The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-29
JAPANESE HAVE
FISHING RIGHTS
Judge Dole Decides Against the
Schooner Concord in the
Collision Case.

: Japanese fishermen have now been
judicially declared to have the right to
fish within the territorial waters sur
rounding these islands,
Judge Sanford B. Dole yesterday rem
dered a decision in admiralty, in the
u. S. District Court, in favor of Tsune-
kichi Matsuno and against the Amer
lean schooner Concord. Libelant claim
ed s368.30 and is awarded s33360, with
interest estimated at 1888, and costs
This is the statement of the case in the
beginning of the decision:
THE libel in this case complains that
on the 9th day of August A. d. 1905,
at about two o'clock in the morning,
while the 1ibelant was engaged in fish
ing in his own boat, anchored off the
harbor of Honolulu, he was run into
by the libelee, whereby libe1ant's boat
was overturned and injured, all of his
loose property in the boat lost and he
himself thrown into the water, where
he remained some time until he was
rescued, by which he was made i'll so
that he was unable to attend to his
business for about month, which COL
lision occurred through the negligence
of the libelee and claims, for the loss
and injury to his property and his own
loss of time and medical expenses, the
sum of s36s.30,
James Lyle and K. S. sorenson in
tervened as owners of the schooner
Concord and answered the libel, admit
ting the collision and disclaiming all
negligence, and claiming that the COLI
sion occurred through the negligence
of the libelant in being without rid
ing light at the time Of the accident;
that he made no effort to avoid the
collision which he saw was imminent;
that he Was anchored in the course of
vessels approaching the port Of Homo
was trespassing upon American waters
in being at the place and engaged in
fishing; and therefore from all of these
grounds is not entitled to damages
J. J. Dunno was proctor for libelant,
and A. G. NJ. Robertson for libelee. A
great deal of testimony was taken and
Following are the grounds of law up
on which the courts decision is based.
taken from the syllabus without the
captions:
Negligence whereby injury is done
is not excused because the person in
jured is a trespasser. Richmond V.
Bronson, 5 DEMO, 55, dissented from.
THE Organic Act I. H. declared GER
tain Hawaiian sea fisheries, which had
previously been free to citizens and
residents alike, to be free to citizens of
| the U S. Held, that without further
| enactment or authoritative notice 20
the contrary. such fisheries remained
free to non-citizen residents as we'll as
! to citizens.
"Fairway' and "midchanner are used
anonymously in 80 Stat. l.. 101, and
this use is in harmony with Century
Dictionary.
Failure of anchored boat to show
| statutory light does not impair her
right to recover for collision if such
failure did not contribute thereto.
"a boat anchored in an open road
stead near the entrance to harbor
where few vessels pass in the night,
and fishing with lines, is not an OBJ
struction to navigation.
"A fisherman in an anchored boat
which is run down through the negli-
gence of a moving vessel is not pre-