The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-15

| taken for railroad purposes II upoI
! the hearing of said appeal the judg-
ment OF the court shall be for larger
sum than the award of the referees
the cost of said appeal shall be ad-
judged against the railway company
| If the judgment OF the court shall be
for the same sum as the award OF the
IefereeS, then costs shall be adjudged
| against the appellant. If the judgment
of the court shall be for smaller sum
| than the award of the refeeS, then the
| costs shall be adjudged against the
| party claiming damages. When pro-
| ceedings have been commenced in
court, the railway company shall pay
| double the amount of the award into
count to abide the Judgment thereof,
and then have the right to enter upon
! the property sought to be condemned
| and proceed with the construction of
the railway.
Sec. 4.-That Congress hereby re-
serves the right to regulate the charges
for freight and passengers on said rail-
way, and messages on said telegraph
and telephone lines, until a State gov
eminent shall exist in said Territory
within the limits Of which said rail
way, or part thereof. shall be iocat-
ed, and then such State government
shall be authorized to fix and regulate
the cost OF transportation OF persons
and freightS within their respective
limits by said railway but Congress
regulate at all times the cost of said
transportation by said railway: Pro-
vided, That said railway company shall
carry the mail at such prices as
Congress may by law provide.
and until such rate is fixed
by law the Postmaster General may
fix the rate of compensation. Said rail-
way company shall have the right to
survey and locate its railway immedi-
ately after the passage of this act.
Sec. 5.-That said company cause
maps, showing the route of its located
line through said Territory, to be filed
IN the office of the Secretary of the In
terror, through whose lands said rail-
way may be located, and after the fill
ing of said maps no claim for sub
Sequent settlement and Improvement
upon the right of way shown by said
maps shall be valid as against said
company: Provided, That when a map
showing any portion of said railway
company's located line is filed as herein
provided said company shall commence
grading said located line within twelve
months thereafter, and said location
shall be approved by the Secretary of
the Interior in sections of % miles be-
fore construction of any such section
shall begin.
Sec. 6.--That the officers, servants,
and employees of said company neces-
sary to the construction and manage
ment of said road shall be allowed to
reside, while SO engaged, upon such
right of way.
Sec. THAT the United States Court
of the Territory of Hawaii and such
other courts as may be authorized by
Congress shall have, without reference
to the amount in controversy concur
rent jurisdiction over all controversies
arising between the said Hawaii Rail- |
way Company and citizens through
whose territory the railway shall be |
constructed. Said courts shall have
like Jurisdiction. without reference to
the amount In controversy. over all
controversies arising between the in
habitants and said railway company.
Sec. S.-That said railway company
shall build it's railway in said Territory
after the approval of its map of loca-
ton by the Secretary Of the Interior |
at earliest possible time or the rights |
herein granted shall be forfeited as to |
that portion not built; that said rail- |
way company shall construct and MAIN |
tain all road and highway crossings |
and necessary bridges over said rail- |
way wherever said route and highways |
do now or may hereafter cross said |
railways right of way. or may be by 4
the proper authorities laid out across
the same.
Sec 9.-That all mortgages executed
by said company conveying any por-
ZION of its railway. with it's franchises
that may be constructed in said Hawa- !.
nan territory snail De recorded In the
Department of the Interior, and a rec
ord thereof shall be evidence and no 4
tice of their execution and shall con- |
Eey all right. franchises, and property
# said conDany as therein expressed.
Sec. 10.-That Congress may at an
line amend, add to, alter or repeal this ,
act; and the right of way herein and
hereby granted shall not be assigned
,r transferred in any form whatever
PRIOR to the construction and compile
ION of the road, except as to mort 4,
RACES or other liens that may be given
II secured thereon to aid in the con-
truction thereof.