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removed at the expense of the person, firm, or corporation placing them or causing them to be placed in such position.

"If at any time the company, after reasonable notice given to it in writing, shall fail to observe or execute the rules and regulations hereinbefore provided for, relative to the placing of poles and wires, the insulation of wires and apparatus carrying electric current, and the repair of all poles and apparatus, the superintendent of public works shall, after giving the company reasonable notice thereof in writing of his intention so to do, proceed to remedy such failure, and the cost of such repairs or changes may be recovered from the company by the Territory.

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SEC. 9. The entire plant, operation, books, and accounts of the company shall at all times be subject to the inspection of the superintendent of public works or other officer appointed by him for that purpose.

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Supervision.

the Govern

"SEC. 10. The said company shall, within one month Payments to after the expiration of each year, file with the superin- ment. tendent of public works a statement showing the gross receipts from the sale of electric light and power furnished by the company, and shall at the same time pay to the superintendent of public works two and one-half per centum of the gross receipts of the company from all electric light or power furnished to consumers during the year preceding.

66 PURCHASE OR LEASE.

lease.

"SEC. 11. The said company shall have the right to Purchase or acquire, hold, or take over, either by purchase or lease, property, both real, personal, or mixed, and such other property as may be necessary or incidental to the proper conduct of its business; said company shall, however, not have the right to purchase franchises and property of whatever nature of another company of like nature.

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BORROWING OF MONEY AND ISSUANCE OF BONDS.

Borrowing sue of bonds.

"SEC. 12. The said company, whenever from time to time it shall be deemed expedient in the furtherance of money and isthe objects of the company, shall have the power to borrow money and to secure the payment thereof, with the interest agreed upon, by mortgage of all or any portion of the property, and the franchises and privileges granted or obtained by virtue of this act, or if it be deemed advisable, bonds may be issued, secured by a deed of trust of such property as aforesaid, not to exceed sixty per centum of the actual value thereof, together with all future acquired property, as well as the income and receipts of

3449-07-9

the property from whatever source derived, and in such form and under such terms as said company may deem advisable: Provided, That nothing in this section contained shall operate to prevent said company from obtaining the usual business credits and to make promissory notes without security.

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Penalties. "SEC. 13. Whenever said company refuses or fails to do or perform or comply with any act, matter, or thing 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 superintendent of public works to comply therewith, the said superintendent of public works 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. 14. Any person who shall willfully or intentionally injure, molest, or destroy any of the poles, lines, wires, meters, or other appliances, or the material or property belonging thereto, or shall without permission or authority of the company connect or cause to be connected by poles and wires, or by any device, with the wires, cables, or conductors of the company, for the purpose of obtaining electric current for light, heat, or power, or whoever shall, without such permission or authority, cut or cause to be cut wires or other devices connected with any meter or meters erected or set up for the purpose of registering or recording the amount of electric current supplied to any consumer by the company, or change or shunt the wiring leading to or from any such meter, or by any device, appliance, or means whatsoever, tamper with any such meter in such manner that such meter or meters will not measure or record the amount of electric current supplied to any consumer by the company, shall be guilty of a misdemeanor, and upon conviction thereof in the district court of Honolulu, or other court having jurisdiction thereof, shall be punished by a fine not exceding one hundred dollars or by imprisonment with hard labor not exceeding six months: Provided, however, That nothing herein contained shall be deemed to affect the right of the company to recover by action at law damages for any injury done by such unlawful action.

Grant not exclusive.

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"SEC. 15. It is hereby expressly provided that nothing herein contained shall be so construed as to grant to the company the exclusive right to furnish, sell, or supply electric light or power.

"SEC. 16. This act shall take effect and become law from and after the date of its approval.

"Approved this 28th day of April, A. D. 1903.

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SANFORD B. DOLE,

66 Governor of the Territory of Hawaii.”

SEC. 2. That Congress or the legislature of the Territory of Hawaii, with the approval of Congress, may at any time alter, amend, or repeal this Act.

Amendment.

CHAP. 1406.-An Act To ratify, approve, and confirm an act duly enacted by the legislature of the Territory of Hawaii, to authorize and provide for the maintenance and supply of fuel and illuminating gas and its by-products in Honolulu.

Apr. 21, 1904. [H. R. 9643.] [Public, No. 129.] 33 Stat. L., pt. 1, p. 231.

Whereas the legislature of the Territory of Hawaii Preamble. did, by an act duly passed at the nineteen hundred and three session thereof, authorize W. W. Dimond, his associates, successors, and assigns, to manufacture and supply fuel and illuminating gas and its by-products in Honolulu; and

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

Whereas the Act of Congress to provide a government for the Territory of Hawaii, approved April thirtieth, 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 legis

chise, ratified.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the legislature of the Territory of Hawaii. Hawaii entitled "An act to authorize W. W. Dimond, his lature grantassociates, successors, and assigns to manufacture and ing gas fransupply fuel and illuminating gas and its by-products in Honolulu," approved by the governor of the Territory April fifteenth, nineteen hundred and three, be, modified, and as so modified is hereby, ratified, approved, and confirmed, and amended so as to read as follows, to wit:

"ACT NUMBERED THIRTY.

Provision of

act.

W. mond author

"An act to authorize W. W. Dimond, his associates, successors, and assigns to manufacture and supply fuel and illuminating gas and its by-products in Honolulu. "Be it enacted by the legislature of the Territory of Wa WitolHawaii, Section 1. That W. W. Dimond, of Honolulu, ized to manuisland of Oahu, Territory of Hawaii, his associates, suc- etc., in Hono cessors, and assigns, or such corporation as he or they lulu, Hawaii. shall cause to be incorporated under the laws of the Territory of Hawaii (he or they being hereinafter referred to

facture

gas,

etc.

Buildings,

Pipes.

Street lamps, etc.

as W. W. Dimond), are hereby authorized and empowered to manufacture and supply gas for use as a fuel, for illuminating purposes, and otherwise, in Honolulu, which, for the purpose of this act, shall be held to include all of that portion of the island of Oahu extending from the westerly limits of Moanalua to the southeastern extremity of said island, and lying to the southwest of the Konahuanui range of mountains on said island.

"SEC. 2. Said W. W. Dimond shall have the right to erect and maintain at such places, within the limits mentioned in section one, as the superintendent of public works shall approve, such buildings, machinery, and appurtenances as may be necessary for the production, manufacture, and storage of such gas, together with its various by-products, as may be required from time to time during the existence of the rights hereby granted.

"SEC. 3. Said W. W. Dimond, for the purpose of distributing such gas for use as by this act authorized, shall have the right from time to time to lay pipes or other conduits for such distribution, in or under the streets, roads, and places in the said district; and whenever supply pipes and mains shall be laid in any block, connections shall be made and pipes shall be laid from said main to the curb line of the street for the purpose of supplying gas to the property holders adjoining such street, and each of such connections shall be provided with stopcocks inside of such curb line: Provided, That nothing herein shall prevent the laying down of additional branches or connections at any time when future requirements render the same necessary. But the methods by which such streets, roads, and places are to be used shall be subject to prior consent and approval of the superintendent of public works, and all instructions and directions made by him shall be strictly followed, to the end that the general public shall be inconvenienced as little as possible; and provided, likewise, that whenever any street, road, or other place shall be excavated and holes or trenches made therein for laying, maintaining, replacing or repairing such pipes, conduits, or connections, such holes or trenches shall be safeguarded and refilled as soon as possible, and the pavement, if any, and such street, road, or place shall be replaced in good order and condition: Provided, That if such repair or restoration shall not be made to the satisfaction of the superintendent of public works within a reasonable time, whereof he shall be judge, he may cause it to be done at the expense of the said W. W. Dimond.

"SEC. 4. Said W. W. Dimond shall also have the right to erect and maintain lamp-posts or other appliances for lighting streets, roads, or other places, and of connecting the same with the supply pipes: Provided, That such use of said streets, roads, or other places shall first be approved by said superintendent of public works: And provided further, That if said W. W. Dimond shall manufacture and supply illuminating gas, as well as gas for

fuel, and shall erect lamp-posts as aforesaid, he shall, on requisition of the superintendent of public works, furnish free of cost gas for fifty street lights, and thereafter shall each year furnish five more in addition to the number furnished the preceding year.

"SEC. 5. Said W. W. Dimond shall also have the right Meters, to maintain and use gas meters or other means for measuring the amount of gas used from time to time and in such places as may be deemed necessary, and to operate the same for all purposes connected with the use of such gas, and shall also have the right to charge, receive, and collect from all consumers of gas such reasonable prices as he or such persons or corporation may from time to time fix and determine, but not at any time to exceed two dollars and twenty-five cents per thousand cubic feet, with a discount of ten per cent on all payments made within ten days after due and demanded, and shall also have the right to charge consumers or intended consumers of gas for the cost and expense of making connections between the mains and premises where such gas is to be used, and may include also the price for all connecting pipe, gas fixtures, and other material necessary: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at all times and upon the petition of any consumer or the said W. W. Dimond, his associates, successors, or assigns, or of such corporation 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. 6. Said W. W. Dimond shall also have the right Cutting off to cut off the supply of gas from any consumer who shall supply. refuse or fail to pay amounts due for gas so supplied by the said W. W. Dimond, within such reasonable time as may be fixed for payment of the same; but such cutting off shall not prevent the said W. W. Dimond from using any remedies now or which may hereafter be authorized by law for collecting debts.

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ers.

SEC. 7. Said W. W. Dimond may erect and construct General powall buildings, machinery, and other appurtenances necessary to the operation of the rights hereby granted, and may maintain and operate the plant necessary to the enjoyment of the rights hereby granted, either personally or in connection with others as partners; or the rights, powers, and authorities hereby granted may be assigned to other persons, or to a corporation to be by him or them incorporated under the laws of the Territory of Hawaii, but in all cases, by whomsoever the rights, powers, and authorities hereby granted shall be exercised, such exercise and operation shall be in such manner as to cause the least inconvenience to the public, and he or they shall, in such use, provide fuel and illuminating gas of the best quality obtainable, which quality shall be subject to the control of such reasonable rules and regulations as the superintendent of public works shall from time to time

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