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he's speaking about is myself and Mr. Jim — that the two individuals offering this testimony have <br />had these same arguments rejected by the Hawaii Supreme Court. May I remind you, and if the <br />record will reflect, we are not here speaking about police jurisdiction over Hawaiian home <br />lands. The broad question was does this county have jurisdiction over Hawaiian home lands. <br />The police powers comes along with it, but we were not here talking about the police cannot <br />come and do this and do that. I only reflect back to the letter from Mr. Wurdeman, the <br />Corporation Counsel, and his decision is totally contrary to what Mr. Yuen has said that you <br />have the jurisdiction over everything. If you did, then this letter is obviously no good, from Mr. <br />Wurdeman. If you've got the powers to do whatever you do, your Charter can do whatever it <br />does, then we wouldn't have the problem of the confusion within our community; how they were <br />allowed to build a Wal-Mart without a permit, how the Hawaiians have got to be told we don't <br />look at your plans, we don't sign your plans. That's totally contrary to what Mr. Yuen is saying. <br />So this is why I bring that forward after careful review of his letter, in it which he states that the <br />two individuals in State v. Jim, in that case that he cites. I would wish that Mr. Yuen would have <br />done the research that he writes in his letter that he did. In State v. Jim, Judge Love ordered — <br />this is what Judge Love ordered the prosecutor to do was to send the records because we were <br />going to appeal that on a writ. That has been buried, (indiscernible) somewhere in the waste, <br />on a shelf some place, because since that time that we were found guilty by the Supreme Court <br />who sent a one-page, or one -sentence, that Section 206 did not expressly say that they can or <br />cannot. We have not paid the fines. We have not done the community service. It's been <br />buried off somewheres in hell, no where, but yet the case stands. So I just needed to bring that <br />to you because this is where we're at, as Native Hawaiians. <br />So I'd like to take this time to look at the letter and express to you, and show you where the <br />attorney, Christopher Yuen, has failed to rebut or address the Hawaii Constitution, Article XII, <br />legal principles, as well as the historical evidence prepondered by the members of Aupuni 0' <br />Hawaii in their arguments that the County lack jurisdiction over Hawaiian homes. <br />Mr. Yuen's derogations of this argument being frivolous, without any supporting basis for the <br />remarks is unfortunate. Yuen uses one of the avoidance techniques employed by those in <br />positions of dominance against those on the ethical and moral high ground, "The Native <br />Hawaiians". In the face of this failure to contest such the principles of Hawaii Constitution <br />Article XII or historical evidence when the opportunity to do so was available, this failure must <br />be taken as a concession to these principles and evidence. <br />Among those principles set forth in Aupuni's earlier arguments on this subject was that the <br />County may not excuse itself for violations of the Hawaiian Homes Commission Act or Hawaii <br />Constitution compact, implementing Congress's preemption (Admissions Act) on the basis that <br />the County Charter or law permitting such violation. <br />It is clear why Yuen would like to have the Commission accept the principle as frivolous. It is by <br />Yuen's use of the Hawaii County Charter and State v. Jim that Yuen is now attempting to justify <br />the violations in Hawaii Constitution compact, by Congress's preemption. Beware the thieves <br />in judgment of itself! <br />Let us address Yuen's restricted view of the law as being only those which arise out of the <br />Hawaii Supreme Court. At the least, we should go one step further and bring into Hawaii's and <br />13 <br />