The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-04-18
THE SENATE
Confined from Page ~

Continued from Page ~
1''Section 8. This section provides
that the Superintendent of Public
Works shall furnish to said company
within thirty days (after applied for)
! the grade and pfofile of any street UNI
der which the company desires to lay
its conduits. The section also pro-
vides that the company shall not there
after be required to alter the same.
| The committee believes that the COM
pany should change its conduits as
may be required for the public neces-
sites, and therefore recommends that
| by striking out the entire section and
! inserting the following, which is the
law governing the Rapid Transit Com
pany in the matter of street grades.
| viz:
"Section 5. The said Standard
Telephone Company before laying its
conduits or otherwise disturbing any
of the streets or roads of the island
of Oahu, shall ascertain the lawful
| grade of such streets or roads from the
Superintendent of Public Works, who
shall furnish the required information
| within reasonable time.
"The conduits or other equipment
of the SAID company which affect the
surface of the public streets or roads
shall conform to the grades of said
streets or roads on which they are laid
down, as furnished by the Superin-
tendent of Public Works or other of
fcer duly appointed by him, and the
said Standard Telephone Company
shall not in any way change or alter
the same without the written consent
| - d.
| Works. And the Territory of Hawaii
reserves further the right to change
and alter the line and grades of it's
streets at any time and the said
Standard Telephone Company shall at
their own cost within sixty days con-
form to such new lines and grades in
reconstructing its surface equipment or
conduits upon receiving notice in writ
ing from the Superintendent of Public
Works, and such changes shall be
made subject to the approval of the
Superintendent of Public Works. And
in all cases of street improvements by
the Territory Cor county, the said
Standard Telephone Company shall
conform to all such improvements as
directed by the Superintendent of
Public Works. In case of neglect by
said Standard Telephone Company to
make such repairs, changes or I'm.
provements required of it by this sec
ton, they shall be made by the Ter
ritory, and the cost of such repairs,
changes and improvements shall be re-
covered by the said Territory from
the said Standard Telephone Company.
DOUBTFUL PROVISION.
"Sections 10 and IL. These sec
tions clearly give the company the
right of eminent domain; the right to
go over, across and under the prop
erty of private individuals. AS to
whether it would be possible for tele-
) phone company to equip and operate
without this right is a question, and
it may be that to eliminate this right
would make the plans of the company
impossible. The committee therefore
make no recommendations upon this
feature Of the bill, leaving it to the
Senate to determine as to whether it
, is wise to grant such a right.
"Section IL. The committee rec
ommends that Section II be struck out
!, as the government should reserve the
5 right to regulate in the future.
e Section 15A. The committee rec
ommend adding the, following after
Section Is, to be called Section 15A
viz: Section 15A. In case of pur-
g chase, lease or requirement of the
/ property of any other telephone com,
pany as provided in Section 10 of this
act by the Standard Telephone Com
, pany, then and in that case the tax
, provided for under Section Is of this
: act shall be paid to the Territory from
the date of such purchase, lease OF
requirement.
"The committee recommends that a
new section be inserted to be called
Section 10, as follows: Section 10
Such portion of the general telephone
system required for general public
service as is to be operated in under
7 ground conduits, and within one-half
, mile radius of the point designated
in Section of this act, shall be com
pleted and in operation within two
years from the date that this act is
r approved by the Congress of the
United States; and if the said Stand
, ard Telephone Company or any Other
person or corporation claiming under
this act shall fail to comply with the
provisions of time limitation as ex
pressed in this section, then and il
that case all rights under this act
shall be forfeited, and the privileges
: hereby granted shall forthwith ceas,
and determine.
COST OF SERVICE.
"The committee recommends a new
b section to be called Section II. viz.
a Section II. Any person using the tele