Honolulu Star-Bulletin from Honolulu, Hawaii • 4

A-4 Kcnclulu Court refuses to rehear seashore case i. rrviv II f'f fl. to enter the case as friends of the court, because they had substantial interests in the matter. These motions also were denied Monday. EXCLUSIVE WAVES Military, surfers dot the waves in front of the Barbers Point Officers' Recreation Area.

Civilian surfers are chased from the waves because the area is considered a danger zone and the waters restricted. A danger sign, to the right separates the surfing and swimming areas. DANGER ZONE FOR MILITARY SURFING Civilians are not allowed to enter the restricted beach and surfing area off Barbers Point because of the "dangerous activities and materials in the area." But just beyond the fence the families and guests of military men prepare for a day of surfing. On use of Barbers Point Area uriers Association challenges The State Supreme Court has denied a petition to rehear a landmark case in which it ruled that private seashore boundaries are determined by the vegetation or debris line. The rehearing was sought by two private landowners, attorney Clinton R.

Ashford and his wife, who contended in the suit that the boundary should be at the high water mark. Associate Justice Masaji Marumoto, who dissented from the high court's April 30 decision, concurred with its denial of the request Monday. Marumoto said he did so because he understands "it to be the position of the court that the decision is limited to the determination of the location of ma ke kai under evidence in this case, and does not establish a general principle applicable to the determination of seaward boundaries in other cases where different evidence may be presented." The Ashfords had royal patents to their two parcels of land in Kainalu, Molokai, and went to court to register title to their lands. They contended the governing phrase, "ma ke kai," meaning along the sea, placed the seaward boundaries at average high water mark. The State attorney general said the boundaries are determined by the edge of vegetation or the line of debris left by the wash of waves during ordinary high tide.

The high court sided with the State and reversed an earlier decision by Land Court Judge Samuel P. King. The majority opinion, written by Chief Justice William S. Richardson, said it was-the intention of King Kame-hameha when he granted the royal patents in 1866 and used the phrase "ma ke kai" to so mark the boundary. After the decision, motions were filed by Bishop Estate trustees and two law firms asking that they be allowed er than seeing the military as a protective element, the situation might well nurture the feeling of distrust and strengthen an attitude of 'military Ten-, sion between civilian surfers and military surfers is bound to increase," the statement says.

Other discriminations The association also charges the military is using discrimination in its enforcement of the restricted waters. "Boats for fishing and spearfishing are allowed to come into this area for sport. There are no facilities to ap-p them. However, should a local surfer come into the area he is quickly asked to leave. Local surfers are easily recognized by their browner skin.

Some Caucasians are also caught while others slip in unnoticed," the statement says. The association says it would not object to signs that forbid unauthorized civilians Navy access to the military beach. However, it feels the waters should be open to all, as is the case at all other military beaches. "If the area off the runway, which is quite a distance from the recreational must be protected a fence adjacent to the surfing site could be extended into the water to provide more security than is now experienced." The association's 19-page presentation to the senators also includes letters to the Ewa Beach Surf Club from the acting U.S. States Attorney and the assistant U.S.

States Attorney warning that the government will prosecute any surfer caught in the area. Another letter from Rear Adm. R. B. Lynch, former commandant of the 14th Naval district, repeats the warning and states that the public has been excluded from the waters of the area because of the "dangerous activities and materials in the vicinity." 6R c4--t i J' "proposed err camping 'L'JlJ' AND SURFING PARK BARBER'S SURFING AREA tggT IN QUESTION By Toni Withington Star-Bulletin Writer The Hawaii Surfing Association today called for a TT Spnatfi investigation into what it calls the confiscation of a Barbers Point surfing area for the exclusive use of military surfers.

In identical letters to both of Hawaii's senators Mrs. Robert Husic, secretary of the association, said: "The military is extending Its granted restrictive powers beyond a logical limit to create an unjustified situation." She described the surfing site on the Ewa Beach side of the restricted waters off Barbers Point Naval Air Station as "second only to Waikiki on the South sbore." The letter charges that while the waters -h a 1 mile off shore of the base are restricted as a danger area the base commander allows military families to surf and swim at the officers recreation center built in front of the prime surfing area. The base's VIP quarters and officers' weekend cabins are also located along the beach labeled as a danger area." "On one hand the public is told it is too dangerous to surf in this area," the asso-ciation's statement says. "On the other the local people can readily see that the area is not too dangerous for i 1 i ta officers to surf there. It is not too dangerous for their wives to surf there, or for their children.

It is also not too dangerous for their guests to surf there. However it is too dangerous for the local people to surf there." Recreational uses and danger areas are "incompatible. Hilo sampan buses face cost squeeze HILO A meeting of government and private interests yesterday sought means to rejuvenate and preserve Hilo's unique sampan bus fleet, but found there was no easy solution. Operators of the colorful open air buses built on automobile chassis reported that the cost-squeeze grows ever tight as they try to keep their aging vehicles on the road. Only 13 of the buses remain in service, with an average age of 20 years.

The fleet once numbered in the scores. The drivers, with an average age of 58, net only $1 to $1.25 an hour after expenses. Average income per bus is 1189.49 a month. Visitor industry and commercial interests attending the meeting agreed that the fleet should be preserved for the local color it provides, at lease on the routes used most often by visitors. It was agreed also the operators would need some sort of subsidy if they are to re main as private business? men.

But no concensus war-reached on the source anc extent of the subsidy. The County's Economic Development Department presented figures indicating! that, should government take; over the operation, it would cost from $95,000 to $100.0005 a year to operate five routes including salaries fringes, maintenance and the" like. Pi STK 2065 2851 00 STK 3781 2698 00 STK 3865 2967 00 surfer, McQuary said. "The admiral has expressed interest in this problem and wants to take time to study the situation and policy with the idea of amending some portions of this in the interest of community relations and everyone's enjoyment." McQuary added. State laws defend the public use of all shore waters except during emergencies and in most cases protect access by providing rights-of-way.

However, at Barber's Point "one group can use the water as a recreational area while another, whose rights go back centuries cannot," the statement says. "The Hawaiian people can readily see hundreds of surfers enjoying the water and find themselves excluded. This is contrary to all Hawaiian tradition and, of course, is a possible source of potential tension and fric- tion. and in this case, unwarranted," the statement adds. The surfing association is a State-wide group representing all of the regional and competitive surf clubs.

The call for "an extensive investigation of the intent and powers" granted under the federal code which allows the military to restrict shore waters was made in conjunction with the Ewa Beach Surf Club. The letters and statement are the result of a nine-month study by both groups. Capt. John E. McQuary, commanding officer of the base, said the Navy is studying the situation and might change some of the restrictions.

"This is not a closed issue. It is very much open," he said. Admiral interested Adm. Fred E. a i commandant of the 14th Naval District, is also an avid M0HTEG0S COUGARS AND MUST BE SOLD THIS MONTH DEGAUSS OF PRICE We are overstocked again.

BONUS TRADE ALLOWANCES 1968 MERCURY COUGAR. "There has been no precedence on this island of a particular group confiscating in any way a surfing site for its own use until the present attempt to do this at Barber's Point," the a i a-tion's study shows. "Considering the pressing need for full use of all pre sent surfing sites and the deep-seated tradition that all Hawaii's waters belong to the people of Hawaii, it is only logical that friction will develop between the people of Hawaii and those confiscating areas of their ocean for their own recreational use." Friction to grow The friction between civilian and military surfers will increase when the City opens a new 30-acre camping and surfing park near the Barbers Point base boundary, the association adds. The City is now in the final negotiating stages for Ewa Beach Hau Bush Park. Access to the base boundary is now over private roads.

"If civilians view this situation as a military confiscation of a recreational area, which indeed they do, it would seem to be detrimental to the military image. Rath Two gun bills receive Fong sponsorship The time for Congress to enact the strongest possible gun control "is long, long overdue." Sen. Hiram L. Fong said today. "I have long championed such legislation ever since the first gun control bill was introduced in 1962," Fong said in a statement before the National Council for Responsible Firearms Policy in Washington.

Fong said he is cosponsor-ing a bill to control the sale and distribution of rifles and shotguns and another that would require federal regis- i tration of all firearms. "There is absolutely no doubt in my mind that these bills should be speedily enacted into law. Assaults and murders by firearms must be stopped," the senator said. Fong said the firearms control section of the crime bill passed last week falls "far short" of effective control because rifles and shotguns are exempted from some of its provisions. "America can no longer tolerate the easy access to weapons by immature juveniles, felons, drug addicts and persons with a record of emotional instability Fong said.

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MERCURY ON THE MOVE wiwmm uHcbLH all prices plus tax 1661 KALfiKHUil AVE. Yout Little Profit Dealer. UNDERWATER SAFETY These boys, 10 to 14 years old, will take a class in shallow water skin diving techniques. Denis Kirwan, the instructor, says the class is designed to help youngsters learn how to prevent shallow water blackout. The classes at the Armed Services YMCA begin Monday and will be offered from 10 a.m.

to noon for six sessions on Mondays and Wednesdays. Photo.