Page:United States Statutes at Large Volume 39 Part 1.djvu/459

 438 —SIXTY·FOUZRTH CONGRESS. Sess. I. Ch. 275. 1916. » GEAP. .— amend °tled "An A l franchise f ._._..__  ts mmm   ,..,1  ¤u·eetmi1v(i;;€1;f•:ie}1¤ii t to mz: (robin, Na. us.] of South Hilo, county of Hawaii, Territory of Hawau," approved August iirst, mneteen hundreél and twelve, as amended byanAct approved uly twenty-f.ift11, nineteen hundred' an fourteen. - . _ Be it enacted by the Senate and House Representatives of the United mg`}  States sj   in Congress   Tlylt section one of an Act anti ‘ t granting a franchise' or e construction mainte- V I 37 M3, nance, and `opegaéipnof aistreet railvgagfystemin the disltigcgof Soxth m_,°,,·,,, · P- county 0  A erritoryo waii,' as amen e an ct apprbved July twenty-fifth, nineteen hundred and fourteen, iis hereby amended b strikin out subsections .(b) (c) and (f) thereof, and Y E 3 new subsections (b) and (c), which shall read as follows: )§•¤¤¤¢¤f·¤¤;9~ " (b) Commission' shall mean the public utilities commission of the “¤¤·¤¢r¤¢H•v¤¤-" c unty o awa1i’ mean e present count waii i T%?lit;”%ii)f Hawlliii shall th of Ha or such political division as the legislature shall from tlime to timé degignate, ?1¢;ludi%tg1e disthtrgict he‘;·‘eafteb1;)d¢:1fined." “, Pwnn v•=¢•d in nc. 2. t w ver wor " ar "’ or governor ’ or °°'”""'*"" &\boardhv:.1i1tli)the aggprovtsgld of the g0V6l'l191;:’ aricontaiged in said Act, ere s e su titu "comm.ission it eing inte fo to grant the powers granted  said original Act to said lioardxiniduthe governor to said commission,. excepting, however that where the word "board" is used in subsections (a), (f), and (h) of section four of said original Act, the said word "board" shall refer to and mean the board crifhslupervisorsfof thefcpaqgtigf Hivglag; _ d , _ 3. tsection ouro tis yamenedsothat subsection (e) thereof shall read as follows: “}`n_’¤;*;,_§f,_;i°¤“°° " (e) The construction of the railway shall be commenced and at V¤l- 38. p- _556. l)east thedsuim of $%g?000Zhall hai: been expe1]:de¢;l1r•:,1;icon(rao;;;led to eexpen e onor ore ugust tnineteen un an tee, and at least two miles shall be completed, equipped and read(§or tllle transportation of passengers within two years after such commencemen . aummnmnw "At least two additional miles of the 'lw hall b I ted, °°°' equipped and ready for operation withinrgix ylzass fromatlzupliidsage o the amendatory Act by the Congress of the United States, and m Ease of ailufre to <i_o§);`w;thhs;11i:h requirements the privilegeagranted ysection woo cs ceaseastoan tr ts th · oughfares, or plgces not then occupied: y S 68 I m ’ or mwah!. dum Proiegigeei; at if thefebis anykgeriod during which work shall be ‘ suspen y reason o ona e actions, uits ' f instituted through no fault of the association,jbut'c»i)dsiil`§ud1§al;I%1ii the construction or commencement of operations of sa1 railway, tgztime soigigti shall not be counted as part of the periods of limitation a ve ec . ¤¤“¤¤¤*=¤=»•*¤- "Adll1Ptions and extensions of the railway shall be constructed by the association, and when so constructed, or constructed by others, shall thereafter be maintained anhiapgerated by;) it whenever, after notice and an oppiortumty to  ,_1t shall e directed so to do gum. of mm by the public uti ties commission of sa1d_Terr1tory: Provided, That e¤w?°° the commissionshall not so du·ect unless, m its opinion, the earnings of the assocnatnon when operating such additions and extensions, together with its previously existing railway system, will be sufficient for 1ts reasonable expenses of maintenance and operation, interest, and sinking fund on its indebtedness, and dividends of eight er centum per annum on_1ts issued stock; and the commission may 1.£e- wise permit the amociation to cease the maintenance and operation of any portion of the railway system whenever in its opinion conditions so warrant or require}