The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-12

tails of the marriage, one of which
was the transfer of "a sum of money
from the prospective bridegroom to
the parents of the bride elect. 1t is
said that the money was to be used
in the purchase of pig and wine
and cake" for the marriage feast, an
essential element of every marriage
according to Chinese custom
WITNESS WAS COMPETENT.
The court seems to have given the
defendant rather wide latitude in his
attempt to prove the Chinese custom
of marriage and his compliance there
with. We are convinced that the wit
ness was competent and that there
was no error in receiving her testi-
mony.
The exceptions are overruled.
Kinney & McClanahan for the pros
ecution;' Frank Andrade for the de-
PENDANT.
FISHERY CASES CONTINUED.
Forty-four suits to establish fishery
rights, under a provision of the Or
ganic Act relating to the ancient pro-
prietorships in sea fisheries, were con-
tinued for the term by Judge De Bolt
yesterday. This continuance is owing
to the fact that a test case in the same
category is pending in the United
States Supreme Court. Following are
the sections of the Organic Act in
question, the suits relative thereto be-
ing for establishing vested rights
therein mentioned:
Sec. 95. That all laws of the Re-
public of Hawaii which confer ex-
elusive fishing rights upon any person
or persons are. hereby repealed, and
all fisheries in the sea waters of the
Territory of Hawaii not included in
any fish pond or artificial enclosure
shall be free to all citizens of the
United States, subject, however, to
to vested rights; but no such vested
: right shall be valid after three years
. from the taking effect of this Act I'M
less established as hereinafter provid-
ed.
Sec. 90. 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
petition in a circuit court of the Ter
=. ritory of Hawaii, setting forth his
claim to such fishing right, service of
1 which petition shall be made upon the
: Attorney General who Shall conduct
the case for the Territory, and such
case shall be conducted as an ordinary
action at law.
THAT if such fishing right be estab-
s lished, the Attorney General of the
0 Territory Of Hawaii may proceed, in
!, such manner as may be provided by
law for the condemnation of property
for public use, to condemn such priv
: vate right of fishing to the use of the
f citizens of the United States upon
making just compensation, which COM
pensation, when lawfully ascertained
shall be paid out of any money in the
l treasury of the Territory of Hawaii
not otherwise appropriated"
Thus it will be seen that the out
come of these cases may cause Sc
rious drain on the Territorial treas
= ury.
E The proprietary sea fisheries were a
e grievance of the poorer native Hawai-
4 ians always up to annexation. For
, long period antedating the Provisional
2 Government, there was not session
, of the Legislature at which bills and
petitions ''to abolish konohih fisheries"
failed to be presented, but they never
carried.
fishery right cases.. it developed that
some of such rights long exercised and
passed from hand to hand rested upon
a dubious foundation of legality. Old
land grants were brought from musty
archives which, though the reliance of
title to the sea fisheries joining the
land granted, failed to show that the
fisheries We're thereby conveyed.
THE SANDER SUIT,
, The SANDER suit of Moses K. Naku-
ina VS.. Thomas G. Thrum continued on
trial throughout yesterday before Judge
, Robinson. Besides the plaintiff, the re-
porter who obtained the offensive in
terview and the acting editor OF the
: Honolulu Republican at the time were
) called. When Mr.. Andrews rested the
| case of the plaintiff. Mr.. Lewis moved
for a nonsuit and Judge Robinson, TO
enable counsel time for research OF au-
thorities, continued the trial until this
morning. Mr. Nakuina testified he was
prevented, by the influence of the ar
ticle, from obtaining employment after
his dismissal by defendant from the
position of deputy registrar of convey
ances. H. E. Cooper gave evidence
that, when Secretary of the Territory
after Nakuina's leaving the registry
office, he employed him in work upon
the archives.
. OTHER JURY TRIALS.
I Watanabe, a japanese, was on trial
before Judge Gear yesterday for en-
bezzlement. He is charged with az
propriating to his own use money en-
trusted to him for safe keeping by ko-
rean laborers. w. S. Fleming appears
for the Territory. and S. F. Chilling
worth for the defendant. Following is
the jury: VIM. Bush, F. ]. Robelio,
]. H. Davis, Thee. Wolff, ]. l. Aholo,
]. D. Cockett, c. B. Lemon, D. +.
Thrum, W. a. Hall, J. F. c. Abel, +.
II. Paris and ]. S. Low. Late in the