The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-17
LAWS Of
FISHERIES
Plans for Saving
Sea Food Of
Islands.
LEGISLATION OF
MANY YEARS AGO
History OF the Methods EMPLOYED
for Three Quarters of Gen.
fury Past.

fisheries of Hawaii, made under
the authorization of the act which
created the government of the Terri
tory, Mr. Cobb, of the expedition sent
down here, spent his time in looking
into the history of the fisheries, and
the laws under which they have been
conducted ever since there was any law
upon the subject.
In the preliminary report which has
just been sent to Congress by the Pres
ident of the United States, from the
Commissioner of Fish and Fisheries
there is much attention paid TO this
phase of the subject, and the summary
made of the legislation having to do
complete. The following is an abstract
of the many laws and customs which
have governed the fishing privileges
from 1880 to the present time:
LAWS RELATING TO THE FISHER
les.
Previous to about 1880 a state of affairs
very much resembling the feudal system
of Europe during the middle ages eX-
listed on the islands. The King and chiefs
owned all the LANDS, while the common
people were mere tenants at will whose
duty it was to support their feudal lord
and his numerous retinue in peace by
the sweat of their brows, and in war de-
fend him with their lives.
n unique feature of this system was
that not only Were the lands owned by
the chiefs but the exclusive right to fish
in the waters of the ocean adjacent to
the estates was in most instances con-
Sidered a part of the estates themselves
and a result of this condition of af-
fairs the common people were prevented
from gathering from the sea, without
veXatious restrictions and grievous ex-
actions that very necessary part of their
food supply which they SO much loved
and which the sea could furnish in album
dance. The only redeeming feature in
this was that if his landlord became too
exacting the tenant could move on to
the land of some more lenient taskmas
ter As the Importance of the chief was
determined largely by the number of ten
ants he had on his lands, this proved at
times a check on the rapaciousness of
some of the chiefs.
In order to continue this condition or
affairs more securely in their own hands
the ruling classes had recourse to the
system of taboo Ga corruption of the Ha-
waiian word ''kapu'D. To taboo was to
command to do or not TO do, and the
of it was "obey or die" The
taboo was a prerogative adhering eXclu-
sively to political and ecclesiastical rank,
and was common TO the Polynesian
tribes having been adopted and enforc-
ed by the priesthood and nobility as
protection to their lives. property and
dignity. In nearly every instance the
for breaking a taboo was death. |
Taboos were of two kinds, perpetual and
temporary.
The perpetual taboos were universal |
and were well known TO the people. 1t
was perpetual taboo. except to the high |
er nobility, 10 cross the shadow of the |
king. to stand i'm his presence without !
permission, Or to approach him except |
upon the knees. Everything pertaining |
to the priesthood and temples was I'M |
der perpetual taboo. Squ.d. turtle, and !
two or three species of birds could be |
eaten only by the priests and taboo no |
bility. while women were tabooed from !
eating plantains, bananas cocoanuts, |
the flesh of swine and certain fish, among |
them the kumu, moano, ulua, honu, ca, |
hahalua ad naia. Men and women were |
allowed under no circumstances to par /
take of food together. This last taboo !
applied to everybody in the kingdom
king mobiles and common people-and !
was one of the most oppressive of the /!
religious taboos, it necessitated haV-
ng separate eating houses for the wom> |
an and men. thus putting everybody to /
considerable unnecessary expense and |
trouble
The incidental and temporary taboos /
were the most oppressive and danger /
rus to the common people, as they were
liable to be thoughtleSsly violated. The |
king and taboo nobinJy would taboo faV-
orite paths, springs streams, and bath I
ne places etc, as the within seized them.
The general taboos declared by the
king were proclaimed by herald, While :
he temporary taboos were notlhed TO
he people by a staff. Surmounted by a
,rown of white or black kappa, stuck IN
he ground close TO the object declared
sacred.
The priesthood received its death blow
n 1919 when Liholiho. the king, destroy
ID the idols and broke the worst OF the
religious tahoos by eating openly with
rs queen The common people, ana
strange TO relate. the priests themselves
'ollowed his example. and in few weeks
he country was without any religion at
IL
In the fisheries the king usually had
certain fishes tabooed while the chiefs
,r landlords called "konohikis'D had the
same privilege with one species in the
tea fisheries belonging TO their respective
states. This taboo did not prevent the
fishermen from catching the species 50
set apart, but they were compelled TO
land over to the king or chiefs all or a
,ortior of the catch OF these species.
The advent OF the American mission
.,ies in 1890. coming as it did Immediate
y after the destruction Of the native re-
igion 10y IdhoIiho- was most fortunate.
he people being ripe for a change. and
hey gladly embraced the Christian re-
iaion after a short period OF hesitation.
The rnissiona ries reduced the native lam
.uage which had been oral previously. =
o writing and under their direction the
,enUle made probably the most remark
hle advances in civilization and educa-
ion ever witnessed among a heather
acc. Stimulated by this great advance (
n intelligence and learning. the king
<amehameha III. in conjunction with
he chiefs and mobiles in 1859 gave the