The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1921-03-25
Gas and Electric
Company at Kahului

Continued from Page One.)
ton of each calendar year there shall
be payable to the treasurer of the
County of Maui, for and on behalf of
said county, two per centum of the
gross receipts of the association for
all gas and electric current furnished
to consumers under the terms of this
act during the preceding twelve calen-
dar months.
Section II. The association shall,
within one month after the expira-
ton of each calendar year, file with
the board of supervisors a detailed
statement showing all of its receipts
and expenditures during the preceding
calendar year.
Section IL. This franchise may at
any time be amended or repealed by
the Congress of the United States or
by the legislature of the Territory of
Hawaii with the approval of the Con
gress of the United States; and the
rights, privileges and powers by this
act conferred shall not be construed
to be exclusive.
Right of Purchase
Section Is. The Territory of Ha-
waii, the County of Maui, or any poll
teal subdivision thereof. within or in
Guiding the district of Waikiki and
Makawao, may at any time after the
expiration of twenty years from the
date of the passage of this act by the
Congress of the United States, and
upon six months notice in writing to
the association given pursuant to pro
per authority, may acquire by pur-
chase all the property of the associa-
ton, subject to the then existing
charges thereon. The amount to be
paid to the association for such pur-
pose shall be determined by a com
mission of three persons, n to be
appointed by the association, or, in
case ii should fail to do SO within
thirty days after having been request
ed to do so by the purchaser, then by
the chief justice of the supreme court
of Hawaii, one by the purchaser, and
the third by the two so appointed; or,
in case they should fail to agree upon
the third member within thirty days,
then by said chief justice, any action
by the chief justice to be taken only
after giving to each party notice and
an opportunity to be heard; but such
amount shall in no case exceed the
actual cost or the actual value of the
tangible property or the actual cost of
lCDlO uuNilOh vi ltplibllS II, 700 w
probation and less the charges there
on. The value of the franchise or good
will or any other intangible element
shall not be considered in determin
ing the amount to be paid.
Either the association or the pur-
chaser may appeal to the supreme
court of Hawaii from the decision of
such commission by filing a written
notice of appeal with teh commission
within five days after the decision is
rendered. 1t shall thereupon be the
duty of the commission Immediately to
certify up to the supreme court the
record of it's proceedings showing in
such certificate the valuation claimed
by the association, the valuation claim
ed by the purchaser, and the valuation
as determined by the commission
Such certificate shall be accompanied
by copies of all papers, documents
and evidence upon which the decision
of the commission was based and a
copy of such decision. Upon any such
appeal the supreme court may in its
behalf take or require further evidence
TO be introduced by either party.
Within six months after the deter
mination of the purchase price as
aforesaid the same shall be paid tC
the association, and thereupon the
franchise granted hereby shall ceas
and determine, and all the property
of said association shall become the
property of such purchaser without
any further conveyance; but said as
ISOLATION shall make all such further
conveyances as may be desired by the
purchaser and approved by said com
mission or said court of appeal.
This franchise and the holders thereo
shall in all respects be subject as Il
reasonableness of rates, prices, anC
charges and in all other respects t.
the provisions of the laws of the Ter
ritory of Hawaii creating a public
utilities commission for the regulation
of public utilities in the Territory o
Hawaii.
Section IA. This Act shall take
effect upon the date of its approval.