HomeMy WebLinkAboutCOM 0423.002 2002-2004 Mfv os M4
Harry Kim ~,c;~ •:WS~ William Takaba
Mtryor Ulrector
t•
Nancy E. Crawford
~j•. Deputy Direclar
'~l~ O%~M~ir
County of Hawaii
Finance Department
25 Aupuni Street, Room 118 • Hilo, Hawaii 96720
(808)961-8234 Fax (808)961-8248
December 9, 2003
Honorable Aaron S.Y. Chung, Chairman
Committee on Finance o
Hawaii County Council (1
~C~ rn ~
25 Aupuni Street °
Hilo, Hawaii 96720 Zn F"., .T•
Re: Shippers' Wharf Committee Trust - ~ _
T~~i 3
r
Enclosed is a packet with past court decisions, orders, and a decree relat ~4 the~Shlgpers'
Wharf Committee Trust (Trust), as requested by the Finance Committee alts meeting held
on December 2, 2003. A cover page to the packet more specifically descries its"~ontents.
Bill number 189 was submitted to the County Council to provide for the establishment of a
Shippers' Wharf Committee Trust Fund (Trust Fund). Although the Mayor of Hawaii
County is the sole trustee for this charitable trust, the creation of the Trust Fund ensures
that the accounting and reporting requirements of money in the Trust are no less than
those of other County Funds. Once created, the Trust Fund will be included in our
Comprehensive Annual Financial Report (CAFR).
If you have any questions, please do not hesitate to call me.
William Takaba
Director of Finance
APPROVED:
~_1~~
Harry Kim
G/ Mayor Comm. aNo.
Ref. To• eseefN
Enc. Rof. Date
SHIPPERS' WHARF COMMITTEE TRUST FUND (SWCTF)
List of Packet Documents:
I. Letter of Transmittal from the Attorney General's .Office to the Mayor of the County
of Hawaii and to the Director of Finance of the State Department of Budget of Finance
(July 24, 2003).
Contains:
One (1) copy of Trustee's Petition for Order Approving Resignation of Trustee, Appointing
a Successor Trustee, and for Other Related Relief; Affidavit of the Director of Finance; and
Exhibits "A" through "I".
One (1) copy of Order Setting Date, Time, and Place of Hearing of Trustee's Petition for
Order Approving Resignation of Trustee, Appointing a Successor Trustee, and for Other
Related Relief.
Note: The Exhibits and document copies are separated by "green" colored dividers.
The following documents are separated by "pink" colored dividers.
II. Decision of John M. Ross, Thomas S. Strathairn, Alexander J. Porter, Henry K. Kellner,
Everett N. Holmes and Arthur Armitage, Complainants; versus Shippers Whazf Committee,
an Eleemosynary corporation, and Joseph V. Hodgson, Attorney General of the Territory of
Hawaii, Respondents. Filed at 2:00 p.m. on January 9, 1941.
III. Decree of John M. Ross, Thomas S. Strathairn, Alexander J. Porter, Henry K. Kellner,
Everett N. Holmes and Arthur Armitage, Complainants; versus Shippers Whazf Committee,
an Eleemosynary corporation, and Joseph V. Hodgson, Attorney General of the Territory of
Hawaii, Respondents. Filed at 2:05 p.m. on Januayy 9, 1941.
IV. Amended Decision of John M. Ross, Thomas S. Strathairn, Alexander J. Porter, Henry K.
Kellner, Everett N. Holmes and Arthur Armitage, Complainants; versus Shippers Wharf
Committee, an Eleemosynary corporation, and Joseph V. Hodgson, Attorney General of the
Territory of Hawaii, Respondents. Filed at 10:09 a.m. on January 11, 1941.
V. Order Granting Trustee's Petition (Filed July 8, 2003) for Order Approving Resignation
of Trustee, Appointing a Successor Trustee, and for Other Related Relief. Filed at 3:41
p.m. on September 11, 2003.
VI. Vesting Order. Filed at 11:04 a.m. on October 3, 2003.
M1f 0[/Iq
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`j'~ DEPARTMENT OF THE ATTORNEY GENERAL
t ~ STATE OF HAWAII -Tax Division
425 Queen Street, Honolulu, Hawaii 96813 Telephone: (808) 586-1470
Fax: (808) 586-1477
LINDA LINGLE MARK J. BENNETT
GOVERNOR ATTORNEY GENERAL
RICHARD T. BISSEN, JR.
FIRST DEPUTY ATTORNEY GENERAL
LETTER OF TRANSMITTAL
July 24, 2003
TO: Mayor of the County of Hawaii
25 Aupuni Street, Room 215
Hilo, Hawaii 96720-4252
Georgina K. Kawamura
Director of Finance
Department of Budget and Finance
No. 1 Capitol District Building
250 S. Hotel Street
Honolulu, Hawaii 96813
FROM: Ferdinand Blancaflor
for Hugh R. Jones,
Deputy Attorney General
RE: In re Shippers' Wharf Committee Trust. T. No. 03-1-0010
Please find enclosed a filed copy of the following document:
COPY(IESI DOCUMENT
One (1) Trustee's Petition for Order Approving Resignation of Trustee, Appointing a
Successor Trustee, and for Other Related Relief; Affidavit of the Director of
Finance; and Exhibits "A" through "I".
One (1) Order Setting Date, Time, and Place of Hearing of Trustee's Petition for Order
Approving Resignation of Trustee, Appointing a Successor Trustee, and for Other
Related Relief.
The above document(s) is/are transmitted:
[ X ]For your information and file
r.
N°, _ _..a
Enclosures Ferdinand Blancaflor
MARK J. BENNETT #2672
Attorney General of Hawaii
_
HUGH R. JONES #9783
MARY H. Y. BAHNG #6454
Deputy Attorney General ~ ±-~r!
Department of the Attorney j'` '';T
General, State of Hawaii J~'
Hale Auhau Building
425 queen Street
Honolulu, Hawaii 96813
Telephone: (808) 586-1970
Attorneys for Petitioner
LINDA LINGLE, Governor of Hawaii
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
0 ~-l ~
In re Shippers' Wharf Committee T. N0. ~
Trust (Special Proceeding)
TRUSTEE'S PETITION FOR ORDER
APPROVING RESIGNATION OF
TRUSTEE, APPOINTING A
SUCCESSOR TRUSTEE, AND FOR
OTHER RELATED RELIEF;
AFFIDAVIT OF THE DIRECTOR OF
FINANCE; and EXHIBITS "A"
THROUGH "I"
TRUSTEE'S PETITION FOR ORDER APPROVING RESIGNATION OF TRUSTEE,
APPOINTING A SUCCESSOR TRUSTEE, AND FOR OTHER RELATED RELIEF `
J
To the HONORABLE PRESIDING JUDGE OF THE ABOVE-ENTITILED COURT: J
Linda Lingle, in her official capacity as the Governor of
the State of Hawaii, Petitioner herein, petitions this court for
an order (1) approving her resignation as current trustee of the
Hilo Shippers' Wharf Trust ("Trust"), (2) appointing a successor
trustee, (3) vesting title to the Trust properties to the
- ~ ,;rf fhi> ; a full, 'ru4 a;~e~ t4kya.;f.
ci iY;a cr' a; nr `Tie in rhis o5`Ykc-.
93995 3 1
_ dfort., Third Qisvil C~~,~, 5tnA. 04 Haweil
successor trustee, and (9) granting related relief. This
Petition is filed pursuant to Hawaii Revised Statutes ("HRS") ~
560:7-201 and ~ 554-1 and Rules 3 and 126 of the Hawaii Probate
Rules. The Petitioner respectfully shows as follows:
1. This Trust was originally created without a formal
written instrument in 1904 for the purpose of receiving and
administering voluntary contributions from importers of goods on
the Island of Hawaii to combat plague and otherwise further
public health and safety on the Island of Hawaii.
2. In 1941, pursuant to a petition by the administrators
of the Trust at that time, the court formally declared that the
Trust was a charitable trust and that those who were
administering it at that time were its trustees. Attached as
Exhibit "A" is a true and correct copy of the Amended Decision
in Ross v. Shippers Wharf Committee, Equity No. 301 (Jan. 11,
1941), in the Circuit Court of the Fourth Judicial Court, County
and Territory of Hawaii.
3. In 1991, the court also formally described the
purposes of the Trust and specifically instructed the trustees
that the corpus and the income from the Trust may be used for
the following objects and purposes "on the Island of Hawaii":
1. For all matters relative to safeguarding public
health and improving public sanitation;
2. To prevent the spread of and remove the possible
causes of epidemics and diseases dangerous to
43995 3 2
public welfare, such as bubonic plague, cholera,
diptheria, smallpox and other communicable
diseases;
3. To relieve from distress which may be occasioned
by great public disaster or destruction on a wide
scale, such as from lava flows, tidal waves and
earthquakes; and
4. To promote public safety.
Attached as Exhibit "B" is a true and correct copy of the
Amended Decree of the Court in Ross v. Shippers Wharf Committee,
Equity No. 301 (Feb. 27, 1941), in the Circuit Court of the
Fourth Judicial Court, County and Territory of Hawaii ("1941
Amended Decree").
4. The 1991 Amended Decree was amended by a court
approved stipulation of the interested parties because the
original decree failed to limit the purpose of the Trust to the
"Island of Hawaii." Attached as Exhibit "C" is a true and
correct copy of a Stipulation in Ross v. Shippers Wharf
Committee, Equity No. 301 (Feb. 26, 1991), in the Circuit Court
of the Fourth Judicial Court, County and Territory of Hawaii.
5. The Governor and the Governor's successors in interest
became the trustee of the Trust by court order in 1953.
Attached as Exhibit "D" is a true and correct copy of the Order
entered on December 22, 1953, In re Shippers' Wharf Committee,
in the Circuit Court of the Third Judicial Circuit ("1953
Order").
93995 3 3
6. The 1953 Order restates and specifically refers to the
purposes of the Trust as set forth in the 1941 Amended Decree.
See Exhibit "D."
7. Incumbent governors administered the Trust directly
from 1953 through on or about April 5, 2001.
8. On October 30, 2000, then trustee/Governor Benjamin J.
Cay~tano petitioned for instructions requesting the court to,
among other things, approve the delegation of the duty to
administer the trust and the duty to keep and control the trust
property to the Director of Finance. Governor Cayetano,
however, did not resign as trustee, did not request the court to
discharge him as trustee, and did not request the court to vest
title of the Trust properties to the Director of Finance.
Attached as Exhibit "E" is a true and correct copy of the
petition for instructions filed in re Shippers' Wharf Committee
Trust Fund, Trust No. 00-1-0021 (Oct. 30, 2000), in the Circuit
Court of the Third Circuit, State of Hawaii.
9. On April 5, 2001, the court granted Governor
Cayetano's petition for instructions. Attached hereto as
Exhibit "F" is a true and correct copy of that order filed in re
Shippers' Wharf Committee Trust Fund, Trust No. 00-1-0021 (Apr.
5, 2001), in the Circuit Court of the Third Circuit, State of
Hawaii ("2001 Order Regarding Administration of the Trust").
10. The Director of Finance has been administering the
93995 3 4
Trust since 2001.
11. The term of the Trust is perpetual.
12. As of March 31, 2003, the Trust had a cash balance of
$1,547,311 and investments in the amount of $99,653.11 (at cost)
with the market value of $915,948.39. See Aff. of the Director
of Finance.
13. Because the Trust funds may only be used for public
health purposes within the County of Hawaii, the Director of
Finance as the administrator of the Trust has suggested that the
Mayor of the County of Hawaii is in a better position to
determine the public health needs of the County of Hawaii. See
Aff. of the Director of Finance. The Petitioner concurs.
19. The Mayor of the County of Hawaii also concurs that
the County of Hawaii is in the best position to administer the
Trust because the Trust funds can only be used in the County of
Hawaii. Attached as Exhibit ~~G" is a true and correct copy of a
letter dated April 1, 2003 (without attachment), which
Petitioner received from the Honorable Harry Kim, Mayor of the
County of Hawaii.
15. The Governor's administration of this Trust could lead
to an unnecessary appearance of impropriety between the current
trustee and the Attorney General as parens patriae. The Hawaii
Supreme Court has recognized that the function of the Attorney
General, as parens patriae of charitable trusts, is to oversee
93995 3 5
the activities of the trustees to the end that the trust is
performed and maintained in accordance with the provisions of
the trust document, and to bring any abuse of deviation on the
part of the trustees to the attention of the court for
correction. Midkiff v. Kobayashi, 54 Haw. 299, 335-36 (1973).
The 1953 Order expressly recognized the Attorney General as "the
proper party to represent the Territory of Hawaii and the
public at large in their interest" in the Trust. Under Hawaii
Revised Statutes ("HRS") § 26-31, the Governor, who is the
current trustee of this Trust, appoints the Attorney General,
who acts as parens patriae of this Trust, with the advice and
consent of the senate.l Further, although Petitioner believes
proper measures are taken to prevent any actual conflict of
interest issues, the Department of the Attorney General
represents various State agencies, including the Attorney
General as parens patriae of all charitable trusts and the
Petitioner, as the Governor of the State of Hawaii and current
trustee of this Trust, respectively.
16. The resignation of the Petitioner as trustee of this
1 HRS § 26-31 provides:
§26-31. Selection and terms of single executives as heads o£
departments.
Except as otherwise provided by the Constitution of the
State or by this chapter, each principal department shall
be headed by a single executive, who shall be nominated
and bV and with the advice and consent of the senate,
appointed by the governor, for a term to expire at the end
of the term for which the governor was elected. [Emphasis
added.]
93995 3 6
Trust would eliminate even the appearance of impropriety
resulting from the Attorney General's duty to represent both the
Trustee and the beneficiaries albeit in different capacities.
17. For the foregoing reasons, Petitioner believes it is
in the best interest of the beneficiaries of this Trust for her
to resign and to have the Mayor of the County of Hawaii
appointed as the successor trustee of this Trust.
18. Therefore, subject to this Court's approval,
Petitioner resigns as the trustee of this Trust and respectfully
requests that the court appoint the Mayor of the County of
Hawaii and his successors in interest as the successor trustee.
Attached as Exhibit "H" is a true and correct copy of
Petitioner's letter of resignation.
19. Petitioner's address is the Office of the Governor,
Executive Chambers, State Capitol, 415 South Beretania Street,
Honolulu, Hawaii 96813.
20. The Mayor of the County of Hawaii's address is County
of Hawaii, 25 Aupuni Street, Room 215, Hilo, Hawaii 96720-4252.
The Petitioner will provide notice of the Petition to the Mayor
of the County of Hawaii.
21. The Director of Finance's address is Department of
Budget and Finance, No. 1 Capitol District Building, 250 S.
Hotel Street, Honolulu, Hawaii 96813. The Petitioner will
provide notice of the Petition to the Director of Finance.
93995 3 7
22. In fiscal year 2001-2002, beneficiaries, including but
not limited to the following, have received funds from the
Trust:
• Department of Health, Hawaii District Health Office;
• Na Keiki He'e Nalu 0 Hawaii; and
• Hawaii County Office of Aging.
See Aff. of the Director of Finance. However, this Trust is a
charitable trust with no specific beneficiaries identified.
Accordingly, the court has recognized that the Attorney General
of the State of Hawaii is the proper party to represent the
State of Hawaii and the public at large in their interest in the
Trust. See Exhibit D, p. 5, X12.
23. The address of the Attorney General of the State of
Hawaii is Hale Auhau, 425 Queen Street, Honolulu, Hawaii 96813.
The Petitioner will provide notice of the Petition to the
Attorney General, Mark J. Bennett, in his capacity as parens
patriae.
WHEREFORE, Petitioner prays that this Honorable court make
and enter its Order:
(1) Approving Petitioner's resignation as trustee of this
Trust;
(2) Appointing the Mayor of the County of Hawaii and his
successors in interest, or another trustee as the Court deems
appropriate, as successor trustee;
(3) Vesting legal title in and to any and all properties
93995 3 $
of the Trust to the successor trustee pursuant to HRS ~ 559-1;
(4) Transferring any and all properties of the Trust held
by Petitioner as Trustee and the Director of Finance as
administrator of the Trust to the successor trustee;
(5) Confirming that paragraph 3 of the the 2001 Order
Regarding the Administration of the Trust applies to the
successor trustee and that the charitable purposes of the Trust
remain unchanged; and
(6) Granting such other and further relief as this court
shall deem just and equitable.
THE UNDERSIGNED UNDERSTANDS THAT THIS DOCUMENT IS DEEMED TO
INCLUDE AN OATH, AFFIRMATION, OR STATEMENT TO THE EFFECT THAT
ITS REPRESENTATIONS ARE TRUE AS FAR AS THE UNDERSIGNED KNOWS OR
IS INFORMED, AND THAT PENALTIES FOR PERJURY MAY FOLLOW
DELIBERATE FALSIFICATION.
~uN s o Zoo3
DATED: Honolulu, Hawaii,
LINDA LZNGLE
GOVERNOR, STAT OF HAWAII
Trustee
Hawa-Iii Probate Rule 5(b) Certification:
I~--~-1
HUGH R. JONE,
MARY H.Y. BAH G
Deputy Attorneys General
Attorneys for Petitioner
93995 3 9
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
In re Shippers' Wharf Committee T. NO.
Trust (Special Proceeding)
AFFIDAVIT OF THE DIRECTOR OF
FINANCE
AFFIDAVIT OF THE DIRECTOR OF FINANCE
STATE OF HAWAII )
SS.
CZTY AND COUNTY OF HONOLULU )
GEORGINA K. KAWAMURA, being first duly sworn, on oath,
deposes and says:
1. She is the Director of Finance of the State of Hawaii,
the administrator of the Shippers' Wharf Committee Trust
("Trust").
2. The Director of Finance has been the administrator of
this Trust since April 5, 2001 pursuant to a court order.
Attached hereto as Exhibit "F" is a true and correct copy of
that court order.
3. As the current administrator of this Trust, she
believes that the County of Hawaii would be in a better position
to administer the Trust because, by the terms of the Trust, the
Trust funds may only be used for public health purposes within
the County of Hawaii.
93995 3 10
9. As the current administrator of this Trust, she
believes it is in the best interest of the beneficiaries that
the court approves the resignation of the Governor of the State
of Hawaii as current trustee, appoints the Mayor of the County
of Hawaii and his successors in interest as the successor
trustee, and transfers and vests title to the Trust properties
to the successor trustee. Thus, the Director of Finance
supports the Trustee's Petition For Order Approving Resignation
of Trustee, Appointing a Successor Trustee, and for Other
Related Relief.
5. This Trust may be unusual because there is a trustee
with vested interest in the Trust property and an administrator
to whom the duty to administer the trust and the duty to keep
and control the trust property was "delegated" to the Director
of Finance. In the event the court deems it necessary, the
Director of Finance hereby resigns as the administrator of the
Trust subject to the court's approval.
6. In fiscal year 2001-2002, beneficiaries of the Trust
included the following:
• Department of Health, Hawaii District Health
Office;
• Na Keiki He'e Nalu 0 Hawaii; and
• Hawaii County Office of Aging.
93995_3 1 1
7. Attached hereto as Exhibit `~I" are true and correct
copies of cash balance and investment summaries of the Shippers
Wharf Trust Fund as of March 31, 2003.
Further affiant sayeth naught.
GEOR A K: KAWAMURA
Director of Finance
Administrator of the
Hilo Shippers' Wharf Trust
Subscribed and sworn to before me
this 5t days of ~UUE 2003.
L•5• ~ ,
W,cyicU~u 'E'EtYcw
Notary Public ~=13pEEHIIW
State of Hawaii
My commission expires: Fj'Z~' D4~
93995 3 12
IN THF. CIRCUIT COIT?"T OF THE FOURTH JUDICIAL CZ?Ci:IT
TERRITORY OF HA'.YAII
AT ClU,.::3~5 Ii. rCUITY"
JO}QJ Id. ROSS, THOI+U,S 5. STRATHAIRPi, )
ALT"~A1vJ"R J. PORTF.-, c~;iJRf Y.. Y.ELLNER, )
FIERETT Iv. HOLMES end e?THUR ARI:ITAG~, )
Complainants, )
9~. )
SHIPPERS A'I"iARF CON:AITTEF., an Eleemosynary)
corporation, and JOSE:~H 1%. HOI);,501+, 1 TGUIi^-' ?Ol
Attorney General of the Terrltor;r of Tar. 11, 1941
Hnwsii, ~
P.es~onde.^.ts.
' BEFORE l~OIiORABLE J . FRANK .McLAUGrij.l::,
Judge, Fourth Llrcvit Covrt.
^A1AEiQDD DECISION"
From the evidence submitted in this case, I e_~n
satisfied that there originAtad in 1904, a committee knowr.
as the Shippers iYrsrf Committee, sni that it was the
purpose of this cormolttee to receive voluntary contributions
from Iwportars of goods at the port of Hilo, and that from
sold funds, the cor.=eittPn wou13 use *.ha sam= for the aurnoses
I of ouhlic health ecv~ public safrty, and from thst pest to thls-
th^.t volunta:,~ contribution has been made by the Irroort°rs oP
fralaht at this Dort end ;hat Bald co5sit*_ea has continued to
function ir. accordance with that orizin~l concept as its guide
I am further sr.ti_=fled that onoe the collecte3 funs c
to rest in n snvinys account mcintaired by the commiCtee, that
'ho^e fume wer° then an9 th^re 1-preesr.d r•ith a trust for the
bene!SL of the public to be used in accordance ••~th tho decler
nv rcr.eF cf sold tru^t, nr,maly, public health an'. safety.
-1- EXHIBIT A
I am ,a:'_<fi~~t th=: at this moment e sizeable amount
of mon^? ~*iete ir. this trvrt en.i that 1~. should be used ir.
tha future an ue^d orl~;,es it has been in the peat, for
I ;,ublic h^alth sad saf=ty.
I em further aatiefled that this tryst is in the
neturP of ~ public or charitable trust 1? '~•hich the Attorr,Py
General has e very definite interest.
I am further satisfied from thA Avid..<_nce that es to
all of the xorey :vhlcb hPS come into LhA hands of the committee,
that it h~a satisfactorily eccourted for th= sar.~e. ::ot sll of
tY,e coney, .+hich have cam° into the h=ads of the corx~i*.tee, as
I have Sndicat~d, are, in my opirlon, trust Toney, bv: onl:~
SUCK marl a:: A.° frOt: t!;eSe ColleCtlOnS h99e fOVP_~i thni ;qa ~nt~
the savin;s e.ccou:t of the committee.
Accordiraly, Z declare. the funds to be trust funds end
the members of thin ~hip;+ers ~V'h^rf Co^~ittee to be trustees
thereof for the puraoaes of public health And safety.
Accordinsl~, in conformity w.itb those conclusions, I
~~ill elan e decision ir, accordance thPre:vith and if the aertles
car. Ac;ree unor. ir.atructiona, •n•hich they, es is reaveated in the
petition, wiah '.h~ court to give to tha tr.:stees, Z w-111 be alnd
to .took over any recurs+,ed instructions and, f urther, they may
su~~,it a form of decree ir.sccordance Lheresith. You h_°ve
eubmltt.d to me a form of decision. I •aill ae:use the dame.
(after pe-usinc the decision a,iven t•; court b;; counsel)
"hst 1.° Sn accord with c,y ;.ersrel corclu.^So? is ::pis ~.tter.
J. F~AIZ{ kcL4L~ I:,
v UDC e, Fourth Circvlt Covr•t.
Equity No. 301
IN THE CIRCUIT COURT OF T•riE FOURT'd JUDICIAL CIRCUIT
TEr.RITORY OF HAWAII
AT CHA1lBE°S IN EQUITY
JOHN M. ROSS, THOMA9 S. STRATHAIRN, )
ALEXANDER J. PORTER, HENRY K. RELLNER )
EVERETT N. N.OLMES AND ARTHUR ARMITAGE, )
Complelnante, )
ve. )
SHIPPERS WHARF COMMITTi;E, an Eleemosynary )
corporation, and JOSEPH V. HODGSON, )
Attorney General of the Territory of )
Ha"eil, )
Aespendents. )
)
AMENDED DECREE
j~li cd at_!!__-o'clo~ ~M
FOilATR C ~~IT~,C~O~UR~T_~~p
?Sbraii~EenT'-c--
EXHIBIT~_
c....~... ::c 301
.,y,.~.,
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
TERRITORY OF HAWAII
AT CHAMBERS IN EQUITY
JOHN M. ROSS, THODiAS 9. 9TRATHAIRN, )
ALEXANDER J. PORTER, HENRY K. KELLNER,
EVERETT N. HOLMES AND ARTHUR ARMITAGE,
Compleinante,
ve.
SHIPPERS WHARF COMEITTEE, an Eleemosynary
corporation, and JOSEPH V. HODGSON,
Attorney General of the Territory of
Hawaii,
P.ospondants.
AMENDED DECREE
I Pursuant to tae decision heretofore rendered in
F C
the above entitled cause, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED that~the above named trine.tees be and theyy, are hereby
ii.a Li4~itGd y}I6Y the CGiyilo snd she in C. otYG llom 1.L0 Lruat
described Sn said decision may be used for the following
ob~ecte and purposes on the Island of Hawaii, and within the
discretion of the trustees:
1. For sll matters relative to safeguarding
public health and improving public eenitatlon;
2. To prevent the spread of and remove the
possible causes of epidemics sad diseases dangerous to
public welfare, such ae bubonic plague, cholera,
diptherie, small poz and other communicable diseases;
3. To relieve from distress which may be occasioned
b7 great public disaster or deat:vctioa or. a wide
scal_, ouch ae from lava flows, tiaal waves and
oarthquakea;
4. To promote public eafetq.
IT I9 FURTt~'R 0_R~?'?~D that the tr~eteea ps}-
Robert Molr, the Meater appointed herein,. the sum of $600.00
for hie aervlcea ae such Haeter.,-:L ~ ~ .
f ~
~~L~~~
Judge of said Court /
t
-
'mil
/ . -
~ti ;
1 ` - =
_ 2 r
r-~ ~~'iP
ii, CZ=C~tT CClii;T 0? 11^;:~ =GLiT;; ,~~ZCZ~i. C=SC'vZ=
AT Ci'Ab~53S I7. ~~i,TY
J0:1; 30SS, ?iiOfAP, S. STRAT?"sAI?:;, )
AI.;:A1 J. POR^1E1;, ?-.'E2TtY "r i.
=ji.L;.'L',, )
cVb'RE.T 1;. I:OLa.~'S and A.zTr.Ti.R•P~iLZTAGE, )
}
Complainants, )
-vs- )
S:iIPP=RS i~1J,RF' CO;C.:ITTEE, an c.lee:.,osynary ) E~~IT:' .-~C1
„orp.c,ation, anti JOSE`rH V. Y.OiGS02i, At- J~uar;: 11,1941
torney General of the Territory o: Fwwali, ;
i
Respondents. i
S T Z P LT L A T I 0 li
','J:~E;S, a decree vas filed herein on Jan-.:sry 9,
1941, instructin6 the above nerved comglaln°_^.ts to the ob-
sects and purposes for r;hich thoy ~:ay use the corpus s:.d the
incoae fro:: the trust described in the decision :sled here-
Sa on tiic s e-e date ; and
S'.^ir.REAS, neither the decision nor the decree
pinto m y Eoo6= aphical lima Cation upon the use b_ tY.P tr::s-
tees of sold trust funds ir. carryi:~; cut t*e cbJects and
purposes se~ forth in said decree; and
7i
~?,.?AS` th? p_^t, _s to ;,.a; stipulaiic^ a~_,e=
that the evidence adduced at the i~arin:- s::oas '..`:et t?~e
EXHIBIT
uae of snid funds should be limited to ob jects and p tu^poses
on fire Islnnd of tiati;ali, and that said decree sho;ad be
amended nccordln6lc, but without restricting the trustees
in e-excising their business jud~nent as to the piece or
plnccs where purchases and other disburse-ents should be
r.,acia in order to efficiently and economically carry out
the objects and purposes of the trust on the Island of Ha-
r:a11, now, therefore,
IT IS ICRF,3Y STIPiTLATED AIiD AGREED by and between
the above named complainants,by Carlsmith E: Carlsmit:l, their
attorneys, and Joseph V. Hodgson, Attorney General o~ the
Territory of Iintiraii, a respondent, by George P. .''',S^bd 1,
Speclsl Dcpvty Attorney General, Shippers' Ii7iarf Co mittee,
an eleemosynary corporation, a respondent, by ~i. Seers,
EsC., its attorney, ns follows:
i
That the decree filed herein on Jenuar 4, 1°41,
.:n ;r be ar.,ended to reed as fellers:
"AT~iTilED DECRi:Z•'
"?ursuant to fire decisicn heretofore ren-
dered Sn the nbove entitled cause, IT IS .~'?E3Y
CRL'.~"itlill, :.DJ'JL3ED AIiD DEC?,3ED that the shore
na-:ed trustees be and t::ey are hereby Instruct-
ed thet the corpus and the Income !'rem the trust
-2-
descri'ocd in said decision r..ay be ued : or t';e
fellovrin.~ objects and purposes on the Island of
rflr;aii, and within the discretion o; the trus-
tees:
"1. ror ell matters relative to safe~uard-
ink public health and i~~proving public sanita-
lion;
"2. To prevent the spread of and remove the
possible causes of epidemics and diseases dan6er-
ous to public weli'ere, such as bubonic pls~ue,
cholorn, diphtheria, small poz and other cor-
.^unicabie diseases;
"3. To relieve from distress ::~.ich may be
occasioned by Ereat public disaster or deslruc-
lion on a wide scale, such as fro^~ lava flows,
tidal wnves end earthquakes;
"4. To promote public safety.
"IT ZS rLi3i:~A OAD~.iED that the trustees pay
:;ooert :.'.oir, the 1Gaster sppointed herein, the sw:t
o: wo00.00 for his ser-rices as such l.~ster.
TudSe o_* said Cou:^t
lI
':'?:et t:^.1s a.:cad.:.e^.t shah not be considered ns
restricting the trustees in <_zercisinr, their business jud;_-
-5-
Rem
Went ns ,he plnce or places n`-iore In ases ana other
dlnbur se-ents sl-:cuiu be r.~de in order to efficiently aad
econoaicall. cerrp out tY.e objects end purposes of the
trust on the Island of F.ec~a11.
_ c~
DA^"J at honolulu, T, 'n., this J ~ day of
t
i
JO?IId 30SS, T30h;AS S. S?RA'^;A1R'r:,
ALSXeIiD?:R J.rORTcR, r._:.:;nt K. ?~LL`i~P,,
EVi~?,ETT ii. GL?^S and A.?Tf:uZ AR;~:ITnGE,
Complainants,
By CARISi::IT3 & CARIS'.'.ZT , their
Attorneys,
JOScPr3 V. AODGSOti, Attorney Generel
of the T/erritory of 3avisii, Respondent,
S~ecia Dcput Atto hey G
n~al
SiIIPPLr"3S' iir:AR.F CO1+%LZTTEE, an eleemosy-
nary corporation, respondent,
Its Attorney
The foreEoinC Stlpulatlon is
APPROVED, and the Decree herein
shall be mended as hereinabove
sot) forrth://
J i ~ ~
JNdfe of tho a ova e~ ed ours'
- oZ ~ - ~ /
- 4-
IN THE CIRCUIT COURT' OB THE THIRD JUDICIAL CIRCUIT
'1'E1tRI'1'ORY OF HA1lAII
AT CHA611~i;R5 I11 EQUI'PY
i•
ZN RE SHIPPERS' WHARF COI~:PIITTEE,
a Dissolved Corporation
. ,y .
ERNEST C. MOORII, JR., Trustee in
Dissolution of Shippers' 1•fiarf
Conerittee, a. Dissolved Corpora- ' ~ -
tion, and ALEXAIIDER J. POR4`ER,
A. T. SPALDIi16, '1'HOb1AS S, '
S'iRA':HAIRH, Q. S. SILVER, N. I. .
IJI17A, and E. N. HOLb1ES, M~mUers
L of Shippers' l:Rrarf Cor..mittee, a
Discolved Corporation,
Petitioners.
O R D ~ R '
CARLSRfITH CARLSIcITH
Hilo, Haorail
ACL-orneys for L•rnest C. P'aore, Jr.,
Trustee in Dissolution of Shippers'
1•.4iarf Cocnittee, a Dicsolved Corpora-
tion, and Alexander J, Porter, et el.,
PetitSoners.
EXFIIBIT_~,+_.
'
-
I17 7116 CIRCUIT COURT OF 'i'1fE THIRD JUDICIAL CIRCUIT
7nIUiI'iORY OP NAI:AII
AT CIiAk;GSRS IN LtUI': Y
IN R7; S1IIPPCHS' WSARF COf<A1I'1'TfiE,
a Dissolved Corporation
' ERt1ES, C. F100RE, JR., Trustee in
Aieoolution of Shippers' Wharf
Committee, a Dissolved Corpora-
t1on, and ALEXAl1PER J. PORTER,
A, T. SPALDIIIC, 1i0t~tAS S.
5'rRA71fAIRN, G. S. SILVER, H. I.
NI'rTA, and E. 1J, HOLtiES, tlembera
of Shippers' I:'harf Co::mtittee, a
Dissolved Corporation,
Petitioners.
ort D_r:3
'this Cause came on r~Eularly to b~ P~ecrd on the 2£nd
day of Dsce:,~ber, 1y53, ,before the above-etit.itled Court and
evidence hiving been intraduced on behalf of tho said Peti-
tioners at said hearing of this Cause, and said Cause having
been submitted to the Court for it's consideration and decision, .
the Court finds:
1. `that the L-kippers' 1.1;arf Co ~saiL't:ea i;as or~,ani.zed as
an unincorporated association in Hilo, County and territory
of Y:at,aii, in the year ly0b, fur the purpose of receiving
and adminiaterln~ veluntaiy contributions from importers oP
goods on the Island of liaxaii to combat plalzie and othert:ioe
further }:ut~lic health and safety on said Island/
2. :!hst the ,kippers' l:h2rf Committee continued to
funeti.on until 1y53 and during this period accu~culated an
-1-
unspent fund Derived Eton said voluntary contributions;
3. 7i~at in the year 19ti1, by Amended Decree of the
' Court, in >;qul.ty 1Jo. 301, filed FeUruary 27, 19111, in the
Circuit Court of t•he Fourth Judicial Circuit, County and Terri-
- Cory of 7}arraii, said funds ti;etc declared to be trust funds,
the members of the Committee trustees thereof, and the purposes
and obJecta of the trust declared to be public health and
safety upon the Island of }}anali, the said purposes ant ob-.
Jests belnCr more parL-icularly described as followst
a. rot all r.~atters relat-1ve to safepyuardinr,
' public health and improving public sanitation;
b. 'io prevent the spread of and ren~evo the
poc~ible causes of c?Sdemics and diseases dan~crous
to public ~;elfare, such as bubonic plaru:, cholera,
diptheria, G^S1lL'J: and other convunicable d~sezcea;
c. 'f0 relieve from dlstx~cco r'i~ich may be
occasioned by great public disaster or destruction
on a r;id¢ scale, such ea fram lava flows, tidal
i+avca and earthquakes; and
d. 7o promote publle safety.
4. ;hat the 3hlopers~ i;Larf Co:vnittee, an eleei:~osynary
corporation, ~:us duly Jncorporated pursuant- to Cha?ter ?_21,
Revised Laws of Ha1•,ail 1935, said corporation subsequently
becoming the duly qualified, ac tir.~ successor in trust of
t-he :,aid trust fwids above mentioned;
5. what said voluntary contributions made to the
:'hivp,rs' l;harf Co:~~~~ittccr cr.:a^cd nn i";itch ]ci`•j Ihrrcl~;?
deJ~rivin~ the Coa~nltL-ee of its prlncip3l source of revenue;
-2-
G. 'T'hat the ~h3.ppera' h.7~nrf Committ:ea continued to
administer the reiraln n6 fund.; until April 211, 1853 at which
time said eleemosyn¢ry corporation lass legally dissolved
pursuant to Chapter 155, Revised Lawa of liaccaii 19u5, and
1:r;lest C. Abore, Jr. rras thereupon appointed `irustee in
Dissolution. °aid Ernest C. F~oore, Jr., as '~ruatee Sn Lis-
solutlon of said corporation, was directed, in Accordance
with rho terms of that certain Agreement dated April G, 19j3,
by and bet:acen Shippers' Y7}rarf Committee and Ernest C. !•soore,
Jr. to distribute the asseL-a of the corporation remalninC
In his hando after paying the debts and necessary e~;penses
of the corporation, solely to and arnonG the purposes and
objects for t,hicll tl:e corporation eras formed;
7. :hat Tsnest C. ;•}oore, Jr., in fulfillment of his
dudes as ;ructee in Dissolution, }gas caused notice to cred3.-
tors to be duly published as required by lavr, has paid 211
)movm creditors of said corporation following exilration of
the period for creditors to file claims, has paid all oth^r
necessary expenses in dissolut3.on, and is prepared to file his
final acco>anting with the iY~easurer of the Territory of }fa::aii
as required by lair Sn cases of dissolution of corporations;
'i7:at after payment of all such cl.air^s and er_pen~c^, Lire
asnet.s rcmainin~ in the possession of %::~est C. }:yore, Jr.,
as Tru::tce in T1srolution, consist of the follor:in;;:
Cash 104,£%G1.4g
Hilo l;lectrlc Light Co., Ltd. Lands:
50 Series P., tQ,000,00, 3; - f:1521~t•o }11570, .1nc}!:ni~~e
5 Series H, 1,000.00, 3r - 1:1576 to Pa550, inclusive
}t" 12 Series B, ]1,000.00. 3N - Z/1464 to I•i1475, inclusive
`.-,3 2 Series B 1 000,00 inclusive
32 - rag26 to ru9z7,
:H•?;,
-3-
g, That Erncet C. GIDorc, Jr., in fulfillrent of the
undertaking pursuant to ghat certain Agreement dated April 6,
1g53 with the Shippers! lfiarf Committee, and in furtherance
of the purpoaec and objects of the i'ruot as set forth in the
Amended Decree of tha Court Sn Equity Na. 301, filed rebruary
2T, 19~~1, 1n the Circuit Court of the Fourth Judicial Circuit,
County and Territory of }]awaii, is now prepared L-o transfer,
wiL-h the approval of this Court, all of oald remaining assets
as itemizsd above, to the Territory of Hawaii, to be adrainis-
tcred by Samuel ililder King,. Governor of the Territory of
+
liavrali, and his successors in office, erhet-her as Governor
of the Territory of ]lawaii or as Governor of L-he Mate of
IGzwail, in such manner as within his and his successors'
diocretion he and his successors shall deem beet vrithin the
purposes and objacta of public health and safety on tfte Iola..^.d
of 1?ati:ail as are set out 1n L•he /+m^nded Decree tiled ~•cbruary
27, lg;l, in l;quity 170. 301, in Lhe Circuit Court- of tl~e
Fourth Judicial Circuit, County and Territory of Ilavrali,
snid purposes and objects be1n~ thone more particularly
der-cribed ]n paragraph 3 of this Orner,
10. That PeL-Stionnrs, Alexander S, Porter, A. T.
Spalding, ~nomas S. Strathalrn, G. v. Salver, H. I. l:itta,
and E. N. llolr.;es, bein,^~ sll of the members of acid Shippers'
I~'harf Coruaittee, a dJ.saolved corporation, and etch of them,
concur in Lhe proposed transfer as herein set forth, and, in
connection with said.tranafer, naive any and all right and
interest vifh rc°l~~et to or in raid scants and r1rr,]re t:o Ue
released from any and all responsibility with respeot thereto;
-'1'
11. That Samuel FJilder Kin„ Governor of the Terri-
tory of Iiarraii, is, in hie capacity as chief executive, the
' proper party to receive the reinaining asaets hereinabove vet
forth in paragraph L on behalf of the :err•itory oi' }iatraii and
thereafter to adminicter diem 1n accordance rrlth the obJecta
and purposes of said Ar•:ended >;ecrce filed February 27, iy!:1;
12. ';}:aL- the littorney General of the Territory of
Y,ar.aii is the pror;er party in this proccedlhN Co repreacnt
tha Serrltory of Parraii and t-he public at lame ]n their
' interest in the a:~sets above set forth ]n accordance vrith
the obJectc of the said treat ~a set forth herein;
NUIJ, 'i'1iF.:R:Si•UJ'il, St ].s ORDi:3IiD, kliJliDGED and DT,CR):ED
as follows:
1. 'Ihat Erncat C. Floore, Jr. is hereby authorized and
directed Lo tranci'er and deliver all of the assetc Tema?n1n;
upon diaaolution of the ^fsipp~rs' 6T,arf CoreritL-ee, a rl]r,;olved
corporation, to the territory of I~r;aii, to be received by
acid Samuel ldilder Jiin~, Governor of the 'territory of flar:•aii,
on behalf of L-he Territory of }Iav:aii; and Samuel t?alder Y.in„
Governor of the 'territory of Ilarraii, is hereby authorized and
directed to receive the said ascets on behalf of the Territory
of I1ar:311 from said r..^nest v. i•;oore, Jr., and thereafter ad^~in-
]ster said assets on behalf of the Tc-rritory of }L•rrrai] ].n
accordance r~ith the purposes and obJccts of public health
and safety upon tlrc Ialand of )lar:~11, the oaid ouiq>oses and
ob~ecto being r~~ora prtleularly ueacribed as follovrar
(a) Tor all raai.ters relat-lve f.o cafeLuardln,
public health and improving public sanitation;
(b) To prevent the spread of and renove the
poec]ble causes oi' epide:i:lcs and dlseacea danEcrous
-5-
to public welfare, such as bubonic pla~tre, cholera,
dlptheria, su~allpor, and other communicable dloeasea;
(a) 7'o relievo from distross orhieh may be
occasioned by great publlc dlsaater or destruotion
on a wide scale, ouch as from lava i'louc, tidal
graves and earthquakos;. and
(d) "io promote publlc safety.
2. 'that i~neat C. Fiore, Jr. le hereby released and
diecharged from all reapone:ibillty in connection with tJre said
assets upon effeettrating the transfer of the said assets to
~ ::anmel Milder King, acting for and on behalf of the Territory
of }hwaii, the delivery to said lsnest C. Fiore, Jr. oT full
receipts for ouch ascet:s from caid :cruel t:i.lder K:in; acting
i'or and on behalf of the ;errltory of 1!awaii and the filing
oT caid receipts in this court and cause.
3. ?hat PeL-itloners, Alexander J. Porter, A. 7.
° Si.aldln~, 7ho:nas S. Stratharn, d. 3. Silver, H. I. Plitta
and fl. 1:olmes, upon complet;.on oT t:he said transfer,.
aLove autlior].zed and d_'rected, of the caid escets to Sar.~ucl
I!llder ;Cing, are released and discharged from any and all
further recponsi.bliity vri.th respect thereto;
DATID at Ifilo, Territory of Hawaii, t_h1a Z-
day oT _ +~c~-- 195,
Judge of i,a1d•::ourt
1
-L-
- ,
f- ~ J
EARL I. ANZAI 2909
Attorney General of Hawaii . „ ,
HEIDI M. RIAN 3973
DANA OSHIRO VIOLA 6095
Deputy'Attorney General 8.~~c'~,~,f,LERli
TY,I 0 CI~COIT COU°L
Department of the Attorney Si~,<%i;Fi.','r!:I
General, State of Hawaii
Kekuanao'a Building, Room 200 'r -
465 South King Street li~~-_. I
Honolulu, Hawaii 96813
Telephone: 587-3050 ~ ; _~UO Ji
I ,
Attorneys for Petitioner
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
In re Shippers' Wharf ) TRUST N0. oD ~ " ~ 0 2 1
Committee Trust Fund )
PETITION OF THE TRUSTEE FOR
INSTRUCTIONS; EXHIBITS "A -
C"; CERTIFICATE OF SERVICE;
NOTICE OF HEARING ON PETITION
OF THE TRUSTEE FOR
INSTRUCTIONS; CERTIFICATE OF
SERVICE
1
Date: NOV 3 0 2000
Time: "3o u•w
Judge: envy F/ nerl~~/U~~
PETITION OF THE TRUSTEE FOR INSTRUCTION
TO THE HONORABLE PRESIDING JUDGE OF THE ABOVE-ENTITLED COURT:
Benjamin J. Cayetano, GoveYnor, Petitioner herein,
respectfully shows as follows:
1. Petitioner is the successor and presently acting
Trustee of the Hilo Shippers' Wharf Trust ("Trust"), established
by the December 22, 1953, Order of the Circuit Court of the Third
I hsroby <eriify that this is a full, true and ~d
EXHIBIT____~___ ~eVi ^f tti~ ori~.inol on file in this office.
~i~.~ rv._.,. gore n1 Mawil
Judicial Circuit ("Order"1- A true and correct copy of the Order
is attached hereto as Exhibit "A."
2. Petitioner's address is Office of the Governor, State
Capitol, 915 South Beretania Street, Honolulu, Hawaii 96813.
3. The term of the Trust is perpetual.
9. Under the terms of the Trust, the overall purpose is to
promote public health and safety on the Island of Hawaii, more
particularly described as follows:
(al Eor all matters relative to safeguarding public health
and improving public sanitation;
(b) To prevent the spread of and remove the possible causes
of epidemics and diseases dangerous to the public
welfare, such a bubonic plague, cholera, diphtheria,
smallpox and other communicable diseases;
(c) To relieve from distress which may be occasioned by
great public disaster or destruction on a wide scale,
such as from lava flows, tidal waves, and earthquakes;
and
(d) To promote public safety.
Order at pp. 5-6.
5. The Trust is a charitable trust; there are no current
identifiable beneficiaries; there are no contingent or remainder
beneficiaries; and there are no other known persons interested in
the Trust except the Attorney General, acting as parens patriae,
who will be given due notice of this Petition, and the~District
Health Office, as described below.
6. The assets of the Trust include personal and other
properties having an estimated value exceeding $2.5 million.
2
7. This Petition is submitted pursuant to Hawaii Revised
Statutes § 560:7-201(a), and Rule 126 of the Hawaii Probate
Rules.
8. Petitioner has been administering the Trust since its
inception in 1953. On a yearly basis the District Health Office,
a branch of the State of Hawaii, Department of Health, on the
Island of Hawaii ("DHO") submits to the Director of Health for
the State of Hawaii requests for funding of specific items for
health purposes on the Island of Hawaii. Exhibit "B," attached
hereto, contains sample requests for fiscal year 1999-2000.
9. The Department of Health has established guidelines for
requesting distributions from the Trust. These guidelines
include a committee that plans for and reviews DHO program
proposals for disbursements from the Trust. Exhibit "C."
10. The DHO has been the only entity requesting funds from
the Trust for at least the past 9 years.
11. Petitioner's office currently reviews the requests and
approves appropriate funding requests which are then paid out of
the trust funds by the Department of Budget and Finance.
12. The Department of Budget and Finance maintains the
investment portfolio for the Trust.
13. Pursuant to Hawaii Revised Statutes ~ 26-8(b)(3), the
Department of Budget and Finance "shall have custody of state
funds and be responsible for the safekeeping, management,
3
investment, and disbursement thereof[.]"
19. Based upon the aforementioned facts, Petitioner
believes that it would be in the best interest of the Trust for
Petitioner to delegate the duty to administer the Trust and the
duty to keep and control the trust property to the Director of
Finance, the single executive heading the Department of Budget
and Finance.
15. Petitioner now requests instructions of the Court in
the premises.
WHEREFORE, Petitioner prays as follows:
1. That this Honorable Court make and enter its Order
fixing a date and time for hearing of this Petition.
2. That the Attorney General of the State of Hawaii be
made a party to these proceedings and that process issue herein
citing and summoning the Attorney General to appear and make
answer to this petition, answer under oath being expressly
waived;
3. That this Honorable Court make and enter its Order,
Judgment and Decree:
(a) Authorizing and instructing Petitioner with
respect to the proposed delegation of the duty to administer the
trust and the duty to keep and control the trust property to the
Director of Finance;
(b) Approving the delegation of the duty to administer
4
the trust and the duty to keep and control the trust property to
the Director of Finance;
(c) Authorizing and instructing the Director of
Finance to give notice to potential beneficiaries of the
solicitation of requests for Trust disbursements;
(d) Authorizing and instructing the Director of
Finance to designate a committee, not limited to only DHO or
Department of Health membership, to review all proposals for
disbursements from the Trust.
(e) Authorizing and instructing the Director of
Finance to file with the Attorney General an annual accounting,
showing in detail all receipts and disbursements, together with a
full and detailed inventory of all Trust property under the
Director's possession or control, and a listing of all requests
for disbursements from the Trust, regardless of whether such
requests were granted-
5
9. That this Honorable Court grant such other and further
relief as to it shall seem just and equitable in the Premises.
THE UNDERSIGNED UNDERSTANDS THAT THIS DOCUMENT, WHICH WILL
BE FILED IN THE A80VE-ENTITLED COURT IS DEEMED TO INCLUDE AN
OATH, AFFIRMATION, OR STATEMENT TO THE EFFECT THAT ITS
REPRESENTATIONS ARE TRUE AS FAR AS THE UNDERSIGNED KNOWS OR IS
INFORMED, AND THAT PENALTIES FOR PERJURY MAY FOLLOW DELIBERATE
FALSIFICATION.
DATED: Honolulu, Hawaii, ~7 O~u~!
BENJA J. CAYETANO
GOVERNOR, STATE OF HAWAII
Trustee
Hawaii Probate Rule SIbJ Certification:
Heidi M. Rian
Dana Oshiro Viola
Deputy Attorneys General
Attorneys for Petitioner
6
~U
EARL I. ANZAI 2904
Attorney General of Hawaii ,-,t
HEIDI M. RIAN 3973 ~ r'J 4• ~
DANA VIOLA 6095
Deputy Attorney General ';1G°~E c
Department of the Attorney ~~"^U!T
p(,i~T
General, State of Hawai i
Kekuanao'a Building, Room 200
465 South King Street _
Honolulu, Hawaii 96813 ~
Telephone: (808) 587-3050
Facsimile: (808) 587-3077
t a i A~~ f 0
Attorneys for Defendant
State of Hawaii i -
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT -J
STATE OF HAWAII
In re Shippers' Wharf ) TRUST NO. 00-1-0021
Committee Trust Fund )
ORDER
ORDER
The Petition of the Trustee for Instructions filed on
October 30, 2000 ("Petition") came to hearing on November 30,
2000, Deputy Attorney General Dana Oshiro Viola appearing on
behalf of Petitioner Governor Benjamin J. Cayetano, Deputy
Attorney General Christopher J. Muzzi appearing on behalf of the
Attorney General, acting as patens patriae.
The Petition is hereby granted and so ordered.
The Court further authorizes and instructs the Director of
Finance, as administrator of the trust, as follows:
1 hareby cnrrity that thin i~ s full, - ~ -_-+er
! -ACS ..f >hn n/i~h,al cn iilo In tr,~-
1. The Director of Finance shall give notice to potential
beneficiaries of the solicitation of requests for Trust
disbursements;
2. The Director of Finance shall designate a committee,
not limited to only District Health Office (a branch of the State
of Hawaii, Department of Health, on the Island of Hawaii) or
Department of Health membership, to review all proposals for
disbursements from the Trust.
3. The Director of Finance shall file with the Attorney
General an annual accounting, showing in detail all receipts and
disbursements, together with a full and detailed inventory of all
Trust property under the Director's possession or control, and a
listing of all requests for disbursements from the Trust,
regardless of whether such requests were granted.
DATED: Hilo, Hawaii, APR - 5 cG01
JUDGE OF THE ABOVE-ENTITLED COURT
APPROVED AS TO FORM:
`
KURT KAWAFUCHI
CHRISTOPHER J. MUZZI
Deputy Attorneys General
2
' ~MSV a
Harry Kim ~ Dixie Kaetsu
Manor . ~ ' • Mgnagmg Dircaor
Pete Hendricks
COUNTY OF HAWAII ~P~4'Mmoging Direcr
ZS Aupuni Stree4 Room 215 Hilo, Hawaii %7204252 (808) %1.8211 Fu (808) %1fi353
KONA: 75-5706 Kuakini Highway, Suiu: 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fu (808) 326-5663
April 1, 2003
Honorable Linda Lingle
Govemor, State of Hawaii
Hawaii State Capitol
Honolulu, HI 96813
Dear Governor Lingle:
Re: Hilo Shippers' Wharf Trust
I recently received the enclosed letter dated March 20 from Georgina Kawamura.
As you will see, Ms. Kawamura suggests that the County of Hawaii would be in
the best position to administer the Hilo Shippers' Wharf Trust, established in
1941, because the trust funds can only be used for the County of Hawaii. I
concur in this assessment, and therefore ask for your assistance in making such
a transfer possible. It is my understanding, based on the letter, that the Office of
the Attorney General would need to petition the Third Circuit Court to transfer the
trust to Hawaii County.
Your assistance in this matter would be greatly appreciated. If I can provide any
additional information, please let me know.
Alo ,
Harry
Kid 03-07773
MAYOR
Attachment
EXHIBIT_~,_
r1t O' R~ti
4 \Y!p
0 ~t E
6p 111
EXECUTIVE CHAMBERS
HONOLULU
LINpA LINGLE
GOVERNOR
June 16, 2003
TO WHOM IT MAY CONCERN:
I, LINDA LINGLE, in my capacity as the Governor of the State of Hawaii,
subject to court approval, hereby resign as trustee of the Shippers' Wharf Committee Trust.
Sincerely,
LINDA LING GLE
EXHIBIT
50399_LDOC
SHIPPERS WHARF TRUST FUND
CASH BALANCE
FISCAL YEAR 2002-2003
Balance, 07/01/02 1,578,998.46
Revenues:
Verizon 22,288.05
HEI-Preferred 560.00
HEI-Common 6,688.56
Interest-Investment Pool 36,065.83 65,602.44
Expenses:
BPM015 -West Hawaii Today 125.46
BPM016 -Hawaii Tribune Herald 189.28
JT0102 -Dept. of Health 55,930.00
SHW001 - HI County Office of Aging 17,500.00
SHW001 - Na Keiki He'E Nalu O Hawaii 5,740.00
SHW002 - HI County Office of Aging 17,500.00
SHW003 -Panda Travel 304.50 97,289.24
Balance, 03/31/03 1,547,311.66
EXHIBIT 1
Shippers Wharf Committee Fund
Statement of Cash and Investments in State Treasury
As of March 31, 2003
Cash in State Treasury (T-03-901-0) $ 1,547,311.66
Investments (at cost):
Verizon Communications ,Common, $ 45,034.17
19,297 Shares
Hawaiian Electric Company, Inc.,
Common, $3-1/3 Par Value,
5,394 Shares 32,713.50
Hawaiian Electric Company, Inc.,
Preferred, 5.00%, $20 Par Value,
1,120 Shares 21,905.44 99,653.11
Total Cash and Investments $ 1,646,964.77
Shippers Wharf Committee Fund
Schedule oflnvestments
As of March 37, 2003
N of Interest Maturity Par Market
Shares Description Rate Date Value Cost Value'
83 Hawaiian Electric
Co., Inc., Common N/A N/A $ 3.33 $ 503.38 $ 3,383.08
53 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 321.43 2,160.28
60 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 363.89 2,445.60
1,602 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 9,715.80 65,297.52
165 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 1,000.69 6,725.40
129 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 782.36 5,258.04
55 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 333.56 2,241.80
2,697 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 16,356.75 109,929.72
500 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 3,032.40 20,380.00
50 Hawaiian Electric
Co., Inc., Common N/A N/A 3.33 303.24 2,038.00
1,120 Hawaiian Electric
Co., Inc., Preferred,
Series I, 5% 5% N/A 20.00 21,905.44 13,440.00
19,297 Verizon Communications,
Common N/A N/A N/A 45,034.17 682,148.95
$ 99,653.11 $ 915,448.39
' Market Value as of March 31, 2003
Price a/o
Stock Shares 03/31/03 (cob) Va/ue
Verizon Communications -Common 19,297 35.35 $ 682,148.95
Hawaiian Electric Industries -Common 5,394 40.76 219,859.44
Hawaiian Electric Industries - Preferred I - 5% callable 1,120 12.00 13,440.00
Total Stocks $ 915,448.39
SH/PPERS WHARF TRUST FUND
SCHEDULE OF RECEIPTS
FISCAL YEAR 2002-2003
Dividends Investment
Date Verizon HEI -Preferred HEI -Common Pool ~ TOTALS
i ~
07/15/02 280.00 280.00
08/01/02 7,429.35 7,429.35
08/22/02 ~ 3,270.45 ~ 3,270.45
09/10/02 3,344.28 3,344.28
09/19/02 5,006.57 5,006.57
10/14/02 7,131.74 ~ 7,131.74
10/15/02 ~ 280.00 ~ 280.00
11/01/02 7,429.35 7,429.35
11/25/02 6,845.45 6,845.45
12/10/02 ~ 3,344.28 ~ 3,344.28
12/16/02 5,252.37- 5,252.37
02/01/03 7,429.35 7,429.35
01/15/03 ~ 3,155.75 3,155.75
02/13/03 ~ 2,490.77 ~ 2,490.77
03/17/03 2,912.73 ~ 2,912.73
~ I , -
1 ~ -
TOTALS 122,288.05 560.00 6,688.56 36,065.83' 65,602.44
ss,so2.aa
SHIPPERS' WHARF TRUST FUND
INTEREST EARNED -INVESTMENT POOL
July 1, 2002 through June 30, 2003
Document No. Com troller No. Dafe Amount
IP-7-02-21 JM0647 8/22/2002 3,270.45
IP-8-02-21 JM1158 9/19/2002 5,006.57
IP-9-02-21 JM1647 10/14/2002 7,131.74
IP-10-02-21 JM2359 11/25/2002 6,845.45
IP-11-02-21 JM2770 12/16/2002 5,252.37
IP-12-02-21 JM3350 1/15/2003 3,155.75
T-03-02-06-23 JM3944 2/13/2003 2,490.77
T-03-03-10-21 JM4535 3/17/2003 2,912.73
TOTAL 36,065.83
MARK J. BENNETT #2672
Attorney General of Hawaii Z;1~~
HUGH R. JONES #4783
MARY H. Y. BAHNG #6454
Deputy Attorney General C U1',Ai;F„ CL~pURT
Department of the Attorney jEgT~tU C~RCUI{~
General, State of Hawaii
Hale Auhau Building
425 Queen Street
Honolulu, Hawaii 96813
Telephone: (808) 586-1470
Attorneys for Petitioner
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
In re Shippers' Wharf Committee TRUST N0. ~ ~ °1 ~
Trust Fund
ORDER SETTING DATE, TIME, AND
GLACE OF HEARING OF TRUSTEE'S
PETITION FOR ORDER APPROVING
RESIGNATION OF TRUSTEE,
APPOINTING A SUCCESSOR
TRUSTEE, AND FOR OTHER RELATED
RELZEF
ORDER SETTING DATE, TIME, AND PLACE OF HEARING OF TRUSTEE'S
PETITION FOR ORDER APPROVING RESIGNATION OF TRUSTEE, APPOINTING
A SUCCESSOR TRUSTEE, AND FOR OTHER RELATED RELIEF
The TRUSTEE'S PETITION FOR ORDER APPROVING RESIGNATION OF
TRUSTEE, APPOINTING A SUCCESSOR TRUSTEE, AND FOR OTHER RELATED
RELIEF having been filed by LINDA LINGLE, GOVERNOR OF HAWAII,
IT IS HEREBY ORDERED that on AUG 2 ? 2003
at S;.i~ .m. in the courtroom of the Honorable
TERENCE T. YOSHIOKi0. at 75 Aupuni Street, Hilo, Hawaii 96721-
99087 I.DOC
1007, is the date, time and place of the hearing of said
Petition;
That pursuant to Hawaii Revised Statutes ("HRS") X560:1-401
and in accordance with HRS X560:7-206, and Rule 25 of the Hawaii
Probate Court Rules, the Petitioner shall give notice of the
date, time and place of hearing to any interested persons,
including the Attorney General as parens patriae of all
charitable trusts, the Mayor of the County of Hawaii, and the
Director of Finance of the State of Hawaii as administrator of
the Hilo Shippers' Wharf Trust; and
That pursuant to Rule 10 (c) of the Hawaii Probate Rules,
any party wishing to object or respond to the Petition shall
file such objection or response with the Court and serve it on
all interested persons within thirty (30) days of the service of
the Petition and this Order and notice of hearing if served in
person, or within thirty-two (32) days of such service if served
by mail, but no less than 72 hours prior to the time set for the
hearing as originally set.
DATED: Hilo, Hawaii ~L ~ ~3
LINDA T. MENDE (SEAL)
Clerk of the Above-Entitled Court
94087_1.DDC 2
Eq;11ty No. 301
i
{
i IN Tny CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
TERRITORY OF HAWAII
AT CHAMbr,R9 - IN EQUITY
JOHN H. R099, THON.AS S. STRATHAIRN, )
ALEXANDER J. PORTER, HENRY ,R. RELLNEA, )
EVERETT N, HOL1~9 AND ARTHUR ARNITAOE,
Complainants,
ve.
SHIPPERS WHARF COMMITTEE an Eleemcsynary
corporation, ~ d JOSEPH HODGSGN,
Attorney General of the Territory of
Hawaii,
Respondents. }
DECISION
vo
Jll~ )~t+
Fc'~LyZ'R7H C/IRCUIT C^vURi
~7' CLGRR
Equity No. 301
IN THE CIRCUIT COURT OF THE FOURTH JUDICIA:. CIRCUIT
TERRITORY OF HAWAII
AT CHAMBERS IN EQUITY
JOHN M. ROSE, THOMAS 9. 9TRATHAIRN, )
ALEXANDER J. POP.TER, HENRY S. EELLNER, )
EYERETT H. HOL1dE9 AND ARTHUR A)iMITAGE, )
)
Complainants, )
vs. )
SHIPPERS WHARF COh'][ITTEE, an Eleemosynary )
corporation, end JOSEPH V. HODGSON, ~ )
Attorney (}eneral of Lhe Territory of )
Hawaii, }
Respondents. )
DECISION
A complaint was flied Sn the above captioned utter
on the let day of August, A. D., 1940. Attached to the original
complaint le an account indicating the details of the receipts,
dSSbureemente and accumulation¦ of above named co niplalnenta.
Thereafter the pnrtles to Lhe proceeding ¦tlpulated that a
Master should bs appointed prior to the filing of answer by the
respondents, reeer?ing unto the respondents the right Lo there-
to
after answer or in any other way plead to th• complaint. There-
after on the 2bth day of December, A. D., 1940, en amended
CQ'^^~Lnt rae filed. C: t.~.8 wth ~ n'~`~ , , 19iv,
-t- ..w C~ ~wwvar u.
the respondent, Shippers IIharf Committee, an eleemosynary coroo-
retion, filed its answer. Thereafter on the 8th day of January,
A. D., 1941, the respondent, Joseph Y. Hodgson, At toraey General
of Territory of Aawnii, filed an answer to the amended complaint.
The emended complelnt ellmineted the respondent, Shippers
Whsrf Committee, en eleemosynary corporation, as a party Lo Lhe
proceeding. flowerer, in order tc fully protcot the interest
of this corporation the attorney for 8hlppers 1Pharf Committee,
an eleemosynary corpoi•atlon, ettended Lhs proceeding, croae-
examined the witnesses and was heard upon all matters during
the proceeding, all with the consent of 'the complelnanta and
Lhe Attorney General. The matter was heard on Wednesday,
January 8, 1941, where evidence was produced. The Attorney
General was represented by George P. 61mba11, 9pec1al Deputy
appointed for that purpose. Witnesses ware interrogated at
lengt'n by respectlra c......sel rnd the Court.
It developed from the evidence that on the let day
of Reptembar, A. D., 1904, a group of buelneaemen in the Clty
of Hllo met at Lhe Board of Trade Rooms (predecessors of the
Chamber of Commerce), and decided that a tonnage tax in the wqp
of voluntary contributions of 10~ a ton should be collected on
incoming merchandise Lo the port of Hilo except lumber, coal
and brick, the moneys so raised Lo be used prlnolpally for
sanitary purpcaec. O..^.e of the persons present at the initial
meeting suggested that some of the money collected in s similar
manner 1n the port of Honolulu was turned over to the Chamber
of Commerce (complelnant'a Exhibit 1). It developed from the
evidence that prior to thi• time Lhe Territory had suffered
from severe epidemics of bubonlo plague and cholera end that
theca facto were lergely responsible for creation of thi¦ Com-
eitt^.c. IL Se ..^.oted Lhat the Committee •n• made up Sn the
first instance of representatiree of the principal shippers Sn
the port of Ailo, and it 1• found from the evidence that there-
niter rep resentatlves of the principal contributors were always
on the Committee 7,Osslf.
.y.
The following contributors, C. Brewer and Company,
Lisped, Hutchinson Sugar Plartation CAmpany, Hawaiian Agri-
cultural Company, Hilo Sugar Company, Onomee 9ugnr Company,
Peoeekeo Sugar Comoeny, Honomu Sugar Company, ftakelau Sugar
Plantation Company, Paeuheu Sugar Plantation Company, Theo.
i ft. Davlee k Company, Llmlted, Aaiakea Y111 Company, Levpahoehos
Sugar Company, Eniwikl Sugar ComperLp, Hemakus 11111 Company,
Sukaieu Aanoh Company, Limited, Honolulu Iron Works Company,
American Factors, Limited, end Olaa Sugar Company, Linlt1ed,
ware directly represented on the Committee and had been'SSee
origin. In this connection authority has been given by these
shippers to their representatives on the Committee to disbv ree
wr' s po.-iio:: of the cones currently received by the Committee
for purposes other than public health and safety. Fros the
Commltiee's inception oertein funds have been spent currently
end other moneys have been accumulated In a special fund. The
currant moneys have been used, as is shown in E~iblt A attached
to the complaint, for the protection end pre?entioo of the
~ e read of bubonic la a and for the tra in
p p gu pp g, poisoning and
control of rate which spread bubonic plague In the erase served
by the port of Hilo. From September 1, 1904 to and including
December 31, 1939, X127,022.67 has been spent In this work.
Comnencing with the year 1929 the Coeuelttee ha¦ spent
e
~ X18,570.?.9 for the 1®uni:atlon of children for diphtheria.
~4,7b6.11 has been spent Sn conneotion with proJecte at the
e
Puumaile Home, a tuberculosis eanltarium. X11,495.00 has been
used for clerical and nudltlag ezpenees in handling of the
money¦ collected and disbursed, and t2, 604.15 hee been used for
rarlcua sundry ezpeaees. =4,2b7.77 wan spent for termite coa--
trol and plant Saspsctlon during the yearn 1934 end 1935 at
the tine when the Territorial appropriations for this work wen
"5"'
t
t
lneufficlent. =5,372.00 has been spent for playground purpoeee,
the prlncipel part of which went to the salary of the playground
director. During the period from 1904 to June 30, 19!0,
X81,084.34 was turned over to Lhe Chamber of Commerce far the
various objects set forth Sn Ezhlblt 1 of the Naster'e deport.
As of June 30, 1940, aocumulatione amounting to
=161,415.49 had bee? sot aelde by the Committee. From Ste in-
ception the Committee has added to the nccumnlatlon: from time
to Llme na moneys recel?ed were not used for other purpoeee.
For as far beck ae can be determined it has been the pract/ce
of the Committee to currently bank collactlone received by it
~ in a checking account to make all dlst~sree=enL: from the checking
r
account, and ee the checking account became large enough Lo
transfer moneys to Lhe ea?inge account. 8a Lhe ea?Snge
account became sufficientl7 large, moneys ware from time Lo time
` appropriated therefrom for the purchase of bond e.
~ There waa no formal instrument creating a trust,
F
although there 1e e?ldence 1.^.dloaLing that a charitable Livst
i was oreated Sa the year 1904. The ezcerpte from the minutee of
the first meeting and the nctlons of the Committee since that
dat: clsariy indicate the Sateation to set apart and hold a
portion of the money received Sn a special fund or in the fotvi
of 1..^.7 e:tment: es n txvet. The praotlce of the ComnitLCe of
spending current recelpLS for ?arioue ob~ecte and accumulating
from current rocelpts for the corpus are clearly indicatl?e.of
this in ten don.
From •11 of the evidence I 11nd that a eherlta*le
trust was created for the ob~ecte end purposes hereinafter set
forth. I find that the currant moncJa reeeired did sot become
tryst moneys until the ¦ane were placed in the aevings account
of the Coulttea or were ia?ested in bonds by the Committee.
-4--
.
7rni
Y'P:
5,.~'.
t
When the moneys were eat apart and held 1n thSs manner they
~y became trust property. 1 find that ae of June 30, 1940, that
:w: funds Sn the amount of =132,500.00 (Meted In Ezhlbit A
attached to the complaint), 516,468.62 on depoelt Sn BanY of
1.p:.
Aawali cavinge, 512,446.85 on depoelt In Blahop National Bank
savings, amounting in all to 5161,415.48, constituted the
corpus of the charitable trust.
The cooplalnanta petition for Snetrvctlone relative
to the ob~ecte and purposes for which the corpus of this trust
and the Income therefrom can be used. In view of the flndSnge
that a trust ezlete vlth regard to the funds ae above SndSCated,
o-•. ~
and in view of the feet Lhat Lhe obaecte and nurooeea of this
trust are not clearly and definitely set forth, I will instruct
~ the trveteee that the ebJecte and purposes of the trust are ae
+ follows:
1. That the corpus and income therefrom' may be used
s;.
for the following purposes within the discretion of the trustees:
1. For e11 matters relative to eafeguarding
public health and Smproving public eanltatlon;
2. To prevent the spread of and remove the ~
e
possible causes of epidemics and diseases dangerous
to puD11c welfare, such ss b•.:D.;aic plague, ehoiera,
diphtheria, email pox and other communicable diseases;
cWr.
Me°' 3. To relisvs frcm distress which say be
occasioned by grant public disaster or destruction
on a wide scale, such as Srrom lava f'Iows, tidal waves
end earthquakes;
4. ?e prcmota pubilo safety.
Tha trveteee are vented with the powers of manageaent
usu:ily held by tructeee, including the power to make dlsburae-
aents frog the furls which they hold for the protection and
-6.•
a
preser~stlon of Lhs trust. In •1e• of the fact that the
appointment of these trustees Sa noL by or enblect to the
approTal of the Court, it w111 not De necessary for them to
file annual accounts. However, Sf at any Lims the Attorney
General feels that accounts should be filed in order to
detenelne whether or not the trustees nre following the
ob~ect¦ and purposes herelnaba~o set forth, a written request
should be ands addressed to the trustees requesting an
accounting over a daeignated period of time and the truetee•
should respond within a reasonable time thereafter by furaisb- '
ing the Attorney General with the requested •ceount.
Th6 C.G::rt fii.d8 wet 7dJaw GiBe 8ru 0irg the ti-ust86i
have always bean filled by election held by Lha remaining
trustees. This pracLSce Se deemed to be~pivper means of
tilling ?acancies cnueed by death or reslgaation.
Complalnant'e ~ibiL 3 sad Lha erldenoe explaining
it chows, and I so find, that during Lha period froe
September let, 1904 to sad Sncluding December 31,.1939, the
current contributions rapreeented by doaaLlona of C. Brewer-
and Company, Limited, the plantations for which St eoLe ae
agent above Meted, Theo. E. Danes d Company, Llaited, the
plantations and ranches for which it seta as agent and the
Honolulu Iron Yorks Company, Americas Factors, Limited, and
Olu 9ugsr 7oapaay, Limited, for which it acts as agent. far
ezcasded in each year during the entire period say amounts Of
money which were spent for other than health, sanitary and
pvbllo safety pu.-pe:as. I find that all amonnta of money
ezpeaded for :hes• ether puryoaas came out of current receipts
and ware not trust moneys. The ?arlona Stems liatad is Ezhibit
1 of th• Yaster'e Report were •pproprlatad iron cnrraat fnnd•
which were not trust mone!, and Sn .Sew of all of the
e.idence these ezpoaCir,:.^ee were entirel! ~t.~ln the discretion
of the Committee and were therefore proper.
i~
/ ~ u e o t o sal onrt\/
Y
I
t
fiauity No. 301
IN THE CIRCUIT COURT OF THE FOURTH JIIDICIAL CIRCUIT
TERRITORY OF HAWAII
AT CHAI~ER3 IN EQUITY
JOHN H. RC35, THOMAS 9. STAATHAIRN, ~
ALFJCANDER J, PORTER, HENRY R, RELLNER, )
EVEI~TT N, HOLME.4 AND ARTHUR ARMITAGE, )
Ccmplainante, St}
ve.
SHIPP~9 ?idA.RF COMMITTEE, an Eleemosynary )
corporation, and JOSEPH V. HODGSON,
Attorney General oS the Territory o2
Hared ,
Respondents.
D E C R E E
D~
f'rad st ~__a'c1~ ~M
JAN 9, ~3a~
t~ovxrH coox~r
Equity No. 301
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
Tc.r ITOAY OF HAAAII
AT CHAKBERS IN EQUITY
)
JOHN 3(. ROSS, THOMAS S. STRATHASRN, )
ALEXANDER J. PORTER, HENRY %ELLNER,
EVEAETT N. HOLYES AND ARTHUR ARYITAGE,
Cosplainante, ~
ve. ~
SHIPPERS FHARF COM3SITT~, an Eleemoeynnry )
corporation, and J09EPH V. HODaSON, )
Attorney General of the Territory of )
Hawaii, ~
Respondents.
D E C R E E
Pursuant to the decision heratofore randered In
the above entitled cause, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED that the above named trustees be and they are hereby
inetruoted that the corpus and the in came from th. r..,.a.,
' described Sn said decision may be used for the following
ob~ecte and purposes within the discretion of the trustees:
1. For all matters relative to safeguarding
public heal W and improving public sanitation;
2. To prevent the spread of and remove the
' possible causes of epidemics and diseases dangerous
I to public welfare, such ae buboalo plague, cholera,
dlphtherle, small poz and other communicable diseases;
3. To relieve from distress which may be
occasioned by great public disaster or destruction
on a wide stele, such ae from lava flows, tidal
~ ¦~ero~ -
• ~avea and earthquakes;
4. To proWcte public safety.
IT I9 FURTHER ORDERED that the trustees pay
Robert Moir, the Meater appointed herein, tha sum of ¢600.00
for hie services ae such Yaeter.
/ / ~u ga o eai ourt
IN THE CIRCUIT COUP,T OF THE FOURTx JUDICIAL CIRCLZT
TFARITORY OF HANAII
AT CHo.1dHF~!?S IN z.L*ITY
JOHN M. ROSS, THUMAS S. STRATHAIP,N, )
AL';7.ANDER T. PUNTER, HENRY K. KFd.LNr.R, )
LVFRFTT N. HOLM=5 and ARThUR ARMITAGE, )
i
Complainants, )
Ya, )
SHIPPERS WHARF COM1dITTEE, an Eleemosynary ) ECUITY ~O1
corporetlon, and TOSr~=H V. HODGSON, ) Jnnuary 11, 1941
Attorney General of the Territory of 1
?3nn•eii, )
1
Reenondents. )
HUNORABLF. J. FRANE McLAUGHLIN,
JUOCE, FOURTH CIRCUIT COURT. _
"AMENDED DECISIOtd"
a
f itcG u o'clock
JAW 1 I3
FOUR78 ~OiT COURT CARLSMITH k CARLSI~TH
~ r Attorneys Por Complainants
' icZ-Gt..Cu
..~.:~z .
n. x. BEERS,
Attorney for SI]SDD°r9 lYhsrf
Committee
C~',!?GE K7NBALL,
RaprneeZ~ine A.tt•~r.^.~y (inrarol
IN THF, CIRCUIT COURT OF THE .FOURTH J[IDICIAL CIRCUIT
TERRITORY OF FiAA'AII i
AT Ck!l~iiER: IN ECUITY
JOiIDt iA. ROSS, THOM/1S S. STRATAAIRPi, )
AL°XANJ~ J. PORTF,~ , i•~;NRY K. Y,ELLiiER, )
E4ERFTT N. HOLMES and AP.THUR A~ITAGE, )
Complainnats, )
q=. )
StIIPPERS K'HARF CO2~AITTEF., an Eleemosynary)
corporation, and TOSEPH V. HOA;SOIS, ) E'C.UITY ?Ol
Attorney General of the Territory of ) Jan. 11, 1941
Hnws11,
i
P,espondents.
13F.FOHE Ii0Pi0RAHhF. J . FRANK .McLA[k;ii~,IN,
Judge, Fourth circuit Court.
^A1AEI4Dr,D DECISZON^
From the evidence submitted in this case, I em
satisfied that there originated in 1904, a comrolttee known
as the Shippers ~Yh°rf Committee, ani that it was the
purpose of this committee to receive voluntary contributions
from Importara of goods at Lhe port of Hilo, and that from
said funds, the committee wou13 use *.he eame for the purposes
of nuhllc hAelth aty~ public safety, 9nd from that year to this,
that voluntary contribution has bean m9de by the Importers of
freight at thin Dort and that geld committee hen continued to
function Sr. accordencs with that or131nn1 concept as its guide.
I am further satisfied that once the collected funds came
to rent in n savirurs account maintained Dy the committee, that
',hone fun~ie were then and there i~preesed xith a trust for the
benefit of Lh_ public to be used Sn eccordnnce with the declared
nur;,oreR of anld trv~t, nnmaly, public health nni s9fety.
-1-
I am netiefiod th=t nt this moment a aiseable amount
of mom^y azirte in this trust end that it ahoul:i be used in
the+ future and used onl:,as it has been in the past, for
public h=nlth cad safety.
I am further eati.=fied that this trust is in the
nature of a public or charitable trust i? which the Attorney
Cereral has s very definite interest.
I am further satisfied from thn Avidence Shat es to
all of the xoney which has come iato the hands of th9 committee,
that it hr~s satisfactorily accounted for the same. i:ot sll of
the money, which h>ve come into the h~.nds of the committee, as
I have indicated, are, in my opinion, trust money, but only
such monies e~ from these collections h9ve found their •~r.9y :.nto
the savings account of the committee.
AccorAirrcly, I Aeclare the funds to be trust funds and
the members of this Shippers t~harf Committee to be trus*ees
thereof for the purposes of public health and safety.
Accordingly, in conformity with those conclusions, I
Nill sign a decision in accordance therewith and if the nettles
can agree upon Snetructions, which they, es is reouested in the
petition, wish the court to give to the trustees, I will be Glad
to .look over any reou~atsd instrugtions cad, further, thoy may
submit a form of decree ireccordence therewith. Yov hsve
submitted to me s form of decision. I x111 peruse the game.
(otter perusinc the decision Fiven t~; court b,-; counsel)
^het it 1n Accord with my general conclusion in this muter.
/ ~i~~.
T. FRANF. McLAl~ 1:
Judge, Fourth Circuit Com-t.
^
~~'IL~G
MARK J. BENNETT #2672
Attorney General of Hawaii
2003 SEP I I PM 3~ 4 I
HUGH R. JONES #9783
NATHAN S.C. CHEE, #6368
Deputy Attorney General C.OKAWA.CLERK
Department of the Attorney THSTATE OFUHA1rAIRT
General, State of Hawaii
Hale Auhau Building
925 Queen Street
Honolulu, Hawaii 96813
Telephone: (808) 586-1970
Attorneys for Lingle Lingle
Governor of Hawaii, Petitioner
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
In re Shippers' Wharf Committee TRUST N0. 03-1-0010
Trust Fund
ORDER GRANTING TRUSTEE'S
PETITION (FILED JULY 8, 2003)
FOR ORDER APPROVING
RESIGNATION OF TRUSTEE,
APPOINTING A SUCCESSOR
TRUSTEE, AND FOR OTHER RELATED
RELIEF
Hearing:
Date: August 22, 2003
Time: 7:50 a.m. (via phone)
Judge: Terence T. Yoshioka
ORDER TRUSTEE'S PETITION (FILED JULY 8, 2003)
FOR ORDER APPROVING RESIGNATION OF TRUSTEE, APPOINTING A
SUCCESSOR TRUSTEE, AND FOR OTHER RELATED RELIEF
The TRUSTEE'S PETITION FOR ORDER APPROVING RESIGNATION OF
TRUSTEE, APPOINTING A SUCCESSOR TRUSTEE, AND FOR OTHER RELATED
RELIEF came on for hearing on August 22, 2003 before the
Honorable Terence T. Yoshioka. Deputy Attorney General Nathan
I hereby certify that this it a full, true and fired
roPY of th o' ral on file in this office.
Order.doc
ChrY, ihlyd Qrwit Curt. Srch of MawaN
S.C. Chee appeared by telephone for petitioner, and Craig T.
Masuda, Deputy Corporation Counsel, County of Hawaii, appeared
by telephone for the Mayor of the County of Hawaii, the proposed
successor trustee. Deputy Attorneys General Cynthia M. Johiro
and Randall S. Nishiyama did not appear, but filed statements of
no opposition to the petition on behalf of Attorney General Mark
J. Bennett in his capacity as parens patriae, and the Director
of Finance, respectively.
There being no opposition to the petition, based upon
petition and the records and files herein, and for good cause
shown, the petition is GRANTED. The Court accepts the
resignation of Linda Lingle, Governor of Hawaii as trustee and
appoints HARRY S. KIM, the Mayor of Hawaii, and his successors
in interest, as the successor trustee of the Hilo Shippers'
Wharf Committee trust. The resignation and appointment of a
successor trustee shall become effective upon the court's entry
of a vesting order. The successor trustee shall continue to
adhere to paragraph 3 of the order filed April 5, 2001 requiring
the trustee to file an annual accounting with the Attorney
General, showing in detail all receipts and disbursements,
together with a full and detailed inventory of all Trust
property under the Trustee's control, and a listing of all
requests for disbursements from the Trust, regardless of whether
such requests were granted. The charitable purposes of the
Order.doc 2
Trust, as described in prior orders of the Court, remain
unchanged and unaffected by this order.
i= ~.3
DATED: Hilo, Hawaii
7~
Judge, Above-Entitled Court
APPROVED:
CRAIG SUDA, ESQ.
Dep y Corporation Counsel
Attorney for Harry S. Kim,
Mayor of the County of Hawaii,
Successor Trustee
RANDALL S. NISHIYAMA, SQ.
Deputy Attorney General
Attorney for the Director of Finance
State of Hawaii
i
CYNT IA M. JOHI ESQ.
Dep~ y Attorney eneral
Atto ney for Mark J. Bennett
in his capacity as parens patriae
ORDER GRANTING TRUSTEE'S PETITION (FILED JULY 8, 2003) FOR ORDER
APPROVING RESIGNATION OF TRUSTEE, APPOINTING A SUCCESSOR
TRUSTEE, AND FOR OTHER RELATED RELIEF, In re Shippers' Wharf
Committee Trust, T. No. 03-1-0010
ocdec.doc 3
' r'~j~tU
MARK J. BENNETT #?672
Attorney General of Hawaii
HUGH R. JONES #4783 cQil30CT'.3 ~~~~;Gµ
NATHAN S.C. GHEE, #6368
Deputy 'Alttorney General G.M.cN.AE. CL Er?q
Department of the Attorney ; ifIRD CIRCUIT ~'Ojjj;T
General, State of Hawaii STATE OFHAyA;j
Hale Auhau Building
425 Queen Street
Honolulu, Hawaii 96813
Telephone: (808) 586-1470
Attorneys for Petitioner
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
In re Shippers' Wharf Committee TRUST NO. 03-1-0010
Trust Fund
VESTING ORDER
VESTING ORDER
Pursuant to the Order Granting Petition (Filed July e,
2003) for Order Approving Resignation of Trustee, Appointing
Successor Trustee, and for Other Related Relief, entered here on
September 11, 2003, and section 554-1, Hawaii Revised Statutes,
the Court finds:
That it is necessary that the legal title in-and to all the
property heretofore held in trust by LINDA LINGLE, Governor of
the State of Hawaii, as Trustee of the Hilo Shippers' Wharf
Committee be vested effective as of October 2003 at /;o
o'clock ~.m. Hawaii Standard Time, in HARRY S. KIM, Mayor of the
hereby certify that this is a foil, Irve and mt1sK
60732_1.000 P1'i~1ll Yn fife m Mb vlfloe,
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County of Hawaii, and his successors in interest, upon and
subject to the trusts established by prior orders of this court.
Upon the foregoing, the Court; being fully advised in the
.4
premises, and good cause appearing therefore,
IT IS HEREBY ORDERED AND DECREED that the title to all of
the property and assets forming the Hilo Shippers' Wharf
Committee charitable trust, be and the same is hereby vested as
of October, 8d 2003, ate/:o~o'clock ~'.m., Hawaii Standard Time,
in said HARRY S. KIM, Mayor of Hawaii and his successors in
interest, upon and subject to the trust created by prior orders
of this court.
IT IS FURTHER ORDERED AND DECREED that said HARRY S. KIM,
Mayor of the County of Hawaii, and his successors in interest,
shall serve without bond.
DATED: Hilo, Hawaii OCT 3 2D(13
~~a:CE T. YOSHIOKA (ScA1)
Judge, Above-Entitled Court
VESTING ORDER, In re Shippers' Wharf Committee Trust, T. No. 03-
1-0010
60732 1.000 2