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State of Hawaii, with due respect for and in support of the laws of the land, do adopt this <br />Charter of the County of Hawaii, State of Hawai`i." Then it goes on to say in Article I, <br />that I addressed, in Section 1 -1, Incorporation, "The people of the county of Hawaii shall <br />be and continue as a body politic and corporate by the name of County of Hawaii, <br />hereinafter in this charter called county. By that name it shall have perpetual <br />succession." Section 1 -2, Geographical Limits, "The island of Hawaii and all other <br />islands within the shores thereof and the waters adjacent thereto shall be the county of <br />Hawai`i." It goes on to speak about the powers. That was the question that I raised on <br />behalf of the native Hawaiians because the island of Hawaii and all the islands within it <br />and the shores thereof and the waters adjacent shall be the county of Hawaii. Then I'm <br />going to assume as a native Hawaiian that there is no Hawaiian Homelands; Hawaiian <br />Homelands are now part of the County. <br />However, in the Constitution of the State of Hawaii, that I'm quite sure that all of you <br />are bound to uphold, in Section 3 it mentions that the encumbrance that is authorized to <br />be placed. This document would put encumbrance on the land, taxes, zoning, whatever; <br />it would put encumbrance. The Constitution forbids, the constitution authorizes the <br />encumbrance to be placed on Hawaiian Homelands by officers other than those charged <br />with the administration of said act shall not be increased except with the consent of the <br />United States. Therefore, I ask, if this document is to then say through its governing <br />sections that Hawaiian Homelands is now part of the County, I would now ask on behalf <br />of the native Hawaiian community that I represent, that this body, or the Council, then <br />present to the Hawaiians the consent that was allowed to put the encumbrance onto these <br />lands. Other than that, I would truly wish that the job that you are doing, which is all <br />commendable, that you look to how we can resolve the fact that there is a separation; <br />there is a separation of lands in this county and every county, however, I will put good <br />poi down, that in every county it says this, that there is no distinction between Hawaiian <br />Homelands and the County. Therefore, I thank all of you, and I thank you Mr. Chairman, <br />for allowing me to speak before you. <br />CHR. HAITSUKA: Thank you. Next we have Mr. Ken Goodenow, County Clerk. <br />KENNETH GOODENOW <br />(At this time Kenneth Goodenow came forward to address members of the Charter Commission.) <br />MR. GOODENOW: Thank you Mr. Chair and members of the Commission. There was <br />a lot of discussion on CA -12 about residence address. I'll leave that, because I'm sure <br />you will discuss that further. I just didn't want you to overlook in our previous testimony <br />we talked about the language, "votes cast," as being ambiguous and we request that you <br />either change it to, "valid votes cast," or "total ballots cast," just to be clear. If you could <br />fix that language; I didn't want that to get overlooked. <br />I did submit new testimony on CA -17; I just wanted to note that the County does get the <br />census information in March; and then also the comment about the effective date, and <br />that being an issue if it's asking that the Commission be appointed in July. Thank you. <br />16 <br />