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the U.S. Constitutions. Mr. Wurdeman wrote his decision based on Constitution. Certainly <br />Yuen would not consider it frivolous too. Let us consider Yuen's reference to the Hawaii <br />• Supreme Court, in Tight of Hawaii and the U.S. Constitution. <br />The authority Mr. Yuen uses is the case of State v. Jim, in which Yuen attributed a quote by the <br />Hawaii Supreme Court regarding the county police would exercise their ordinary powers on <br />DHHL property because the Hawaiian Homes Commission Act contains no express language <br />denying these powers. The subject of the propriety is the 67th Congress' construction of law or <br />Construction Trust (showing of fraud overreaching, or other wrongdoings to impose <br />constructive trust) invasion and overthrow by the Hawaii County Charter, or of the applicability <br />of the County's jurisdiction over the Hawaiian Homes Commission Act. The Courts would not <br />admit it is bound by the obligations imposed, by the Hawaii Constitution Article XII, Compact <br />that federal statutes that comport with the constitution design. The case of Alden further stated <br />that the State is barred by the scheme of American Federalism. <br />Apparently Mr. Yuen's silence on that point, as an attorney at law, he must have conceded the <br />existence of Hawaii's Constitution prohibition and it's violation by the Charter Article II, Section <br />1-1, the Powers of the County (prohibited by such constitution or by this charter.) Thus, this <br />Commission should give no validity to that Charter (powers of other officials, the county), over <br />Hawaiian Home Lands is restricted. And it's identified in Section 206 of the Hawaiian Homes <br />Commission Act which is under the U.S. Constitution. It is questionable whether Mr. Yuen took <br />the time to read Hawaii's or the U.S. Constitution as well. The issue is Congress' authority to <br />extend the protection of the Admissions Act under Hawaii or the U.S. Constitution compact over <br />•the restricted Hawaii County and it's Charter, which restricted Hawaii County and it's Charter <br />except with the consent of the United States. <br />That is basically what we were telling you. Without that consent, and it's been already proven <br />by this prosecution in this State, in this prosecuting office in this County, why we're here, that <br />that document does not exist. The document is the consent. That's why we were here telling <br />you that you're moving forward without it. But he says `that's all right. You guys have the right. <br />Move forward. Don't worry about it.' <br />So, in conclusion, Yuen's opposition memo is completely off the mark. Not one of our points, <br />Aupuni's points, on why this Charter is in violation or grounds has been controverted. Yet the <br />cavalier air in which Yuen addresses this issue suggests another reason for his confidence. It <br />must be that because there's another game being played upon Hawaiian citizens. That is, that <br />their claims to Hawaii Constitution Article XII, compact, by Congress's preemption as a matter <br />of custom which now underlies the implicit judicial policy and not the law — it's the policy and <br />not the law, must be simply shunted aside, demeaned as frivolous, lest it shakes the very <br />foundations upon which the Hawaii County, through it's Charter, has established themselves as <br />legitimate in Hawaii. <br />To that extent, Aupuni is a mere puppet, a victim of the State Commission's game of hypocrisy, <br />in a society where Hawaii County's words and creeds, count for nothing if it interferes with the <br />entrenched County interests such as no fair compensation for improper use of our lands, use of <br />water, the taxes, the diversion of the income and proceeds from the Hawaiian Home Lands into <br />• the County funds. <br />14 <br />