John Smith, flautist for Kamehameha III, and land rights, 1904.

HAS DECLARED THIS ACTION GOOD

INTERESTING CASE BEFORE LAND COURT—A NEGRO FLUTE PLAYER AS A COURT MUSICAN—COOKE HOMESTEAD CLEAR.

Enoch Johnson, as examiner of titles, is the author of an opinion filed in the Torrens Land Court to the effect that one John Smith, a negro flute-player for Kamehameha III was owner of a valuable piece of land on Young street, for which application was made for a Torrens title by C. M. Cooke, Limited. As the negro got the California gold fever and left, disappearing and leaving no heirs, Johnson comes to the conclusion that the property reverts to the Territory. Judge Weaver, however, differs, from this opinion and holds that the petitioner is entitled to a clear title.

The land was granted to the flute-player by Royal Patent 26, on July 17, 1847, by King Kamehameha III. Twenty-five years ago it was used as a pasture land, in the old days when its value was a mere trifle. It is now residence property. When the gold fever broke out in California flute-player Smith gave up both his job as a royal musician and his land near what then was of Honolulu then and left with some other negroes for California. He has never been heard of since and adverse possession has long since run against him or his heirs.

Enoch Johnson, however declares in his report to the court that adverse possession does not run against the government and that the law provides that property left without heirs shall escheat to the government. Here he holds that the Attorney General should be notified and that Smith’s “estate” is escheated to the government.

“I have to disagree with the conclusions of law set forth in the opinion” says Judge Weaver in his decision filed yesterda. “I am of the opinion that the applicant shows a prima facie case of title. The Territory of Hawaii has no title in the lands by reason of the law of escheat, for the reason that no ‘inquest of office’ has been had to take possession of the land. The abstract of title shows that the applicant is entitled to a fee simple title subject to a life interest in C. M. Cooke and his wife, Anna C. Cooke, as set forth in their deed to Charles M. Cooke, Limited.”

(Hawaiian Star, 6/23/1904, p. 8)

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The Hawaiian Star, Volume XII, Number 3824, Page 8. June 23, 1904.

Congratulations Waikiki Aquarium, 110 years old! 1904 / 2014.

HOME OF THE FISHES IS OPENED

A Place to Learn and Enjoy for the Visitors.

AN EFFORT BY HONOLULU’S WEALTHY FOR THE BENEFIT OF EVERYONE.

On the Saturday of this past week, the Aquarium of Hawaii, which stands in Waikiki, makai of Kapiolani Park opened for viewing. This opening was not an opening for the general public, but it was for just those who were invited to come see. This Sunday is when it will be open to the public.

Earlier, it was reported in the columns of the Kilohana¹ that a home will be built where Hawaii’s fishes will be kept, and in the end, the report has come true as the building was entered by the invited guests and will be entered by Honolulu’s people on Sunday.

Many years ago, there was a thought to build an aquarium in Honolulu nei, and Dr. Dorn was the one to come up with the idea; however, because the Government held back some of the resources, this idea by the doctor was dropped and it slept quietly until it was revived by the Rapid Transit Company [Hui Kaauwila]. This idea was considered seriously by this group, when Mr. James Castle [Kimo Kakela] and Mr. and Mrs. C. M. Cooke stepped in and encouraged the effort.

Mr. James Castle gave a portion of the land of Kapiolani Park, which he held in lease, as a place to build this home. When Mr. C. M. Cooke and his wife joined in this effort, that is when the Rapid Transit Company realized that their dream that they were dreaming would come true, and Mr. and Mrs. C. M. Cooke graciously gave the money for the construction. Therefore, the Rapid Transit Company was left to collect Hawaii’s fishes for the aquarium, and that is how the aquarium here on Oahu came to be.

This is seen in the great lands all over the world, and its importance is recognized. One of the benefits is that knowledge is gained by those studying the life of fish, and this is taught at universities. And some thousands of people graduate, being educated in where various ocean fishes live, like whales, sharks, the fishes of the ocean floor, and outside of those, the small fishes of the sea shore.

At the aquarium of Hawaii mentioned above are the many fishes of Hawaii; the ocean fishes are separated from the fresh-water fishes, and according to the visitors who went to see this new place and who have seen the displays of the Foreign Lands, …

¹From the subtitle of the Kuokoa Newspaper: “Ke Kilohana Pookela no ka Lahui Hawaii” [The Greatest Prize of the Hawaiian Nation]

[Go check out the Waikiki Aquarium today, Saturday, 3/22/2014! The 110th anniversary celebration continues with fun for the entire family! $1.10 admission to the Waikiki Aquarium all day! Activities include: the Great Marine Chalk Art Draw and Kids Doodle Zone, entertainment by the UH Rainbow Marching Band, Rainbow Dancers, and other guests groups, a special performance of the musical “Honu by the Sea,” free giveaways (while supplies last), LEGO build area, samples from Pepsi, educational and entertaining activities and much more!]

(Kuokoa, 3/25/1904, p. 1) Continue reading