Kalihi pumping plant Improvements Nuuanu stream, including land damages. Additions to waterworks, Honolulu: Additions to pipe system. Reservoir, Diamond Head Addition to water-pipe system, Hilo. Fireproof vault, supreme court Survey office.. Hilo court records Wailuku court records Lihue court records. Immigration other than Asiatics New schoolhouses and teachers' cottages (unpaid bills) New court-house and site, Koloa (unpaid bills) New breakwater and wharf, Hilo (unpaid bills) Harbor improvements, Honolulu (unpaid bills) $60,000.00 25,000.00 $65,000,00 20,000.00 85,000.00 10,000.00 3,000.00 3,500.00 2,000.00 1,500.00 1,500.00 1,500.00 50,000.00 1, 120. 19 62.56 8, 288.52 20,076.28 200.00 New roads, Puna (unpaid bills) New roads, Kau (unpaid bills) New roads, Nuuanu Pali (unpaid bills). Light-house and light, Diamond Head (unpaid bills) 6.40 273.40 145.86 173.88 3,730.19 15.00 15.00 20,000.00 53,900.00 625, 016. 28 SECTION 3. In the construction of all new roads or bridges and in the expenditure of all specific appropriations for repairing roads and bridges it shall first be necessary that the road boards of the several districts in which such new work is contemplated shall approve of the same, and all such work shall be under the supervision of the road board of the district in which such new work is being carried on, and the final acceptance of all such work by the superintendent of public works shall be on the certificate from such road board that the same has been done in a good and workmanlike manner and as provided by the contract and specifications. SECTION 4. It shall be lawful for the treasurer to continue to make payments in accordance with the appropriations authorized by this act from any unexpended balance until the 31st day of March, A. D. 1900. SECTION 5. Every contract for constructing public works or for furnishing material therefor amounting to five hundred dollars shall be awarded only upon public advertisement for tenders; and no public work or requirement for material therefor shall be divided or parceled out for the purpose of evading the provisions of this section. [ACTS 64-68.] AN, ACT to authorize and provide for the construction, maintenance, and operation of a street railway or railways in the district of Honolulu, island of Oahu. DEFINITIONS. SECTION 1. Wherever in this act the following words occur they shall be held to have the force and meaning herein set forth unless the context clearly indicates otherwise: "Said association and others" shall represent and mean Clinton G. Ballentyne, Frederick J. Lowrey, Theodore F. Lansing, James A. Kennedy, Charles S. Desky, Joseph A. Gilman, James F. Morgan, George R. Carter, and J. H. Soper, their associates and assigns, or such corporation as may be organized by them, as named in the second section of this act. 'Governor" shall refer to and mean the governor designated as the governor in the organic act establishing the Territory. "Superintendent of public works" shall refer to and mean the person from time to time acting as the superintendent of public works, as defined in said organic act, or his lawful successor in said office. "Railway" shall refer to and mean the rails, tracks, roadway, with its appurtenances, appliances, and connections to be placed in streets, roads, or places on the island of Oahu, as by this act provided, or to such rails, tracks, roadway. etc., of any other corporation as may now be in existence or that may hereafter be laid. "Honolulu" or “District of Honolulu" shall refer to and mean all of that portion of the island of Oahu included in the judicial, educational, and taxation district, now defined by law as the "District of Honolulu" or "Honolulu District." RIGHT OF WAY. SECTION 2. The right is hereby granted to Clinton G. Ballentyne, Frederick J. Lowrey, Theodore F. Lansing, James A. Kennedy, Charles S. Desky, Joseph A. Gilman, James F. Morgan, George R. Carter, and J. H. Soper, and to their associates and assigns, or to such corporation as may be organized by them, to construct, lay down, maintain, and operate for the term of thirty years, after the railway authorized by this act shall have been commenced, a railway, either single or double track, or partly single and partly double, with such curves, switches, turnouts, poles, wires, underground or overhead conduits, and such other appliances and appurtenances as may from time to time be necessary for the use and operation thereof, along and upon the following streets, roads, and places, in the district of Honolulu, upon said island of Oahu, to wit: 1st. Beginning at the corner of Wyllie and Nuuanu streets and running along said Wyllie street to Liliha street, thence along Liliha street to King street, thence along King street to such point upon or near Nuuanu stream, whence by a direct or nearly direct line Hotel street may be entered, with the right to bridge said stream for said purpose and to cross the intervening portion of the block adjoining the stream on the north; thence along Hotel street, Palace walk, Printer's lane, or such street as may replace said Printer's lane and be extended to the end of Young street on Alapai street, with the right to cross the intervening premises between the present terminus of Printer's lane to said point on Alapai street, if such street be not at that time extended; along Young street to Kapiolani street, and through Kapiolani street to either Beretania or King streets; along Beretania or King street to Victoria street; and on Victoria street to Young street; and thence along Young street to the southeast end of said Young street; thence to King street, crossing the intervening premises; thence along King street and the unopened extension thereof to the road from Beretania street to Moiliili; thence along said road towards Waialae and Palolo to the park or Kapahulu road, and thence along said road to Leahi avenue; thence along said avenue and across the intervening property to the road leading around the seacoast to the southwesterly and south of Diamond Head, and along said road to Waialae. Beginning again at the junction of said road, leading around Diamond Head and the Kapiolani Park; thence through the said park on a line parallel with the makai or Westerly street thereof, and mauka of said street, on a line designated and approved by the Honolulu park commission, to the Waikiki road at or near Makee Island; thence along the mauka side of the Waikiki road through the premises adjoining the same to the so-called Bishop Switch: Provided, however, That the consent of the governor first be obtained for such right of way through said park, as provided for by act 53 of the Session Laws of 1896, approved June 6, 1896, or as an alternative route in Waikiki, the following: From the said Kapiolani Park, along the Waikiki road to a road leading into the Kekio tract joining Kapiolani Park; thence along said road following around the said tract crossing Hamohamo stream, and crossing the intervening territory, to the Apuakehau stream; thence down said stream to the bridge on the Waikiki road, crossing the same and turning to the left at a convenient point, crossing the intervening property, and connecting with the Kalia road near its southeasterly terminus; thence along the said Kalia road to the Beach road or after crossing said bridge, instead of turning to the left along Waikiki, to the so-called Bishop Switch; thence down the road leading southwest to Kalia road; thence along said Kalia road to the Beach road at the Piinaio stream; thence along said Beach road to a point near Sheridan street upon a line with Queen street extension; thence to said Queen street and along the same to River street; thence along said River street to Hotel street. Provided, however, That the said association and others in using the Young street route, may, upon first obtaining the governor's consent, in writing, go through Thomas square in place of using the route herein before set forth which excludes Thomas square from being operated as a part or portion of the Young street route. 2nd. Also beginning at the corner of Fort and Queen streets and running thence along Fort street to the wharf; thence along the water front to Alakea street; thence along Alakea street to Emma street; thence along Emma street to Punchbowl street at the point of junction with School street; thence along Punchbowl street to the Pauoa road; thence along said road to a point whence by crossing the intervening premises, the right to do which is conferred, connection can be made with the southeasterly end of Judd street at Nuuanu stream, and crossing the same by a bridge; thence along said Judd street to Nuuanu street; thence along Nuuanu street and Nuuanu Valley road to the Pali; or, in place of the route on Alakea street to Emma street the following: Beginning at the junction of Alakea street and the water front; thence along Alakea street makai of the market; thence around the southerly side of the market to Richards street; thence along Richards street to Beretania street; thence along Beretania street to Emma street. 3rd. Also beginning at the corner of Emma and Vineyard streets; thence along Vineyard street and extension thereof to Liliha street; thence through the lands generally called Palama to a point makai of or near to Houghtailing's residence upon the road adjoining the Kamehameha School premises; thence along said road to King street; and thence along King street to Moanalua; or as an alternative the following: In place of the route from the "corner of Emma and Vineyard streets to a point near the Houghtailing residence," the folHA- -35 lowing, that is to say: Beginning at the corner of Emma and School streets; thence along School street to Liliha street; thence crossing the intervening country to and across the road leading to the Insane Asylum, and intervening country, and thence around by the road alongside the Kamehameha School premises to King street at Waipilopilo. 4th. Also beginning at the corner of Hotel and Bethel streets; thence along Bethel street to King street; thence along King street to Fort street; thence down Fort street to Merchant street; thence along Merchant street to Richards street (with a spur to or near the Hawaiian Opera House); thence along said Richards street to the water front, with the right to connect with the Richards street line on the water front and on Allen or Halekauwila street. 5th. Also beginning at the corner of Young and Alapai streets and running along Alapai to Lunalilo street; thence along Lunalilo street to Pensacola street; thence along Pensacola street to Wilder avenue; thence along Wilder avenue to Punahou street at the junction of Beckwith street; thence along Beckwith street to Metcalf street; thence along Metcalf street into Manoa Valley, connecting other roads or crossing the intervening territory with line 6. 6th. Also beginning at the corner of Wilder avenue and Punahou street and running along Punahou street to the Manoa Valley road; thence along the Manoa Valley road into Manoa Valley. 7th. Also beginning at the corner of Wilder avenue and Keeaumoku street and running along Keeaumoku street to King street; thence along King street to Sheridan street; thence along Sheridan street to the Beach road. 8th. Also beginning at the corner of Wilder avenue and Pensacola street, or at some point near the Pauoa bridge on Punchbowl street; thence along the road or through the open country upon the ridge to the Tantalus Residence Park. 9th. Also beginning at the corner of Wyllie and Liliha streets; running thence along Liliha street to the southeast, and thence across the intervening territory to the Nuuanu Valley road at or near to the electric-light station; thence to the Pali. 10th. Also beginning on King street at the junction of either road running mauka; thence up said road, across the Kalihi Valley, and into Kahauiki by any available route; through Kahauiki to King street at some point in Moanalua, crossing the intervening country. 11th. Whenever the majority of the owners of property on any street or road in said Honolulu shall, in writing, petition said association and others to lay a railway in such street or road, and the governor shall consent thereto, such railway may be laid thereon and thereafter may be maintained and operated for the unexpired term of the franchise. MOTIVE POWER. SECTION 3. 1st. The said railway shall be operated by electric power, either by overhead or underground wires or by storage batteries, or by such other method as may be an improvement upon either; or by compressed air; or by such other motive power as the said association and others may from time to time elect, subject nevertheless to the prior consent and approval of the governor: Provided, however, That a part of such railway may be operated by one motive power, while another or other portions thereof may be operated by another or other motive powers, with the consent and approval as aforesaid: And further provided, That it shall not be lawful to operate the whole or any part of said railway at any point between Diamond Head and the western boundary of Kalihi, or between the seacoast on the one side and a line drawn parallel or nearly parallel to the seacoast and a mile and a half distant therefrom, upon the other side, with any car, engine, or other vehicle emitting steam, smoke, or offensive odors, or burning coal or any other fuel while running upon any of the streets, roads, or places within said area, nor with animals attached to the cars. 2nd. If the said association and others, at any time, by lease or otherwise, acquire the rights, franchises, and property of any other person or corporation operating a street railway in Honolulu, or elsewhere on said Island of Oahu, the motive power in this section authorized may be used upon the railway so acquired; and all of the rights, privileges, powers, and authority by this act conferred with the reference to the occupation of streets, maintenance and operation of railways, cars, and other powers by the same conferred, are hereby authorized in the maintenance and use of the property so acquired. 3rd. The motive power by this section authorized may be used for all of the purpose of railway traffic, either in the transportation of passengers, mail, freight, or otherwise. METHOD OF CONSTRUCTION. SECTION 4. 1st. The said railway, together with all its branches and connections 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 streets, roads, and places in which it may be laid; and the location in the streets shall be as directed by the superintendent of public works. 2nd. 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, and with proper lighting and signalling appliances, and with proper numbers, route-boards or signs, as approved by the governor. 3rd. The tracks shall not exceed in width four feet eight and onehalf inches between the rails. 4th. The said association and others shall pay all expenses and damages and save the government harmless and indemnified from all loss, cost, damage, and expense in consequence of, or arising from, the construction and operation of said railway, and pay for all repairs to the streets in which the same may be located, made necessary or advisable by the construction and operation of said railway. And said association and others shall so provide for its electric currents and provide such conductors thereof, and of return currents, that avoidable injury or deterioration shall not occur nor be done to the water pipes, sewer pipes, gas pipes, or other property of the government, or of any person or corporation, and shall save the said government, or any person or corporation, harmless and indemnified from all loss, cost, damage, and expense by reason thereof. 5th. The style of rail to be employed by the said association and others in constructing and laying down the several railway tracks, and the manner of laying such rails, shall be such as may be approved of by the superintendent of public works; provided, however, that the weight of such rails shall not be less than 56 lbs. per yard. 6th. In laying down the said tracks not more than one block on any |