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• manage those lands in conformity with the State and Federal law of the Admissions Act
<br />compact, Section 4, then I'm prepared to go otherwise. Other than that, that's my
<br />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,
<br />and would like this body to take consideration in the Admission Act, Section 4
<br />concerning the encumbrance authorized to manage Hawaiian home lands, and I'd
<br />just like to say that we find that is, the County, itself, enforcing, we believe, illegal
<br />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
<br />you that they even admit that they don't have the documents that allow them to operate
<br />and manage the encumbrance. I'd like you to have special attention in that. And then,
<br />of course, your State of Hawaii Constitution - we'd like you to look at ARTICLE 12,
<br />Section 1, Section 2, and Section 3, which clearly identified about the encumbrance
<br />increased.
<br />Thank you very much for your time, and if it's possible, you could notify us, and give a
<br />letter of your decision about the Admission Act and Constitution, and the past violations
<br />we believe the Charter has done, by actions of the State offices and County offices. So
<br />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
<br />that you're quoting. I know you folks are much more knowledgeable about that. If we
<br />were to somehow exempt Hawaiian home lands from the County of Hawaii, would this
<br />not create quite a problem for infrastructure and that sort of thing at this time?
<br />JIM: I don't know about the concerns because I'm hearing concerns of
<br />the County and the concerns of the Native Hawaiians. That's what I'm hearing from
<br />you, because of the laws that it has made. My suggestions to this Board, and to the
<br />County, the only one that can resolve that question is the State and the Federal
<br />government because of their compact they made of federalism, and those laws are
<br />governed. And as we understand it, through many cases, that the courts lack
<br />jurisdiction on federalism based on the compact of legislation, so therefore, I believe
<br />your County Council, at one time, went to Congress and tried to address that issue. But
<br />again, I think you need to look at the Constitution, ARTICLE 1, Section 10. It clearly
<br />tells you it takes two parties to eliminate, or remake, or re-amend the federalism
<br />compact on Section 4. And so the question to that, it's not ours, and it's not the
<br />Department of Hawaiian Homes, and it's not the County, because they're all under the
<br />County Charter. The Commissioners, Hawaiian Home Commission Act, it's all under
<br />the provisions, so those provisions are created by bodies of government to
<br />government, and that's the legislation of the United States and the State of Hawaii and
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