The Hawaiian gazette., 1888-06-26
The Legislative Assembly.

Pen Kamauoha read, a first time, a bill TO
renesI sections 3S7, 3SS, 3S9, $50, SSl, 392,
3o4 3o5 and 395 OF the Civil Code, relating
to the konohiH hsheries
Rep. c. Brown moved the Dill Oe re-
iected 1t Is unconstitutional. as interter-
mo with vested rights and also as 1t Is on two
subjects. We may as well pass bill TO
take private property from the owners
Rep Kamauoha did not agree with the
hon. member who had just spoken. Inc
law sought to be repealed IS relic OF the
old order of things. The proposed ACT
takes no land from anyone. II SIMPLY
makes the sea adjacent to the iano lree 10
the rse Of the public. TIE hon. member
has no scruples about supporting meas,
ures going for the Crown lands. He could
not understand the hon. members opposl-
rion TO this bill unless perhaps he IS inter
ested in SOME konohikis. The House has
TO look after public interests, but some
meu:5ers seem to be here only to look after
:neir own interests
Rep. {. Brown said the hon. member,
Kamauoha. did not appear to know what
he was talking about The people have
NIGHT TO take and sell fish, except that be-
longing 10 the konohikis. The people have
had sNese rights since the islands were
known. and these rights were engratted on
laws existing from the Oldest time ana are
recognized still.
Noble To&7nsend approved OF the prlnci-
pie OF the bill and requested that 1t be al
lowed TO take its course. be had no re-
gard for the vested rights OF konohikis. DE
considered the vested rights OF konohlkls TO
be on the same basis as the vested rights OF
pirates and nothing else. The konOhlR
does not cause the fish to grow IN the sea
nor does he take care OF them while grow
ing.
81 tn int lore
vested rights of the konohlkis, ii ought 10
be indefinitely postponed. de is no kono-
hiki, but has regard 10 the rights OF kono-
hikis The question of fishery rights is
vital question in other countries. The
United States, England, Germany and
France keep armed cruisers atioat to look
after their fisheries
Noble Castle said that, while not IN favor
OF the bill as il stands, yet the subject Is
one of such importance that II needs ex
animation, and ought to be referred to
committee. The law as it stands, is sus-
ceptible of much abuse. Who Is TO tlX the
one-rnile limit2 l know from what have
heard many times that natives have been
molested and driven away from the open
sea probably outside of the one-mile limit.
This alone justifes reference TO a commit
tee, that they may report whether the law
can be satisfactorily amended.
With regard to the suggestion Of Noble
Widemann. as to the three-mile limit,
which has caused so much trouble. 1t Is
an international question, not one which
can arise between the Government and
citizen, or between citizens OF the same
country Yet the cause ust there was the
question as to where the three-mlle limit
might be- The whole theory of private
ownership in the ocean water, is opposed
TO that principle dear to the Anglo-SaXon
heart that there can be no ownership in
the floating waters of the deep or in the
air overhead. BY that law one who
catches fish owns them; one who traps
and holds the bird of the air is its owner,
and no one can galnsay that right. If our
island law can be adjusted to agree with
this, it will be q step in advance.
Minister Thurston said he would vote
for rejecting the bill, as he was of the
opinion that it amounts simply to contis-
cation of private property. The House
may 90 on, indefinitely. passing laws to
interfere with vested rights, but such laws
will not amount to row OF pins; they
will be annulled whenever they come be-
fore the Supreme Court Bills and peti-
Iions have been coming before the Legis-
lsture since 1850 Oh this question. No law
can confscate private property in fisheries
without providing compensation therefor.
Reference had been made to the proposed
action of the House On the Crown Lands
The cases are entirely different The one
takes public property and devotes it to
special purposes; the other takes private
properly and converts it to public use.
Minister Ashford said he proposed to
vote against the rejection OF this bill.
There may be some who are not satisfied
as TO the exact rights of konohikis. 1t
would be as well to refer the matter to the
Judiciary Committee, and let them report
on it.
Noble Townsend said the argument that
the bill Is unconstitutional is no argument
against letting il take its course. That
might be argument against finally
passing it. He conceded that IL is uncon-
stitutional in its present form.
Minister Green wished to explain his
vote on the rejection of the bill. think
we ale all agreed that this bill cannot pass
as it is presented; but I sympathize with
those who would like to see the whole
question discussed. 1t is now acknowl-
edged in all civilized communities that the
products of the sea, when properly worked
and cared for, form an extremely valuable
food supply, and il may be found to be for
the best interest of this Kingdom to pur-
chase whatever fishing rights the konohikis
have, and make them free to all. subject,
perhaps, to certain regulations. With this
explanation. and in order 10 elicit further
information on this important subject,
The vote for rejection of the bill was de-
feated, on the following division:
Ayes-Thurston, Robinson, DOwsett, ST.,
Jaeger, Foster Motley Wall, Bailey, Wide
mann, Makee, Dowsett, jr., C. Brown,
Horner, Gay-4.
Noes-Green, Austin, Ashford, Young,
Castle, Luhiau. Wight, Townsend, Hitch
cock, Baldwin, Richardson, G. n. Wilcox,
Bertelmann. Hustace, Kalaukoa, Kauhi,
F. Brown, Deacon, Kamai, Mcguire, Ka-
mauoha. Paris, Nawahine, Daniels, Heie-
kunihi, Kawainui, A. S. Wilcox, Rice,
Nakalika, Paehaole-30
QUESTION TO MINISTER.
Rep. c. Brown verbally asked the Min
lister of Finance when the appropriation
bill is eOming2
Minister Green said the Finance Com
mittee had requested that the appropria-
ton bill be held over for a short time.
Rep. Brown said If the Finance Commit
tee should fail to report for four or six
weeks, it would be unfair to members who
have other business to attend to, to be
obliged to wait for it.
The house took the usual noon recess.