Damon v. Hawaii
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE TERRITORY OP HAWAII. The facts are stated in the opinion of the court. The statutes of Hawaii from 1839 down on the subject of fisheries, have given property iñterests.in the.fisheries to the adjoining landowner. History, and usage are to be looked at in considering these statutes. Martin v. Waddell, 16 Pet. 367. These acts are not to be construed as are conveyances between individuals. They are laws as well as grants.
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ERROR TO THE SUPREME COURT OP THE TERRITORY OP HAWAII. The facts are stated in the opinion of the court. The statutes of Hawaii from 1839 down on the subject of fisheries, have given property iñterests.in the.fisheries to the adjoining landowner. History, and usage are to be looked at in considering these statutes. Martin v. Waddell, 16 Pet. 367. These acts are not to be construed as are conveyances between individuals. They are laws as well as grants. Railway Co. v. Railway Co., 97 U. S. 491; Railway Co. v. Davison, 65 Michigan, 416; Winona & R. Co. v. Barney, 113 U. S. 618; United States v.…
1Opinion of the Court
Mr.- Justice Holmes
delivered the opinion- of the court.
This is an- action at law, somewhat like a bill to quiet title, .to establish the plaintiff’s right to a several fishery of-a peculiar sort, between the coral reef and the ahupuáa of. Moanalua on the. main land of the Island óf Oahu. The organic act of the Territory of Hawaii repealed all laws of the Republic of Hawaii which conferred exclusive fishing rights, subject, however, to vestéd rights, and it required actions.to be started within two years by those who claimed such rights. Act of April 30, 1900, c. 339, §§95, 96; 31 Stat. 141,…
2Cases cited2 opinions
- Wisconsin & Michigan Railway Co. v. PowersSupreme Court of the United States · 1903
- Wedding v. MeylerSupreme Court of the United States · 1904
3Cited by19 opinions
- Kawananakoa v. PolyblankSupreme Court of the United States · 1907
- Boquillas Land & Cattle Co. v. CurtisSupreme Court of the United States · 1909
- Bishop v. MahikoHawaii Supreme Court · 1940
- United States v. HastingsSupreme Court of the United States · 1935
- City and County of Honolulu v. BennettHawaii Supreme Court · 1976
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