Page:United States Statutes at Large Volume 33 Part 1.djvu/321

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1406. 1904. 233 tin days after due and tdemanded, and shalg also have the right tg c arge consumers or in en e consumers o gas for the cost an expense of making connections between the mains and premises where such gas is to be used, and may include also the price for all connecting pipe, gas fixtures, and other material necessary: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at_all times an upon the petition of any consumer or the said W. W. Dimond, his associates, successors, or assigns, or of such corporation to hear and determine from time to time what rate or rates are reasonable, and to enforce the same by appropriate judgment or decree. “Sec. 6. Said W. W. Dimond shall also have the right to cut off °"*"”¥°““"¥’P‘Y· the supply of gas from any consumer who shall refuse or fail to pay amounts due or gas so supplied by the said W. W. Dimond, within such reasonable time as may be fixed for payment of the same; but such cutting oil` shall not prevent the said W. W. Dimond from using any remedjiesb now or which may hereafter be authorized by law for co ectin e ts. _ “ Sec.%. Said W. WV. Dimond may erect and construct all buildings, G°’*°’“lP°"°”· machinery, and other appurtenances necessary to the o eration of the rights hereby granted, and may maintain and operate the plant necessary to the enjoyment of the rights hereby granted, either personally or in connection with others as partners; or the rights, powers, and authorities hereby granted may be assigned to other persons, or to a corporation to be by him or them incorporated under the laws of the Territory of Hawaii, but in all cases, by whomsoever the rights, powers, and authorities hereby nted shall be exercised, such exercise and operation shall be in suchmmanner as to cause the least inconvenience to the public, and he or they shall, in such use, provide fuel and illuminatixgas of the best quality obtainable, which quality shall be subject to e control of such reasonable rules and regulations as the superintendent of public works shall from time to time deem necessa for the protection of the public, and the buildings and machinery, with all appurtenances, to be erected, and general plant to be maintained in connection therewith, together with the offices, books, and accounts of the said persons or corporation shall be open to examination and inspectiion at all tiucms by Ehe superintendent of public works or his agent uly authoriz for t at u1 ose. “ Sec. 8. It is further provided that the rights hereby granted shall u"‘i"‘°°“" cease and determine, if operations hereunder are not commenced by beginning the construction of buildings or other works for manufacturing or supplying such gas, or by laying pipes or other conduits in any of such streets, roads, or places wit in one {ear from and after the passagle of this act, or within one year after the franchise hereby granted s all be approved by the Congress of the United States, should such atpprova be deemed necessary to the legality hereof; and also that suc works shall be in operation and gas shall be suppléed for the purpose of this act within two years after such work has en so commenced: Provided, That the rig ts hereby granted shall not be considered exclusive. "Sec. 9. On the first day of July of each year there shall be paya— G¤¤¤¤¤¤¤¤¤¤¤iv¤· ble to the treasurer of the Territory of Hawaii, for and on behalf of such Territory, two and one—half per centum of the gross receipts of said W'. W. Dimond for all gas furnished to consumers under the terms of this act. “SEO. 10. This act shall take effect from and after the date of its approval. _ _ Approved this 15th day of April, 1903. " Snrronn B. Dom, “ Governor of the Territory of Hawaii."