No. 128.] 33 Stats. L., pt. 1, p. 227.

Whereas the legislature of the Territory of Hawaii did, Preamble. by an act duly passed at the nineteen hundred and three session thereof, grant to the Hawaiian Electric Company, Limited, a special franchise and special privileges for the purpose of maintaining and operating an electric light and power system on the island and Territory aforesaid; and

Whereas the governor of said Territory did approve said act on the twenty-eighth day of April, nineteen hundred and three; and

Whereas the Act to provide a government for the Territory of Hawaii, duly passed by the Congress of the United States on the twenty-seventh day of April, nineteen hundred, and approved on the thirtieth day of April, nineteen hundred, provides that the legislature of the Territory of Hawaii shall not grant to any corporation, association, or individual any special privilege or franchise without the approval of the Congress of the United States: Now, therefore,

Act of legiselectric light

etc.

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the Congress of the United States of America Hawall. does hereby ratify, approve, confirm, and amend that cer- lature granting tain act, duly enacted by the legislature of the Territory and power franof Hawaii at the nineteen hundred and three session chise ratified, thereof, known and designated as Act Numbered Fortyeight of the laws of the Territory of Hawaii, session of nineteen hundred and three, the said act last mentioned being an act entitled "An act to authorize and provide for the manufacture, maintenance, distribution, and supply of electric light and power on the island of Oahu, Territory of Hawaii," and that the said act last mentioned

act.

be modified, and as so modified is hereby ratified, approved, and confirmed, so as to read as follows:

"ACT NUMBERED FORTY-EIGHT.

Provisions of "An act to authorize and provide for the manufacture, maintenance, distribution, and supply of electric light and power in the district of Honolulu, island of Oahu, Territory of Hawaii.

Preamble.

Definitions.

Electric Com

pany.

granted.

"Whereas, pursuant to a franchise granted by the government of the Hawaiian Islands, the Hawaiian Electric Company, Limited, has constructed and developed an electric light and power system on the island of Oahu, Territory of Hawaii; and

"Whereas said company is at the present time supplying light and power to the inhabitants of the said district of Honolulu, island of Oahu; and

"Whereas said franchise expires on the third day of May, nineteen hundred and three: Now, therefore,

66

Be it enacted by the legislature of the Territory of Hawaii:

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"SECTION 1. The following words and phrases, wherever they are used or appear in this act, shall, unless the same be clearly inconsistent with the context, be construed to mean and be held to have the force and effect as follows:

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"(a) The company' shall mean, include, and represent the Hawaiian Electric Company, Limited, and its successors and assigns.

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"(b) Honolulu, or district of Honolulu,' shall refer to, include, and mean all that portion of the island of Oahu included in the taxation, educational, and judicial district now defined by law as 'Honolulu district,' or the 'district of Honolulu."

Hawaiian "SEC. 2. The right is hereby granted to the Hawaiian Electric Company, Limited, as a body corporate under Powersthat or such other name as the said company may hereafter adopt, and its successors and assigns, to manufacture, sell, furnish, and supply electric light, electric current, or electric power in the district of Honolulu, on the island of Oahu, Territory of Hawaii, for lighting the streets, roads, public or private buildings, or for motive power, or for any other purpose which it or they may deem advisable, and from time to time, for the purposes above mentioned, to construct, maintain, and operate suitable poles, lines, wires, cables, lamps, lamp-posts, conductors, conduits, and such other appliances and appurtenances as may from time to time be necessary for the transmission, distribution, or supply of electricity to consumers thereof, under, along, upon, and over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said

district of Honolulu, and to connect the said lines, wires, and conductors with any manufactory, private or public buildings, lamp, lamp-posts, or other structure or object with the place of supply.

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stations.

"SEC. 3 Said company shall also have the right to Buildings and maintain and operate its present light and power station on the corner of Halekauwila and Alaeka streets, in said Honolulu, and also to construct, maintain, and operate, at such points as may from time to time be necessary, light and power stations or houses, or such other buildings and structures as may be necessary and proper, and to use machinery therein for the purposes of the company.

66 METERS, RATES, AND CHARGES.

and charges.

"SEC. 4. Said company shall also have the right to Meters, rates, maintain, operate, and use electric meters or other means of measuring electric light, power, or current supplied from time to time, and to locate the same at such places as may be deemed necessary for their protection; and said company shall also have the right to charge, receive, and collect from all consumers of electricity such reasonable prices as may from time to time be fixed and determined by the company, but such charge shall not at any time exceed seventeen cents per kilowatt hour or one thousand watt hours: Provided, however, That the company shall have the right to charge, receive, and collect from each consumer of electricity for lighting the sum of two dollars per month, and from each consumer of electricity for power the sum of one dollar per month per horsepower of apparatus connected to the service. of the company: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at all times and upon the petition of any consumer or the company to hear and determine from time to time what rate or rates are reasonable, and to enforce the same by appropriate judgment or decree.

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"SEC. 5. Said company shall also have the right to Connections. charge consumers, or applicants for the use of electrictiy, for one-half of the cost and expense of making connections between the company's main lines and the premises where the electricity is to be used; such cost and expense to include the price of all wires, poles, insulators, and other materials, and labor necessary to be used in making such connections: Provided, however, That the company shall not be required to make, construct, or maintain said

Supply of electricity.

Rules and regulations.

connections as aforesaid for supplying light or power unless the applicant or applicants for such light or power, if required, shall deposit in advance with the company a sum of money sufficient to pay one-half of the cost and expense of making and constructing such connections and for current for the period of one month.

66

SEC. 6. The company shall not be required to extend, construct, or maintain its main lines beyond a distance of three hundred feet unless there be an applicant for each three hundred feet of extension or fraction thereof, and unless each applicant shall, in addition to the other requirements in this Act provided, agree to take, install, and maintain five sixteen-candlepower lights or one horsepower of power apparatus for not less than one year: Provided, however, That if the company is unable to furnish power or light applied for by reason of lack of capacity of the apparatus for producing electricity, the company shall be allowed a reasonable time, not to exceed nine months from the date of any application, to procure such additional apparatus as may be necessary to furnish such applicant.

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"SEC. 7. The company shall have the right to discontinue or cut off the supply of electricity to any consumer who shall refuse or fail to pay the amount due for electricity supplied by said company within such reasonable time as said company may fix for the payment of the same, and such discontinuance of service or supply of electricity shall not prejudice the right of the company to any remedies now or which may hereafter be authorized by law for the recovery and collection of said amount.

66 RULES AND REGULATIONS.

"SEC. 8. The superintendent of public works is hereby authorized to make, and from time to time to change, amend, or add to, reasonable rules regulating the placing of poles and wires, the insulation of wires and apparatus carrying the electric current, and the maintenance in good repair of all poles, wires, and apparatus, and generally concerning the manufacture and supply of electricity, which may be necessary or proper for the public safety and welfare.

"No person, firm, or corporation shall be allowed to place or maintain poles or wires along, upon, or across any public street except such as are authorized by the superintendent of public works. Any person violating this provision last above mentioned shall, upon conviction, be deemed guilty of a misdemeanor and be punished by a fine of not exceeding fifty dollars or by imprisonment not exceeding three months. The superintendent of public works may at any time cause such poles or wires to be

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