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CLARKSON: That way that way, it could be read as a motion, and I think it's been two hours,
<br />and so we are going to take a 10 -minute recess.
<br />KERN: Thank you, all.
<br />CLARKSON: And return to duty at approximately 11:05.
<br />Chairman Clarkson called a recess at 10:54 a.m., and the meeting was reconvened at 11:06 a.m.
<br />CLARKSON: The Windward Planning Commission meeting will now come to order. While we
<br />are waiting for some language to be delivered, we'd like to proceed with public testimony, and at
<br />this time, I'd like to call Dwight Vicente to testify. And just a reminder, you're still unsworn
<br />from your previous testimony.
<br />VICENTE: All right.
<br />CLARKSON: Please proceed.
<br />VICENTE: Okay, the, these lands here I believe was not ceded in 1898, so this Commission is
<br />limited to the 1,750,000 acres that was illegally ceded by the banana republic in 1898 and was
<br />rebranded as Hawaiian Homes in 1920, which is based on the Northwest Ordinance of 1787, and
<br />the State of Hawaii by the Admission Act Compact, Section IV Compact agreed to manage the
<br />1,75450,000 acres in, of Hawaiian Home Lands that became the State of Hawaii. So
<br />Hawaiian Homes and State of Hawaii is one and the same, so the County of Hawaii being a
<br />political subdivision of the State of Hawaii is limited to the 1,750,000 acres.
<br />The Planning Department uses a term that was, that is based on the Hawaiian Homes
<br />Commission Act, Native Hawaiian, the definition. But, they are applying them on the other side
<br />to the agricultural lands, and the general public is being applied which is 5F of the Hawaiian
<br />Homes being applied to the lands, the agricultural lands, which was not ceded. So, that's a
<br />problem that should be corrected because you're going beyond the limits of the Joint Resolution
<br />of 1898. Now, the Joint Resolution of 1898 relies on the 1875 Reciprocity Treaty which King
<br />Kalakaua and the U.S. President did not sign. That treaty would incorporate the Kingdom under
<br />the Section 4—Article IV, Section 3, Clause 2 of the U.S. Constitution. No amendment. You go
<br />with Marbury v. Madison. Rather than amending the Constitution, they got the Downes v.
<br />Bidwell case where they got the courts to amend the, rather than going through a constitutional
<br />amendment through Article V, they used the court system which has no authority to amend.
<br />They can only enforce it in the existing Constitution.
<br />So, the, you need to know what your limits are. This Commission is limited to the Hawaiian
<br />Homes, and you're located in the Hawaiian Kingdom, because Hilo was not ceded in 1898. So,
<br />you're having the, this meeting here in the Hawaiian Kingdom in Hilo, and you're dealing with,
<br />your limits is Hawaiian Homes. So, you gotta really think about that. So, anytime dealing with
<br />lands, you gotta know what lands you're dealing with. Hawaiian Homes or the Crown and
<br />EXHIBIT B
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