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minutes 10-27-99Page 2 of 48
<br />acreage of Hawaiian home lands, and this here tells me that the County’s Charter, their law book, says
<br />that all of these identified in the geographical limits is the 187,000 acres of Hawaiian home lands that
<br />are on this island, and that’s why I’m here before this Charter Commission. For you to take
<br />consideration that there is, as far as the Native Hawaiian is concerned, and as far as the Admissions Act
<br />of the Federal State compact, that there is a violation. There is also a prohibition that, without this
<br />fundamental document called the Consent of the United States, this county would obviously be
<br />operating in violation of those State and Federal laws that the Admissions Act, Section 4, was created
<br />during 1959 at statehood, to avoid. And this is what I need this Charter Commission - I do realize the
<br />hard work that all of you have been doing through reports to the news media, that the involvement that
<br />all of you are trying to make this a better place to live, however, no consideration was ever given, and
<br />again I’d like to go back to the Native Hawaiians. Let me remind you, it’s not the Native Hawaiians that
<br />are special. It was Congress that created the lands that made us special, and on this island, there happens
<br />to be 187,000 acres of that special land that this geographical identification, or definition, within the
<br />County Charter tells us Native Hawaiians totally different. However, in our dealings with the County,
<br />with those people that are within your Charter, that are basically all here on your agenda today in
<br />Unfinished Business, we’ve, as Native Hawaiians, have had conflicting ways to do, how it’s done;
<br />Hawaiian’s, like, you can do this or you don’t have to do that; maybe we can do this, maybe you guys
<br />can do that. And that is totally contrary to the Charter, which specifically states - So my presence here
<br />today is to let the body know that great consideration should be taken by this body, whose only job, my
<br />understanding, every ten years or twenty years that comes about, when they review the Charter, is to
<br />make those adjustments or correct inequities that are within the Charter, and that is absolutely why I’m
<br />here. To let you know that there are inequities and there are remedies that can be brought forth in the
<br />Charter Amendment, which no one has taken that opportunity to - it’s not that we haven’t given the
<br />County an opportunity to do that, but no one has taken us seriously, and have decided to come forward
<br />and express it through their document, their law book, that governs everything that happens within the
<br />geographical limitations of this Charter and of this County of Hawaii. So, unless the County Charter
<br />Commission is prepared to tell me that, yes indeed, the County ARTICLE I, Section 1-1 is correct, and
<br />that the County now has powers and authority over these lands that I’ve identified as Hawaiian home
<br />lands, and this County, indeed, has the right, and the authority, and the jurisdiction, to manage those
<br />lands in conformity with the State and Federal law of the Admissions Act compact, Section 4, then I’m
<br />prepared to go otherwise. Other than that, that’s my purpose for being here to express that to this body.
<br />JIM: Hello. I’d just like to say a few words and that’s to kind of enforce, and would like this body to
<br />take consideration in the Admission Act, Section 4 concerning the encumbrance authorized to manage
<br />Hawaiian home lands, and I’d just like to say that we find that is, the County, itself, enforcing, we
<br />believe, illegal based on the Section of increasing of encumbrance because we deal with the County
<br />attorneys and prosecutors, and we’re into Federal Courts, and just a (indiscernible) to you that they even
<br />admit that they don’t have the documents that allow them to operate and manage the encumbrance. I’d
<br />like you to have special attention in that. And then, of course, your State of Hawaii Constitution - we’d
<br />like you to look at ARTICLE 12, Section 1, Section 2, and Section 3, which clearly identified about the
<br />encumbrance increased.
<br />Thank you very much for your time, and if it’s possible, you could notify us, and give a letter of your
<br />decision about the Admission Act and Constitution, and the past violations we believe the Charter has
<br />done, by actions of the State offices and County offices. So please address us. Thank you.
<br />RAY: Thank you. Any questions for these gentlemen? Ms. Irvine, yes?
<br />IRVINE: I guess I did have a question. I’m not real familiar with the Acts that you’re quoting. I know
<br />you folks are much more knowledgeable about that. If we were to somehow exempt Hawaiian home
<br />lands from the County of Hawaii, would this not create quite a problem for infrastructure and that sort of
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