Chapter 95.
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CHAP. 95.— AN ACT To ratify, approve, and confirm an Act amending the franchise granted to H. P. Baldwin, R. A. Wadsworth, J. N. S. Williams, D. C. Lindsay, C. D. Lufkin, James L. Coke, and W. T. Robinson, and now held under assignment to Island Electric Company, Limited, by extending it to include the Makawao district on the island of Maui, Territory of Hawaii; and extending the control of the public utilities commission of the Territory of Hawaii to said franchise and its holder.
April 28, 1916.[[H. R. 6241](/us/bill/64/hr/6241).][[Public, No. 62](/us/pl/64/62).] *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. Act of legislature amending franchise to Island Electric Company, Limited, confirmed.of the Territory of Hawaii, entitled “An act amending the amending the franchise granted to H. P. Baldwin, R. A. Wadsworth, J. N. S. Williams, D. C. Lindsay, C.
D. Lufkin, James L. Coke, and W. T. Robinson, and now held under assignment to Island Electric Company, Limited, by extending it to include the Makawao District on the island of Maui, Territory of Hawaii; and extending the control of the public utilities commission of the Territory of Hawaii to said franchise and its holder,” is hereby, ratified, approved, and confirmed, and section eight hundred and fifty-seven of chapter fifty-nine of the Revised Laws of Hawaii, nineteen hundred and fifteen, as approved by an Act of Congress approved February sixth, nineteen hundred and nine, is hereby amended by adding after the words “district of Wailuku” wherever appearing in said section eight hundred and fifty-seven the following words:
“and district of Makawao,” so that the same shall read as follows: "“Sec. 857. Franchise: H. P. Baldwin, R. A. Wadsworth, J. N. S. Franchise.Williams, D. C. Lindsay, C. D. Lufkin, James L. Coke, and W. T. Robinson, together with their associates, hereafter called ‘The Company,’ and their respective successors and assigns, are vested with the right, authority, and privileges, from and after February sixth, nineteen hundred and nine, to manufacture, sell, furnish, and supply electric fight, electric current, or electric power, in the district of Wailuku and district of Makawao, on the island of Maui, Territory of Hawaii, for lighting the streets, roads, public or private buildings, or for motive power, or for any other purpose which they may deem advisable, and from time to time for the purposes above mentioned, and subject to the approval and supervision of the boards or officials having charge of said streets or roads to construct, maintain, and operate suitable poles, lines, wires, cables, lamps, lamp posts, conductors, conduits, and such other appliances and appurtenances as may from time to time be necessary for the transmission, distribution, or supply of electricity to consumers thereof, under, along, upon, and over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said district of Wailuku and district of Makawao, on the island of Maui, and to connect the said lines, wires, and conductors with any manufactory, private or public buildings, lamps, lamp posts, or other structure or object with the place of supply.”" Sec. 2.
Section eight hundred and fifty-nine of said chapter fifty-nine of the Revised Laws of Hawaii, nineteen hundred and fifteen, as approved by an Act of Congress approved February sixth, nineteen hundred and nine, is hereby amended by striking out the word “district” in said section eight hundred and fifty-nine, and substituting therefor the word “districts,” so that the same shall read as follows: "“Sec. 859. Poles, and so forth, not to interfere with use of streets, Construction, etc.and so forth:
All poles, lines, wires, cables, lamps, lamp posts, con-58ductors, conduits, and other appliances constructed, maintained, or operated under, along, upon and over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said districts, on the island of Maui, shall be so constructed, maintained, and operated by the company as to not unnecessarily interfere with the use of such streets, sidewalks, roads, squares, bridges, alleys, and lanes by the public.”" Sec. 3. Said chapter fifty-nine of the Revised Laws of Hawaii, nineteen hundred and fifteen, as approved by an Act of Congress, approved February sixth, nineteen hundred and nine, is hereby further amended by adding a new section thereto to be known as section eight hundred and sixty-five A, Revised Laws of Hawaii, nineteen hundred and fifteen, and reading as follows:
Subject to public utilities commission. "“Sec. 865A. This franchise and the person or corporation holding the same shall be subject as to reasonableness of rates, prices, and charges, and in all other respects to the provisions of chapter one hundred and twenty-eight of the Revised Laws of Hawaii, nineteen hundred and fifteen, creating a public utilities commission, and all amendments thereof for the regulation of the public utilities in said Territory, and all the powers and duties expressly conferred upon or required of the superintendent of public work or the courts by said act creating said franchise, are hereby conferred upon and required of said public utilities commission and any commission of similar character that may hereafter be created by the laws of said Territory: *Provided,* That all acts of the public utilities commission herein provided for shall be subject to review by the courts of the Territory of Hawaii.”" Approval by Congress.
Sec. 4. This Act shall take effect upon its approval by the Congress of the United States provided that such approval be given on or before the fourth day of March, nineteen hundred and seventeen. Approved, April 28, 1916.