THE HOUSE OF REPRESENTATIVES. To the Honorable President and Honolulu, T. H., April 1, 1907. Members of the Senate of the Territory of Hawaii. I have the honor to return herewith Senate Bill No. 67, which this day passed Third Reading in the House of Representatives of the Territory of Hawaii. Respectfully, JOHN H. WISE, Clerk, House of Representatives. The Communication was ordered received and placed on file. Second Reading of Senate Bill No. 72 entitled "An Act to Exempt Lepers at the Settlement, County of Kalawao, from Taxation." Senator Lane moved that the Report of the Committee on the Bill be adopted. Seconded by Senator Gandall and carried. Second Reading of House Bill No. 86, entitled "An Act to Amend Sub-division 5, Section 62 of Chapter 14 of Act 39 of the Session Laws of 1905." Senator Coelho moved that the Report of the Committee on the Bill be adopted. Seconded by Senator Kalama and carried. Second Reading of House Bill No. 137 entitled "An Act to Amend Chapter 151 of the Revised Laws of Hawaii, by adding thereto a new Section to be known as Section 2365A, and amending Section 2366 of said Revised Laws." Senator Chillingworth moved that the Report of the Committee on the Bill be adopted. Seconded by Senator McCarthy and carried. Second Reading of House Bill No. 104 entitled "An Act relating to Foreclosure of Mortgages, amending Section 2161 of the Revised Laws." Senator Knudsen moved that the Report of the Committee cn the Bill be adopted. Seconded by Senator Smith and carried. Second Reading of House Bill No. 102 entitled "An Act relating to Juries, amending Sections 1779, 1780, 1782, and 1782A of the Revised Laws, as amended by Act 74 of the Laws of 1905." Senator Chillingworth moved that the Report of the Committee on the Bill be adopted. Seconded by Senator Knudsen and carried. Second Reading of House Bill No. 106 entitled "An Act to I'rovide for the Compensation of the Second District Magistrate of Honolulu." Senator Smith moved that the Report of the Committee on the Bill be adopted. Seconded by Senator Knudsen and carried. Under suspension of the Rules, Senator Hayselden presented the Report (No. 115) of the Public Lands Committee on Senate Bill No. 64 as follows: Honorable E. F. Bishop, President of the Senate, Territory of Hawaii. Sir: Your Public Lands Committee, to which has been referred Senate Bill No. 64, entitled "An Act to Authorize and Provide for the Manufacture, Maintenance, Distribution and Supply of Electric Light and Power within the District of Wailuku and Elsewhere on the Island of Maui," makes report as follows: Your Committee believes that an enterprise of a quasipublic nature, carrying with it the right of user along, upon and over streets, sidewalks, alleys, lanes and other purely Territorial property, should be subjected, at least in part, to the control by some official of the Territory, of the manner in which the public property should be utilized. Your Committee therefore recommends that the Bill contain a provision whereby the Superintendent of Public Works shall be authorized and empowered to prescribe reasonable rules and regulations governing the placing of poles and wires, the insulation of wires and apparatus carrying the electric current, and generally concerning the manufacture and supply of electricity which may be necessary or proper for the public safety and welfare. Your Committee would further recommend that said Bill contain a clause which would entitle the Superintendent of Public Works the right at all reasonable times to inspect the entire plant and operation of the Company. Certain other franchises similar to this Act heretofore granted by the Legislature have contained clauses providing for the payment into the Territorial Treasury of a certain per centum of the gross earnings of the company. But in view of the fact that the place at which this company proposes to do business is of a limited population and in all probability the enterprise proposed by the company can never develop into a large concern, and also in view of the fact that it appears to your committee that the encouragement of this enterprise upon the Island of Maui meets with the approval of practically the entire community, and will without question, become of great public benefit and convenience to the inhabitants of the Island of Maui. Your Committee has decided under the circumstances not to recommend requiring the company to pay into the Treasury of the Territory, any portion of the revenues of the enterprise. Your Committee however would recommend that it be provided that if the company fail or refuses to do or perform or comply with anything actually requisite or required under the terms of this Act, or the laws of the Territory of Hawail, and continues to so refuse and fail to do or perform or comply therewith after reasonable notice given by the Superintendent of Public Works, that said Superintendent of Public Works may, with the consent of the Governor of the Territory, and of the Attorney General, cause proceedings to be instituted before an appropriate tribunal, to have the franchise granted, and all rights and privileges thereunder, forfeited and declared null and void. Subject to the following amendments which are suggested above, your Committee would recommend that the Bill pass. That Section 1 of said Bill pass as contained therein. That there be added to said Bill Section No. 2 to read as follows: "The Superintendent of Public Works is hereby authorized to make and from time to time change, amend, or add to, reasonable rules regulating the placing of poles, wires, the insulation of wires, and apparatus carrying the electric current, and the excavation of conduits, and the maintenance in good repair of all poles, wires, and apparatus, and generally concerning the manufacture and supply of electricity which may be necessary for the public safety and welfare. That there be added to said Bill Section 3 which shall read as follows: That all poles, lines, wires, cables, lamps, lamp-posts, conductors, conduits and other appliances constructed, maintained or operated under, along, upon and over the streets, sidewalks, roads, squares, bridges, alleys and lanes in said District, or elsewhere 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. That there be added to said Bill Section 4 which shall read as follows; That the entire plant, lines, poles, and all other apparatus and equipments shall, at all times be subject and open to the inspection of the Superintendent of Public Works, or other officer appointed by him for that purpose. That Section 2 as contained in said Bill be numbered Section 5, and pass as therein contained. That there be added to said Bill another Section to be numbered Section 6, which shall read as follows: It is provided that if the company shall fail or refuse to do or perform or comply with any of the provisions of this Act, or of the Laws of the Territory of Hawaii, and continues to refuse and fail to perform or comply therewith after reasonable notice given by the Superintendent of Public Works, said Superintendent of Public Works may, with the consent of the Governor, and of the Attorney General, cause proceedings to be instituted before an appropriate tribupnal to have the franchise granted hereby, and all rights and privileges accuring thereunder, forfeited and declared null and void. That Section 3 in said Bill be numbered Section 7, and pass as therein contained. That Section 4 be numbered Section 8, and pass as contained in said Bill. Respectfully Submitted, A. N. HAYSELDEN, Chairman. JNO, C. LANE. Senator Coelho moved to adopt the Report of the Committee. Seconded by Senator Knudsen. Senator Dowsett moved that the Report of the Committee be received and laid on the table to be considered with the Bill. Seconded by Senator Coelho and carried. At 4:58 o'clock, upon motion of Senator Dowsett, seconded by Senator Coelho, the Senate adjourned. WILLIAM SAVIDGE, Clerk of the Senate. Approved by the Senate: E. F. BISHOP, President of the Senate. THIRTY-FIFTH DAY. Tuesday, April 2nd, 1907. The Senate met, pursuant to adjornment, at 9:30 o'clock. After prayer by the Chaplain, the roll was called showing Senator Chillingworth absent. The Journal of the Thirty-Fourth Day was read and, upon motion of Senator Lane, seconded by Senator Coelho, approved as read. A Communication (No. 144) from the House of Representatives, notifying the Senate of the appointment of a Conference Committee for the further consideration of Senate Bill No. 44, was read by the Clerk as follows: THE HOUSE OF REPRESENTATIVES. Honolulu, T. H., April 1, 1907. To the Honorable President and Members of the Senate of the Territory of Hawaii. I have the honor to notify your Honorable Body that the following have been appointed a Committee to confer with a like committee from the Senate on Senate Bill No. 44: Honorables Castro, Moanauli and Quinn. Respectfully, JOHN H. WISE, Clerk, House of Representatives. The Communication was ordered received and placed on file. A Communication (No. 145) from the House of Representatives, notifying the Senate of its concurrence in the amendments made to House Bill No. 123, was read by the Clerk as follows: |