TERR. v. TRUSTEE KANOA EST. ET ALS.

NO. 3005.

41 Haw. 597 (1957)

TERRITORY OF HAWAII, BY ITS ATTORNEY GENERAL, EDWARD N. SYLVA v. BISHOP TRUST CO., LTD., AN HAWAIIAN CORPORATION, TRUSTEE OF THE ESTATE OF KALEIPUA KANOA, DECEASED; LIHUE PLANTATION CO., LTD., GEORGE MALCOLM CONEY ET ALS.; ALL PERSONS CLAIMING RIGHTS IN THE SEA FISHERIES OF NAWILIWILI AND NIUMALU, ISLAND OF KAUAI, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided February 15, 1957.


Attorney(s) appearing for the Case

Clinton R. Ashford, Special Deputy Attorney General, for plaintiff-appellant, Territory of Hawaii, for the petition.

Robertson, Castle & Anthony for appellee, contra.

STAINBACK, J., AND CIRCUIT JUDGE McGREGOR IN PLACE OF RICE, J. DISQUALIFIED.


OPINION OF THE COURT BY STAINBACK, J.

In our opinion in this case we held that under the Hawaiian law where there has been a grant of a fishing right by a land commission award, it is the "private property" of the landlord or konohiki, subject only to certain rights of tenants or hoaainas, and when there are no tenants or hoaainas the landlord has a fee-simple title and is entitled to the full value of such fishery.

The petition for rehearing...

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