Ka Wai Ol a 0 OHA (The Living Water of OHA) Fall 1983 OHA SUES STATE FOR NATIVE HAWAIIAN REVENUE ENTITLEMENT Ariyoshi Administration Reply: OHA UNCONSTITUTIONAL Papohako Beach, Moloka'i OHA sues for entitlement. A few weeks after OHA filed the lawsuits to force the State to incl ude tion in an effort to obtain a 20% inter- co urt agreement with the State. Papohaku suit, the Attorney General some airport and harbor revenues in est in a parcel of State-owned land on The Ari yosho administration's legal released a formal opinion covering the public land trust. This could in- Molokai. reply to O HA's complaint lists several additional ceded land in which OH clude the propo ed Aloha Tower com- OHA Chairman Joseph Kealoha said defenses. They include the claim that claim entitlement. Ceded land are plex which is to be built on ceded this may be the first of a series of law- the 1978 constitutional amendment tho eta en from the Ha aiian people land. uit in 01 ing ceded land entitlement . which created OHA, and subsequent without compen ation following the Kealoha aid the tate Legi lature re- OH ' claim to the Molokai laws enacted as a result, are themselve O\erthrow of the Hawaiian government peatedly ha informed OH over the property re ults from a law uit in 01 - unconstitutional. in I 93. last three sessions that OHA must de- ing the illegal mining of sand at Papo- Chairman Kealoha called that asser- B tate law, OHA i entitled to 20% pend on its ceded land entitlements to haku West Molokai. That case was set- tion "astounding". He said, "Apparent- of the income generated from the lea e finance badly needed program for tled in 1982 when the State agreed not ly the Attorney General either is un- or di po ition of ceded lands. Hawaiian . "OH ha been placed in to pro ecute Molokai Ranch in return aware of, or find s it convenient to ig- But the Attorney General's opinion an untena ble po ition," he said. Since for land near Ka unakakai. nore, a formal opinion issued by his concludes that Hawaiia ns are not en- the State refu e to negotiate, OHA ha The and it elf is considered ceded own office. T hat opinion clearl y up- titled to any portion of ceded la nd no choice but to seek ju tice and our la nd and OHA contends it therefore is holds the co nstitutionality of the Office re enue generated by state airports or legal entitlements in federal or state entitled to 20% of t he la nd received by of Hawaii an Affairs." The 23-page harbor. The e operation generate mil- court. " the state in compensati on for the sand. document is dated July 8, 1980. lion of dollar in revenue. Kealoha T he Office of Hawaiian Affairs has O HA's suit followed numerous unsuc- said O HA is considering additiona l fil ed suit against the State administra- cessful attempts to reach an out-of- to come. Big Island printmaker Diet- rich Va rez has produced 16 original OLEWNO'FAU pri nts to illustrate the book. When it became a pparent that Bishop Museum needed help, OHA's Trustees agreed to make a rare direct When Bishop Muse um came to OHA enjoyed by people of all age and back- grant to insure the publication of 'Olelo for help se eral months ago, the Trust- grounds. Becau e of it importa nce, o'eau. A check for $30,000 was pre- ee realized this was an appeal which Bi shop Museum intends to promote sented to the Museum during a news could not be ignored. and market 'Olelo o'eau throughout 'Olelo o'eau is the crowning the world. conference. OHA Chairma n Joe Kealoha said, achie ement of our most respected This coll ection of proverbs and Hawaiian scholar, the res ult of more sayings, many appea ring in print for the "Our participation in the publication of ·Mary Kaweua Pukui, Oct. 1957. Camera Ha- Mrs. Pukui's book is a demonstration than 50 years of collecting, translating fi rst time, captures the philosophy, his- waii by Mori Yamada. of the love, res pect and admiration we a nd research. tory, language and humor of our peo- all share for this wise and remarka ble Mrs. Pukui's collection of almost ple. It wi ll enable Hawaiians to better woman. Our congratulatio ns to the 3,000 Hawaiian proverbs and poetical understand their own heritage, and give Museum fo r creating a work of phy- sayings contain the very essence of foreigners an opportunity to become sical as well as spiritual beauty." T rust- Hawaii's people. It provides a rare acquainted with our rich culture. ee Moses Keale, Chairman of the insight into the beliefs, language and The book is to be printed on acid- Budget and Fina nce Committee, called practices of ancient and modern free vellum and bound with exceptional the book "One of the greatest assets Hawaiians. care to insure a volume of lasting which Mrs .. Pukui will leave to the peo- The book is designed to be read and beauty and usefulness fo r generations ple of Hawaii. " T rustee Walter Ritte, said "OHA's gra nt is one example of OFFICE OF HAWAIIAN AFFAIRS the manner in which O HA's Culture 567 So. King Street BULK RATE Plan is being implemented. On a per- U.S. POSTAGE Honolulu, Hawaii 96813' sonal level, 'Olelo No'eau represents for PAID me a way to raise my family in the Honolulu, Hawaii traditional Hawa iian way a nd to instill Permit No. 298 in them the philosophy and values of our kupuna." . \ The book is expected to be available in mid-November. It will be sold at the Museum and various retail outlets throughout the state. Copies a lso will be available through certain non-profit orga nizations as part of their fund raisi ng efforts. 'ao'ao 'elua ( Page 2) Ka Wai Ola 0 OHA (The Living Water of OHA) Fall 1983 Did those sailors and marines just decide on their own one day to arm Chairman's themselves and help overthrow a friendl y, and sovereign government? Well, no. The report admits that U.S. Column Minister Stevens, whose position was comparable to that of Ambassador, re- by J osepb Kealoha quested the commander of the U.S.S. Boston to dispatch the troops. Both the Secretary of State and Secretary of the CONTENTS Navy later were informed of this action and neither repudiated it. DEPARTMENTS It is illogical and contradictory for Chairman's Column ..... .. ..... .. 2 The government of the United States The apology was made to the the U.S. government to accept respon- Editor's Note ......... ... .. ..... 2 has taken the extraordinary step of government of France after it was re- sibility for the behavior of its officials Trustee's Corner . ....... ..... .. 3 apologizing for the illegal and immoral vealed that intelligence officers helped in the Barbie case, while denying Ano Ho'ike ....... .... .. ....... 4 actions of its duly appointed officials. Klaus Barbie, the "Butcher of Lyon", responsibility for the actions of its duly He Mau Ninau Ola ... .. .. ...... .. 6 A representative of the U.S. Justice escape to Bolivia and avoid prosecution appointed representatives in Hawaii Island Notes ............. ..... ... 7 Department stated "This is a matter of after World War II. during the overthrow. 'Olelo Ho'oloha ..... .. ... ... .... 7 decency and of honorable conduct." The Justice Department report said As pointed out in the Study Commis- Staff News . ........ ........ .. ... 8 The actions of the officials are called the "responsible officials" of the United sion's "minority report", "The inter- "incomprehensible and shameful" and a States "interfered with the proper national law of agency recognizes the FEATURES Justice Department memorandum administration of justice." authority of designated officials to act OHA Sues State ... ......... ....... 1 makes the point that the U.S. govern- Now let me quote from another in the name with the power of their 'Olelo No'eau ..... ........ .. .... 1 ment cannot disclaim responsibility for official U.S. government document, the nati9n . The authorizing government Population Survey .. ... ... ...... .. 2 those involved. Those officials, it says so-called "majority report" of the (is) responsible for the actions of its Puna Caves .. ... .. ..... .... 3 " .. were acting within the scope of Native Hawaiians Study Commission. agent - whether it approved or dis- Conference on Crime ...... .. ... ... 4 their official duties. Their actions were " ... Based on the information available approved of such actions." Makahiki . .... .. .... .. .... 4 taken not for personal gain or to shi eld to it, the Commission concluded that The part played by the United States Pu'uhonua .. ...... ........ .... 5 them personally from liability or discip- Minister John L. Stevens and certain in supporting the overthrow of Queen Samoan Flag Day . .... ... .. ... 5 line, but to protect what they believed other individuals occupyi ng positions Liliuokalani, is a 90 year old blot on Royal Hawaiian Band ........ ...... 5 to be the interests of the United States with the U.S. government participated the honor of this country. In order to The Navigators . .. .. ............. 5 Army and the United States govern- in acti vities contributing to the over- remove that blot, the U.S. first must NHLC Convention ...... .. .. ...... 5 ment. Under these circumstance, what- throw of the Hawaiian monarchy on acknowledge responsibility for the South Pacific Games .... .. ... ... ... 6 ever may be their personal culpability, January 17 , 1893. The Commission was actions of its officials in 1893 . Civic Clubs Convention .... ........ 8 the United States government cannot una ble to conclude that these activities In a few months, the Congress of the New Kupuna ..........