CARTER V. HAWAII, 200 U. S. 255 (1906)

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U.S. Supreme Court

Carter v. Hawaii, 200 U.S. 255 (1906)

Carter v. Hawaii

No. 144

Argued December 13, 1905

Decided Jabuary 8, 1906

200 U.S. 255


Damon v. Hawaii, 194 U. S. 154, followed to effect that, under the Hawaiian Act of 1846, "of Public and Private Right of Piscary," the owner of an ahapuaa is entitled to the adjacent fishing ground within the reef, and that the statute created vested rights therein within the saving clause of the organic act of the Territory repealing all laws of the Republic of Hawaii conferring exclusive fishing rights.

The Land Commission of Hawaii was established to determine title to lands against the Hawaiian government, and, as that Commission rightly treated fisheries as not within its jurisdiction, the omission to establish the right to a fishery before that Commission does not prejudice the right of the owner thereto.

The facts are stated in the opinion.

Page 200 U. S. 256

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