The Hawaiian gazette., 1902-05-27
TERRITORY
MUST PAY
The Fishing Rights
Will Cost
Money.

Some Important qucFtlous are lnVulV-
"a in the fishery right suits which are
soon % come before the courts. Ii "
barely three weeks now before the end
OF the two years given FOR citizens OF
the Territory to fle their claims June
u. 1902. being the last day Tor that pur-
pose. Nearly forty suits have already
been filed by interested parties. claim
ing private fishing rights. and A. q. NJ
Robertson has been designated by the
Territory as special counsel to present
the questions involved i'm the courts
These fishery suits are of unusual Inn
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 adj
dtion to this, IL Will mean that a large
number OF fisheries, now held by pri-
vatc 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
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 op the sea the fishing right TO the
first line OF reefs, or within one mile
of the low water mark. Upon this last
point the contest will be fought In the
| courts, on the theory that such right
| is not legal or valid one. IL the
Territory wins on this proposition it
will 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
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.
al the suits can be instituted In any
| SiICuIL ,ouTt ol tHt ltTTltOTy. IL ~
| the plan now to have the cases first
heard in the Circuit Court, then to APP
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 AZ soon as possible. There IL
\ OF 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. II 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:
See. 95. 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
shall be valid after three years from
the taking effect of this act. unless es-
| tablished az hereinafter provided
Sec. DC. That any person who claims
4 private right to any such fishery
| shall, within two years after the taking
effect OF this act, file his petition in "a
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 to public use. to condemn such
private right for the use OF the citizens
of the United states. upon making just
compensation, which compensation.
when lawfully ascertained. shall be
paid out Of any money In the treasury
Of the Territory Of Hawaii not other
wise appropriated.