Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-04-06

promptly and duly paid over to the Ii
censor, or his successor in office
without commission, rebate or charge
save as aforesaid
g. The gist of this .indenture, being
the proper aid and assistance of the
government TO the parties or persons
known as hOmesteaderS, holding lands
from the government under the laws
regulating homesteads which may re
quire water for the production OF
crops, as well as facilities for the
transportation of croEs and supplies
il is further agreed by and between
the parties hereto that all reservoirs
or dams, water bitches, Pipe lines
tunnels, fumes or other contributories
within the limits. heretofore named
and described, and being the property
of or belonging to the said govern,
ment, or that may become the prop
erty of the government by reason OF
reversion, or otherwise. during the life
of this license, shall be and are here.
by declared to be of and a part of the
property, real, personal or mixed, here
by set over and placed in the charge
of the said Licensees for and during
the time or life of this license, but
without ownership, title or response.
bility for payment, rental, or taxation,
save as described and set forth herein.
Z. And in order to still further pro-
vide for the transportation of the said
crop or crops of the said homestead
ers and others, and for other good
and sufficient reasons, il is hereby
further agreed by and between the
parties hereto that in consideration
of the agreement on the part of said
Licensees to construct and operate a
railway from a wharf or landing place
in Anaflola Bay, being part and por-
tion of the said Ahupuaa of Anahola
and belonging to the government, and
running through the land or lands,
on the said island of Kauai, the said
Licensor, in further consideration of
one dollar to it paid, the receipt of
which is hereby acknowledged, doth
hereby grant unto the said Licensees
a license to take possession of and
to hold and use, subject only to the
existing rights of others, any and all
railways, railway tracks, switches,
turnouts, crossings, culverts, railway
bridges, cattle guards or accessories
of or belonging to any and all railways
or railway lines being upon the gov
eminent land or lands within the
boundaries heretofore named, and be-
longing to the government or that
may become the property of the gov
eminent, by reyersion or otherwise,
for or during the term or life of this
indenture, as well as a license and
right to take possession of and to hold
and use any land or lands in quanti-
ties or strips not exceeding one hun
dred (100) feet wide, belonging to
said government and situated within
said boundaries, subject only to exist
ing rights of others, as may be desired
or be found necessary for rights of
way or other railway purposes, at and
indenture, but without ownership,
title or responsibility for payment,
rental or taxation, save as described
and set forth herein.
s. 1t is hereby agreed by the parties
hereto that the rights and privileges,
as well as responsibilities, given to
and accepted by the Licensees herein
named shall extend to and include
their successors who may be named
and appointed as follows: At the will
and pleasure of any one ~ of said
see may name to the said Licensor a
successor; or, upon the death or
change of residence, or absence for
over twelve (12) months, of any Lii
censee without having so named a
successor to the said Licensor, the
balance of the Licensees may name q
successor or successors to the said
Licensor, and he, the said Licensor,
shall and viii approve the change
without delay in order that the duties
of the said Licensees may not be in
terfered with.
8. 1t is further agreed by and be-
tween the parties hereto that there
shall always be an even number of
Licensees, and that where division
of interest, sentiment or opinion may
and shall prevent agreement upon any
question or matter concerning the
rights, duties or business of the IL
cense hereby granted, decision shall
be left to the official then holding the
position OF Commissioner of Public
Lands, as being the person most like
ly to have the greatest interest and
best judgment therein. .
10. 1t is hereby agreed and under
stood, by and between the parties
hereto, that in all and every matter
and thing, and in each and every H.
cense, right or privilege granted by
the Licensor to the Licensees, the said
Licensees are to be and shall be con-
sidered as the Agents of the Licensor
and be only responsible financially to
the said Licensor for moneys received,
less advances and interest, expenses
and charges paid out and due as here
in provided, and that where any money
or revenue is or may be received an
account Of or for tho IJco of any rvotor