The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-08-22
MARINES
MUST ACT.
RosehiIl Won't Go
Unless lie is
Forced.

What have I 10 say concerning the
despatch from Japan to the New York
World that the japanese war vessel
had returned TO Yokohama. after leav-
ing a small force of marines to deal
with Captain Rosehill when he arriv-
ed" said Col. Fitch yesterday. We'll
what can ! say? II Rosehir complies
with his instructions. he will not yield
except to a superior force. and II 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. Bose
hill made formal claim in 1889 and Sec
i'Nuig l'NbSils'u 'lhiiil ny
filing II In the State Department and
he visited the island In 1898 and again
in 1897 and he was engaged In the
meantime I'm 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
t,af ha oil IL,
know what period of time under the
law OF nations should elapse to work
n forfeiture of title by abandonment,
or If there is any doctrine of interna-
tional 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 a
time. The right of the public to use a
highway once established can, according
to many authorities. never be for
feited by abandonment while others
hold that 1t 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 and
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 a public
alley. 1t has been decided that non
user of water right for time equal
to that fixed by the statute of limita-
lions for the recovery of real property
is necessary to constitute abandonment
of 1t.
IF Rosehill 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 it's title in less
time than a city could perfect its title
to an alley, or a rancher could per-
feet his water right.
'Japan's position with respect to
Marcus island is not tenable and II
reports be true 1t has dealt with the
subject matter in an unwarranted, II
not an insolent manner. When In
formed that an American citizen was
on his way to Marcus. claiming the
right to occupy it under license from
his government Japan should have re-
quested the U. S. to prevent his landing
and not herself undertaken the task
with sloop of war and a force of
marines. Even Great Britain would
not have ventured upon the course pur-
sued by Japan and ! do not believe
that ovr Government will tolerate It.
II Japan has undertaken to be judge,
jury and high sheriff and without any
APPELLANT to the United States for YER
dict of her rights has driven Rosehill
on by force, l predict that Japan will
have a hell OF bill to pay before the
matter shall be ended"