The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-11-03
Our Fisheries Question.

Mr.. EDITOR: The question of the So
called konohiki fisheries is as near peren-
NAL as anything Hawaiian can we'll be.
Always presenting itself and always de-
feated, it always returns just as if no
thing had happened. Knocked out at
every session of the Legislature since
any one can remember, it comes up
again fresh and smiling, Indifferent to
legal and constitutional technicalities,
impervious to ridicule, and serenely con-
fident, apparently, of ultimate success.
1t would seem as if the remarkable vital
ity exhibited by this question was at
least strong presumptive evidence of its
possessing some merits. Its wonderful
staying powers indicate that there is
something in it which the people really
care about, and which they will not
easily give up.
Questions of this kind are always de-
serving the serious and respectful con-
sideratiOn of Ministers and legislators. 1t
seems pity that our legislators could
not have found time and inclination to
give this matter fuller consideration at
their last session. 1t must be admitted,
however, that they accorded it more re-
spectful treatment than some OF their pre-
deceSSOrs. 1t was ordered that the whole
subject in its various bearings be investl-
gated, and reported upon at the next ses-
sion. 1t is to be hoped that the investi-
cation viii be thorough, and that any re-
port which may be made will contain
definite and practicable recommends
tons in the way of meeting and satisfy
ing what is evidently genuine popular
demand.
So far as 1 have been able to under
stand the matter, the difficulty of the
case arises from the fact that the technl-
cally legal and constitutional right is on
one side, and natural right and the es-
sential equities of the case on the other.
This is by no means an unprecedented
state of things. Other public questions
have been in a similar condition, and
presented analogous difficulties. But
with an earnest desire to effect a settle
ment, and an honest determination to do
what was right, q solution has generally
been arrived at.
In respect to the fisheries, the people
have a real grievance and their demand
is substantially just. No man has or can
have an equitable right to mOnopolize
the fish of the sea, or the fowls of heaven,
which he has done nothing whatever to
produce, or maintain, or preserve. The
present system and the privileges en-
jOyed under it are relic of feudal barbar-
ism, whose survival to the present day is
reproach TO Hawaiian craftsmanship.
1t is contrary to the spirit of the age, and
ought to be got rid of, not violently of
course, but legally and constitutionally.
Monopolies die hard, particularly when
fhpV ara nntrpnphnH hphinH what
called vested rights, which in many
cases is only another name for vested
wrongs. Our fishing monOpOlies are no
exception to the rule. The legal ques-
ton, in its strictly technical aspects,
cannot be here discussed. The right OF
the matter seems perfectly clear. 1t
may be true, as was asserted, in sub
stance, by the Minister of the Interior,
that the Supreme Court will knock the
bottom out OF any law which may be
passed, abrogating or abridging these
exclusive privileges.
OF course nc definite action can be
taken until the next session of the Legis-
lature. In the meantime, it is to be
hoped that the gentlemen to whose con-
sideration the question was committed
will study the matter carefully. Not, as
has been too often the case in dealing
with proposed reforms in the past, to
find an excuse for doing nothing, but
with a sincere purpose to reach some
practical solution. To leave it in it's
present shape, to lie back and say non
possimus, aole hiki, nothing can be done,
is the part of neither courage nor states
manship. For my own part, am fully
convinced that should the legal and con-
stitutional obstacles in the way of any
other settlement be found insurmount-
able, it would be web for the Govern
ment to consider some plan for assuming
the control of these fishing privileges, |
upon the basis of compromising the pre-
sent holders for whatever legal rights |
they may be found to possess.