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Ka Wai Ola O CONGRATULATIONS TO THE CLASS OF 1999J ... I M ua Kamelf'amelial IULAI (JULY) '99 On May 30, 1999 Kamehameha Schools graduated its 109th class. The 453 metriber class of 1999 has achieved the following: 63 Honor Diploma Graduates 3 National Merit Scholarship 13 National Merit Commended Scholars 105 participants in the Advanced P[acement.ErQ8{gm 98% plan to attend 2- or 4-year nationwide Aurora K. Kagawa 65%+ awarded about $2.5 mtlJion in cOlle;J!fii19IlCial aid from KSBE Valedictorian ............•..•....•.••••.. •...... From the trustees, faculty and staff- Maika'i ka hana! WELL DONE! Lance K. Ching Salutatorian KAMEHAMEHA SCHOOLS BERNICE PAUAHI BISHOP ESTATE Ka Wai Ola 0 OHA, Office of Hawaiian Affairs 711 Kapi'olani Blvd., Suite 500 BULK RATE Honolulu, Hawai'i 96813-5249 U.S. POSTAGE PAID Honolulu, Hawai'i Permit No. 298 .... VOLUME 16, NUMBER 7, IULAI (JULY) 1 9 99 F RON T PAGE NEWS UPDA T ES Hou Hawaiians lose Ninth Circuit appeal state either to limit the use of trust funds to that purpose or Hou file amicus brief in Rice B y Pa ula Durbi n to channel the funds toward satisfying the $600 million In their amicus curiae brief filed in the United States HE NINTH Circuit Court of Appeals has upheld 1995 settlement between the Department of Hawaiian Supreme Court simultaneously with the petitioner's brief, the Hou Hawaiians are asking for a reversal of U. S. District Judge Helen Gilmore's dismissal of Hou Home Lands and the State of Hawai'i. the Ninth Circuit's decision in Rice vs. Cayetano, Hawaiians et al. vs. Benjamin Cayetano et al. ill Its But the Ninth Circuit judges agreed with Judge Gilmore upholding the constitutionality of state limitations opinion published June 6. At issue in the suit against that the federal defendants enjoyed constitutional immuni- restricting the right to participate in OHA's election to variou federal and state officials, including Clayton ty from the Hou' s suit and held that, under the Admission voters of Hawaiian ancestry. IHee in his capacity as OHA trustee and chairman of the Act, the U.S. government did not have a duty to prosecute According to the Hou's attorney, Walter Schoettle, board when the uit was filed, were OHA' s use of trust the state. According to the court, OHA, a state agency for his clients support neither side in Rice. They do agree funds and the duty of the United States to sue the state for purposes of the same sovereign immunity, was also pro- with petitioner Freddy Rice's argument that the election breach of the ceded lands trust. tected from the Hou' s suit for compensation for past is wrong as currently structured. But while Rice; a The Hou Hawaiians, described in the case caption as "a wrongs. OHA's trustees could be sued under federal law Caucasian, wants the election open to all registered Native Hawaiian tribal 'ohana," consist primarily of the for breach of trust, but, said the court, the Admission Act voters, the Hou are asking the Supreme Court to "limit family of the late Kamuela Price who had sued OHA does not tell the state how to "deal with its property." In the qualifications" for voting to Hawaiians of 50 percent unsuccessfully before. In thi most recent complaint, filed other words, while the Hou might have had a right to a blood quantum. Alternatively, rather than just include last year, the Hou claimed that failure to spend ceded land remedy, they had not proved their case. This reduced the with them Hawaiians of less than 50 percent blood, revenues exclusively on homesteads for Native Hawaiians Hou Hawaiians' claim regarding OHA's expenditure of whom his clients claim should not benefit from the pub- lic land trust, Schoettle said, "It would be better to have has resulted in a violation of the Hawai'i Admission Act. trust income to a dispute involving "matters with OHA's everyone vote with no expectation of being beneficia- The Hou wanted the federal defendants to compel the management prerogative." • ri es ." • I COMMENTARY Ceded lands: A negotiation perspective PHOTO: PHOTOPLANT the sale of property for a federal ment amount • HFDC's master-planned com- tions involved transferring a pro B Y Kali Watson prison, and, under Judge Heely's was assessed at munities in Leiali'i (Maui), rata share of the total surface ceded decision, revenues from several between $251 Kapolei and Kealakehe (Kona), ISINFORMATION, VER- lands, based on value, to OHA's hospitals, low-income housing pro- million and areas whose existing infrastructure SUS facts, about the issues ownership and management. This jects, Waikili Duty Free, plus inter- in the ceded land negotia- $305 million. makes for immediate housing reflected both the governor's desire est. Because the decision could be Because of the tions breeds unwarranted potential; to avoid future litigation and reversed after review by the limited cash distrust and opposition. • For cultural and economic pur- OHA's desire to control its own Hawai'i Supreme Court, OHA's Kali Watson, available, OHA MBasically, the negotiations dealt poses, all of Moloka'i's state- destiny. In fact, the framers of our entitlements detailed in Judge OHA staff identified valu- with two entirely separate issues. owned fishponds; 1978 Hawai 'i Constitution antici- Heely's order granting summary attorney able land parcels The first issue concerned money • For possible joint development, pated and authorized such trans- owed the Office of Hawaiian judgment are at risk. So, on the it would accept instead. Examples parcels located near Bishop Estate, fers. Under Section 6, Article xn, advice of Attorney James Duffy, include: Affairs from ceded land revenues. Department of Hawaiian Home the board can "exercise control OHA's board approved negotiating This debt is primarily composed of • Sand Island and Hilo Industri- Lands, Queen Lili 'uokalani Trust over real property set aside by state airport landing·fees proceeds from a fair and realistic settlement. al Parks, with their lucrative rev- and Queen Emma Trust property. During negotiations, the settle- enue streams; The second issue in the negotia- See NEGOTIATIONS on page 5 J u L y 1998 'Aha 'Opio 0 OHA Kia'aina 'Opio (youth Students visit Kaho'olawe to lend a hand in The Queen Lili'uokalani Keiki Hula Festival is governor) Lehuanani Waipa Ah Nee addresses reviving the landscape. See Hawaiian among the July's most popular events. delegates. See story on page 14. language story on page 15. See Calendar on page 17. • 'Elua l ulai (July) '99 TRUSTEES Rowena Akana Hawai'i on holiday. Whilst there, I Lokahi HAIRPERSON & TRUSTEE-AT-LARGE went on a quest for some of my i On Ihe ail' Hannah Kihalani Springer family who, I knew from an enve- LOKAID, according to Mary VICE-CHAIR & TRUSTEE, HAWAI'I Aloha readers. Every Tuesday on lope postmarked Maui found among Kawena Piiku'i, is unity, agreement, Haunani Apoliona KCCN 1420 AM, Keanu and 'Umi my family papers, had gone to unison, harmony, agreement in TRUSTEE-AT-LARGE Sai with sister Kau'i Goodhue pre- Hawai'i in the 1860s. At least three unity. This is what Haunani Apo- A. Frenchy DeSoto sent their "Perspective" radio pro- members went to Hawai' i from liona, Colette Machado and Hannah gram, a rare and enormous leap for- West Kilbride, Scotland where they Springer promised when they ran for ward in the education of our people were all born: George Rae LIND- positions as trustees of the Office of relative to history and understand- SAY, James LINDSAY and Isabella Hawaiian Affairs in 1996. Only ing. Christina Ann LINDSAY. They Hannah Springer is living up to that Hana hou braddas and sistah, as seemed to have settled in Ha'ikii. promise. What we have seen in the you guys have consistently illustrat- George Rae married and had chil- past two years is anything but ed the spirit of 16kahi, addressing dren born in Maui. James never LOKAID! When they were in TRU TEE, 0' AHU the facts as they are: Our treaties of married and I think Isabella did not charge of the board, they cut out all Moses ' Keale ) friendship with the United States; marry. Sadly, I did not have enough the other members of the board and TRUSTEE, K ' A'I & .r.'IHAU Queen Lili'uokalani's yielding to time to do the necessary research on proceeded to run OHA with five Colette Y. Pi'ipl'i" achado the U. S. president, and the fact that Maui. I was hoping to find sur- members. Now with the new lead- TRUSTEE, MOLOK'" l no annexation took place. Also that vivors of George Rae, my great, ership, they complain in article after a joint resolution of Congress has no great uncle. I did find the 1938 obit- article. No sign of LOKAID! Are I uary of James Lindsay which says ADM I N IS T,R AT ION ! effect outside of its own boundaries. they in OHA for themselves or us? You guys have turned the light on he was survived by his sister Miss We don't care about their fighting Randall Ogata / Isabella Lindsay of Ha 'ikii, four ADM1NI.tRATOR sovereignty, and are doing a really with each other. We just want to see lished by the Off{ce of Hawaiian Affairs .. ' good job. Can the Ka Wai ala nieces and two nephews. I also things being done for us. Finally, found the family grave in the Public 1 rmarion Office newspaper give us updates on the we don't care if you like each other Makawao Cemetery showing Isabel- n Mielke KceN perspective show? 'Ohana or not.
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