Page:United States Statutes at Large Volume 43 Part 1.djvu/885

 854 SIXTY-EIGHTH CONGRESS. Sess. II. Ch. 201. 1925. power, or current supplied from time to time and to locate the same at such places as may be deemed necessary for their protection;_and also to charge, receive, and collect from all consumers of electricity _ such reasonable prices as may be from time to time fixed and }”:'u?&’é,,0n 0,,,0,,,,3 determmed by the association: Promded, howeeer, That power 1S asm ram hereby conferred upon the courts of competent ]ur1sd1ction, or any utility commission which is, or may hereafter be, created by law of the Territory of Hawaii, or of the United States, at all times and upon ‘ the petition of any consumer of electric power or lights from the said association, to hear and determine from time to time whether an existing rate or rates, are unreasonable; and if a rate be unreasonable to order the agrpne to be (ilecreased, and to enforce such orders b appropriate `u ent or ecree. ,,, ‘ °°“"’ ‘° yS1¤IdP6.PThe zissociation shall also have the right to charge consumers or applicants for the use of electricity, one—half of the costs and expense of making connections between the nearest line of supply and the premises where the electricity is to be used; such cost and expense to include the price of all wires, poles, insulators, and other material and labor necessary to be used in making such §Q';,,§’;,,,,d,,,,,,,,_ connections: Provided, lwwever, That the said association shall not be required to make, construct, or maintain said connections as aforesaid for suppl ing light or power, unless the applicant therefor, if required, shall deposit in advance with them, a sum of money suficient todpay one- alf of the total estimatedl gost and exppnse of maldng an constructing suc connections an or current or the period of one month. ,,,I§“§‘§,_*° wd ‘”°p‘ Sec. 7. The association shall have the right to acquire, hold, or take over, either by purchase or leasexgroperty, both real, personal, Limit do or mixed, as may  necessary or inc1 ental to the proper conduct a °' of his or their business; but he or they shall not have the power or right to purchase franchises and property of any other company . of like nature. · ¤riii>¤°'iTi»i¤si¤°i>°}il».$asi°° Sec. 8. The association whenever from time to time it shall be _ deemed expedient in furtherance of the objects for which this , franchise is granted, shall have the power to borrow money, and to secure the payments thereof, with the interest agreed upon by the mortgage of any or all_ of its property, and all franchises and privileges granted or obtained by virtue of this Act, or if it is deeme advisable, bonds may be issued, secured bg deed of trust of such property, and all future property acquire, as well as the income and receipts of the property from whatever source derived Pmim and in such form and upon such terms as he or they shall deem aussnesécream. advisable: Provided, That nothing in this section contained shall operate to (prevent the asociation rom obtaining the usual business _ credits, an to make promissory notes without security: And pro- M°'*m°"‘m“°d- nailed further, That no mortgage or deed of trust shall be made by such association for an amount exceeding 60 per centum of the actual value of the physical pr0,perIt[y of such association as deter- Y I _ _ mined by appraisal of the Public t1l1ties Commission of Hawaii. ,,,;,§,,(f‘° “’“'“ "‘“‘ Seq. 9. It IS hereby expressly pI`0Vld6d that nothing hc;-ein contained shall be so construed as to grant to the association an exclusive right to furnish, sell, or supply the electric current for light and power, and said association and the franchise, rights, and privileges granted hereby shall be subject in all respects to such law establishing a public utility commission and such other laws of a general nature as may be applicable from time to time to electric light and power plants or conlipames operating them in the Territory 1. M mb o Hawaii, or the county of awau, or their successors. um or  to Sec. 10. If the said association shall fail or refuse to do or perform §{§,‘}§ '"“‘ °°"‘ or comply with any of the provisions of this Act, or the laws of the