The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-03-28
last OF Damon
FISHERY CASE
JUDGE LINDSAY CARRIES OUT
MANDATE OF UNITED STATES
SUPREME COURT.

The last step in the Damon fishery
case, which was APPEALED to the United
States Supreme Court, was taken this
morning in Judge Lindsays court,
when a decree carrying out the man
date of the Washington court was sign
ed, the form having been agreed upon
by the parties. BY this decree Damon
acquires title to the fishery right of
Moanalua, in accordance with the Sec
ton Of the Organic Act providing for
such acquisition of rights, and the At
torney General of the Territory may
sue to condemn it for public use at any
time he decides to do so.
The decree was prepared in accord
ance with the mandate of the United
States Supreme Court, reversing the
court here, in form as follows:
ION consideration whereof, it is now
here ordered and adjudged by this
Court that the judgment of the said
Supreme Court in this cause be and the
same is hereby reversed, with costs;
and that the said plaintiff, Samuel NJ.
Damon, recover against the said de-
PENDANT -Sl31.25 for. his costs herein ex-
pended and have execution therefor.
And it is further ordered that this
cOuse be, and the same is hereby, re-
manded to the said Supreme Court with
directions to reverse the judgment of
the Circuit Court and to remand the
cause to that Court with directions to
grant a new trial.
You, therefore, are hereby COM
manded that such execution and fur
Their proceedings be had in said cause,
in continuity with the opinion and
judgment of this Court, as, according
to right and Justice and the laws of the
United States, ought to be had, the said
writ of error Notwithstanding.
Witness the Honorable Melville w.
Fuller, Chief Justice of the United
States, the 5th day of July, in the year
of our Lord one thousand nine hundred
and four,
James H. Mckinney, clerk of the
Supreme Court of the United States"
f<~%-N-%-%~-N-~-~-S-~-S- =
Dickey observed that when Congress
passed the Organic Act it was very
much afraid that we would take the
voting power from the common peo-
pie of the Territory and framed the
election provisions to prevent such ac-
ton.
Dowsett stated that they had beer
advised by lawyers that the provision
would not affect the constitutionality
of the bill. He asked that the section
be deferred until the afternoon.
Achi argued that the provision would
make it open for one candidate to buy
out others. That result would come
if the section passed. 1t was wrong
Bishop pointed out that all the mem.
bers opposed to the section, with the
exception Of Dickey, viewed it as alb,
solutely Objectionable in itself Their
what was the use of defering it to in.
vestigate its legality?
on a show of hands the section was
rejected.
STILL ANOTHER.
On the completion of the reading
Achi called up sections 10 and 80 fol
further consideration. He held thai
they would complicate the elections
As amended by the committee section
10 reads:
within each and every district Of
the counties of Oahu, Hawaii, Mau
and Kauai, there shall be elected by
the qualified electors thereof a deputy
sheriff and a deputy assessor and ta0
collector"
And section 30, introduced by the
committee, reads:
THE precincts and polling places es
tablished by the laws of the Territory
for the election Of Senators and Repre-.
sentatives shall constitute the pre-
cincts and polling places for the cleo
tion of county officers"
Paris supported AchPs criticism
Where voters OF different county dis
tricts met in a common territorial poll
ing place and mingled their ballots
there would be apt to be a row.
After some conversation the two sec
lions were referred to the special com
mittee.
After Dickey's referendum propose
had been squelched the Senate az /.
m. adjourned for the day.
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