Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-09-17
LICENSE PREPARED FOR
IRRIGATION SCHEME
Continued from page IL

II the licensec AT any time during
the continuance Of this license shah
be unable because Of an insufficiency
Of water under It's control to supply
oil its customers with the full amount
OF water required by them. then such
alter as shall at such time be under
the control OF the said licensee shall be
by arbitration apportioned eQuitably
between the several customers so long
as such inability Of the licensec shall
continue.
All arbiration herein provided .or
shall be made by three DISTINGUISHED
persons. one selected by the Commits.
sioner Of Public Lands. one selected
by the liccnsec and one selected by
those two: the decision of any two to
be final and binding upon the parties
interested. The expense of such arbi.
trations shall be divided equally be.
tween the Commissioner of Public
Lands and the licensee.
At the end of ninety-nine years from
the date hereof the licensec shall sur.
render TO the Territory of Hawaii all
rights acquired under this license ana
all improvements constructed under
the terms hereof by said liccnsce. ana
all rights and improvements acquired
by him on the lands of third parties
for the conservation. conveyance, or
delivery of the waters from the lands
aforesaid. =
II Is hereby understood and agreed
that the licensee shall within five
years from this date organize corpor.
alton under the laws of the Territory
of Hawaii to construct and operate the
said proposed water works under this
license, which shall be deemed a pub.
liz corporation, and shall thcreurOn
surrender to the Government of the
Territory Of Hawaii and cancel tbs
license, and that the Government OF
the Territory of Hawaii shall there.
upon issue to such corporation II.
censc OF like tenor herewith. granting
to such corporation the same rights
rs are hereby granted, but not ek.
tending the beginning of the said
term OF ninety.nine years beyond the
date fixed in this instrument nor cH.
tending the term of construction.
Such corporation shall not be en-
pIw ered by its charter to enter int,
the business Of buying and selling ur
otherwise dealing In real estate or OF
agriculture, nor shall II buy or sell or
otherwise deal In real estate beyond
IN" direct necessities Of its business
or conducting the enterprise of deyel.
oping, conserving. conveying and sell.
Ing water, and making the limited use
thereof AS hercinbefore set FORTH nor
engage In agriculture.
Nor shall an owner or owners OF
stock In the said corporation repre-
senting a controlling interest therein,
engage as corporation, partnership.
combination OF individual, in the bust.
ness OF buying and selling or otherwise
dealing In real estate. or In agric',I.
ture, In such parts of North KOhala,
South kOhala and Hamakua on said
Island or Hawaii, az may be supplied
with water from the water works of
the said corporation.
This license shall be forfeited:
ID II the corporation last above
mentioned be not legally formed anal
organized within I'VE years from the
date hereof.
! CD II actual construction shall not
be begun within two years from the
date hereof.
CD II delivery of water to custom.
ers within either the District OF North
kohala or the District of Hamailua
shall not have begun within five years
from said date. or
"a II at any time within the said
term the licensee fails substantially to
carry out the stipulations made by him
In this instrument.
II Is hereby understood that where
the words superintendent OF Public
Works" and Commissioner of Public
Lands" are used In this instrument the
agreement, In case of a change IF gov.
eminent by which the names of such
officials became changed, they shall
apply to such officials as shall repre-.
sent substantially the duties and au.
thorities respectively of the Superin.
tendent OF Public Works and the Com
missioner of Public Lands.
This license Is issued subject 10 the
approval of the Secretary of the Int.
rior and shall he valid only upon such
approval, and the date OF such APPROX.
al shall be- the date Of this license fur
all purposes,
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