The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-04
WILL MAKE
TEST CASE.
Fishery Matters to
Be Heard This
Term.
WOULD
ADVANCE THEM
Local Government Must Pay for
Taking Claims Notes OF
Circuit Court.

Application was made yesterday by
Attorney General Dole to have the fish
cry cases advanced on the civil caien-
dar in order that they may be heard
at the special July term.
But two cases, covering both forms
OF claims, Will be tried in Circuit Court
in order that test may be made in the
Supreme Court. The two claims select
ed for the test are those of the Bishop
estate and of S. M. Damon.
Accompanying the motion for ad-
vancing these two cases upon the cal
endar and for trial at the special term
which begins Monday is the following
affidavit Of a c. NJ. Robertson:
a G. M. Robertson, being first duly
sworn, deposes and says that he is one
Of the attorneys for the defendant in
the cause entitled Samuel NJ. Damon
VS.. Territory of Hawaii; that said ac-
ton is one of the many that have been
filed under and pursuant to the pro-
visions Of section SO of the Organic Act
of the Territory of Hawaii for the pur-
pose of establishing alleged fishing
rights; that seventy-eight said actions
may be divided into two principal
classes, to-wit, claims under patents,
and claims under the statutes govern
ing Konohiki rights without award OF
patent; that the above entitled cause
belongs to the first mentioned class;
that said actions are of much import
ance to the Government and the public,
that it is desirable that the opinion OF
the Supreme Court should be had at
as early date as possible upon the gem
eraI questions involved in both classes
of cases and to that end it is proposed
that one case from each class be Sc
lected and tried and carried through to
final determination in the Supreme
Court; that deponent believes that the
course suggested will save expense to
the Government, as well as litigants,
and viii also save the courts much
time
The Submission of the two cases win
probably be the means of disposing OF
all the fishery cases, as the claims are
almost exactly identical in each of
them. The Government win. It is said,
contest some of the claims on the
ground that they are not held by viz
tue OF any QtGQ HdLEttt- DtAt siA-A l-5
as appurtenant to the land. After the
legal questions involved are disposed
OF, al the suits VIII still have to be
heard, upon petition for payment for
the fishery right taken away, if the
claim is established by the claimant.
This will very likely be a substantial
sum. which the Territory is compelled
to pay under the provisions of the Or
eanic Act, though the fishery viii then
become national property.
COURT NOTES.
The Territory has admitted that sam
uel NJ Damon has title to the fishery
right claimed by him under a royal
patent handed down from Kamehame-
hgl Y.
J. D. Holt. father of Eliza Rose Holt,
a minor, has asked that the girls guar
dian, Annie Kentweu, be required to
file her accounts and inventory of prop
erty, alleging that she has failed to
Go so.
A demurrer II the case of Jacintho
Rodrigues VS.. A r. Silva was argued
yesterday before Judge Humphreys and
taken under advisement.
Judge Robinson yesterday heard fur
ther argument on an amended plea OF
bar in the case Of Paris VS.. Magoon
Bailin Hopkins has served twenty
four jurors for the coming special July
term OF court. Judge Humphreys is to
preside.
Today will be q holiday in the courts.