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Buildings, etc.

Pipes.

tory of Hawaii (he or they being hereinafter referred to as W. W. Dimond), are hereby authorized and empowered to manufacture and supply gas for use as a fuel, for illuminating purposes, and otherwise, in Honolulu, which, for the purposes of this act, shall be held to include all of that portion of the island of Oahu extending from the westerly limits of Moanalua to the southeastern extremity of said island, and lying to the southwest of the Konahuanui range of mountains on said island.

“SEC. 2. Said W. W. Dimond shall have the right to erect and maintain at such places, within the limits mentioned in section one, as the superintendent of public works shall approve, such buildings, machinery, and appurtenances as may be necessary for the production, manufacture, and storage of such gas, together with its various by-products, as may be required from time to time during the existence of the rights hereby granted.

“Sec. 3. Said W. W. Dimond, for the purpose of distributing such gas for use as by this act authorized, shall have the right from time to time to lay pipes or other conduits for such distribution, in or under the streets, roads, and places in the said district; and whenever supply pipes and mains shall be laid in any block, connections shall be made and pipes shall be laid from said main to the curb line of the street for the purpose of supplying gas to the property holders adjoining such street, and each of such connections shall be proyided with stopcocks inside of such curb line: Provided, That nothing herein shall prevent the laying down of additional branches or connections at any time when future requirements render the same necessary. But the methods by which such streets, roads, and places are to be used shall be subject to prior consent and approval of the superintendent of public works, and all instructions and directions made by him shall be strictly followed, to the end that the general public shall be inconyenienced as little as possible; and provided, likewise, that whenever any street, road, or other place shall be excavated and holes or trenches made therein for laying, maintaining, replacing or repairing such pipes, conduits, or connections, such holes or trenches shall be safeguarded and refilled as soon as possible, and the pavement, if any, and such street, road, or place shall be replaced in good order and condition: Provided, That if such repair or restoration shall not be made to the satisfaction of the superintendent of public works within a reasonable time, whereof he shall be judge, he may cause it to be done at the expense of the said W. W. Dimond.

"SEC. 4. Said W. W. Dimond shall also have the right to erect and maintain lamp-posts or other appliances for lighting streets, roads, or other places, and of connecting the same with the supply pipes: Provided, That such use of said streets, roads, or other places shall first be approved by said superintendent of public works: And provided further, That if said W. W. Dimond shall manufacture and supply illuminating gas, as well as gas for fuel, and shall erect lampposts as aforesaid, he shall, on requisition of the superintendent of public works, furnish free of cost gas for fifty street lights, and thereafter shall each year furnish five more in addition to the number furnished the preceding year.

“Sec. 5. Said W. W. Dimond shall also have the right to maintain and use gas meters or other means for measuring the amount of gas used from time to time and in such places as may be deemed necessary, and to operate the same for all purposes connected with the use of such gas, and shall also have the right to charge, receive, and collect from all consumers of gas such reasonable prices as he or such persons or corporation may froin time to time fix and determine, but not at any time to exceed two dollars and twenty-five cents per thousand cubic feet, with a discount of ten per cent on all payments made within

Street lamps, etc..

Meters.

ten days after due and demanded, and shall also have the right to charge consumers or intended consumers of gas for the cost and expense of making connections between the mains and premises where such gas is to be used, and may include also the price for all connecting pipe, gas fixtures, and other material necessary: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at all times and upon the petition of any consumer or the said W. W. Dimond, his associates, successors, or assigns, or of such corporation to hear and determine from time to time what rate or rates are reasonable, and to enforce the same by appropriate judgment or decree.

Sec. 6. Said W. W. Dimond shall also have the right to cut off Cutting off supply. the supply of gas from any consumer who shall refuse or fail to pay amounts due for gas so supplied by the said W. W. Dimond, within such reasonable time as may be fixed for payment of the same; but such cutting off shall not prevent the said W. W. Dimond from using any remedies now or which may hereafter be authorized by law for collecting debts.

“Sec. 7. Said W. W. Dimond may erect and construet all buildings, General powers. machinery, and other appurtenances necessary to the operation of the rights hereby granted, and may maintain and operate the plant necessary to the enjoyment of the rights hereby granted, either personally or in connection with others as partners; or the rights, powers, and authorities hereby granted may be assigned to other persons, or to a corporation to be by him or them incorporated under the laws of the Territory of Hawaii, but in all cases, by whomsoever the rights, powers, and authorities hereby granted shall be exercised, such exercise and operation shall be in such manner as to cause the least inconvenience to the public, and he or they shall, in such use, provide fuel and illuminating gas of the best quality obtainable, which quality shall be subject to the control of such reasonable rules and regulations as the superintendent of public works shall from time to time deem necessary for the protection of the public, and the buildings and machinery, with all appurtenances, to be erected, and general plant to be maintained in connection therewith, together with the offices, books, and accounts of the said persons or corporation shall be open to examination and inspection at all times by the superintendent of public works or his agent duly authorized for that purpose. "Sec. 8. It is further provided that the rights hereby granted shall L

Limitations cease and determine, if operations hereunder are not commenced by beginning the construction of buildings or other works for manufacturing or supplying such gas, or by laying pipes or other conduits in any of such streets, roads, or places within one year from and after the passage of this act, or within one year after the franchise hereby granted shall be approved by the Congress of the United States, should such approval be deemed necessary to the legality hereof; and also that such works shall be in operation and gas shall be supplied for the purpose of this act within two years after such work has been $0 commenced: Provided, That the rights hereby granted shall not be considered exclusive.

"Sec. 9. On the first day of July of each year there shall be paya- Grant not exclusive. ble to the treasurer of the Territory of Hawaii, for and on behalf of such Territory, two and one-half per centum of the gross receipts of said W. W. Dimond for all gas furnished to consumers under the terms of this act.

“Sec. 10. This act shall take effect from and after the date of its
approval.
* Approved this 15th day of April, 1903.

“SANFORD B. DOLE,
“Governor of the Territory of Hawaii."

Grant not exclusive.

Amendment.

SEC. 2. That Congress, or the legislature of the Territory of Hawaii with the approval of Congress, may at any time alter, amend, or repeal said Act.

Approved, April 21, 1904.

April 21, 1904. CHAP. 1407.-An Act Making appropriations for fortifications and other works of [H. R. 12446.] defense, for the armament thereof, for the procurement of heavy ordnance for trial [Public, No. 130.] and service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Fortifications ap- States of America in Congress assembled, That the sums of money herein

provided for be, and the same are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be available until expended, namely:

propriations.

FORTIFICATIONS AND OTHER WORKS OF DEFENSE.

Range finders.

batteries. ties and mortar for construction of gun and mortar batteries, seven hundred thou

sand dollars.

For installation of range and position finders, two hundred and

twenty-five thousand dollars. Sites.

For the procurement or reclamation of land, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications and coast defenses, one hundred thousand

dollars. Searchlights

For purchase and installation of searchlights for the defenses of our

most important harbors, one hundred and fifty thousand dollars. Preservation, etc

For the protection, preservation, and repair of fortifications for which there may be no special appropriation available, three hundred

thousand dollars. Plans.

For preparation of plans for fortifications, five thousand dollars. Electric plants.

For tools, electrical and engine supplies and appliances, to be furnished by the Engineer Department, for the use of the troops for maintaining and operating electric light and power plants in gun and

mortar batteries, thirty-five thousand dollars. Sea walls.

For construction of sea walls and embankments, ninety-nine thousand dollars.

For the construction of mining casemates, cable galleries, torpedo storehouses, cable tanks, and other structures necessary for the operation, preservation, and care of submarine mines and their accessories, eighty-seven thousand dollars, to be expended by the Engineer Department.

It shall be the duty of the Secretary of War to apply the money herein appropriated under the heading “Fortifications and other works of defense,” in carrying on the various works, by contract or otherwise, as may be most economical and advantageous to the Government. Where said works are done by contract, such contract shall be made after sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders, accompanied by such securities as the Secretary of War shall require, conditioned for the faithful prosecution and completion of the work according to such

contract. Armament.

ARMAMENT OF FORTIFICATIONS.

Submarine mines.

Contracts

Machine guns.

For the purchase, manufacture, test, and issue of machine and automatic guns, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, two hundred and ten thousand two hundred and twenty-nine dollars.

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siege cannon.

For the purchase, manufacture, test, and issue of mountain, field, and Mountaiu, field, and siege cannon, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, five bundred and eighty-four thousand two hundred dollars.

For the purchase, manufacture, test, and issue of ammunition for Ammunition. machine and automatic guns, and for mountain, field, and siege cannon, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, two hundred and eleven thousand six hundred dollars.

For the purchase, manufacture, test, and issue of rapid-fire guns for Rapid-fire guns. coast defense, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, six hundred and eighteen thousand dollars.

For the purchase, manufacture, test, and issue of ammunition for Ammunition, rapid-fire guns for coast defense, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, one hundred and seven thousand dollars.

For the purchase, manufacture, test, and issue of seacoast guns and Seacoast guns. their mounts, including sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, one hundred and eighty thousand dollars.

For the purchase, manufacture, test, and issue of ammunition for Ammunition. seacoast cannon, including the necessary experiments in connection therewith and the machinery necessary for its manufacture at the arsenals, three hundred and thirty thousand dollars.

For the purchase, manufacture, and issue of inspecting instruments mer for the manufacture of cannon, carriages, and ammunition; range etc. finders and other instruments for fire control at the fortifications and in field batteries, and the necessary machinery for their manufacture at the arsenals, two hundred and seventeen thousand five hundred dollars. For the purchase, manufacture, and issue of ammunition, subcaliber fof

olihor Ammunition, etc.,

for practice. tubes, and other accessories for artillery practice, including the machinery necessary for their manufacture at the arsenals, three hundred and seventy-four thousand dollars.

For the alteration and maintenance of the mobile artillery, includ- malterations, etc., ing the purchase and manufacture of lathes, tools, and materials necessary for the work and the expenses of the mechanics engaged thereon, eleven thousand dollars.

For the alteration and maintenance of the seacoast artillery, includ- co ing the purchase and manufacture of lathes, tools, and materials necessary for the work, and the expenses of the mechanics engaged thereon, five hundred thousand dollars.

For eight-inch, ten-inch, and twelve-inch guns, manufactured by Contract guns. contract, under the provisions of the fortifications Acts approved August eighteenth, eighteen hundred and ninety, and February twentyfourth, eighteen hundred and ninety-one, two hundred and one thousand dollars.

Inspecting instruments, range finders,

Alterations, etc., seacoast guns.

Vol. 26, pp. 819, 770.

PROVING GROUND, SANDY HOOK, NEW JERSEY.

Sandy Hook proving ground, N. J.

For current expenses and maintenance of the ordnance proving Maintenance. ground, Sandy Hook, New Jersey, including expenses incident to the transportation of men and material therefor, general repairs and alterations and accessories incidental to testing and proving ordnance, including hire of assistants for the Ordnance Board, skilleil mechanical labor, purchase of instruments and other supplies, building and repairing butts and targets, clearing and grading ranges, fifty thousand two hundred and forty-three dollars.

For the necessary expenses of officers while temporarily employed Expenses of officers. on ordnance duties at the proving ground and absent from their proper

Roads.

penses.

station, at the rate of two dollars and fifty cents per diem while so employed, and the compensation of draftsmen while employed in the Army Ordnance Bureau on ordnance construction, eighteen thousand

seven hundred dollars. Track repairs. For repairs of railroad tracks connecting the proving ground with

the Central Railroad of New Jersey, six thousand dollars.

For replacing plank roads by macadam, five thousand dollars. Observation ex. For the construction of bomb proofs for protection of observers at

the different targets, and to provide facilities for observing the bursting point of shrapnel and high-explosive shell, four thousand dollars.

For observation range and plotting tower, seven thousand two hun

dred dollars. Officers' quarters. For adding to the wing of the brick house for accommodation of

officers temporarily at the proving grounds, including heating, lighting, plumbing, and furnishings, in addition to the eleven thousand dollars appropriated by Act approved June sixth, nineteen hundred and two, five thousand six hundred dollars.

Watervliet Arsenal.

WATERVLIET ARSENAL, WATERVLIET, NEW YORK.

Gun Factory plant.

For purchase and installation of electric power plant in Army Gun Factory, Seventeen thousand dollars.

For rebuilding electric crane in main gun shop, fifty thousand dollars.

Electric crane.

Watertown Arsenal.

WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS.

Machines and tools. For the purchase of machines and tools at Watertown Arsenal, thirty

thousand dollars.

Frankford Arsenal.

FRANKFORD ARSENAL, PHILADELPHIA, PENNSYLVANIA.

shrapnel plant ma- For necessary machinery for enlarging shrapnel plant authorized by chinery. Vol. 32, p. 1027 the fortification appropriation Act, approved March third, nineteen

hundred and three, thirty thousand dollars.

For building for assembling and storing artillery ammunition, thirty thousand dollars.

SUBMARINE MINES.

Submarine mines.

For the purchase of submarine mines and necessary appliances to operate them for closing the channels leading to our principal seaports, and continuing torpedo experiments, including extra-duty pay to soldiers necessarily employed for periods not less than ten days on work in connection with the issue, receipt, and care of submarine mining material at the torpedo depot, one hundred thousand dollars.

Fire-control installations,

FIRE-CONTROL INSTALLATIONS.

Electrical plants.

For the purchase, installation, operation, and maintenance of tho necessary lines and means of electrical communication, including telephones, dial and other telegraphs, wiring and all special instruments, apparatus, and materials, and salaries of electrical experts, engineers, and other necessary employees, connected with the use of coast artillery, five hundred thousand dollars.

Insular possessions,

FORTIFICATIONS IN INSULAR POSSESSIONS.

Seacoast batteries,

Sites, Hawaii,

For construction of seacoast batteries in the insular possessions, seven hundred thousand dollars.

For procurement of land needed as sites for the defenses of the Hawaiian Islands, two hundred thousand dollars.

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