The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-06-19

! tiOn to this bill unless perhaps ne IS lhteI'
| ested in some kOnohikis The House has
| to look after public interests, but some
members seem to be here only to look after
! their own interests.
Rem. c. Brown said the hon. member,
| Kamauoha, did not appear to know what
! he was talking about. The people have a
right to take and sell fish, except that be-
| longing to the kOnohikis. The people have
Lhad these rights since the islands were
| known, and these rights were engratted on
| laws existing from the oldest time and are
recognized still.
Noble Townsend approved of the princi-
Dle of the bill and requested that 1t be al
lowed to take its course. lie mao no re-
gard for the vested rights of kOnohlkls. he
considered the vested rights OF kOnOhlklS 20
be on the same basis as the vested rights OF
pirates and nothing else. The konOhlkl
does not cause the fish to grow IN the sea
nor does he take care OF them while grow
ing.
Noble Widemann said if the law is to be
considered with view to interfere with
vested rights of the konohikis, it ought to
be indefinitely postponed. He is no kOno-
hiki but has regard to the rights OF kOnO-
hikis The question of fishery rights is a
vital question in other countries. The
United States, England, Germany and
France keep armed cruisers at1Oat to look
after their fisheries.
Noble Castle said that, while not in favor
of the bill as it stands, yet the subject IS
one of such importance that 1T needs ex-
animation. and ought to be referred to
committee. The law. as it stands, IS SuS-
ceptible of much abuse. Who is to Tx the
one-mile limit? l know from what have
heard many times that natives have been
mOested and driven away from the open
sea probably outside of the One-mile limit.
This alone justitieS reference to 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 just there was the
question as to where the three-mile 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 gaInsay that right. If our
island law can be adjusted to agree with
this, it will be step in advance.
Minister ThurStOn said he would vote
for rejecting the bill, as he was of the
opinion that it amounts simply to contls-
may go '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 petit
tons have been coming before the Legis- 4
Iature since 1850 Oh this question. No law
can confiscate 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 dlferent: Inc one
takes public property and devotes 1T to
special purposes; the other takes private
property and converts it to public use.
Minister Ashford said he proposed to
vote against the rejection of this bill.
There NAV be some who are not satisfied
as to the exact rights of kOnOhikis. 1t
would be as we'll to refer the matter to the
J Judiciary Committee, and let them report
on it.
Noble Townsend said the argument that
the bill Is unconstitutional is no argument
against letting it take its course. That /
might be an argument against finally
passing it, He conceded that it is uncOn- |
stitutiOnal in its present form.
Minister Green wished to explain his |
vote on the rejection of the bill. l think |
we are all agreed that this bill cannot pass |
as it is presented; but | 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 it 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 to elicit further
on this important subject, 1
vote "nO" on the motion to reject the bill
The vote for rejection of the bill was de-
eated, on the following division:
Ayes-ThurstOn, Robinson, DOWsett, sr.,
Jaeger, Foster, Motley, Wall Bailey, Wide
mann, Makee, Dowsett, jr., c. Brown,
Homer, Gay-14.
Noes-Green, Austin, Ashford Young,
Castle, Luhiau, Wight, Townsend, Hitch
ock, Baldwin, Richardson, G. n. Wilcox,
Fustace, KalaukOa, Kauhi,
:. Brown, Deacon, Kamai, Mcguire, Ka-
nauOha, Paris, Nawahine, Daniels, Hele-
,unihi, Kawainui, A. S. Wilcox, Rice
PaehaOle--30.
QUESTION TO MINISTER.
Rep. c. Brown verbally asked the Min
Ster of Finance when the appropriation
ill is coming?
Minister Green said the Finance Com
nittee had requested that the appropria-
ion bill be held over for a short time.
Rep. Brown said If the Finance Commit
ee should fail to report for four or six
7eeks, it would be unfair to members who
ave other business to attend to, to be ,
bliged to wait for it.
The house took the usual noon recess.
Afternoon.