Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-04-14

thereof thereof shall be
shed by fine not exceeding One Hundred Dollars by i'm
prisonmen not exceeding six MONTHS provided however, that
nothing herein contained shall be deemed to affect the right of
the Association by action law, damages for
injury done by such unlawful action.
SECTION IA. Whenever the Association refuses fails to do
perform comply with any matter thing requisite
required to be done under the terms of this Act and shall
continue so to refuse or fail to do or perform or comply there
with after reasonable notice given by the Governor comply
herewith unless other provision is herein specifically made the
Board SHALL with the consent of the Governor and the Attorney
General proceedings to bc instituted before the proper
tribunal have the franchise granted by this Act, and all
rights and privileges granted Hereunder forfeited and declared
null and void
SECTION 15 The rights, privileges and franchises hereby
granted to the Association shall continue until the expiration
of the of fifty years from the date of the approval of this
Act by the Congress of the United States only the
limitations i'll this Act contained.
SECTION 49, All property Of every kind and form
ing used part of the railway and power system of the
Association including this franchise shall be exempt from any
and all taxation under the laws of the Territory of Hawaii
I'll the expiration of ten years from and after the approval of
this Act by the Congress of the United States.
SECTION II. The Association shall within month after
the expiration of each calendar year file with the Board de-
tailed statement showing all of its receipts and expenditures
during the preceding calendar year. and all of its books papers,
records and accounts SHALL all reasonable times be open
inspection by the Governor the Board and their respective
agents appointed for such purpose.
The Association shall issue stock shall it incur in
debedness to an amount in of the actual of its
The Association shall pay each year County of Ha
wall or such other political division the Legislature shall
from time to time indicate, amount equal to the amount if
which shall pay in dividends of eight per
for that year upon its capital stock and any event. shall
pay each year. after ten from the approval of this Act
by Congress- not less than cent of its gross receipts
SECTION IS. This franchise may any time be amended
repealed by the Congress of the United or by the Leg
aure OF the Territory Of Hawaii with the approval of the Con-
of the United States and the rights privileges pow
er by this Act conferred shall be construed be exclusive
SECTION 10. The Territory Hawaii the County of Ha
wa any political subdivision thereof within Or including
the District of South Hilo may any time after the expra
ton of twenty years from the date of the approval this Act
by the Congress of the United States and upon months
ce in writing the Association given pursuant to proper
authority, acquire by purchase all the property the Assoca
ho subject to the then existing charges thereon The
to be paid to the Association for such purchase shall be dee
ined by commission of three persons be appointed by
the Association, 1t should fail to do within thirty
days after requested do by the purchaser then Chief
Justice of the Supreme Court of Hawaii by the purchaser
and the third by the two so appointed or in case bcv should
fail to upon the third member within thirty DAYS then
by said Chief Justice but such shall in exceed
the actual cost of the property and twenty per addition
thereto less the charges thereon
Either the Association the purchaser may appeal to the
Supreme Court of Hawaii from the decision such commission
by filing written notice of appeal with the commission within
five days after the decision is rendered shall theup be
the duty of the commission Immediately certify up to the
Supreme Court the record of its proceedings showing such
certificate the valuation claimed by the Association the vaa
ton claimed by the purchaser and the valuation determined
by the commission Such certificate shall be accompanied by
copies of all papers, documents and evidence upon which the
decision OF the commission based and copy such de-
cision Upon such appeal the Supreme may in its
behalf take require further evidence be introduced by
either party.
Within six months after the determination of the purchase
price as aforesaid the shall be paid the Association
SECTION 90 This Act shall go and be law from
and after the date OF its approval by the Governor of Terri
tory OF Hawa subject however, the approval of the Con-
gess OF the United States such approval secured within
four years from the date Of this Act becoming law
Approved this 9th day of April, A. D. 1911
WALTER F. FREAR,
Governor of the Territory of Hawaii.