Chapter 419. To ratify an act of the legislature of the Territory of Hawaii authorizing W
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CHAP. 419.— An Act To ratify an act of the legislature of the Territory of Hawaii authorizing W. A. Wall, his associates and assigns, to construct and operate a railroad on the island of Hawaii, Territory of Hawaii. June 25, 1910.[[H. R. 22635](/us/bill/61/hr/22635).][[Public, No. 301](/us/pl/61/301).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the act of the legislature Hawaii. Construction of railroad by W.
A. Wall, authorized by legislature, confirmed. of the Territory of Hawaii entitled “An act to authorize W. A. Wall, his associates, successors, and assigns, to construct, maintain, and operate a railroad in certain districts of the island on Hawaii, in the Territory of Hawaii,” approved by the governor of Hawaii April twenty-sixth, nineteen hundred and nine, be amended, and as amended, the same is hereby, ratified, approved, and confirmed, as follows, to wit: " “Act 115. “An Act to authorize W.
A. Wall, his associates, successors, and assigns, to construct, maintain, and operate a railroad in certain districts on the island of Hawaii, in the Territory of Hawaii. “Be it enacted by the legislature of the Territory of Hawaii: “Section 1. The right is hereby granted to W. A. Wall, his Location. associates, successors, and assigns, to lay, construct, maintain, and operate for the term of thirty years from the date of the approval of this act by the Congress of the United States a railway, either single or double track, or partly single and partly double, with such curves and switches, turn-outs, poles, wires, conduits, stations, power houses, and such other buildings, appliances, and appurtenances as may from time to time be necessary for the use and operation thereof, from a point in the district of Kona, island of Hawaii, starting at tide water at Kaawaloa; thence running south on grades one, one and one-half, and two and one-half per centum to an elevation of nine hundred and twenty-five feet at Kahauko, in the said district of Kona; thence over intervening lands in a southerly direction on broken grades to one thousand two hundred feet elevation; thence through or near Waiohinu, in the district of Kau; thence through Naalehu to Honuapo, in the said district of Kau; thence to Hilea (old Mill site); thence over intervening lands to Pahala Mill, in the said district of Kau; from the nine hundred and twenty-five feet elevation at Kahauko, in the district of Kona, running north over intervening lands on various grades to one thousand two hundred feet elevation at the village of Honokahau, in the district of Kona.
“Sec. 2. The said railway shall be operated by steam, or by Operation. compressed air, or by electric power, either by overhead or underground wires or by storage batteries: *Provided*, That a part of such railway may be operated by one motive power, while another or other portion thereof may be operated by other motive powers. 846 “Sec. 3. Speed, etc. The speed of any engine, car, or other vehicle used upon such railway while on a public highway, except in crossing the same, shall not exceed eight miles per hour, under penalty of three hundred dollars, to be paid to the Territory for each violation of this provision.
“Sec. 4. Approval of plans. The maps, charts, and plans for the construction of such railway shall be subject to the approval of the superintendent of public works, and such approval thereof shall be evidenced by his signature upon any such map, chart, or plan so approved. “Sec. 5. General requirements. The said railway, together with all its branches and connection, shall be thoroughly and substantially constructed according to the best modern practice and in such manner as to cause the least obstruction to the free use of the highways, roads, and places in which it may be laid; and the location in, along, and across highways and roads shall be as directed by the superintendent of public works.
The cars for carrying passengers shall be of the most approved construction for the comfort, convenience, and safety of such passengers, and shall be provided with fenders of the best pattern, with proper lighting and signaling appliances, and with proper numbers, route boards, or signs, as approved by the governor. The said W. A. Wall, his associates, successors, and assigns, shall pay all expenses and damages and save the Territory harmless and indemnified from all loss, cost, damage, and expense in consequence of or arising from the construction and operation of said railway, and to pay for all repairs to highways and streets on, along, or across which the said railway may be located, made necessary or advisable by the construction and operation of said railway.
The style of rail to be employed and used in the construction of such railway, the manner of laying the same, and the kind of car for the carriage of passengers over such railway shall be such as may be approved by the superintendent of public works. All of the matters and things required by this section and the construction and character of the railway and its equipment shall in all respects be subject to the approval of the superintendent of public works. “Sec. 6. Time Of construction.
The construction of such railway must be commenced within three years from the date of the approval of this act by the governor of the Territory of Hawaii, and at least fifteen miles must be completed, equipped, and in operation for the transportation of passengers and freight within two years after such commencement: *Provided*, That any period during which the work shall be suspended or delayed by reason of any litigation impeding or delaying the construction or use of such railway shall not be counted in either of the above-mentioned periods.
“Sec. 7. Width, etc. The lands to be taken for the line of such railway shall not exceed forty feet in width, unless a greater width shall be required for embankment, cuttings, gravel pits, sidings, stations, depots, power houses, yards, or terminals. “Sec. 8. Legal requirements. No land, easement, or other property shall be taken for the purpose of such railway except in accordance with the provisions of law. “Sec. 9. Forfeiture. If the provisions of this Act as to time limitations are not fully complied with, then all rights, privileges, and special powers granted hereby shall forthwith cease and determine and the franchise hereby granted shall forthwith become null and void.
“Sec. 10. Mortgages. The said W. A. Wall, his associates, successors, and assigns, shall have the power to mortgage the franchise hereby conferred to secure the payment of bonds or other monetary obligations incurred in the construction or operation of such railway. “Sec. 11. Right to alter, etc. The legislature of the Territory of Hawaii, with the approval of Congress, may at any time alter, amend, or repeal this act; and the franchise hereby granted shall not be construed to be 847 exclusive.
The franchise hereby granted shall not be construed to be exclusive and shall be subject to all general laws now in force or which may hereafter be enacted respecting railway companies. “Sec. 12. This act shall go into effect and be law from and after the Time of taking effect. date of its approval by the governor of the Territory of Hawaii, subject, however, to the approval of the Congress of the United States. “Approved this twenty-sixth day of April, A. D. 1909. “WALTER F.
FREAR, “Governor of the Territory of Hawaii.” " Sec. 2. That Congress may at any time alter, amend, or repeal Amendment, etc. said Act. Approved, June 25, 1910.