The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-30

HUW HIGt1TS TIL FISHEMES
CAME To Be ESTABLISHED
tFrom Wednesdays Advertiser,

An interesting chapter of the history Hawaii told by Gov
Carriers chapter fisheries contained his annual report
the Secretary of the Interior The Governor says:
AS far back 1882 time when all appurte
the absolute possession of the monarch Kamehama
II issued proclamation which had the effect of law giving
the Chiefs who held for him large tracts of land fishing rights adj
joining their lands and running sometimes for space of three
miles into the
At the great division of lands in the latter ortes land COM
mission appointed into the titles carry
division between the monarch the chiefs and the people
This land commission recognized the fishing rights and the various
legislatures from time time have enacted laws recognizing the
right of the of the land to these fishing privileges of which
there classerst those which described by mete and
bounds awards and secondly those whose boundaries have
been handed down by tradition from time mmemora Thus the
surrounding these islands have time the past been
free.
By the attorney generals depart
will be noted that Congress abrogated all exclusive fishing
rights but in order protect vested rights any provided
that all claims must be filed within two and that they should
be adudcated the of this Territory and should be
they vested rights then the Territory
condemn and otherwise appropriated for such
fisheries, that the be free the public.
Owing the high price and large consumption of fish by the
people of these islands these rights are of great value
they of value than the land itself There
least fishing privileges in the Territory including almost all
the surrounding the islands, while but 81 claims have been
filed within the two years allowed by the organic act.
The matter taken the of the Territory
which decided that these rights granted by general
of the Legislature they merely privileges and could be aside
by future general act and thus the claimants had vested
rights the fisheries The claimants however satisfied
and where there award granting fishing rights by
and bounds appealed the Supreme Court of the United
States which May this rendered decision reversing the
Territorial supreme and unfolding the theory vested right
During the argument admitted by the that it
doubtful whether Congress had the authority place limit
the time wherein claimants bring suit lose their vested
right Since this decision only the successful appellant but
probably others have taken of their rights and prohibited
general fishing within their bounds the Territory being of
helpless in the matter.
The Territorial officials proceeding bring all of these
claims trial ascertain whether the claimants their
right the fishing privileges by competent evidence and upon
such claim being proved bring condemnation proceedings
CURED by the organic
The Territory however, is absolutely unable the pay
ment of these claims prescribed by Congress There already
deficiency and impossible say when there will be funds
unapproprated In the meantime however, these
owing the result of the litigation, will undoubtedly keep pos
session of their fishing privileges and if it desired by Congress
that they should be free to ALL impossible accomplish
this without the by the Federal Government the