The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-24
TERRITORY
MUST PAY
The Fishing Rights
Will Cost
Money.
PRIVATE CLAIMS
TO BE CONDEMNED
important Questions Involved in
Fishing Right Suits Are Soon
to Be Determined.

Some important questions are involv-
ed In the fishery right suits which are
soon to come before the courts. Ii is
OF the two years given for citizens of
the Territory TO file their claims. June
II. 1902. being the last day for that pur-
pose. Nearly forty suits have already
been filed by interested parties. claim
ing private fishing rights. and A. G.. NJ.
Robertson has been designated by the
Territory as special counsel to present
the questions involved in-the courts.
These fishery suits are OF unusual i'm
portance TO the citizens OF the Terri
tory. for. although not generally under
stood. IL will cost the government thou
sands OF dollars to settle them. In ad-
dition to this. IL will mean that a large
number OF fisheries. now held by pri-
| vate parties. will be thrown open TO
public use. for under the provisions of
the organic act. every citizen of the
United States will have an equal right
TO these fisheries.
There are two classes OF fishing
claims involved In the suits already FL
ed here. and from these the Attorney
General Will pick out at least two. by
which all these questions of law may
be settled The first Is the claim under
vested rights. meaning the title to the
fishery which came from a grant
through king or other sovereign OF
the kingdom. The majority OF the
claims are based upon the law which |
gave to every property owner holding |
land on the sea the fishing right to the |
first line OF reefs. or within one mile |
OF the low water mark. Upon this last |
h. aaf Will h. ~. Of,
courts. on the theory that such right |
Is not a legal or n valid one. II the |
Territory wins on this proposition IL |
VIII mean the saving OF thousands OF |
dollars which otherwise would have to- |
be paid In condemning these claims for |
under the organic act the Territory is
required TO make compensation for |
taking this property for public use.
All the fisheries OF the Territory will. |
after the matter has been adjusted in |
the courts. be thrown open to the citi- |
zens OF the United States. for there is |
n provision In the act by which all fish |
ing rights. vested or otherwise may be |
condemned. and after all these claims |
have been filed. condemnation proceed |
ings Will be brought by the Attorney |
General.
Although there are but forty claims |
in Honolulu. there are a great many |
more in the other courts of the islands |
as the suits can be instituted in any
Circuit Court OF the Territory. IL is |
the plan now to have the cases first |
heard I'm the Circuit Court. then to ap-
peal Immediately to the Supreme
Court. and have the cases advanced
on the calendar. so that the important
questions involved may be finally de-
termined as soon as possible. There is
or course no question as to the right
of the Territory to take possession of
these private fishing claims and con-
denim them for public use. but the
amount of damages to be assessed in
each Instance. IL there be any. will be
a matter which vii require consider
able litigation.
The following are the provisions of
the law under which the Attorney Gen
eral must act:
Sec. 80. That all laws of the Republic
OF Hawaii which confer exclusive fish
ing rights upon any person or persons.
are hereby repealed. and all fisheries
OF the Territory OF Hawaii. not includ-
ed in any fish pond or artificial inclos-
ure shall be free to all citizens OF the
United States. subject. however. to
vested rights. but no such vested right II
shall be valid after three years from
the taking effect OF this act. unless es-
tablished as hereinafter provided.
Sec. 90. 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 petition in
Circuit Court OF the Territory OF Ha-
wall. setting forth his claim to such
fishing right. service of which petition
shall be made upon the Attorney Cen
eral who shall conduct the case for the
Territory. and such case shall be con-
Quoted as an ordinary action at law.
That II such fishing right be estab-
lished. the Attorney General of the
Territory OF Hawaii may proceed. in
such manner as may be provided by
law. for the condemnation OF private
property 20 public use. to condemn such
private right for the use OF the citizens
of the United States. upon making just
which compensation.
when lawfully ascertained. shall be
paid out OF any money in the treasury 4
II the Territory OF Hawaii not other