Forward! Imua Kamehameha E'
By Clifford Kapono For most Na Kanaka who look to work in concert with US Law, we find the convoluted language of haole legislation to be a narration of total duplicity. While the letter of the haole law is exact by specific limitations, parallel reasoning or legal logic provides an allowance for reversal outcome(s). Example being: A kills B unintentionally; so A is prosecuted on the lesser charge of manslaughter as opposed premeditated murder in the first degree. Does anybody ask the family of the deceased how that makes a difference? With respect to our land, why is it that the haole labels our land with their legal definition using our terms ie., Crown Lands, Government Lands and Alii Land. Has not an illusion been created by this convenient sleight of hand? And is this verbal gymnastic of twist and turns, how is it that our land somehow becomes the recognized property of the intruder by an alleged treaty even though no treaty can be produced as evidence? Example being: A steals land from B; so B takes A to court and the court tells B, “Your land wasnʻt stolen is was ceded.” When B ask to see the treaty that allows for the cessation of his land. The court cites a date of ratification of the alleged treaty but canʻt produce the physical treaty in question as physical evidence. Is anybody asking those Hawaiians homeless in Hawaii how that makes a difference? Come now, the layers of bullshit ie., OHA, DHHL, KSBE, QLCC, Queens Hospital, along with a long list of other quasi agencies of duplicity branded as “Hawaiian” that allude to assisting Hawaiians in their mission statement. Everyone throws OHA and DHHL under the bus because of their flagrant screw ups, that are notoriously embarrassing and extremely costly to the Na Kanaka Community but are rarely prosecuted for misappropriation of trust and/or negligence simply because the state of confusion stands behind it and everyone knows they are confused. So these poʻe lolo are exonerated by their historical and proven nature of ineptness? When Na Kanaka seek adjudication through the federal appellate court, we are reminded that the law that speaks to native Hawaiian efficacy is bifurcated which we interpret as being coerced. Example being: A, born and raised as Hawaiʻi applies to DHHL for land lease and B, the state of confusion says A is not a native Hawaiian by haole definition as detailed in HHC Act 1920 a haole law at the federal level. Anybody asking the haole in Washington DC how they know what a Kanaka Maoli is? So what about Kamehameha Schools Bishop Estate? Are they another mirror image of the state of confusion only with more money? KSBE was setup as a Trust, so what does that mean? It means that the haole Charles Reed Bishop set up a Precatory Trust from Puahiʻs Will where the language of the KS Trust was not subject to a mandatory execution of the intent and language of her will, as in “All the children of Hawaiʻi are to be educated” to be cared out without exception at the expense of KSBE. A Precatory Trust manipulates the interest derived from the asset in a loose knit approach without specificity. Herein, na haole benefit from na kanaka land based assets at KSBE. Example being: A, is a kanaka maoli who applies to Kamehameha Schools and is rejected by B, the administration at KSBE. B however, gives hundreds of millions of dollars to the state for preschool education under the guise of Princess Puahiʻs will, “to educate the children”. Anybody asking those Kanaka parents in the lower economic strata of Hawaii why their kids arenʻt accepted to Kamehameha as beneficiaries of the KSBE Trust? In summary, those who have fortunately benefited from any of these kanaka trusts consider themselves to be blessed and rightfully so, because of the high rejection rate of these agencies where those benefiting should not be the exception but the norm. The net effect of this discriminatory practice leaves those benefiting to believe, that somehow they are exclusive, being played off as royalty as in an Aliʻi Status of “my shit donʻt stink”. Herein, the divisiveness in the Kanaka Community becomes wrongfully managed internally by those with and without benefit. We are being played. Itʻs the intruder that constantly decides for our community. They are the generator of the impetus that results in our predictable negative outcomes for their predictable profitable benefit . Wise up kanaka………. jus sayʻn©