Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-08-12

forming the whole of Title 70 OF the Re-
vised Statutes.
The provision as to the extension OF
American sovereignty to such islands
is here quoted:
Whenever any citizen of the United
States discovers a deposit Of guano on
any island. rock or key. not within the
lawful jurisdiction of any other Govt
eminent. and takes peaceable posses |
sion thereof and occupies the same,
such island rock or key. may, at the
discretion OF the President. be con-
sidered as appertaining to the United
States"
Further provisions require the dis
coyerer to notify the Department OtI
state of the fact of discovery, oCCupa-
ton and possession, to verify the same
by affidavit, and Ito furnish satisfaC-
tory evidence to the state Department
that such island. rock or key was not,
or of the taking possession and occupa.
ton thereof by the claimants, in the
possession or occupation Of any other
Government" This must be done be-.
fore the island can be considered as
appertaining to the United States.
Beyond this, the discovered and
claimant, or his heirs or assigns, must
file with the Treasury Department
bond, in such amount as the President
may require, to charge only a certain
specified price for the guano, and to
take the same from the island and sell
IL only for the use Of citizens of the
United States, or of persons resident
therein. In other words, the proprietor
cannot at the same time enjoy ex-
elusive rights under the protection OF
this Government and carry on a guano
trade, designed to promote the fertili-
~ of other countries. IL he fails TO
observe the conditions of his bond, he
forfeits all rights under the law. How
much more clearly does he forfeit his
title by failure to furnish any bond
whatever.
The statement regarding Capt. Rose
hill is that although he promptly noti-
fed the State Department OF his dis
covery and claim in 1889, he has never
actually occupied the island or worked
its deposits, and has waited thirteen
years. that is, until last March, before
filing the required bond. Meanwhile
the Japanese took possession.
1t is reasonably plain that under the
provisions Of the law from which we
have quoted the island could be con-
sidered as apertaining to the United
States, under any circumstances, only
in case the President saw fl, in his dis
erection. so to consider IT..
Now, 1t is q fact that five years after
Capt. Rosehill had notified the State
Department of his discovery and
claim. the sovereignty and jurisdic-
ton of the United States was not con-
sidered to have attached to Marcus
Island. On Sept. l6, 1893, the guano
islands appertaining TO the United
States and bonded under the act OF
Aug. Is, 1856. were rounded up in an
Official list furnished 10 Assistant Sec
rotary Wike by First Comptroller
Bowler of the Treasury. The list con-
tanned not less than sixty-siX such isl
ands and groups of Islands. Marcus
was not among them.
As to the question whether Rose
hills visit to Marcus, and the burying
OF the bottle there. constituted an "oc-
cupation" os the island such as law
/ fully to keep alive his claim for thir-
teen years and bar out occupants OF
any other nationality, there happens to
| be q decision of the Supreme Court OF
the United States, defining "occupa-
ton" This was in case concerning
Navassa. another guano island. The
court said:
BY the law of nations, recognized
by all civilized States, dominion of new
territory may be acquired by discovery
and occupation, as well as by cessiOn
and conquest; and when citizens OF
subjects Of one nation, in its name OF
by its authority. or with its assent, take
and hold actual, continuous and usefu
possession (although only for the pur'
pose of carrying on particular bust
ness, such as catching and curing FISH
OF WORKING mlues) Ol teIIlloIy unoC'
cupied by any other Government or II.
citizens, the nation TO which they be
long may exercise such jurisdiction anG
for such period as 1t sees fit over ter
ritory so acquired. This principle af
iords ample warrant for the Legislation
OF Congress concerning guano islands.
In view of the plain terms of the law
of 1856 and OF this exposition Of tina
law by our own Supreme Court, we in
fer that the despatch of any American
, war vessel to Marcus Island will indi
1 cate a desire to prevent Rosehill from
getting us into trouble with Japar
rather than a purpose to support thu
/ cause OF that enterprising but at thu
[ same time procrastinating explorer an,
a claimant.
1 This Government is not so poor IL
/ islands of the seas that it can afford 4
n strain the law to the injury and of
/ Tense OF Japan, one of our best friend
. among the nations OF the earth, for tn
sake of Captain Rcsehill's lapsed title
TLNsE QENERcAi