The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-20
MARINES
MUST ACT
RosehiiI Won't Go
Unless He is
Forced.
THEN THERE WILL
| BE A HOT TIME
Colonel Tom Fitch Marks Out
Lively Time for America
and JAPAN.

What have I to say. concerning the
despatch from Japan to the New York
World that the Japanese war vessel
ing a small force of marines to deal
with Captain Rosehin when he arriv-
&c? 2" said Col. Fitch yesterday. Well,
what can 1 say? If Rosehill complies
except to a superior force, and if there
is a superior force he will place the
Japanese government distinctly in the
position of expelling American citi-
zens engaged in a peaceful occupation,
from territory claimed by the United
States and the right to occupy which
was granted them by the President of
the United States.
THE last dispatches from Toxic
stated that the proclamation of Japan
formally claiming Marcus Island was
dated in 1898 and that the Japanese
found signs of previous American oc-
cupancy' That fixes the claim of
Japan as being based solely upon the
ground that the United States or Rose
hill had abandoned the island. Rose
Hill made formal claim in 1889 and Sec
rotary Blaine recognized his claim by
fling it in the State Department and
he visited the island in 1898 and again
in 1897 and he was engaged in the
meantime in constant efforts to enlist
capital to develop the guano deposits.
IF there had been a failure for nine
years-between 1889 and 1898, or for
thirteen years-between 1889 and 1902
to utilize Marcus, still the island could
not be considered a derelict. l do not
know what period of time under the
law of nations should elapse to work
forfeiture of title by abandonment,
or If there is any doctrine of interna-
tionaI law on the subject. But judged
by the analogies of the civil law, the
common law and the statute law nine
years or thirteen years is too short
time. The right of the public to use
highway once established can, according
to many authorities. never be for
feited by abandonment while others
hold that it may be lost by non-user for
the same period of time required by
the statute of limitations to create a
title by adverse possession. That period
both at common law and civil law ana
by the statutes of many states Is
twenty-one years and is in few states
less than ten years. Abandonment and
non-user for 20 years was held to ex-
tinguish the right of city to public
alley. It has been decided that nom
user of a water right for a time equal
to that fixed by the statute of limita-
lions for the recovery of real property
is necessary to constitute abandonment
of it.
IF RosehilI acquired title to Marcus
island for the United States in 1889 by
| location and by the United States
| placing his claim on record in the De-
partment OF State. surely the United
States could not lose its title in less
| time than city could perfect its title
to an alley, or a rancher could per
| feet his water right.
| '-Japan's position with respect t
Marcus island is not tenable and i
reports be true it has dealt with the
| not an insoIent manner. When in
| formed that an American citizen wa:
on his way TO Marcus, claiming the
right to occupy it under license from
his government Japan should have re
quested the L. 8. to prevent his landing
and not herself undertaken the tasl
| with a sloop of war and a force o
marines. Even Great Britain woul6
not have ventured upon the course pur-
| sued by Japan and I do not believe
THAT our Government will tolerate 1t
II Japan has undertaken to be judge
jury and high sheriff and without any
| APPELLANT TO the United States for a yer
dicc of her rights has driven Rosehil
off by force l predict that Japan vii
have hell of bill to pay before the
matter shah be ended"