MIN CHARTER 2019-02-08 (2018-2020)

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Hawai`i County Charter Commission -8 February 8, 2019 case law dealing with Downs vs. Bidwell, they were only talking about the 1.8 million acres and another thing too people have got to realize, in 1875 the Reciprocity Treaty was never ratified or should I say signed by King Kalakaua or the U.S. (United States) President. So that treaty is relied on the Downs vs. Bidwell and most recently Sai vs. Clinton and Sai vs. Trump. That only deals with the 1.8 million acres and that is still in question because the Republic of Hawai`i consisted of U.S. citizens who were here on a treaty that didn't exist. There were no Reciprocity Treaty. This Kingdom did not fall under—that's why you hear the Public Trust Doctrine all the time. We are not... there's no amendment to (inaudible) this Kingdom under the Northwest, Article 5, of the Northwest Ordinance. It is under the Articles of Confederation now and under the U.S. Constitution, Article 4, Section 3, Clause 2. That is limited. There is no amendment and the courts cannot make a ruling to amend the Constitution through Article 5 because they are not a party to Article 5 of the U.S. Constitution. CHR. ADAMS: Mr. Vicente, if you would please summarize. MR. VICENTE: Okay, with Number 5, the number 27, so like with the Planning Director, if he has any authority, it would be limited to the Hawaiian Homes Commission Act and the lands involved. It does not go beyond that and that is the clarification. It would be good to have an expert who knows all of this is what I am telling you. Because that is what I figured out on my own and that is what is actually written and not what everybody else is saying. I don't know where they got that information from. So, it should be clarified. So, with this, I will reserve the rights of this Kingdom under the Queen's Protest of January 17, 1893 against U.S. Minister Stevens that has yet to make its way to U.S. Supreme Court, Article 3, Section 2, Clause 2. Original but limited jurisdiction and the other one is the Constitutional question about the Reciprocity Treaty that King Kalakaua did not sign and the U.S. President did not sign in 1875. Thank you. CHR. ADAMS: Thank you very much. I understand that we also have, I am not sure who is going to be testifying, Jesse or Kulia Potter, Again, if you would please identify yourself by name and then the agenda items you are speaking on, and if it is more, if it is one agenda item, three minute limit, and if it is more than one, five minute limit please. Thank you. JESSE POTTER: Proposal No. CA -7, CA -13, and CA -16 in opposition and Proposal No. CA -9 and CA -18 in support. MR. POTTER: Aloha Mai Kakou, my name is Jesse Keane Potter. I am representing Pohand 1 Ka Lani one of the PONC stewardship grantees. Speaking on Agenda Items, let me just reference, there's more than one, so I signed up for five minutes. On number 7, number 9, 16, and 18, I think are the ones. So, just as a background before 1 comment on each item, our stewardship organization is one of the first ones awarded in 2016 for the Waipi`o Valley Lookout parcel for the Page 18