The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-05-03
FISHERIES.

The filing by the Bishop Estate yes
terday of nineteen suits to establish
fishing rights calls attention to a pro-
vision of the Territorial Act which in
wolves important consequences to the
Territory and it's people and will call
for well considered action by the legis-
lature.
Exclusive fishing rights which have
existed here from time immemOrial
were so repugnant to general senu-
ment in the United States that con-
gress provided that an end should be
put to them. Section 80 of the Act re-
pealed all laws comforting exclusive
rights and provided that "all fisheries
in the sea waters of the Territory Of
Hawaii not included in any fish pond
or artificial Enclosure shall be free to
all citizens of the United States" sub
ject to vested rights. These vested
rights are limited to three years after
the organization of the territory under
the Act unless established by decree Of
the circuit court. The time within
which actions to establish these rights
is limited to two years from June IA,
1900, and therefore expires June Is, 1902
When these rights are established
the Act provides that the Attorney
General of the Territory of Hawaii
may proceed, in such manner as may
be provided by law for the condemna-
ton of property for public use, to con-
denim such private right of fishing to
the use of the, citizens of the United
States upon making just compensation,
which compensation, when lawfully as
certained shall be paid out of any
money in the treasury of the Territory
of Hawaii not otherwise appropriated"
1t will be seen from this that the ter
ritorial act throws upon the territory
the duty of making compensation for
all private fishing rights now existing,
or at least such of them as shall be es-
tablished in the manner provided.
That will doubtless be all existing eX-
elusive fishing rights for it is improb-
able that any owners will fail to take
steps to secure their rights. This
means that some time in the future the
taxpayers win have to pay for all these
exclusive rights. Without making any
minute calculation as to their aggre-
gate value 1t may be assumed that this
will be a large sum. Either the mex
legislature or some subsequent legis
lature will have to make appropria
tiOns to meet these judgments.
This Of course is based on the con
struction Of the statute which makes
may" mean shall" as it does il
many if not most cases in statutes.
ii does not, and it is discretionary will
the Attorney General whether he shall
begin suits to condemn these rights
then there is cast a grave responsible
ity upon the Attorney General to deter
mine whether he shall or not begil
such proceedings. This determination
should be based upon a very careful
consideration of the whole subject, tn
economic effect of exclusive FISHING
rights, the purpose Of the statute, am
the matured sentiment of the territor
on the subject
If the Attorney General must" be
gin such condemnation suits, or if h
shall decide that he ought, then he /
confronted with a very important dut
in two respects. First it is his duty t.
vigorously contest every petition to es
tablish such exclusive rights, compel
ing the petitioner to establish his RICH
fully, and according to law, for ever,
right established means so much NOR