Page:United States Statutes at Large Volume 35 Part 1.djvu/627

610 SIXTIETH CONGRESS. Sess. II. Ch. 80. 1909. tion of the officials or boards having charge of said streets or roads, or any officer appointed by them for that purpose. _ _ “ Sec. 6. Saicixdompany shall also have the right to maintain, use, and operate electric meters or other means of ineasurinrr electric light, power, or current supplied from time to time, and tollocate the same at such laces as may be deemed necessary for their protection; and also to charge, receive, and collect from all customers of electricity such reasonable prices as may be from time to time fixed and determined by the company: Bwided, however That p0wer is hereby conferred upon the courts of appropriate jurisdiction at all times and • upon the petition of any consumer of the company to hear and determine from time to time whether an existing rate or rates is or are unreasonable; and if a rate be unreasonable, to order the same to be gecreased, and to enforce such orders by appropriate judgment or _ ecree. “Sr1c. 7. Said company shall also have the right to charge consumers, or applicants for the use of electricity, for one-half of the cost and expense of making connections between the company’s nearest line of su ply 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 materials, and labor necessary to be used in makin such connections: Provided, lwwever, That the company shall not be required to make, construct, or maintain said connections as aforesaid for supplying light or power unless the applicants therefor, if required, shall deposit in advance with the company a sum of money, sufficient to pay one-half of the total cost and expense of making and constructing such connections and for current for the period of one month. " Sec. 8. The said com ny shall have the right to acquire, hold, or take over, either by purchase or lease, property, both real, personal, and mixed, as may be necessary or incidental to the proper conduct of its business; but said company shall not have the right or power to purchase franchises and property of any other company of like nature in said district of Lahaina. · _ “Sec. 9. Said company, whenever from time to time it shall be · deemed expedient in the furtherance of the objects of the company, shall have the power to borrow money and to secure the payment thereof, with the interest agreed upon, by mortgage of an or all of its roperty, franchises, and privileges granted or obtaincdy by virtue of dhis act, or, if it is deemed advisable, bonds may be issued, secured by deed ot trust of such property, not to exceed sixty percentum of the actual value thereof, with all future acquired property, as well as the income and receipts of the property from whatever source derived and in such form and under such terms as the company shall deem advisable: Bvvwided, That nothing in this section contained shall operate to prevent said company from obtaining the usual business credits and to make promissory notes without security. "St·:c. 10. That said company, its representatives, successors, and assigns, shall be responsible for any amages, either to person or property, resulting from any act of negligence on its part, which may _occnr (py reason of the exercise of any of the privileges herein rante . _ g “Sec. 11. It is provided that if the company shall fail or refuse to do or perform or comply with any of the rovisions of this act or of the laws of the Territory of Hawaii, or ofp the county of Maui, and continues to refuse and fail to perform or comply therewith after reasonable notice given by the superintendent of public works or any proper county or municipal officer or board, said officer or board may, with the consent of the governor and of the attornevgeneral, cause proceedings to be instituted before an appro riate tribunal to have the franchise granted hereby and all rights and) privileges accruing thereunder forfeited and declared null and void.