The Hawaiian gazette., 1905-01-27
WHO owns Y.
THE FISH?
Eva Japanese Say Uncle
Sam and Not the
Konohiki.


the Japanese fishermen temporarily en-
joined, at the suit of the o. r. & l..
Co, from poaching upon the Homo
uliuli fishery and taking therefrom the
kinds of fish under the ancient kono-
hiki tabu. The outcome will be OF
great Importance, II the case should
be carried up, for final adjudication,
to the United States Supreme Court.
Geo. A. Davis and A. M. Brown have
filed the answer of Fukunaga and ten
others of the twentyfour Japanese
fishermen against whom the oahu
Railway & Land Co. has brought a
bill for injunction to restrain them
from trespassing upon the honolulu
sea fishery.
1t will be remembered that Fuku-
maya was discharged. under a writ OF
habeas corpus, from imprisonment
in default of paying fine of 800 and
costs imposed by District Magistrate
Hookano OF EVA, on the ground that
the penal laws of Hawaii for the pro-
lection Of konohikl. or landlord, fish
cries were abrogated by the Organic
Act, and that the vested rights pre-
served in that enactment could only
be guarded by, civil proceedings.
These defendants deny that they will
fully or otherwise trespassed upon any
water fishery or property of the plain
tiff, or took or appropriated any null
let or amaama belonging to, or in
which the plaintiff had any right or
property.
They aver that the waters where the
fish We're caught we've I'm Pearl Harbor
and in the public navigabe waters of
this Territory Of the United states or
America, owned end controlled by the
Government &C the United States, and
that plaintiff did not end could not ac-
quire any such rights therein as al
legged. They allege that they We're not
trespassing in or upon the property of
the plaintiff but were lawfully fishing
N the said water and Catching swim
miro neutral and uncondned fish
theten as they had n LAWYER right to
do under the law % t1e land" and
uutFT lft BiONAHAObS u AH Afl W
Provide a Government FOR the Terri
tory q He vail" and me said fish
cries were and are II to the citizens
cs th7 UNited States and the inhabi-
tants O. this Ten tory
IA tie aocccedire rorogcaph 1t is
claimed u tac FISH the respondents
We're catching were the property of the
United states. md th5t the plaintiff
hid no vested mt In the Ash o the
v tsrs where tn ; we're caught.
Besides pr,tin5 me plainti TO its
uoo' hat is tha kcnoh'Si or owner
e the HONOLULU hshei y thet II has
tHFe1 IN necessary steps to este dish
its vested right rs such under the Or
ganic Act, etc. these eapondents deny
that they ale rsoly emit as alleged in
ire petition. 'ey jy they pursue
the cali hg of l. hermen for a living
and have no nc. : estate bus they have
rever been decis ed irsolvent and no
jJdsn entg have been en,ersd up
against them which they are unable
to rey. Among c,per things they al
lege and aver as follows:
THAT the ss Plaintiff hrl no pow.
or or authority to claim or sci apart
for said fish cure 4 1m the oIen sea
O. Pacific Cceap. over the reef at the
enhance {, scid Pearl Harbor from
day to day and tire to time. and thus
irio said weters, and could MOI he get
apaIt or -oaired in the manner set
cot In said petition OF othe aise, and
when said FISH came into said waters
and harbo, the lid defendants rad a
lawf'l Ii61t catch them, and The
said fish VII caught became and
wcg The pfcpei,, of the ra'l defend
ants and the srid defendants specific
s'y deny thst tcey unlawfuly and
w.ongfuliy ape priatcd seid FISH as
allegeo
TIE pond r,- deny the =. Ilsdiction
OF ju6 rres,dirs et chambers to
issJe the npora Injunction. This
is the s9me point that has been APP
pealed to Washington In ina Parker
case and Viii has been raised in
numerous. other CAGES now pending.
| An affidavit Ct each of the eleven
| respondents IS fled in support of n
motion to dissolve the temporary in
/ jGr ction.