Page:United States Statutes at Large Volume 34 Part 1.djvu/341

 F IFTY—NINTH CONGRESS.· Sess. I. Ch. 3441. 1906. 31] at any time, and the said Standard Telephone Com any shall, at their own cost, within sixty days conform to such newllines and grades in reconstructing its surface equipment or conduits upon receiving notice in writing from the superintendent of public works or other officials or boards having charge of said streets or roads, and such changes shall be made subject to the approval of the said officials. And in all cases of street improvements by the Territor, county, or munici lity, the said Standard Telephone Company shall conform to allm such improvements as directed by the superintendent of public works or other officials or boards having charge of said streets or roads. In case of neglect by said Standard Telephone Company to make such repairs, changes, or improvements required of it by this section, they shall be made by the Territory, county, or municipality which maintains said streets or roads, and the cost of such repairs, changes, and improvements shall be recovered from the said Standard Telephone · JOH]paHy. LLSec. 6. The said Standard Telephone Company (Limited) shall P°l¤¤· °**=· erect and maintain its poles and lines so as not to unnecessarily interfere with the public use of the streets, alleys, lanes, and highways, and wherever its lines are laid underground shall cause all excavations to be immediately filled upon the completion of such work, and the streets, alleys, lanes, and highways restored to the condition in which they were before such excavations were made. "‘Sr;c. 7. The said Standard Telephone Company (Limited) shall R°P¤**'¤- have the right at all times to construct and repair its underground or overhead wires or appliances by them required in the construction, equipment, operation, and maintenance of said telephone system, and to lay, maintain, and operate such additional underground or overhead wires as the business of the mid Standard Telephone Company (Limited) may require. "Smo. 8. The said Standard Telephone Company (Limited) shall R“*°’· from time to time make such rules and regulations for the government of its affairs, not inconsistent with the laws of the Territory of Hawaii, as will protect it from loss, misuse of its instruments, or abuse of its service. " Sec. 9. Any person willfully and maliciously doing any of the fol- j“f_Qg_f*;Qcf*°° *°' “" lowing acts, to wit: Obstructing the free communication of intelli- ` gence, message, conversation, or tadpping the lines of the said Standard Telephone Company (Limited); efacing, marring, or injuring the poles, wires, or other appliances used in operating, using the poles, fences, houses, or other property, without consent, for advertising purposes, or in any other manner inflicting injury to the property, or causing annoyance and embarrassment in the enjoyment of its property, rights, or franchises to the said Standard Telephone Company (Limited) shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by line not exceeding fifty dollars or by imprisonment not exceeding a term of three months. or, upon a second or further conviction, by both such fine and imprisonment. “‘Si·;c. 10. Whenever it shall be deemed necessary that the rights of R*¤**'·‘* °*"°Y— way over private property should be taken by the said Standard Telephone Company (Limited) und the SalI1B can not be acquired by fourchase for a reasonable or fair compensation, the said Standard elephone Company (Limited) is hereby authorized and empowered to take such places or property to the extent only of the actual amount necessary for the said right of way in the manner hereinafter provided: Provided, however, That this act shall not be construed to allow the said Standard Telephone Company to condemn the equipment of any other electric or telephone company. _ _ “Sec. 11. lf the person, persons, association or corporation owning Condemnation such property does not consent and agree to the use required, and to