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MIN CHC 2000-03-08
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MIN CHC 2000-03-08
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2000
Meeting date
3/8/2000
Type
MIN
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• <br />VICENTE: Does that mean you're going to usurp power over me? <br />HERKES: That means I'm going to do what the County government has <br />asked me to do. I don't feel it's usurping power over you, but I certainly know that there <br />are a lot of avenues for you to take if you feel it is. <br />VICENTE: Another thing I wanted to point out is that a lot of the case law <br />dealing with so-called territories, are all based on what the Kings can do. The U.S. is <br />arguing in the U.S. Supreme Court that the Kings of Europe is doing these things, and <br />as a sovereign, they want to be able to do the same thing, but they don't mention in the <br />argument that they have constitutional authority, so you can see, they're going beyond <br />the constitutional authority by claiming they got a king now. Or they can amend Article <br />2, and replace the president with a king. He's already acting like a king so put the <br />crown on his head while they're at it. Once he leaves Washington D.C., he's no longer <br />the President. What he's done is vacated his office so he's in a stationary power <br />position, not a gallivanting king. So, I think when you look into the State Constitution, <br />it says, I think it's Section 3, that the State Constitution shall not be repugnant of the <br />United States Constitution and the Declaration of Independence. Everything <br />coming from there, that direction, and I see all the conflict coming in. That's why Rice <br />won. There's conflict in law right now. The State is doing one thing and the U.S. <br />Constitution is saying opposite. So I think that needs to be dealt with first. It's putting <br />the cart in front of horse. I don't ride horse that way, or a wagon. I think that's it. <br />RAY: Okay, thanks Dwight. <br />VICENTE: Thank you. <br />RAY: Okay. Patrick Kahawaiola'a, representing self. <br />KAHAWAIOLA'A: Myself and Aupuni O'Hawai'i. I have testimony that I'd like to pass <br />out to all of you. I think this was addressed to Mr. Yuen back in December and we <br />received no response from that. From your letter, Mr. Yuen wrote and told us that you <br />had asked him to respond. He responded. We responded to that letter, and in <br />December, the 28th, came to a meeting that was cancelled without us knowing about it. <br />5 o'clock the lady out front told us it was cancelled. You guys had one, I guess, some <br />time in December that was cancelled. After notice was put out that they were going to <br />have it, it was cancelled, but we were never informed of the cancellation, but that's not <br />my issue. My issue is, based on this response from your counsel, we responded to <br />again address our issue of coming before you to say that we believe that the Charter <br />provision, your Article I, Section 1-1, which encompasses the whole Island of Hawaii <br />as it's geographical limitations, or definition that what the County owns, and this <br />Charter has all the rights on those lands. We spoke about it and Mr. Yuen addressed <br />it, gave his perspective of what he believed based on, and he went back as far as <br />somewhere in the Organic Act giving the counties the rights to do something in 1905, <br />
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