Page:United States Statutes at Large Volume 35 Part 1.djvu/628

 O SIXTIETH CONGRESS. Sess. II. Ch. 80. 1909. 611 '“Sec. 12. It is hereby expressly provided that nothing herein contained shall be so construed as to grant the company an exclusive right to ofiérnish, seg, or sgpply electric light and power. ‘ no. 13. e said com any shall within one month after the expiration of each year, file with) the supeiintendent of public works a statement showing] the gross receipts from the sale of electric light and power furnis ed by the company, and shall at the same time pay_to the gpperintendenfg of pplblig works? ox: per centum of the ggoss receipts of e com ny om e ectric ig t or power furnishe to consumers during 5; year recedin . “Sec. 14. ThE act shaIl go into eifect and be law from and after the date of its approval by the governor of the Territory of Hawaii, subject, however, to the approval of the Congress of the United States, such apprriyal tobe secured within five years from the date of this act becoming w. "SEc. 15. That Congress, or the legislature of the Territory of Hawaii with the approval of Congress, may at any time alter, amend, or repeal said act. - " Approved this 1st day of May, A. D. -1907,66 R C .. Ancr "Governor of the Territory of Hld]waii.” Sec. 36. That the i/Vahiawa Water Company (Limited), a corpora- cwnhinwn Wap; tion organized under the laws of the Territory of Hawaii for the g§?°&°€,y€§'}L'u§h purpose of ipdgadgnhmhanggsbhemby, gxilanted the pgpt of way lt'"? '“°"'“°“· through the an so e ni `tates to the extento the groun - · oocu ied by the water of the reservoirs and canals of said com ny and their laterals, and fifty feet on each side of the marginal liiiiits thereof, including that portion of said company’s irrigation works located within the limits of the military reservation made by the order of the President July twentieth, eighteen hundred and mnety-nine, setting aside a_portion of Waianae _ ka, in the island of Oahu, TCI;!`]-' as if “·*rr;..;·;*.:d.3:. 29:;**:.iSL.:2.;h:.r“2;::,P;£:;: 0*.2**.:1:; epa men e e -, a August tenth eighteen hundred and ninety-nine and including also the right to take from the lands of the United States adjacent to the line of the canals earth and stone necessary to the construction thereof, the said reservoir sites, canals, and laterals, and waterways being now occupired under an outstanding lease from the former authogties of said erritory to said company and so recovnized in said `enera Orders: Provided, That the plans for the worlis herein proposed shall {,]’ggf_f°°· be submitted to the Secretary of War for approval, an shall be carried out in conformity to such regulations in respect to maintenance and operation as he shall prescribe: 1’rm:uZed aku, That the servitude e,;'Qlf’,f§{“,f,'f,‘,‘f,}{§,’,?P“· herein granted shall not prevent the movement of troops over the said right of way, and when the movement of field arti] eiiy and wagon , trains i.· impeded or prevented due to the use of gulc es for water storage by said company, bridges suitable for the passage of troolps, artillery, and wagon trains across said gulches, with suitab e approac es thereto, shall be provideddby said company phen required by the (pecretary of \ ar, said bri ges and ap roac ies to be coustructe _ in accordance with plans approved by the Secretary of lVar: P1;0z·zded further, That during the occupation of said military reservation by 8,K°{fgQ_ *0* "‘”’¥’“~ troofs the said company shall furnish, free of charge, all thelwater H m po 9 ew ee ed for ost or encampment purposes and in case an e ectrxc “ ° “' '* · D wer plant is erected by said com ny, itlwill furnish power to the Uonited States, if required, and, if it bg obtainable without interference with the irrigation supply, at not to exceed one cent per kilowatt hour, measured at the dynamos.