The Hawaiian gazette., 1902-01-31

- one suit for the establishment Oh
fishing rights, and in the matter or
several Of the largest estates the suits
which have for their purpose the de.
fining of the holdings which are to lead
later to suits for the extinguishing oil
the rights, SO that the people may have
the privilege of free fishing wherever
they may choose to try their fortune,
the attorneys are busily engaged In
making their cases so perfect that
there will be no possible disputing OF
the claims.
There promises to be an avalanche oil
the claims filed very soon, for under
the provisions of the Act of Congress
known as the Organic Act, such rights
must be claimed within two years az
ter the taking effect of that law, which
was finally the basic law of the Terri
tory on June IA, 1900. According 10
that provision, then, there VIII expire
on the same day of this year all oppor-
tunity for the claimants OF hshing PRIV
ileges under any formerly recognized
right to make their claims known ana
to receive compensation for the same
when the local government takes them
over for the use of all the people OF the
islands.
Tne sections OF lHe oISdHiS nv
which have to do with fishing rights
are numbered 95 and SO, and read as
follows:
Section e5. That all laws of the Repub-
lie of Hawaii which confer exclusive fish,
ing rights upon any person or persons
are hereby repealed, and all fisheries in
the sea waters of the Territory of Ha-
wall not included in any fish pond or
artificial enclosure, shall be free to all
citizens of the United States. subject,
however. to vested rights; but no such
vested right shall be valid after three
years from the taking effect of this act,
unless established as hereinafter provid-
ed.
Section 96. That any person who claims
n private right to any such fishery shall,
within two years after the taking effect
of this act, file his claim to such fishing
right, service of which petition shall be
made upon the Attorney General, who
shall conduct the cause for the Territory
and such case shall be conducted as an
ordinary action at law.
That II such fishing right be estab-
lished the Attorney General of the Ter
ritory of Hawaii may proceed. In such
manner as may be provided by law TOT
the condemnation of property for public
use TO condemn such private right Of
fishing TO the use of the citizens of the
United States, upon making Just COM
pensation, which compensation, when
lawfully ascerained shall be paid out or
any money in the Treasury of the Terri
tory of Hawaii not otherwise appropriate
ed.
FEW MONTHS MORE.
This sets the date for the filing of th'
suits to establish the rights at the mid
die of June of this year, though there
is another year in which they mus
run before the same may be takei
over by the government. There nav
been introduced several suits up to tn
present time, and as we'll several cause
which will have a direct bearing upo
the question of the legal rights whic
are in the holders of fishing privileges
One of these was a claim of the Kane
ohe Ranch Company against severa
persons, whom it was alleged had bee
fishing without rights, but this cas-
was not prosecuted. and in the state
ments from the Attorney-General a
that time there was given, probably,
line upon the stand which will be ia
ken by that Office when the hearing c
the many causes for the establshmer
of the rights come up. 1t is believe
by the various attorneys that the Al
torney- General meant then to conve
the impression that he would oppos
any rights except those in support
which there could be brought out II
royal patent which conferred the righ
upon the claimant. This would seel
an absolute disregard of any so-calle
konohiki rights and would greatly r,
duce the number of rights which mu:
be extinguished by purchase by II
Territory.
IT Is the opinion Of many we'll know
persons that there will be few suits
establish fishing rights except on II
islands of Oahu, Maui and Hawaii. tt
owners of many of the rights on II
other islands will, II is believed. simp
allow their rights to lapse, as there
not a great demand for the use of Il
fishing privileges. AS all the cas-
must be filed by June 14th of this yea
there must be something of activit
very soon in the caring for the int
ests involved, or they will lapse |
Limitation.
President Roosevelt has transmttt
to Congress the preliminary repo
upon the Fisheries and Fishing Law
of Hawaii according to the direction
of Congress, with a paragraph callir
attention - the request of Commission
er Bowers that $4,000 be appropriat,
Immediately to carry out the wishes
Congress.
Commissioner Bowers in his lett
explains that the report must be +
garded as partial and that the inves
cation will be continued as to the de
water fisheries during tins year by l
Jordan, using the steamer Albatro
Mr.. Bowers says the recommendatio
as to fisheries Legislation have his a
proval
The report is written by DIR, DaN
Starr Jordan and DR.. Barton War;
Evermann. They tell of the scope
their work, their assistants and m
who aided them here. and then s
that about $50 species Of fishes We
obtained. some seventy of them be!
lew to science, in addition to 100 {
tanned by DR.. Jenkins in 1889. The
tailed account of the fishes with color
plates will be published later. The