Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Damon v. Hawaii — 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 ahupuaa of Moanalua on the main land of the island of 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 The organic act of the territory of Hawaii repealed all laws of the Republic of Hawaii which conferred exclusive fishing rights, subject, however, to vested rights, and it required actions to be started within two years by those who claimed such rights.
Source: Wikisource

Oliver Wendell Holmes, Jr. Damon v. Hawaii — Opinion of the Court

The argument against their effect was not that in this case the ahupuaa did not belong to the fishery, within the words 'landlords whose lands, by ancient regulation, belong to the same' (the land seems formerly to have been incident to the fishery) , but that citizens have no vested rights against the repeal of general laws. This is one of those general truths which become untrue by being inaccurately expressed. A general law may grant titles as well as a special law.
Source: Wikisource

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