Page:United States Statutes at Large Volume 39 Part 1.djvu/271

 250 SIXTY·FOURTH CONGRESS. Sess. I. C11. 199. 1916. C°¤¤¤¤¤°°m°¤* °’ "S1:c. 14. It is further rovided that the right hereby g1‘8¤l>0d °pm¤m' m shall cease and determine iflbperations hereunder are not commenced by beginning the construction of buildipigs or other works for manufacturing or supplying electric light an power,_or by placing poles and wiring the same, or constructing conduits and aying wires ' therein in an of the streets, roads, or other places for the purpose of conduc ° electric light and power, withm one year from and after the datgudf approval of this Act by the Congress of the United States, 'and also if sufficient works are not comp eted_ and m operation to supply electric light and power, and if electric light and power IS not sup hed within one ear after such commencement. · md reipealed by the Cor§ress of the United States or by the Legislature o the Territory of awaii, with the approval of the Congress of the United States and the right, privileges, and powers by this Act conferred shall not be construed to be exclusive. _ _ P¤*gt*;**• **Y T°”'· "Sec. 16. That the Territory of Hawan, the county of Kauai, or m' any political subdivision thereof, may at any time after the expiration of twenttyayears from the date o the passage of this not by the Congress of United States, and upon six months’ notice m writing to the association, given pursuant to proper authority, when so authorized by the Legislature of the Territory of liawan, acquire by purchase all the property of the association, subgect to the then existing charges thereon._ _ _ · P•*•¤¤¤¤•¤¤¤ °* "The amount to be paid to the association for such purchase shall pm" be determined by a commission of three (persons, one to be appointed by the association or, in case it shoul fail to do so within thirty days after having been requested to do so byathe purchaser, then by the chief justice of the Supreme Court of wau, one by the purchaser, and the third by the two so appointed; or, in case they should fail to ee upon the third member within thirty days, then by said chizfrjustice, any such 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 reproducing or replacing it, less_deprec1ation and less the charges thereon. The value of the franchise or good will or any other intangible element shall not be cons1dered in etermming the amount to be aid. ·*PP•*· •°°· “Either the association or the purchaser may appeal to the Supreme Court of Hawaii from the decision of such commission b filing a written_notice of appeal with the commission within five days after the decision is ren ered. It shall thereupon be the duty of the commission immediately to certify up to the supreme court the record of its proceedings, showing in such certificate the valuation claimed by the association, the valuation claimed 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 anylsuch aéppeal the supreme court may in its behalf take or require furt cr evi ence to be introduced by either party. ¤ ¤H¤¤· "WHth1n six months after the determination of the purchase price ` as aforesaid the same shall be paid to the association, and thereupon the franchise granted hereby shall cease and determine, and all the property of said association shall become the pro erty of such urchaser without any further conveyance; but said) association 5mll make all such further conveyances as may be desired by the purchaser and approved by said commission or said court on appeal} Approved, June 30, 1916.
 * ¤¤¤¤•¤* ’•· gm. 15. That  franchise may at any time be amended or