The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-09
WILL ASK COMPENSATION HEAVY RAINS AANAEUA SF CHANGED LAWYERS
OWNERS OF ANCIENT FISHING
RIGHTS APPEAL.
Konohiki Privileges That Stretch Back
TO Prehistoric Times-Fisheries Now
Belong to All Citizens.

The first petition claiming ancient
rights to certain fisheries in the Terri
tory Of Hawaii has been placed with the
Attorney General, according to the pro-
visions of the Organic Act which pro-
vide that all such petitions must be
filed by the month of June 1902.
The right being established, the attor-
ney general viii proceed to condemn the
property for public use and make just
compensation to the owners of such es-
tablished rights from moneys in the
Treasury not otherwise appropriated.
The Organic Act repealed all laws of
the Republic which conferred exclusive
fishing rights upon any persons subject
to vested rights, which however would
not be valid three years after the act
went into effect unless established as
above mntioned The question of these
old rights of the land holders or kono-
hikis as they were called, bring up in
teresting events and customs that date
back to prehistoric times as far as Ha-
wall is concerned.
Generations and generations ago, in
the days when the men of the land
were mighty, according to their works
when the old fish ponds now in existence
were built with walls of mighty rocks
that were brought from distant places
and laid in position by methods that
puzzle the scientist to account for; back
i'm the times of Hawaiian mythology,
when the feudal system of Hawaii was
created and the land first apportoned
to the various chiefs, these rights exist
ed.
Every holding in olden times extend
ed from the sea to the mountain. In
strips sometimes only a few hundred
feet in width and some times much
more important in area, according to
the power of the chief and the favors
done to and capable of being granted to
the monarch.
Thus from the mountain ridges, the
holdings radiated like the spokes of the
wheel and each had included in the
holding, the portion of forest land, the
portion of agricultural land and, richest
and most priced possession the fishing
right. This extended from the shore to
the reef, or, where there was no reef,
from the shore to a mile or its Hawai-
ian equivalent, out at sea. Also a mans
land and the soil and sand of it with
the flotsam and jetsam that might drift
towards it extended 90 low water mark
more liberal than the American law
which stops the land right at high wa
ter. AS in Merrie England, the chief
the konohil<i, like his British compeer
the thane, yielded homage to the king
and paid him certain kingly tribute of
the fruits of land and water feather
fish and fowl, with his spear canoe and
club and those of'his underlings in time
of war or invasion.
Under the konohiki were many grades
in the timber, agricultural or water
rights; the fishers. the bird catchers,
the taro growers and all the many in
dustries that made up ancient Hawai-
ian life All these yielded tribute un-
der their tenantry and shared the friut
of the soil and the sea.
Among the fisheries the konohiki DOS
| sessed the right to reserve one fish for
his own exclusive use, usually the fish
that was the most profitable or plentiful
the amaama or mullet or the tentacled
puloa or squd. Notice was always
| given of this fish by proclamation and,
as the nation learned to write, by writ
ten notice as well. Failing his choice
of individual fish he could with the con-
sent of his tenants tabu the fishing for
certain portions of the year and then
exact a third of all the catch for the
rest of the time.
Punishments for infringement either
of one konohiki against another or from
! tenant to landlord were swift and dire
in olden times. 1t meant perhaps inter-
necine warfare or the mutilation or
| death of the servant. So the laws were
handed down. established rights and
| customs, until Legislatures with for
NAL procedure took the place of kingly
fiat and traditional institutions.
In 1876 rules were drawn up by King
Kamehameha and his council which ra-
titled all the ancient fishing rights and
| provided distinct punishment for the in
fringement. $50 was the penalty. ar
terwards altered in the Penal laws OF
81 to $l0O or three months hard labor.
| King Kamehameha issued also royal
patents which were practically given tc
tenants who had held long tenure OF
certain lands or rights under the kono-
hiki and were, so to speak, no longer
serfs but franklins.
In 1897 all government lands were
opened to the people for fishing but
non-residents took fish under a penalty
| of a fine not exceeding 5000 at the dis
| cretion of the court. The Minister OF
| the Interior, instead of the priests and
kahunas now placed the tabu upon the
| fish for their preservation at certain
seasons of the year.
The fishing rights of Moanalua owned
| by S. r. Damon were given by royal
patent and 1t was only the other day
that Mr.. Damon made formal notice as
| required by viva voce and by at least
THREE notices posted in conspicuous
| places on the estate of his intention to
| reserve to himself all the mullet in
those waters for the next year.
The suits involved, for several will
undoubtedly follow before the time ex-
pires, will doubtless bring much inter-
esting testimony into court and mean
much summoning of aged witnesses
speaking the old Hawaiian and puZzling
the modern interpreter with their soft
linguals and labials. The cases will be
tried before a jury and will be handled
for the government by Attorney Gen.
eral II. p. Dole or his deputies,
The petition now on file is dated Oc-
tober "a, and is at the instance OF
Abigail X. Campbell, Joseph O. Garter
Senior and Cecil Brown, trustees fol
James Campbell and defend the right.
of the Ahupaas Gland rights of Homo
uliuli Eva, Malaekahana of Koolauloa
Keana of Koolauloa, Kahiku held by
grant from Kamehameha III, Punalal
and Kanakoe of Ulapehu, Kawela
granted by Kamehameha III anc
Apana first and second with Pahlpalua
lua and Kaunala of Ulapehu Also tn,
iN..sn .a,-l.A ~