Page:United States Statutes at Large Volume 43 Part 1.djvu/886

 SIXTY-EIGHTH CONGRESS. Sess. II. Ch. 201. 1925. 855 Territory of Hawaii, or of the county of Hawaii, or the rules promulgated under section 2 of this Act, and continues to refuse and fail to perform or comply therewith after reasonable notice given by the sutperintendent of public works, or any proper county or mumcgpal 0 cer or board, said officer or board may, with the consent o the governor and of the attorney general, cause proceedings to be instituted before an appropriate tribunal to have the franchise granted hereby and all rights and privileges accruing thereunder forfeited and declared null and void. Sec. 11. The association shall, within one month after the expira- Yearly ¤¤=¢¤¤¤¤¤¢ ¤¤ tion of each calendar year, file with the treasurer of the county of ”°°l°°S°°b°m°d` Hawaii, a statement showing the gross receipts from the sale of electric current for light and power furnished by it during such year and shall at the same time pay to the treasurer of the county ,,?`“‘ "“"‘°l°°°°°“”' of Hawaii for and on behalf of said county 21/Z per centum of the gross receipts from all electric current for light or power furnished to consumers during the year receding. Sec. 12. This franchise ang the person or corporation holding 1 S¤*>5¤gu;<;.H¤w¤g%¤ the same shall be subject as to reasonableness of rates, prices, and ihiiiaii. mg pu ° charges, and in all other respects to the provisions of chapter 128 of the Revised Laws of Hawaii, 1915, creating a public utilities commission, and all amendments thereto for the regulation of the public utilities in said Territory. _ Sec. 13. The Public Utilities Commission of the Territory of °(E» ,‘i',‘;(k,"'i{,'. Hawaii is hereby granted power, subject to section 2 hereof, to order ¤**$i°¤~ said association, its successors or assigns, to make extensions of its service lines whenever it shall be made to appear that said extension is a public necessity and that the total plant of said association, inclu ing such extension or extensions, can be made to earn a _ reasonable profit on the cost and maintenance of the same: Provided, §,'§$$';m.,w,bi,b, That orders of the public utilities commission herein provided for T°¤"'°**°l°°“¤¤· ihall be subject to review by the courts of the Territory as provided Y aw-. Src. 14. The right hereby granted shall cease and determine if szgiiidgniimiiigigiaeigi. operations hereunder are not commenced by beginning the °‘°· construction of buildings or other work for manufacturing or supplying electric current for light or power or by placing poles and wiring the same, or constructing conduits and laying wires therein, in any of the streets, roads, or other places hereinbefore mentioned, for the purpose of conducting electric current for light and power, and unless the association shall actually have expen ed in such work a sum not less than $5,000 within one year from and after the date of the a roval of this Act. . Sec. 15. That the Tlieiiritory of Hawaii, the county of Hawaii, or enicgiixfindiiigifiiix any political subdivision thereof, may at any time and upon six “““‘°‘*’°°· n1onths’ notice in writing to the association, given pursuant to proper authority, when so authorized by the Legislature of the Territory of Hawaii, acquire by purchase all the property of the association, Subject to the then existing charges thereon. Pmbm to be dg The amount to be paid to the association for such purchaseshall be termoirgqdhmlg commisdétctmined by a commission of three persons, one t0_ be appointed by si°" the asosciation, or in case it should fail to do so within thirty days after having been requested to do so by the purchaser, then by the chief justice of the Supreme Court of Hawaii, one by the purchaser, and the third by the two so appointed. or in case they should fail to agree upon the third member within thirty_ days, then by said chief justice, 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 value of tangible GM wm. mq M property at the time of the taking. The value of the franchise or museum.