Page:United States Statutes at Large Volume 39 Part 1.djvu/548

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SIXTY-FOURTH CONGRESS. Sess. I. Cris. 370, 371: 1916. 527 and the rights, privilegles, and powers by this Act conferred shall not be construed to be exc usive. _ Sec. 13. The Territory of Hawaii, the county of Hawaii, or an t0i)§i'§i°§°° by Tu"` pplitical subdivision thereof, within or including the district of South 1lO, may at any time after the ex iration of twenty years from the date of the passage of this Act by tlhe Congress of the United States, and upon six months’ notice in writing to the association, given pursuant to proper authority, when so authorized by the Legislature of the Territory of Hawaii, acquire by purchase all the property of the association, subject to the then existing charges thereon. The amount to be paid to the association for such purchase shall be ¤¤ii.ii§iim”°"°° °f determined by a commission of three eisons, one to be appointed by the association, or, in case it should Fail to do so within thirt da s after having been requested to do so b the purchaser, then by tliie chief justice of the Supreme Co1n·t of Hgiwaii, one by the purchaser, and the third by the two so appointed; or, in case they should fail to agree upon the third member within thirty days, then by said chief justice, any such action by the chief justice to be taken only after giving to each party notice and an opportunity to be heard; but such amount shall in no case exceed the actual cost or the actual value of the tangible property or the actual cost of reproducing or-replacing it, less epreciation and less the charges thereon. The value of the franchise or good will or any other intangible element shall not be considered in determining the amountto be paid. . Either the association or the purchaser may appeal to the Su reme ‘*m’°°l· °°°‘ Court of Hawaii from the decision .of such commission bty filing a written notice of appeal with the commission within five age a ter the decision is rendered. It shall thereupon be the duty of the commission immediately to certify up to the supreme court the record of its proceedings, showing in such certificate the valuation claimed by the association, the valuation claimed by the urchaser, and the valuation as determined by the commission. Such certificate shall be accompanied by copies of all papers, documents, and evidence upon which the decision of the commission was based and a copy of such decision. Upon an such appeal the supreme court may in its behalf take or require further evidence to be introduced by either party. Within six months after the determination of the purchase price as ,,,,F,'QK}`§§`,;;2_ °° °°°‘° aforesaid the same shall be paid to the association, and thereupon the franchise granted hereby shall cease and determine, and all the property of sand association shall become the roperty of such pure aser C _ without any further conveyance; but said) association shall make all °°`°y°°°°°' such further conveyances as may be desired by the purchaser and approved by said commission or said court on appeal. · Approved, August 21, 1916. A zricis. CHAP. 371.-An Act Extending certain ppivileges of canal employees to other [Eli 15**55-} officials on the Cana] Zone and authorizing the resident to make rules and 1’Bgulf=[t10H8 (Public, No. m.] affecting health, sanitation, quarantine, taxation, lpublic roads, self-propelled vehicles, and police powers on the (‘anal Zone, and for other purposes, mcluding provision as to certain fees, money orders, and interest deposits. Be it enacted by the Senate and House eflgleylirescnmtives of the United States of America in Cem ess assembled, at, until otherwise pro- g;?;'§,L§g§$m__mgu_ Vided by Congress, the lgiiesident is authorized to make rules and lggpgsigbiw to the regulations in matters of sanitation, health, and quarantine for the Canal Zone or to modify or change existigg rules and regulations and _ those hereafter made from time to time. iolations of any quarantine v,§,’,_'j{g§Q,f*°°” °’ regulations provided for herein shall be punished by hne not to exceed $500 or by imprisonment in jail not to excee ninety days, or by both such fine and imprisonment, in the court/s discretion; and