The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-04-25
NO RIGHTS
IN FISHERIES
Senator Lane Says | sw
Conflicts with
Organic ACT.

From the special committee appoint !
ed to consider the bill to protect fishing
rights. Senator John Lane Saturday
submitted the following minority re-
port:
The undersigned, member of the
committee to whom was referred House
Bill No. 1873, being An Act to Protect
Vested Fishing Rights" herewith SUBJ
mits findings and recommendations as
| follows:
Prior to the establishment of a
Territorial form of Government for
these Islands. the sea fisheries there
of were In the exclusive possession of
private parties and corporations. The
policy of rights Of this kind being vest
ed i'm others than the Government is
opposed by the traditions and customs
of the country to which we have be-
come annexed. and 1t was for this rea-
son that Congress, in framing the Act
for the government of this Territory,
made provision therein for the control
of such rights in the sea waters of
this Territory by the Government. in
like manner as the shore line on the
mainland is so controlled. Therefore
we have, in sections 95 and 90 of the
Organic Act, the edict of the Congress
of the United States. Section 95 opens
with the declaration That all laws
of the Republic of Hawaii which con-
fer exclusive fishing rights upon any
person or persons are hereby rerealed.'
etc. Section SO provides the method OF
procedure for those having had such
rights, to establish their claims. and
directs the manner I'm which The At
torney General of the Territory of Ha-
wall may proceed in the manner
Provided by law for condemnation OF
property for public use, to condemn
such private right of fishing to the use
OF the citizens of the United States'
which compensation, when
lawfully ascertained. shall be paid out
of any money In the treasury of the
Territory of Hawaii not otherwise APP
propriated'
1.-THE conclusion must be obvious,
from the language used In the last OF
above quotations, that Congress never
seriously contemplated any very great
drain on the Territorial excbequer In
the final quieting OF these claims
House Bill No. 129 seeks to nulify
the provisions of Section 95 of the Or
ganic Act repeating exclusive rights
in sea fisheries. by permitting the con-
troll of such fisheries to rest indefinite
ly with those who have eitabl shed
their Claims pending the arrival OF an
unappropriated surplus In the Terri
torial Treasury.
THE object of the bill being thus
in direct conflict with the purpose OF
Congress in framing Sections SO and 96
! of the Organic Act, the undersigned
respectfully recommends that said
House Bill No. 1873 be laid on the table.
Respectfully submitted,
JOHN LANE.
April 18th. 1905
S.S..1S.cs.Icl.cl.cl. 0.I1.s>.St.{S.<S~
motion of Paris was referred to the
Ways and Means Committee, with Or
ders to report today.
House BI.i 1s6, to protect forest
lands from fires, was read for the third
time and passed, Brown. Dowsett Hew-
lit, Lane, McCandless, Woods and
Isenberg voting against it.
House Bill 203, relating to summary
proceedings to recover possession of
land, was read Tor the third time and
referred to the Juoiciarv Committee.
| House Bill 205, authorizing railroads
to operate by other power than steam,
was read for the third time and pass
ed, only McCandless, Kalama and
Brown voting against it.
House Bill 900, regulating fiduciary
companies, was read for the third time
on reconsideration and passed.
House Bill 1914 rassed second reading
| and it will be read for the third time
| today. y
The Health Committee reported fa-
vorably on House Bill 81, the license
bill, and the report went on the table
to be considered with the bill.
House i,ill 2Il. relative to fast driv-
ing across bridges, passed third read.
ing.
House Bill ZIG, relating to proofs
of instruments was read for the third
time and passed, McCandless voting
against it.
House Bill 2l7, the Kohala hospital
bill, on third reading, was referred to
the Health Committee.
THE HOUSE.
"The Hilo armory is, by the neglect
of the Public Works Department and
the wilful violation of the contract by