Posted by Tane on February 24, 2009 at 2:02am in Politics
Hawaii Revised Statutes
1
Titles 1-5
Chapters 1-45
Pursuant to section 12, Act 16, Section Laws of 1968 has been correctly
reproduced therein - Hidehiko Uyenoyama, Revisor of Statutes
Admission Act
An Act to Provide for the Admission of the State of Hawaii into the Union
(Act of March 18, 1959, Pub L 86-3, 73 Stat 4)
[Excerpts from pages 77-79]
Section 4. As a compact with the United States relating to the management and disposition of the Hawaiian homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202,213,219,220 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended on the constitution, or in the manner required for State legislation, but the Hawaiian home-loan fund, the Hawaiian home operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State qualifications of lessees shall not be changed except with the consent of the United States; and (3) that al proceeds andd income from the "available lands", ad {as} defined by said Act, shall be used only in carrying out the provisions of said Act.
Section 5. (a) Except as provided in subsection (c) of this section, ...
(b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other publoic property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.
(c) Any lands... for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be.
(d) Any public lands...
(e) Within five years from the date Hawaii is admitted ... no longer needed by the United States it shall be conveyed to the State of Hawaii.
(f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.
(g) As used in this Act, the term "lands and other properties" includes public lands and other public property, and the term "public lands and other public property" means, and is limited to, the lands and properties that were ceded to teh United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have been acquired in exchange for lands or properties so ceded.
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To me this is how it reads: "Blah blah blah blah blah."
Oiwi never SIGNED to transfer their title to the "state" of Hawai'i nor did they sign to transfer their title to INCLUDE the "general public." Period. End of story. Pau! LOL
It is very upsetting though that some people do not listen to US and some of us are LEGAL HEIRS to this title just as they did not listen to our kupuna when they SIGNED the Ku'e Anti-Annexation Petition. THAT they SIGNED. Transferring their title? NO... they NEVER signed. Always gotta remember the STATUTE OF FRAUDS. IMHO to me that is a key.
I'm not a legal expert but what I understand that from all else above, it is a working tool for the State of Hawaii to continue business as usual. What stood out for me was the following:
The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.
So does this mean it is okay to have a state within a state governance? And by this means then the State of Hawaii has no jurisdiction to dictate actions of the State within them? INTERESTING IF THIS IS SO and I am in understanding of why OHA is pushing for something like this. "State within a State".
Of course as a whole, I DON'T LIKE READING THIS AT ALL...lol - it was BS then and it's BS now due to occupation of our Kingdom.
Last night on TBS I was watching the tail end of hollywood's dramatic take of Hawaii, its history of leprosy and the blubonic plague of Chinatown and excerpts of a revolt, racism and the beginning of the overthrow and jumping right into the annexation - acually had Nalani Stevens playing the role of Queen Lili'uokalani. Charleston Heston played the lead role of the plantation owner - pineapple towards the end. The dynamics were interesting. Our islands were so beautiful then as to open space. It focused on the relationship of Charleston Heston and his relationship with the minority. He was barbaric in nature and it came across in the film. Made me want to behead him like the role of the Queen had protrayed in the film...LOL But I never got to see the name of the movie - I'd have to research it on the internet if it can be found.
The Admission Act is a Fraud on the Rights of the Indigenous Hawaiian people. More so since Statehood, the State of Hawaii has violated the Admission Act. Selling or leasing out lands from the Public Trust for $1.00 for 67 years is a violation of the Trust purposes of the Admission Act. The Native Hawaiian beneficiares of the Admission Act have not benefited from the Admission Act. Notice that the Admission Act does not speak about (a) lands. Lands that were under the administration of the Territory of Hawaii are (a) lands. The Bulk of the Hawaiian Sovereign National Lands of the Hawaiian Kingdom are (a) lands. Does anyone else understands what I am saying on the (a) lands?
Replies
Oiwi never SIGNED to transfer their title to the "state" of Hawai'i nor did they sign to transfer their title to INCLUDE the "general public." Period. End of story. Pau! LOL
It is very upsetting though that some people do not listen to US and some of us are LEGAL HEIRS to this title just as they did not listen to our kupuna when they SIGNED the Ku'e Anti-Annexation Petition. THAT they SIGNED. Transferring their title? NO... they NEVER signed. Always gotta remember the STATUTE OF FRAUDS. IMHO to me that is a key.
All in olelo haole terminology of course ;)
Aloha~~ Lana
The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.
So does this mean it is okay to have a state within a state governance? And by this means then the State of Hawaii has no jurisdiction to dictate actions of the State within them? INTERESTING IF THIS IS SO and I am in understanding of why OHA is pushing for something like this. "State within a State".
Of course as a whole, I DON'T LIKE READING THIS AT ALL...lol - it was BS then and it's BS now due to occupation of our Kingdom.
Last night on TBS I was watching the tail end of hollywood's dramatic take of Hawaii, its history of leprosy and the blubonic plague of Chinatown and excerpts of a revolt, racism and the beginning of the overthrow and jumping right into the annexation - acually had Nalani Stevens playing the role of Queen Lili'uokalani. Charleston Heston played the lead role of the plantation owner - pineapple towards the end. The dynamics were interesting. Our islands were so beautiful then as to open space. It focused on the relationship of Charleston Heston and his relationship with the minority. He was barbaric in nature and it came across in the film. Made me want to behead him like the role of the Queen had protrayed in the film...LOL But I never got to see the name of the movie - I'd have to research it on the internet if it can be found.