Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-08-21

subject to the approval Of the gov
ernOr. shall have the power. from
time to time 10 revise and reduce the
rates of fare promulgated under this
Act or by the association.
Policemen, firemen, and letter car
= riers, when on duty and in full uni
form, shall be entitled to free passage
over any OF the lines OF the railway.
The association. its agents, and en-
ployes in charge OF any car may re-
: fuse passage to any person or persons
who refuse to pay the lawful fare, to
any drunken, disorderly, or diseased
person or persons, or Migrants or
criminals. and may eject with force.
If necessary, any such person or per
sons from the car.
II the association, or any agent or
emplOye thereof, shall demand or
charge a greater sum Of money for
fare on the cars of the association
than that fixed by this Act the asso-
citation, such agent, or emplOye shall
forfeit to the person thus overcharged
the sum of not more than one hun
dred dollars nor less than twenty-five
dollars, to be recovered in a civil &C
ton in any court having Jurisdiction
thereof.
Regulations.
Sec. 8. That the association, with
the approval of the governor, shall
make reasonable and just regulations
| regarding the operation of the rail-
way, and on failure of the association
to make the same within a reason
able time after the receipt of written
notice from the governor so to do
the board, with the approval Of the
governor, may make such regulations.
| All regulations may be changed from
time to time as the public interests
may demand, at the discretion of the
governor.
! If at any time there shall be con-
stituted by or with the authority Of
the Congress of the United States a
public utility board, for the regula-
ton of public utility corporations in
the Territory of Hawaii, the power
of making the regulations given by
| this section shall be vested in said
/ board
The cars lawfully occupying and
4 using the railway shall have the right
Of way upon it's tracks, with due re-
gard and warning to other vehicles
and to pedestrians, except that in case
of fire such right shall yield to fire
engines and patrol, and in cases of
emergency to the police authorities.
Sec 9. That the entire plant, sys-
| TEN, tracks, rolling stock, poles, wire,
conduits, and other apparatus of the
/ association shall at all times be sub
| lect to inspection by the board or its
representative designated for that
| purpose.
Forfeiture of Franchise.
Sec. H.-That whenever the asso-
citation refuses or fails to do or per-
form or comply with any act, matter,
or thing requisite or required to be
done under the terms of this Act, and
shall continue so to refuse or fail to
do or perform or comply Herewith
after reasonable notice given by the
governor to comply Herewith, unless
other provision is herein, specifically
made, the board shall, with the con-
sent of the governor and the attorney
general, cause proceedings to be in
stituted before the proper tribunal'to
have the franchise granted by this
Act, and all rights and privileges
granted hereunder. forfeited and de-
clared null and void.
Sec. Is. That the rights, privileges.
and franchises hereby granted to the
association shall continue until the eX-
piration of the term of fifty years
from the date of the passage of this
Act by the Congress of the United
States, subject only to. the limitations
in this Act contained.
Sec Is. That all property of every |
kind and nature forming or used as
a part of the railway and power sys
tenn of the association, including this |
franchise, shall be exempt from any |
and all taxation under the laws of the !
Territory of Hawaii until the eXpira |
tioS of ten years from and after the |
massage of this Act by the Congress |
of the United States.
Financial Limitations.
Sec. II. That the assoc iation shall. |
within one month after the expiration |
of each calendar year. file with the |
%oard detailed statement showing |
al! of it's receipts and expenditures
during the preceding calendar year; /!
and all of it's books, papers. records. |
and accounts shall. at all reasonable |
times. be open to inspection by the |
governor, the board and their respec-
tive agents appointed for such pur-
pose.
The association shall not issue |
stock in excess of the amount paid to
it therefor in cash and fifty thousand |
dollars additional, nor shall it issue
bonds at less than ninety per Centum
Of their mar value; and the entire pro-
Ceeds of its stock and bonds shall be
applied to capital expenditure.
Payments to County.
The association may pay, out of any
earnings available for the purpose aft
er paving its expenses of operation
and maintenance, interest and sinking
frnd on its bonds. and any other eX-
penses properly payable out of the
earnings. cumulative dividends upon
its stock at the rate of eight per cent