Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-05-11
Ct UT DECISION
Continued from Page ~

ding wev,or 100 n 9 "a zoo
Tho pronertv FORMERLY balanced "a
Kamobamebo nv FROM whom 4, n.ssod
IN his brotber Iot Kamebameba and
from him NV mesna convevancos IN
tho n,o,n,,T TIE ,,,,o ~ ,ho ,o,,,r q,
tho abunnao "a M, dis,u,ed no claim.
tho 8sberv o,so n,dor a sor,o, y, o,at.
utes and a rova, grant The history is
as fo,Iows. In isaa Kamebamebo m
took the 8sbiny grounds from Hawai-,
To Kauai and redietrihu,ed ,bem
those mama, w,,bo,,t ,ho coral 300,
and the ocean bevond IN tho neon,a
those from the coral reef IN the son
beach for the landlords and for the
tenants of their several lands bu, mot
for others" The landlord referred N
seemo IN have hoSn ,ho ro,oh,,,t 49,
Overlord Of an sahupuaa or.1sree tract
like that owned blythe plaintiff. : II is
MOI necessary to speculate as to what
the effect Of this-act Of the king would
have been, standing alone. he then
having absolute power. II had at
least the effect of inaugurating a sys.
TEN, de facto. But In 1916, the mon
archy then being constitutional, an
act was passed, article 5 of which was
entitled "Of the Public and Private
Rights of Piscary." BY the first sec.
ton Of this article II was provided
again that the same fishing grounds
outside the reef should be free to the
people &C.; and then by the second II
was enacted that the fishing grounds
from the reefs to the beach, or, where
there are no reefs, for one mile sea
ward snail In law be considered the
private property OF the landlords
whose lands, by ancient regulation,
beiong to the same; In the possession
Oh winch private fisheries the said
ianaholders snail not be molested ex
ceot &C
BY s3 the landholders shall be con
sidered in law to hold said private
fisheries for the equal use of them
selves and Of the tenants on. their re
spec'iVe lands; and the tenants shall
De AZ liberty TO use the fisheries oil
.he'r iahdiords' SUBJECT TO the restrie
.ions I'D THIS articie imposed. Then
. follows a statement OF the rights Of
'he landlord as they have been sum
,neu up above ana provision that the
'ahaiords shaii nc, Lave power to lay
any TAX OF 10 impose any RESTRICTIONS
upon tneir tenants regarding the pri
ya'e nSheries other than those pre-
4 sNTlDeu.
The Civil Code of 1859, 3S7, rc
peated the enactment of i 2, that the
fishing grounds within the reef or one
mile seward shall, in law, be con
sidered the private property of the ko
nohiki," &s., in nearly the same words
| tions just mentioned. There was a
later repetition in the Penal Laws OF
1897, 1452, &C., and this was in force
when the organic act Of Congress was
passed, repeating as we have said. the
'nws comforting exclusive fishing
rights, but preserving vested rights.
The foregoing laws not only use the
words ."private property." hut show
that they mean what they saw by the
restrictions cutting down what other
wise would be the incidents of privat.
property. There ia no color for n sup.
gestion that they created only a reyo
cable license, and II they imported a
grant or a confirmation Of an existina
titIe@of course the repeal of the laws
would not repeal the grant. The argu
me,t against ,bair offao, ,,o, ,o, IL