The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-17
RIGHT SUITS
TIME FOR FILING THEM HAS
PASSED.
Six Were Filed June IA Which it is
Claimed is one Day too Late-72 Suits
In All

Half a dozen fishery rights suits fill
ed against the Territory, filed on ac-
count of the provision of the Organic
Act requiring them to be filed by June
IA, 1902, or two years after the act went
into effect will be thrown out of court
ii the counsel for the government have
their way, on the ground that they
were filed too late. Robertson q Wild
err have charge of the matter and Will
contest the 20 or 80 suits, in behalf of
the Territory Six were filed on June
Ia, and Robertson says that this is too
late. 1--WE contend that June 13 was
the last day." said Robertson, and he
will therefore try to have the six suits
thrown out. The men who may thus
lose their rights by waiting till the
very last before claiming them are L..
+. McCandless, J. NJ. Monsarratt, II. p.
Baldwin, McPhee, Lyman, w. II. Corn
well. Their suits were filed on June a.,
The Organic Act said that such suits
| shall be filed within two years after
such act went into effect. 1t went into
| effect at midnight on June 13, 1900, or
| at least is supposed to have gone into
J effect then, and the courts will have to
| say just when the two years are up.
| Some local attorneys are of the opin-
| ion that the time limit is illegal and
! that they may still file suits. A claim
ant now appearing might still file a
suit, it is argued, and if he was not al
! lowed to prosecute his rights, might
resist such refusal of the courts to
hear his claim on the ground that he
was being deprived of property rights
! without due process of law. Attorney
Robertson, on the other hand, thinks
that such claimants will not be in it.
The same contention might lie made
with regard to the limit set in which
claims may be filed against an estate,
| or with reference to any statute of linn
itations, says Robertson.
Seventy-one separate suits have been
! turned over to Robertson & Wilder, and
a few more have probably been fled
for which the papers will come in lat
er. The ~ represents fishing rights all
over the Islands and are in every cir
cult, most of those in outside circuits
having been filed here.
The ~ complaints represent possibly
144 eases, for in each case in which a
right is established the Territory must
bring an action to condemn it. This is
a very uncertain proposition at the
present time and there will probably
be some lively contests over values. IT
fact the titles will be contested by the
Territory throughout, and very Ions
litigation is anticipated.
According to the Organic Act, the
Territory of Hawaii will have to pay
for all these fishing rights. This will
be an expense that may loom up in the
future as another proposition on which
Congress ought to give Hawaii some
relief If the fishing rights prove to b,
of much value, when they are assessed
for condemnation purposes, the Terri
toral treasury will have a hard tim,
paying then, as the act provides tina
they shall be paid for out of any none!
mot otherwise appropriated"
The following are plaintiffs in tn,
suits already fled w. G. Irwin, Alex
ander McBryde. ct al, James Campbell
Estate, McBryde Estate, S. NJ. Damon
Kanoa Estate, Kapiolani Estate, Johl
Ii Estate, Victoria Ward, Hawaiian
Commercial & Sugar Co., A. S. Wilcox
Bishop Estate, Kaneohe Ranch Com
pany, Heeia Agricultural Company
Mary E. Foster ct AL Mamie r. Rice
Solomon Kauai, Bruce Cartwright
trustee; Henry Smith, trustee; Oah,
Railway & Land Company, F. Wun
denberg, trustee; w. H. Shipmar
James Kona, ct al; Lokalia Freeman
, H. H. Parker, Anna Perry, ct al; Dom
itila PaikO and j. Paiko, Jr., Gulstal
F. Ropert, trustee; H. P. Baldwin, e
I al; w. II. Cornwell L. l.. McCandlesS
r Rufus A. Lyman, Kekuialono (w), Ma
; Lucas, McBryde Sugar Company, Lii
= liuokalani, Charles A. Buchanan an
t Namahana Buchanan, John de Fries
:. Grace Hahoalii, Emma NJ. Nakuina
Catherine Stewart, ct al. Mark F
Robinson, Puma Sugar Company, Rob
ert A. Maize, j. NJ Monsarrat.