Territory ex rel. Sylva v. Bishop Trust Co.

*359OPINION OF TIJE COURT BY

STAINBACK, J.

This case comes to this court upon an appeal from a judgment entered in the circuit court of the fifth judicial circuit of the Territory of Hawaii.

The action was one in eminent domain to condemn for the use of the citizens of the United States of America the private fishing rights in the sea fisheries at Nawiliwili and Niumalu. Private fishing rights were established by the predecessor in title of the Bishop.Trust Company, Limited, Trustee, in these fisheries by judgment rendered in the circuit court of the first judicial circuit in 1911 in a proceeding…