Page:United States Statutes at Large Volume 37 Part 1.djvu/260

 SIXTY ·SECOND CONGRESS. Suse. II. Ch. 254. 1912. 237 First. The reasonable expenses of maintenance and operation of °P¤¤°¤- the ditch and other plant and appurtenances. Second. Interest on any bonds issued to procure money with which ¥¤¤¤¤ ¤¤ ¤¤¤¤¤ to comtruct the ditch an other plant and ap urtenances at a rate not to  six per centum_ per annum, paya lg semiannually. Third. Anannualsinhqgfundtoredeemallofsuchboudswithin ¤*¤*‘*¤¢¥¤¤°- the term of the lease and ranchises hereby granted. Fourth. Dividends on the capital-stock issue of the Ditch Com any m"°”°‘ at a rate not to exceed esght per centum upon the actual cost og the ditch and other plant an appurtenances. Sec. 16. That if at any time the income of the Ditch Company shall B°°"°°°°°‘ "°" exceed a sum sufficient or the purposes aforesaid the rates for water and such power shall be reduced to an estimated figure, approy ed by the governor, which will roduce an income in compliance with the provisions of the section last aforesaid. Sec. 1:7. That the Ditch Company shall at the end of each fiscal  '°°‘”"°° year ending J imc thirtieth iile wit the governor a report showinglwhat its transactions have been during the previous year; what ad 'tiops to the plant, if any, have been made; the actual cost thereof; its l'00QlPtS and whence derived; and expenditures and for what made during the previous year. Such reports shall be open to qpiblic inspection. The books, papers accounts, and records of said tch Company shall at all times be subject to the inspection of the iovernor or the commissioner and to any agent or representative of said olhcers or either of them. Sm. 18. That at the end, or sooner determination, of the lease and ,,,1.}‘?¤’_,,,'§,’§,°, $§ franchises herein provided for the ditch and other oplant and_appur· 1•••¤· tenances shall revert to and become the  the Territory of Hawaii, without payment therefor and of charges, expenses, liens, or obligations whatsoever. Sec. 19. That the Territory of Hawaii may at any time after ten ,,, "g,"{‘2; years from the completion of the ditch purchase from the Ditch Com- wu ran pany the ditch, together with all property and rights of whatsoever nature ap rtaming thereto, or used in connection therewith, for a sum equarzo the cost thereof lplus twenty per centum of such cost. The amount to be paid to the 'tch Company for such purchase shall be determined by a commission of three persons, one to be appointed w,¤w•·‘¤*¤•**°¤ °* by the Ditch Company, or in case it shou d fail to do so withm_thirty days after requested to do so by the governor, then by the chief ]ustice of the Supreme Court of Hawaii; one by the purchaser; and the third plyuthe two so appointed, or in case they should fail to agree upon the ` d member within thirty days, then by said chief justice. d Either the Ditch Company or the Territory may appeal to the Su- ,22** ""' °` preme Court of Hawaii from the decision of such commission by filmg a written notice of appeal with the commission within five dags after the decision is rendered. It shall thereupon be the duty of the commission immediately to certify up to the surpreme court the record of its proceedings, showirig in such certiicate the valuation claimed by the association, the v uation claimed by the qprchaser, and the valuation as determined by the commission. Suc certificates shall be accompanied by copies of all papers, documents and evidence upon which the decision of the commission was based and a copy _0f such decision. Upon anfy such appeal the supreme court may, in its mk, take or require urther evidence to be mtroduced by either six months after the determination of the purchase price as P·r¤·¤*·¢°°~ aforesaid the same shall be paid to the Ditch Company. In the event such pqyment is not made within the time limited, all proceedmgs thereto ore had shall lapse and be of no further force or e ect. Sec. 20. Congress reserves the right to alter or amend this Act- *“"’°""°°"°‘°‘ Approved, July 27, 1912.