UNDER THE DEPARTMENT OF COMMERCE AND (Lighting Hawaiian waters. See p. 425.) CHAP. 385.—An Act Making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. June 25, 1910. [H. R. 26730. [Public, No. 267.] 36 Stat. L., pt. 1, p. 774. propriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Deficiencies ap the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: Salaries Salaries, governor, and so forth, Territory of Hawaii: Hawail To pay the increased salaries of the governor, secretary, chief justice, and two associate justices, Territory of Hawaii, as provided in section eight of the Act approved May twenty-seventh, nineteen hundred and ten (Public Numbered One hundred and ninety-two), for the fiscal years, as follows: For the fiscal year nineteen hundred and ten, four hundred and thirty-seven dollars and fifty-one cents; For the fiscal year nineteen hundred and eleven, four thousand five hundred dollars; in all, four thousand nine hundred and thirty-seven dollars and fifty-one cents. For judges of circuit courts, at four thousand dollars each instead of three thousand dollars each, so much as may be necessary for the remainder of the fiscal year nineteen hundred and ten and for the fiscal year nineteen hundred and eleven. 1 * CLAIMS ALLOWED BY THE AUDITOR FOR THE (Maintenance leprosy hospital, Hawaii, 1907, 1908. See p. 86.) CHAP. 395.—An Act To further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes.. (Applicable to Hawaii. See p. 435.) June 25, 1910. (H. R. 12315. (Public, No. 277. 36 Stat. L.. pt · 1, p. 825. June 25, 1910. CHAP. 419.-An Act To ratify an act of the legislature of the [H. R. 22635.] Territory of Hawaii authorizing W. A. Wall, his associates and assigns, to [Public, No. 301.] construct and operate a railroad on the island of Hawaii, Territory of 36 Stat. L., pt. Hawaii. 1, p. 845. Hawaii. Construction of Wall, authorized Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That railroad by W. A. the act of the legislature of the Territory of Hawaii enby legislature, titled "An act to authorize W. A. Wall, his associates, succonfirmed. cessors, 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: Location. Operation. "Аст 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 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 onehalf, 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 twentyfive 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 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. "SEC. 3. The speed of any engine, car, or other vehicle Speed, etc. 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. plans. "SEC. 4. The maps, charts, and plans for the construc-Approval of tion 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. quirements. SEC. 5. The said railway, together with all its branches General reand 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. struction. "SEC. 6. The construction of such railway must be Time of concommenced 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 abovementioned periods. "SEC. 7. The lands to be taken for the line of such rail- Width, etc way shall not exceed forty feet in width, unless a greater width shall be required for embankment, cuttings, gravel Legal require ments. Forfeiture. Mortgages. Right to alter, etc. Time of taking effect. Amendment, etc. pits, sidings, stations, depots, power houses, yards, or terminals. "SEC. 8. 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. 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. 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. 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 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 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 said Act. RESOLUTION. Apr. 26, 1910. [No. 22.] Joint Resolution Providing for a special election in the [S. J. Res. 80. Territory of Hawaii. [Pub. Res., No. 27.] 36 Stat. L., pt 1, p. 878. Prohibition of Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Hawaii. the governor of the Territory of Hawaii be, and he is hereintoxicants sub- by, authorized and directed to call a special election by the legally qualified electors as now registered in that Territory for the purpose of submitting to the electors the question of prohibiting the manufacture and sale of intoxicating liquors in the Territory of Hawaii. mitted to electors. Special elec tion. Question submitted. Said special election shall be held on Tuesday, the twenty-sixth day of July, nineteen hundred and ten, and said question shall be submitted to the electors in the following words: "Shall the legislature to be elected in November, nineteen hundred and ten, be requested to pass, at its first regular session, a law prohibiting the manufacture or sale within the Territory of intoxicating, spirituous, vinous, and malt liquors, except for medicinal and scientific purposes?" Said question shall be printed on the ballot in the English language and immediately following it shall be a translation of the same in the Hawaiian language; below this, in large type, shall be printed the word "Yes," with its Hawaiian translation, and opposite those two bracketed words shall be a square, ruled spaced for the marking of a cross; below that, in similar type, shall be the word "No," with its Hawaiian translation, bracketed, and opposite to them a similar square, ruled space for marking. The ballot shall also contain the following instructions in both the English and Hawaiian languages: "Vote by marking a cross (X) after the word 'Yes' or 'No.'" Said special election shall be carried on under the gen- tio eral election laws of the Territory of Hawaii; but the territorial committees or chairmen and their local committees and chairmen in charge of the campaign for and against the proposition herein submitted may reach appoint two electors as challengers and watchers for each voting precinct, who shall have such powers and be subject to such limitations as are conferred by the existing territorial election laws upon similar representatives of political parties or candidates. And for defraying the necessary expenses of such special election the sum of ten thousand dollars is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, the same to be paid out upon vouchers duly approved by the secretary of Hawaii. Ballots Conduct of eleo Appropriation. |