davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30

| Hawaii which confer exclusive fishing
rights upon any person or persons are
1 hereby repealed, and all fisheries in
| the sea waters of the Territory Of Ha-
wall not included in any fish pond or
| artificial Enclosure shall be free to all
/ citizens of the United states, subject,
| however, to vested rights; but no such
vested right shall be valid after three
years from the taking effect of this
| Act unless established as hereinafter
provided"
1t is then provided by Section 96 of
the Organic Act that one who claims
a private right to amy such fishery
shall file his petition TO establish the
same. etc. We take it that amy such
ishery' means the fishery or fishing
right referred TO in Section 95.
Congress intended to do away with
all fisheries in the sea waters of the
Territory belonging to private indi-
viduals and not included in any fish
pond or artificial inclosure and to pro-
vide for the condemnation of such Of
them as We're vested rights.
1t is not the kind of fish caught
that determines the question, but it is
the place where the fish are caught.
So the fact that the kind of fish taken
in this river are sea fish which have
come in from the ocean is immaterial.
In this case no claim is made that
there was a grant of a fishing right
as such.
In 1899 King Kamehameha III re-
sumed possession of all the fishing
grounds in the Islands and redistrib
uted them, giving those without the
coral reef, namely, the Kilohee
ground, the Luhee ground, the Malolo
ground, and the ocean beyond, to the
people, and those from the coral reefs
to the sea beach are for the landlords
and for the tenants of their several
lands. but not for others" Subsequent
statutes, which, with few changes
have continued in force until repealed
by the Organic Act, confirm this divi-
sion by enacting that the fishing
grounds from the reefs, and, where
there happen to be no reefs, from the
distance of one geographical mile sea-
ward to the beach at low water mark,
shall, in law, be considered the private
property of the konohikis, whose
lands, by ancient regulation. belong to
the same" and further setting out the
rights and restrictions of the kono-
hillis and tenants in regard thereto.
r. L., Oh. So. See Damon V. Hawaii,
1914 U. S. 154, 15S; Haalelea V. Mont
gomery, 2 Haw. 60, 65. No reference
is made to fishing rights of the kind
claimed in this action.
The conclusion is that whatever fish
ing right the plaintiff may have in
this case is not included in the provi-
sions of the Organic Act.
The second reserved question is ac-
cordingly answered in the negative.
B. L. Marx Chimney & Marx on the
brief for plaintiff; w. L. Whitney,
Deputy Attorney General &C. r. Hem |
enway, Attorney General, also on the
brief), for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
FISHERY RIGHTS
IN REVIEW
Supreme Court Settled Long
Standing Question
Yesterday.

The rights given by law TO various
persons and corporations for the ex-
elusive privileges of fishing in certain
waters We're reviewed in d decision of
the Supreme Court. handed down yes
terday in the matter OF the claim OF
the Kapiolani Estate to fishery rights
in the Hanapepe river, Kauai. The de-
cision is that these rights are not in
Guided among those established by the
Organic Act. 1t also decides the ques-
ton of the power of Circuit Court to
change the venue in an action with the
consent of both parties, deciding this
in the affirmative. The opinion, writ
ten by Justice Wilder, is in part as
follows:
This is an action instituted in the
Fifth Circuit Court to establish a fish
ing right under Section SO of the Or
ganic Act, which action, by consent
of all parties, was transferred to the
First Circuit Court, which last court
TSSeTNSu Two iutsSt1oilS IOL Tic IO1ioAo-
Grafton of this court.
The first reserved question is wheth-
er the Fifth Circuit Court had power
with the consent of both parties to
change the venue and transfer the rec
ord TO the First Circuit Court.
Plaintiff claims that this is an ac
ton TO quiet title in real property and
is triable only in the Fifth Circuit, in
which the fishery claimed is situated.
Assuming, but not deciding, that an
action TO quiet title in real property is
triable only in the circuit in which
the real property in question is situ-
ated, and that the venue of such an
action can not be changed, it does not
follow that the venue of this action
can not be changed to the First Cir
cult. This is an action specially au-
thorized by Section 90 of the Organic
Act, which provides that ANY person
who claims a private right to any
such fishery shall, within two years
after the taking effect of this act, file
his petition in the Circuit Court of
the Territory of Hawaii, setting forth
his claim toe such fishing right, SER
vice of which petition shall be made |
upon the Attorney General, who Shall
conduct the case for the Territory, and
such case shall be conducted as en- or
binary action at law
1t is not alleged that defendant |
claims an interest in the property adj |
verse to the plaintiff. and the declara-
ton as a whole shows that it is not
statutory action to quiet title in real
property The first reserved question
is answered in the affirmative.
The second reserved question is
whether the fishery claimed in this
action is included under Sections 50
and 90 of the Organic Act.
The fishery claimed is entirely within |
the Hanapepe river. on the Island of |
Kauai, where the tide to a certain ex- |
tent rises and falls, the water being |
a mixture of sea water brought into |
the river by the action of the tide and |
fresh water coming down the river. !
The fish taken are sea fish coming |
from the ocean. No weir or artificial
exists across the mouth of
the river The title to the fee of the |
bottom of the ri6r is in. the plaintiff.
Section So Of the Organic Act is as
THAT all laws of the Republic of
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
Weekly NGlI1GI Bulletin
For the Week Ended October 26, 1907
Honolulu, October %, 1907.
GENERAL SUMMARY.

The mean temperatures for the week
We're appreciably lower than those of
the preceding one at all stations on
Hawaii, Maui, and Molokai, and at all
but two on Oahu. They We're gem
orally higher on Kauai. On Ha-
waii the changes were generally from
-1.2 deg. to 81 deg; on Maui from
10 deg. to Al deg; on Molokai,
10 deg, and on Oahu less than 10
deg. In the Puma district of Kauai
they ranged from I'll deg. to HIS deg.
The greatest amounts of rainfall for
the week occurred in the Hflo and
Puma, the southern portion of the Ha-
makua, and the east-central portion
of the Kohala districts of Hawaii
where. they ranged from LOG to asa
inches. In the remaining portions of
Hawaii they did not equal 100 inch.
In the Hamakuapoko, Hama and Koo-
lau districts of Maui they varied from
loo inch to 1.S5 inches, and 90 to II
inch in the remaining districts. On
Oahu the amounts ranged from .03
inch to 1872 inches; from .98 inch to
$50 inches on Molokai, and .03 to ~
inch on Kauai.
At stations having a record of ten
or more years the total was below the
average for the week 10 inch to 1.7S
inches in the Hilo, Puma, Kau, and
Kona districts of Hawaii; .O4 to IA
inch above in the Hanakua, and .03
to % inch above in the KohaIa, except
a deficiency of 90 inch in the NV por-
ton. On Oahu deficiencies ranging
from % to rs inch were reported ex-
cept an excess of 90 inch in the Waia-
nae district Stations on Kauai report
deficiencies ranging from 26 to 80 inch
The following earthquakes were re-
ported from Hawaii-Kohala Mill, 21st,
7:45 p. M, light, and Waimea, 1:2o p.
M. of the 21st.
The following table shows the weekly
averages of temperature and rainfall
for the principal islands and for the
group:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
+ THE WORRIED WOMEN. :

They say men must work ana
women must weep; but alas, in
this too busy world women often
have to work and weep at the
same time. Their holidays are
too few and their work heavy
and monotonous. It makes them
nervous and irritable. The de-
pressed and worried woman loses
her appetite and grows thin and
feeble. Once in while she has
spells of palpitation and has to
lie up for a day or two. If some
disease like influenza or malarial
fever happens to prevail she is
almost certain to have an attack
of it, and that often paves the
way for chronic troubles of the
throat, lungs and other organs;
and there is no saying what the
end may be. Let the tired and
overladen woman rest as much
as possible; and, above all, place
at her command a bottle of
WAMPOLE'S PREPARATION
a true and sure remedy for the
ills and maladies of women. 1t
is palatable as honey and con-
tains all the nutritive and cura-
tive properties of Pure Cod Liver
Oil, combined with the Com
pound Syrup of Hypophosphites
and the Extracts of Malt and
Wild Cherry. Search the world
over and you will find nothing
to equal it. Taken before meals
it improves the Hutritive value
of ordinary foods by maxim
them easier to assimilate, am.
has carried hope and good cheer
into thousands of homes. It is
absolutely reliable and effective
in Nervous Dyspepsia, Impaired
Nutrition, Low Vitality, Wasting
Conditions, Melancholy, Chloroe
sis, Scrofula, and all troubles of
the Throat and Lungs. DR.. E.
j. Boyes says: al have found it a
preparation of great merit. In
a recent case a patient gained
nearly twenty pounds in two
months treatment, in which it
was the principal remedial a.
gent" It carries the guarantee
of reliability end cannot fail or
elsappoint you. At chemists
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
"MY BOAT ON OPEN SEA. -.

My boat is on the open sea
Where storms and tempests toss;
I 10 not know what ills I'll meet
Before I get across.
I do not know how long or short
The checkered way may be,
But patient, I'll abide His time,
Who built the boat for me.
'Tis fully manned in every part,
Hope is the anchor fair,
The compass that it bears is faith,
And every oar prayer.
Sometimes I see. the pillows high.
The tempest madly roars;
But all 1 do is simply this,
Bend closer to the oars.
The waves at times seem mountain
high,
And threaten me to strand.
I heed not, for He holds them in
The hollow of His hand.
And so, content, I'll glide along,
If either slow or fast.
Well knowing He will bring my boat
Safe into port at last.
Unknown.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30

Mrs. Pinkham's Standing Invitation to Women
form invited
Mrs Pinkham Mass From the
quickest and
treating female
always helpful
Understands Womans His
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
MRS. CHAS. A.ROcKVvoOD

are constantly being received by
Mrs. Pinkham to prove our claims.
Mrs. G. A. lockwood, teacher of
Parliamentary Law, of IS Free St,
Fredonia, n. Y, writes:
''For years I suffered with female trouble.
1t was decided that an operation was neces-
sary, and although submitted to a serious
operation my sufferings continued, until
Lydia E. Pipkham's Vegetable Compound
was recommended and it proved marvellous
remedy, so quickly did it restore my health.
I cannot thank you sufficiently for tha good
it has done me-"
Miss Margaret Tierney, of No. 328
w. 25th Street, New York, writes:
Dear Mrs. Pinkham;-
'sWhen only eighteen years OF age our
physician decided that an operation was
necessary to permit of my womanly organs
performing their natural functions My
mother objected and being urged by
relative to try Lydia E. Pinkhams Veget-
able Compound did so. | soon improved in
health, the proper conditions were establish
ed and / am well and strong, thanks to
Lydia E. Pinkham's Vegetable Compound"
No other remedy has such un-
qualified endorsement as Lydia E.
Pinkham's Vegetable Compound. No
other remedy in the world has such
a record uf cures of female ills.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30

AT the local office of the U. S.
Weather Bureau in Honolulu, partly
cloudy weather obtained, with meas
urable rainfall on the last five days
amounting to 10 inch, 80 less than
the normal and .16 more than during
the preceding week. The maximum
temperature was 81 deg; minimum,
20 deg; and mean, no deg, 10 deg.
above the normal, and i deg. higher
than last weeks. The mean relative
humidity was 69.4 per cent, and the
prevailing wind direction NE, with an
average hourly velocity of so miles.
The mean daily barometer was .O4 to
09 inch above the normal throughout
the week.
VIM. B. STOCKMAN,
Section Director.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30

Casual Caller (to one next him)-I
was introduced to that squint-eyed,
red-haired woman over there as Mrs.
Somebody or other. Don't you think
the man was an idiot that married
her? Next One (meekly)-I can't just
say. I'm the man.-Baltimore Ameri-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
MISS MARGARET TIERNEY

A large proportion of the operations
performed in our hospitals are upon
women and girls for some organic
trouble,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-30
why should this be the case ?


Because they have neglected them
selves, as every one of these patients
in the hospital beds had plenty of
warning in those dragging sensations,
pains at left or right of abdomen,
backaches, nervous exhaustion, in
dammation, liberation, displace-
ments, and other organic weaknesses.
All of these symptoms are indica-
tons of an unhealthy condition of the
female system and if not needed the
penalty has to be paid by a dangerous
operation. When these symptoms
manifest themselves. do not drag
along until you are obliged to go to
the hospital and submit to an opera
tion-but remember that Lydia E.
Pinkham's Vegetable Compound, made
from native roots and herbs, has saved
hundreds of women from surgical
operations.
Lydia E.. Pinkham's Vegetable
Compound. has cured more cases of
feminine ills than any other one
remedy. Such letters as thefollowing
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
MAKE GOOD BUSINESS MEN.
Country-Bred Youth, 1t Is Asserted,
Arc the euccaaafuI nua.

Country-Bred Youth, 1t Is Asserted,
Are the Successful Ones.
1t is a good thing that our country
bred youth does not always stay on the
farm of his father, says the Craftsman.
Somebody else, an immigrant, a farm
er from another State, or a man from
the city will take 1t and carry on his
work. And rotation of farmers is as
good for the nation as rotation of crops
is for the soil. Educational observers
and thinkers are agreed upon the ines
Unable value In youthful training of
the sort Of life the farmers son leads
his companionship with nature, his
knowledge of material things, his ne
cessltated self-reliance, his manual dex-
textiles. 1t is said that nlne-tenths of
our successful business men grew up
in the country and of those who have
been prominent In the professional and
public life fully as many passed their
early years on the farm. Is 1t not
much better for the general good that
the farmers son should take his coun-
try-trained mind and body into other
activities and let the city-bred me-
chanic's or clerks or lawyers son have
LIS chance on the farm? AS long as
the love of a fruitful earth and a free
sky Is a fundamental instinct in the
human heart there is no danger that
the land will be left without occupants,
If man does not interfere with artificial
conditions which make 1t impossible
for those who would to use the land.
The experience Of those organiza-
tions which are striving to counterfeit
in some measure the drift into the cit
les proves that the cities are full of
people who, If they could, would glad
ly rush back to the land and when
ever the way is opened for them to go
back they make efficient farmers AS
things are now large masses of people
who are longing to live upon the land
can reach 1t only when helped by the
hand, not Of charity. but of benevo-
lence. But the undertow has started
and has proved It's strength.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
MONTANA ITEMS

H. G. Withrow of Duluth, Mimi,
committed suicide recently at Helena
at the house of his brother-iR-law by
drinking carbolic acid. He was 40
years old and unmarried.
Gus Beckman was killed and John
Field and Harry Larson were seriously
injured in a premature blast at He'll
gate recently.
Because the Butte Evening News
raised the price of its papers to the
Inewsboys, reducing the number from
three to two for cents, all the new
sizes to the number of about 100 went
on strike.
Joseph Stark, charged with grand
larceny, and whose case was set fol
trial Wednesday in the district court
at Virginia City, has disappeared, and
his bondsmen have been obliged tc
forfeit the amount of his bond, which
was $500.
Three men under arrest at Dillon
who refuse to give names, robbed the
Oregon Short Line section house al
Feeley's station, securing 800.
! William Carmichael, a well-known
old-timer Of Butte, sprang from the
fourth story of the county hospital re
Gently, apparently with suicidal intent
or else in a delirium. sustaining in
juries which will prove fatal.
Eight men, names unknown, los
their lives in the rush of water dow
Careless creek during the recent cloud
burst at Lavina.
Miss Elizabeth Jane Eva, aged 20
a we'll known Butte high school girl
died recently from the effects Of drink
ing a quantity of carbolic acid. Sick
ness was the cause.
There is slight decrease in tn
lamount of gold received this year an
increase in silver at the United State
assay Office at Helena. Gold receive
was $2,052, 046.67; silver, $59,191.04
The total receipts for June were $40
1892, of which S10S,5S1.56 was i
gold. Choteau county was the banne
producer this month.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
OREGON SQUIBS.

The La Grande jury in the case of
Nat Hall, charged with the murder of
Isaac Edland at the Indiana mine,
brought in verdict Of mot guilty"
The third dry Sunday in Portland
passed away quietly as far as the day
and evening were concerned, but dur
ing the early hours Sunday morning
the police broke all previous records
in the number of DRINKS arrested and
placed in limbo.
Rev. Clearance True Wilson, pastor
of the Grace Methodist church in
Portland, startled his congregation
Sunday evening by coming out en-
phatically and announcing himself as
in favor of the unwritten law as a
plea for defense in a murder trial.
After several weeks spent in quiet
ly soliciting stock the business men
of Eugene have reached point which
assures construction by them of aerail.
road to tidewater on Suislaw river.
Maintaining responsibility to the
last and without word to say in part
ing, Holiver Megorden mounted the
scaffold at the penitentiary at Salem
and one minute later was plunged into
eternity. He had paid the penalty for
the murder of his wife, Mary Megor
den, in the heat Of passion, near Nyssa
Malheur county, March %, 1905.
While held captive as a slave In
Chinatown dens in Portland under
threat of death if she dared venture
to make her escape, Miss Alma Church
became mother of male child, and il
developed through persistent investiga
ton by detectives who rescued heI
that Elmer Lin, her yellow master
gave away the child when it was but
few DAYS old
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
FOR LOVE OF HIS CRAFT.
Stony of Captain whe Went Down
with His Ship.

Stony of Captain Whe Went Down
with His Ship.
One of the pathetic stories of the
storm that swept up the Atlantic coast
a few days ago was that of the death
of Capt. Matheson OF the schooner Mel
lie Floyd. wrecked off the North Caro-
lima coast, says the Savannah News.
1t is Of special interest in this Sec
ton, because Capt Matheson and his
vessel were we'll known hereabout. For
number of years they had been fire.
quent visitors at Carolina and Georgia
ports, where ship and master became
familiar figures. When the Floyd foun-
dered 1t was certain that she must
leave her bones In that marine grave
lifecraft of matches was constructed,
and the crew, including the captain,
piled on 1t. AS they were about to push
off, trusting to fortune to be picked up
by a passing ship, Capt. Matheson
looked back upon his beloved schooner,
then in its death throes. His heart
smote him. He felt like a deserter.
The suffering but inanimate hulk called
to him, and he could not resist the
call. II am going back, boys" he said:
"good-by, and good luck to you" Then
he scrambled back to the decks, by that
time awash and fast settling. And in
sight Of the crew the ship and her
captain went down to their fate.
1t is one Of Kipllng's favorite themes
to illustrate the affection of a captain
for his ship and an engineer for his
machinery. 1t is one of the conten-
lions Of purlsts that one cannot love
anything incapable of returning affec-
ton In kind, but it is stretch of the
truth or license Of language to say
that the sea is fairly peopled with skip
pers who love their craft with such
devotion that they prefer death to life
without them. Such was the case with
the British Admiral Tryon, who re-
fused to be rescued when, some years
ago, Off Africa, the battleships Victo-
ria and Camperdown came into COL
lision, With such disastrous results to
the former, Admiral Tryon's flagship.
There are those who will assert that a
good ship and good master come into
closest understanding and affection for
each other when they have long sailed
together. The master is jealous Of the
care of his ship and that she shall have
the very best treatment, while the ship
apparently does her best to demon
strate that the kindly care Is fully APP
preciated. Capt. Marryatt says that a
ship will become sick and sullen under
the hand Of new master after an
old and kindly one has been removed
from her. She missed the petting
I and, according to the fashion of her
sex, resents the deprivation. Capt
( Matheson, who died with his schooner
, was a type of the sailor who loves his
1 ship and who will give his life for his
/ love.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05

ton has been brought to a sudden
close for an indefinite period by the
suits recently instituted to prevent the
sale of Lake Union and Lake Wash
ington shore lands, from which the
commission was to derive funds for OPP
GRAFTON, left them so Handicapped, that
there was no use in proceeding fur
Their with their plans until some dis
position is made of these suits or some
other arrangements made for finances.
ut is a tissue of falsehoods," said
Secretary Taft when his attention was
called to reports of dissatisfaction
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
Russian Estates Ruined.

The incendiary movement among
Lne peasants in revenge for the disso-
luton of parliament has assumed Sc
rious proportions. Six large estates,
including those of Count Vladimir Bo-
brinsky, president of the constitution
al democratic party, and Princess
Vjadbolaka were devasted by in
cendiary fires. The losses were very
heavy. Robbers at Tiflis, Russia, en-
tered the residence of Prince Charvo-
deze, killed the prince and plundered
the house.
The explosion of an internal ma
chine at Sebastopol shattered the pris-
on wall. Twenty political prisoners
escaped
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
Japs Hover on Mexican Line.

immigration officials at San Antonio,
Texas, have received information that
there are 1000 Japanese in Mexico
awaiting a chance to slip into the
United States. The news comes from
the construction camps below Tuxpa-
nom, on the Manzanillo extension Of
the Mexican Central railroad.
Troy weekly news. (Troy, Idaho) 1897-1933, 1907-07-05
France Is Firm.

Paris-The chamber of deputies by
a decisive majority of 120, after an ex-
citing debate, voted confidence in the
governments policy regarding the
winegrowers' movement. Premier
Clemenceau's victory was more de-
cisive than his most ardent friends
had expected.