The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-27

snck wAfe< at sneh pofrts IF the siifxhes
1uzzes OF rseervuirz AZ shah - feasn7e
/ BIZ cnnseaienk % SIKH applieants Ths
wgrd hoEsesseaders II this instrrenl
shall nsesn al persons OF tAeir heirs q
assigns holding lard frazz the ruTernf s4u.
under hozeszead sezses. right Of purrhzss
leases, fr=Ekol1 agreements Puukapz
ieases q special aErxenent< % sase nEdrE
the land aek Of 1855
al other applicants for water who an
n the possession Of Land cpzysnientiy A.
c7ssifsie 10 wssEr from the difnhrs- Eunes.
pipes or reservoirs % the 7isensee SAIL -
equifalsiy supplied b. him. NJ uniform and
reasonable rates for the wster supplied
at each ditch.
ernment shah take al reasonable sreps
and make aIRreasonabEe Efforts 70 preserve
the forests and tTees growing upon said
kohaIa watershed. and particularly shah
construct and maintain estfAepruof fences
on the Unbiased portions Of government
lands. and hereafter upon such severn
ment lands In the said EohaIa watershed
as are now leased Immediately upon the
termination Of such leases and SO long a
they shall remain Unbiased, wherever such
fences may. IN the judgment OF the Com
missioner Of Public Lands. be Necessary
10 protect the forests from cattle. and
shall make all reasonable efforts for the
determination OF all wild animals within
the said forests. and shall make all rea-
sOnable Efforts 70 prevent and exringuish
all forest or bush fires within the said
Eohala watershed
If the Iicensee at any time during the
continuance OF this license shall be unable
because of an insufheiency of water under
its control. to supply all its customers
with the full amount OF water required
By them. then such water as shall at such
time he under the control of the said
lieensee shall be. by arbitration. appor
toned equitablv between the several Gus
toners so long as such inability of the
Iicensee shall continue
All arbitration herein provided for shall
be made BY three disinterested persons.
one selected By the Commissioner of Pub
lie Lands one selected BIZ the licensee.
aud one selected by these two; the decis-
ION of any two to be final and binding up
on the parties inseresrsi. The expenses of
such arbitration shall be divided equally
between the Commissioner of Public
Lands and the licensee
At the end of % years from the date
hereof. the lieensee shall surrender TO the
Territory of Hawaii. all rights acquired
under this license and all Improvements
constructed under the terms hereof by
said licensee, and all rights and improve
ments acquired by him on the lands of
third parties for the conservation. con
veyance. or delivery of the waters from
the lands aforesaid
1t is hereby understood and agreed
that the licensee shall within FIVE years
from this date. organize a CORPORATION
under the laws of the Territory of Ha-
waii, to construct and operate the said
proposed water works. under this license.
which shall be deemed a public corpora
rim boH fl1ara.Yr,av, s,slov. -,
the government of Hawaii and cancel this
license. and that the government of the
Territory of Hawaii shall thereupon issue
to such corporation license of like
tenor herewith, granting to such corpora
ton the same rights as are hereby grant
ed but not extending the beginning of the
said term of 80 years beyond the date
fixed in this instrument, nor extending
the term of construction.
Such corporation shall not be empow-
cred by its charter to enter iuso the bust
ness of buying. selling. leasing or other
wise dealing in land or real estate or of
agriculture. nor shall ii buy sell. or other |
wise deal in land or real estate beyond the |
direct necessities of its business of con-
Quoting the enterprise of developing. !
and selling water and making
the limited use thereof as hereinbefore |
set forth, nor shall it engage in agricul-
ture.
Nor shall an owner or owners of stock |
in the said corporation representing CON
trolling interest therein. engage as a cor
poration partnership. combination or indi- |
vidual. in the business of buying. selling. |
leasing or otherwise dealing in land or
real estate nor in agriculture. in such
parts of North Kohala, on said Island of
Hawaii, as NAV be supplied with water
from the water works of the said corpora
ton.
This license shall be forfeited:
/. If the corporation last above men
toned be not legally formed and organ
'zed within five years from the date here
of.
.. If actual construction shall not be
begun within two years from the date
hereof
within the District of North Kohala
shall not have begun within FIVE years
from said date, or
4. If at any time within the said term
the licensee fails suilstantili,y TO carry
out the stipulations made by him in this
instrument.
1t is hereby understood that where the
words Superintendent of Public Works"
are used in this instrument, in case of
change of government by which the names
of such officials become changed. they
shall apply to such officials as shall repre-
sent substantially the duties and author
tiles respectively of the Superintendent
Of Public Works and Commissioner of
Public Lands.
This license is issued subject 70 the APP
proval of the Secretary of the Interior.
and shall be valid only upon such anurov-
al. and the date of such approval shall be
the date of this license for all purposes.
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Nothing Like Oil.
in dealing with man. remember t.sat
a ffr1 -