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August 20, 2017 by Peter T Young Leave a Comment

Statehood

The Hawaiʻi Admission Act was signed into law on March 18, 1959; Hawaiʻi became the 50th State on August 21, 1959.

While Hawaiʻi was the 50th State to be admitted into the union on August 21, 1959, Statehood is celebrated annually on the third Friday in August to commemorate the anniversary of the 1959 admission of Hawaiʻi into the Union.

There was a 93.6% voter turnout for the General election – as compared to generally less than 50% in recent times – total turnout for the 2016 primary election was only 34.8% (a new low.)

The statehood vote was near unanimous: ‘Shall Hawaii immediately be admitted into the Union as a State?’ Yes – 132,773 (94.3%;) No – 7,971 (5.7%)

President Eisenhower called it “truly an historic occasion” because for the second time within a year a new state had been admitted.

“All forty-nine states will join in welcoming the new one – Hawaii – to this Union,” he said. “We will wish for her prosperity, security, happiness and a growing closer relationship with all of the other states.”

“We know that she is ready to do her part to make this Union a stronger nation – a stronger people than it was before because of her presence as a full sister to the other forty-nine states. So all of us say to her, ‘good luck.’” (nytimes-com)

“(A)n unplanned service (was) held at Kawaiahaʻo Church. This church is the denomination of the missionaries who came to Hawaii in 1820. A crowd of more than 1,000 people, including the Honorable Neal Blaisdell, mayor of the city and county of Honolulu, gathered and paid respect to the Divine Providence within minutes of the news being received that the bill was passed by the House.”

“The next morning, thanksgiving services were held at this same church. The Reverend Dr. Abraham Akaka, pastor of Kawaiahaʻo Church, gave the sermon, which is included here.” (John A Burns, Delegate to US House of Representatives))

“‘One nation under God, indivisible, with liberty and justice for all’ – these words have a fuller meaning for us this morning in Hawaii. And we have gathered here at Kawaiahaʻo Church to give thanks to God, and to pray for his guidance and protection in the years ahead.” (Reverend Abraham K Akaka; Given on: Friday, March 13, 1959)

Contrary to comments by some, the Crown and Government lands were not ‘stolen’ from the people with Territorial status, Statehood or any other change in governance. Those lands have been consistently recognized as part of the public domain or government property, as decided by the Hawai‘i Supreme Court.

Under the Admission Act, about 1.2-million acres are to “be held by (the) State as a public trust” to promote one or more of five purposes:

  1. support of the public schools and other public educational institutions
  2. betterment of the conditions of native Hawaiians (per the Hawaiian Homes Act, 1920)
  3. development of farm and home ownership on as widespread a basis as possible
  4. making of public improvements
  5. provision of lands for public use

So, as Statehood is celebrated in the Islands, the lands that were in the public domain over the changing levels and entities of government and governance continue to be held in public trust, for all citizens (just as in the times of the constitutional monarchy.)

“Today, one of the deepest needs of mankind is the need to feel a sense of kinship one with another. Truly all mankind belongs together; from the beginning all mankind has been called into being, nourished, watched over by the love of God.”

“So that the real Golden Rule is Aloha. This is the way of life we shall affirm.”

“Let us affirm ever what we really are – for Aloha is the spirit of God at work in you and in me and in the world, uniting what is separated, overcoming darkness and death, bringing new light and life to all who sit in the darkness of fear, guiding the feet of mankind into the way of peace.”

“Thus may our becoming a State mean to our nation and the world, and may it reaffirm that which was planted in us one hundred and thirty-nine years ago: ‘Fear not, for behold I bring you good tidings of great joy, which shall be to all people.’” (Reverend Abraham K Akaka; Given on: Friday, March 13, 1959)

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Filed Under: Ali'i / Chiefs / Governance Tagged With: Hawaii, State, Statehood

August 19, 2017 by Peter T Young Leave a Comment

Glen Rock NJ and Hawaii as 49th State

Glen Rock, N.J., July 6, 1948 (By Wireless) – Hawaii as the coming 49th state was the theme Monday of Glen Rock’s lively and colorful Independence Day pageant and celebration.

This pleasant New Jersey town turned out thousands of residents to see the ceremony and enjoy a big family carnival.

Thousands more motored from nearby towns and villages. Two featured speakers talked about the mid-Pacific territory and statehood.

They were Robert L. Ripley, famed Believe It or Not cartoonist and a recent Honolulu visitor; and Riley H. Allen, editor of the Honolulu Star-Bulletin.

They were present as guests of Glen Rock’s active and energetic Independence Day association. This was the 10th annual pageant staged by the association, and its largest to date.

Hawaiian Music

Charles E. King, noted Hawaii song writer, now a resident of New York, brought down a troupe of Hawaiians from the big city, decorated a truck and he and his troupe stole the show so far as attention in the parade was concerned.

Queen of the visiting troupe was comely Lokelani Putnam. Another Hawaiian was Johnny Kaonohi Pineapple, star of the Johnny Pineapple radio show and a World War II veteran who came back from Germany with medals and honors. He, too, lives in New York.

It was through the efforts of Charles King with the local committee that authentic Hawaiian pageantry was added to the moving tableaus that included Revolutionary War scenes and pantomimes.

All this Hawaiian atmosphere for Glen Rock’s annual patriotic pageant started when John Brogan, foreign manager for King Features Sydnicate, was in Hawaii a few months ago. He liked the islands, and became an enthusiastic supporter of statehood.

He boosted Hawaii

Returning to New York, he talked Hawaii and statehood emphatically. He lives near Glen Rock and talked about Hawaii to Charles F. (Chuck) Buhlman, president of the Independence Day association.

He wrote to Editor Allen about the celebration and the editor wrote to his longtime friend, Charlie King, in New York. And then Mr. King began his preparations to put Hawaii on the pageant map of New Jersey.

While the Honolulu editor was attending a party given for him in New York by Mr. Ripley, the invitation came from Glen Rock for both to take part in the Glen Rock celebration.

So Mr. Ripley drove Mr. Allen over from New York early Monday, both wearing leis, and they were in the speakers’ stand with Chairman Buhlman, Mayor Frederick A. Demarest and the other officials and guests.

The parade, in several well organized sections, passed on three sides of the spacious grounds of Glen Rock’s Central school, and the carnival was staged on the grounds.

8,000 attend

An estimated 8,000 persons attended. There was a “Hawaiian Hut” and many other attractions.

The annual pageant and carnival is self-supporting. It’s a big family affair. The women and girls of the borough contribute much of the materials and most of the labor is volunteer.
Borough Mayor Demarest is vice president of the Biddle Purchasing Co., 280 Broadway, New York. He told Mr. Allen that his firm does a lot of business with Lewers & Cooke and Davies & Co.

Several young men of Glen Rock who served in Hawaii during World War II introduced themselves. They said they’d like to go back to the islands.

Bob Ripley was a big attraction during their brief stay at Glen Rock. Hundreds recognized him. Youngsters swarmed around him or autographs, which he gave with unvarying patience and courtesy.

Incidentally ‘Rip’ likes Hawaii so much he hopes to go out for a longer stay than his one-day stops when, aboard the President Cleveland, he went to the Orient and returned, earlier this year. (All here from Honolulu Star-Bulletin July 6, 1948.)

Glen Rock was settled around a large glacial boulder in a small valley (glen), from which it gets its name. (A plaque was added in 1921 honoring Glen Rock’s WWI veterans and casualties.)

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Glen Rock boulder-GRH&PS-1930s
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Filed Under: Ali'i / Chiefs / Governance Tagged With: 49th State, Glen Rock, Hawaii, State, Statehood, United States

March 7, 2016 by Peter T Young 1 Comment

Claims to the Crown Lands

Under King Kamehameha III, the most important event in the reformation of the land system in Hawai‘i was the separation of the rights of the King, the Chiefs, the Konohiki (land agents) and makaʻāinana (the native tenants.)

More than 240 of the highest ranking Chiefs and Konohiki in the Kingdom joined Kamehameha III in this task (generally referred to as the Great Māhele.) The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848.

Each māhele was in effect a quitclaim agreement; in each māhele for lands for the King, the Chief or the Konohiki signed an agreement: “I hereby agree that this division is good. The lands above written are for the King. I have no more rights therein.”

The King retained all of his private lands as his individual property; one third of the remaining land was to be for the Hawaiian Government; one third for the Chiefs and Konohiki; and one third to be set aside for the tenants, the actual possessors and cultivators of the soil.

The high Chiefs and the lesser Konohiki were required to present their claims before the Land Commission to receive awards for the lands. Until an award for these lands was issued by the Land Commission, title to such lands remained with the government.

In the Māhele, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the ‘government and people’, approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

Kamehameha III divided the lands he reserved for himself into two separate parts; the smaller portion he retained for his personal use (“Crown” lands); the larger portion he gave ‘to the Chiefs and people’ (“Government” lands.)

On June 7, 1848, Kamehameha III approved a Law, passed at the Council House, that listed respective ahupua‘a and ili that were “the private lands of His Majesty Kamehameha III … and said lands shall be regulated and disposed according to his royal will and pleasure subject to the rights of native tenants.”

Another long list of ahupua‘a and ili were noted as “the lands of the Hawaiian Government.” A shorter list of O‘ahu lands were “set apart for the use of the Fort in Honolulu, to be cultivated by soldiers and other tenants under the direction of the Governor of O‘ahu”. (An Act Relating to the Lands of His Majesty the King and the Government, 1848)

For a while, the ‘Crown’ lands were viewed and handled “to be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs and successors forever”. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

Kamehameha IV administered his land in much the same way as his uncle (as if it was his own private property.) In dispositions, Queen Emma joined him, waiving her right of dower in such lands.

Queen Emma was the first to make a claim to the Crown Lands as private property, with the death of Kamehameha IV.

She “claimed that all the property possessed by her late royal husband was his private property” and made claim of dower to one-half of the Crown Lands in the royal domain; the Attorney General opposed her claim, noting they constituted “a Royal Domain annexed to the Hawaiian Crown”.

Kamehameha V responded that he, as “hereditary successor to the throne, shall inherit the entire estate, both real and personal derived from his Majesty Kamehameha III, at his decease, and held by Kamehameha IV, the King lately deceased.”

The Hawai‘i Supreme Court, in deciding the Estate of Kamehameha IV noted, “In 1840 (Kamehameha III) granted the first Constitution by which he declared and established the equality before the law of all his subjects, chiefs, and people alike.”

“By that Constitution, he voluntarily divested himself of some of his powers and attributes as an absolute Ruler, and conferred certain political rights upon his subjects, admitting them to a share with himself in legislation and government. This was the beginning of a government as contradistinguished from the person of the King …”

“… who was thenceforth to be regarded rather as the executive chief and political head of the nation than its absolute governor. Certain kinds of public property began to be recognized as Government property, and not as the King’s.”

The Court noted, “These lands are to be in the perpetual keeping of the Legislative Council (Nobles and Representatives) or in that of the superintendents of said lands, appointed by them from time to time, and shall be regulated, leased, or sold, in accordance with the will of said Nobles and Representatives, for the good of the Hawaiian Government, and to promote the dignity of the Hawaiian Crown.”

The Court found, “while it was clearly the intention of Kamehameha III to protect the lands which he reserved to himself out of the domain which had been acquired by his family through the prowess and skill of his father, the conqueror, from the danger of being treated as public domain or Government property …”

“… it was also his intention to provide that those lands should descend to his heirs and successors, the future wearers of the crown which the conquerer had won; and we understand the act of 7th June, 1848, as having secured both those objects.” (Supreme Court Decision in the Matter of the Estate of Kamehameha IV, 1864)

The Crown Land stayed with the government and dower was acknowledged with Queen Emma, however there was a “settlement of a permanent annuity upon Queen Emma in lieu of her claim of dower in the royal domain.” (Alexander)

This litigation led to legislation which affirmed the decision of the court; on January 3, 1865, Kamehameha V approved an Act of the Legislative Assembly that initially noted …

“the history of said lands shows that they were vested in the King for the purpose of maintaining the Royal State and Dignity; and it is therefore disadvantageous to the public interest that the said lands should be alienated, or the said Royal Domain diminished.”

That 1865 law noted the Crown Lands “shall be henceforth inalienable, and shall descend to the heirs and successors of the Hawaiian Crown forever”.

The Act also noted that, “during the two late reigns, the said Royal Domain has been greatly diminished, and is now charged with mortgages to secure considerable sums of money” – the Law converted the mortgages to bonds. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

On the death of Kamehameha V, his half-sister, Ruth Keʻelikōlani, inherited his private lands, but the Crown Lands were held by the commissioners for the benefit of his successors.

Later (September 13, 1880,) Claus Spreckels purchased from Ruth Keʻelikōlani all her interest or claim in and to the Crown Lands. Rather than taking the issue to court, a compromise and an act was carried through the Legislature of 1882, where Spreckels received the ahupua‘a of Wailuku with ili and quitclaimed any interest in other Crown Lands. (Alexander)

Queen Lili‘uokalani made a claim to Crown Lands as her personal property. Noting, “Her cause of action is predicated upon an alleged ‘vested equitable life interest’ to certain lands described in the petition, known as ‘crown lands,’ of which interest she was divested by the defendants.”

However, the US Court of Claims noted, “It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country.”

The Court concluded, “The crown lands were the resourceful methods of income to sustain, in part at least, the dignity of the office to which they were inseparably attached. When the office ceased to exist they became as other lands of the Sovereignty and passed to the defendants as part and parcel of the public domain.”

“Since 1865, so far as the record before us discloses, the character of the crown lands has not been changed; they have passed to the succeeding monarch. The income, less expense of management, has been used to support the royal office and treated as belonging to the Crown. All other property of the King has uniformly passed to his heirs regardless of his royal successor.”

The Court further noted, “The constitution of the Republic of Hawai‘i, as respects the crown lands, provided as follows: ‘That portion of the public domain heretofore known as crown land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government …” (Lili‘uokalani v The United States, 1910)

Today, abstracting (researching title) government lands is fundamentally different from abstracting private lands. For private lands, owners have a deed that evidences ownership and a title company can trace the ‘chain of title’ at the Bureau of Conveyances by researching the transfers of the land from owner to owner via legal documents.

Instead of a deed or other legal document, the State owns the majority of former crown and government land through passage of laws. Public land title is passed by ‘operation of law.’

Today, there is no paper title for the majority of public lands, i.e., there is no deed showing the State owns it. There is no ‘chain of title’ for the majority of former Crown and Government Lands, since the lands were never conveyed out of the government.

We now generally refer to the Crown and Government Lands as ‘ceded’ lands. Under the Admission Act, about 1.2-million acres are to “be held by (the) State as a public trust” to promote one or more of five purposes:
1. support of the public schools and other public educational institutions
2. betterment of the conditions of native Hawaiians (per the Hawaiian Homes Act, 1920)
3. development of farm and home ownership on as widespread a basis as possible
4. making of public improvements
5. provision of lands for public use

As noted in the earlier discussion of Crown and Government Lands above, these lands, though under the control of changing sovereigns and governments (Kingdom to Provisional Government to Republic to Territory to State,) were in and continue to remain in the ‘public domain’ for the public good.

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Filed Under: Ali'i / Chiefs / Governance Tagged With: Crown Lands, Great Mahele, Hawaii, Kamehameha III, Kamehameha IV, Kamehameha V, Kauikeaouli, Provisional Government, Queen Emma, Queen Liliuokalani, Republic of Hawaii, State, Territory

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