The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-30
FISHING RIGHTS WILL
EXPIRE BY LAW SOON
Many Claims Are Now Being Pre-
pared for Submission to the
Courts to Fix Rights.
Commission Submits to Congress Recommen
dations as to Laws Which Are Needed
for the Preservation of Fish.

TN ALMOST every law office in the
= one suit for the establishment of
| fishing rights, and in the matter of
several of the largest estates the suits,
which havS for their purpose the de-
later to suits for the extinguishing of
| 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 of
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 af-
ter the taking effect of that law, which
was finally the basic law of the Terri
tory on June IA, 1900. According to
that provision, then, there will expire
on the same day of this year ali oppor-
tunity for the claimants of fishing priv
ileges under any formerly recognized
right, to make their claims known and
to receive compensation for the same
when the local government takes them
over for the use of all the people of the
islands.
The sections of the Organic Act
which have to do with fishing rights
are numbered 95 and SO, and read as
follows:
Section 95 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are hereby repealed, and all fisheries in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 sc. That any person who claims
a 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
action at law.
That if 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 for
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
which compensation, when
-. ~ Nrtf nN
any money in the Treasury of the Terri
tory of Hawaii not otherwise appropriat-
ed.
FEW MONTHS MORE
This sets the date for the filing of the
suits to establish the rights at the mid
die of June of this year, though there
is another year in which they must
run before the same may be taken
over by the government. There have
been introduced several suits up to the
present time, and as well several causes
which will have a direct bearing upon
the question of the legal rights which
are in the holders of fishing privileges
One of these was a claim of the Kane
ohe Ranch Company against several
persons, whom it was alleged had been
fishing without rights, but this case
was not prosecuted. and in the state-
ments from the Attorney-GeneraI at
that time there was given, probably, a
line upon the stand which will be ta-
ken by that office when the hearing of
the many causes for the establishment
Of the rights come up. 1t is believed
Dy the various attorneys that the At
torney-General meant then to convey
the impression that he would oppose
any rights except those in support of
which there could be brought out the
-oyal patent which conferred the rights
lpon the claimant. This would seem
IN absolute disregard of any so-called &
,onohiki rights and would greatly re-
luce the number of rights which must
De extinguished by purchase by the
Territory.
1t is the opinion of many well known ,