No. 620.
Mr. Merrill to Mr. Bayard.

No. 196.]

Sir: I have the honor to inclose copy of “An act to authorize the Hawaiian Government to contract for the construction of inter-island submarine electric telegraph cables,” approved on the 2d instant, by the provisions of which the contract may provide for the payment by the Hawaiian Government of $25,000 to the constructor on the completion of the line connecting the group.

A contract has been entered into with the Mr. Bartholomew mentioned in the act, and he is now in the United States arranging for the construction of the cable.

I am informed by the minister of foreign affairs that the prospect for the success of the enterprise is very favorable.

I have, etc.,

Geo. W. Merrill.
[Page 867]
[Inclosure in No. 196.]

cable concession in hawaii.

AN ACT to authorize the Hawaiian Government to contract for the construction of inter-island submarine electric telegraph cables.

Be it enacted by the King and the legislature of the Hawaiian Kingdom: Sec. 1. The minister of the interior, with the unanimous concurrence of the cabinet, is hereby authorized to enter into a contract with J. Sherman Bartholomew, residing in Honolulu, H. I., his associates and assigns, or with any other persons or corporation, for the construction, laying, or maintaining of a submarine electric telegraph cable or cables to connect the islands of the Hawaiian group from Hawaii to Kauai, as follows, to wit: From Hawaii to Maui, from Maui to Oahu, with a landing on Molokai, and from Oahu to Kauai, together with lines of land telegraph to connect the same with all or any points on the Hawaiian Islands.

Sec. 2. Such contract may, by its terms, provide for the grant, concession, and confirmation by the Hawaiian Government to the said J. Sherman Bartholomew, his associates and assigns, or any other persons or corporation (hereinafter named and referred to as the constructors), of the sole and exclusive right and privilege to construct and lay submarine electric telegraph cables to connect the islands of the Hawaiian group, from Hawaii to Kauai, by the way of Maui, Molokai, and Oahu, together with lines of land telegraph, to connect the same for and during a period not to exceed ten (10) years from the first day of January, A. D. 1889; provided, however, that if the said lines of submarine electric telegraph cable shall not be laid ready for use on or before the first day of July, 1889, then the exclusive right and privilege, the granting of which is hereinbefore authorized, shall, at the option of the cabinet, at once, or at any time thereafter, lapse and become void upon three (3) months’ notice to that effect being given to the constructors. And provided also, that if any of the lines of land telegraph to connect with the said submarine cables shall not be constructed and ready for operation on or before the first day of January, A. D. 1891, then or at any time thereafter upon three months’ notice to the constructors, the minister of the interior, with the approval of the cabinet, may declare the exclusive right and privilege granted for the construction and maintaining of any such land line to be void and forfeited, and such exclusive right and privilege shall thereupon be void. And provided also, that the rights and privileges granted by virtue of this act shall not operate to prevent or preclude the Hawaiian Government from consenting to the landing, laying, or maintaining upon the Hawaiian Islands, or any of said islands, or in any Hawaiian waters, of any submarine telegraph or other electric cable or cables which shall serve to connect the said islands, or any of them, with any foreign country, or to interfere with the vested rights of any existing Hawaiian telephone or telegraph corporation.

Sec. 3. Such contract may further provide for the payment by the Hawaiian Government to the said constructors of the sum of twenty-five thousand dollars ($25,000) in the manner following, that is to say: Upon the completion of the said line in good working condition between Oahu and Maui, the sum of eight thousand dollars ($8,000); upon the completion of the said line in good working condition between Oahu and Hawaii, eight thousand dollars ($8,000), and upon the completion of the said line in good working condition between Oahu and Kauai, nine thousand dollars ($9,000).

Sec. 4. The granting of any of the rights or privileges and the payment of any of the money authorized by this act shall be conditioned upon the following additional covenants, that is to say: All messages other than Hawaiian Government messages or press messages shall be received and transmitted over any or all of said lines at the rate of not more than ten cents for each word, and all messages to or from the Hawaiian Government or any officer thereof in his official capacity and all press messages shall be received and transmitted over said lines for one-half of the rates charged for messages other than Hawaiian Government messages or press messages.

Sec. 5. Upon proof satisfactory to the minister of the interior that the respective sections of said line, as set forth in section 3 of this act, have been completed and are in good working condition for the transmission of messages, the said minister is hereby authorized and directed to pay to the said constructors the respective sums of money as provided in said section 3.

Sec. 6. This act shall take effect from and after the date of its approval.


Kalakaua Rex.

By the King:

L. A. Thurston,
Minister of the Interior.