The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-01-15
THE PACIFIC
Commercial Advertiser.
THURSDAY. JANUARY 10.


THURSDAY, JANUARY Is.
In Mr.. Wyllie's address TO the Royal Hawai-
ian Agricultural Society we notice the enuncia-
ton of the principle, that no claim for trespass
by animals ought to be allowed, where the land
is uninclosed by fence, followed up by the as
sertion that he Is proposed an act to that effect to
the Legislature of $780," No doubt it was so
since he says it, but we were not before aware of
it. We recollect well of "a persistent effort made
by one of the members of the Legislature of 1852
to pass a bill embodying the above principle-in
fact a regular Massachusetts fence law but it
was fairly secuted from the hall, carrying away
some feathers of the aspiring Lycurgus. A sec
ond bill was introduced, much modified from the
first, but it succeeded little, if any better. FL
nally a third, all by the anne member, SO terri
bly, raced from the first bill that it had not suf6-
cient altitude to project a shadow. 1t simply
recognized a fence as legal property of the owner,
and in that state passed by one majority, not
withstanding the opposition of Messrs. Rhodes,
Marshall and Robertson. the ablest members of
that House. 1t assembled to the House of Mobiles,
and there met swift rejection.
Here was a glorious chance for Mr.. Wyllie to
plant a :. protest. - if nothing more, that would
iis " III Cfc0i this uhy. III HiiSut
have loaned a single beam of approving counte-
nance, at least, to encourage a poor fellow while
struggling like a drowning man to save his bant-
ling. He might have done all this, but we never
heard of it. We suspect the Secretary at War,
like many other able warriors, is sometimes indif-
ferent to the sufferings of his soldiers, but, for the
credit of human nature, we hope we are mistaken.
His proposed act' may be classed with his
other claims, such as being the first to propose the
introduction of steam navigation, dredging Homo
lulu harbor, &c.-measures talked stale by the
community at large before his claim to public
gratitude as originator were known through his
reports-made and published at the public ex-
pense. The public, we guarantee, will feel amply
compensated for the outlay in knowing thereby
with certainty who their benefactor is.
Be all this as it may, it is certain the mustard
seed-like leaven planted in 1850 by Mr.. Wyllie,
has grown apace, as all must admit. Now we have
a statute implying that a fence is legal property,
not only, but making it a special trespass for ami
mails to break through it. Every person in the
kingdom, any way interested in the matter, will,
we dare say, acknowledge that the present statute
is a great improvement upon the old system. We
all see plainly now what a shocking affair the
JOlht IccOiutoI EtSptttuS tctrdys, pdSccu
Nov. ], 1Si6-imposing a penalty Of five dollars
for each and every animal stepping accidently
upon unfenced. uncultivated and useless ground
really was. We see that the severe religious
training of the natives had not elevated them be-
yond the temptation to make the Legitimate use
of such q trap thrown at their feet. The shadow
of that law has passed over us like a nightmare,
leaving the slime of perjury. idleness and disor-
ganized neighborhoods in its train, and not a
particle of planting interest promoted as was ex-
pected of it. The res buttons were framed with
the best intentions we have no doubt. but a little
knowledge of the law and history of other coun-
tries relating to the subject, would have informed
the makers that the principle involved was i'm
practicable in old, civilized communities, much
less here. In fact, it was a special statute array
ing poverty, vice, Reorganization and numbers
against ii c progressive efforts of the more wealthy
and enlightened few-placing all the weapons in
the hands of the former. A dangerous expert
ment. We are through with it, however. thank
God, and we hope the love of sans-oul heism will
never tempt us to do the like again.
But as the subject of trespass and estrays is
now before the Legislature, cannot the present
law be improved a little? We think So and if
W. WI 'foh A|h4 a. tIIshS IttAias
instead of looking smilingly on, they shall
enjoy all the credit, if successful. 1t seems that
the old pound benefciaries had sufficient influence
in the legislature to still retain the principle of
trespass and no fence in the present law, passed
Sept. 10. 1856, to the extent of twelve and u half
cents. 4 tall tumble from FIVE dollars, and very
gratifying to the honestly interested. We are
not disposed to growl at the Legislature for pro-
yiding a twelve and half cent cushion to break
the fall of such as had to come down, malgre
bOnyre; still il is twelve and half cents lopsided,
and it behooves others as well as ourselves to have
the matter righted. From our own observation,
from reports, and from the columns of the Hae
Hairai, we are assured, beyond doubt, that the
IS smoke of the torment" is still ascending from
the pit, Notwithstanding admission is only twelve
and a half cents. The more cunning have still a
pretext to impose upon the ignorant by magnify
ing the law, and when that will not succeed they
have only to advertise in the Haze that " every
horse, mule, ass, hog or neat cattle" breaking
their close,-where there is none,-must pay to
the owner thereof the sum of 81 or SIS, as the
case may be. This generally does the business, as
expected. We regret to record that some for
eigners have done the same thing. They must
know that such an advertisement 1--WE do not wish
to lessen the Hae's advertising business) carries
with it no legal right to demand one or FIVE dol
lars for trespass upon their lands. We willingly
believe they are laboring under q mistake. Feel
ing themselves injured by the coming Of other ami
mails upon their grazing lands, they seek redress
through the twelve and a half cent trespass chan
mel, by charging its bounds, instead of the dam
age provision which the statute plainly gives
There is no doubt but that the owner of
grazing land is injured by the trespassing of