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October 23, 2018 by Peter T Young Leave a Comment

First Flight

Elbert Tuttle would often say that the segregation cases were “the easiest cases I ever decided. The constitutional rights were so compelling, and the wrongs were so enormous.”

Tuttle, a Republican, was nominated on July 7, 1954, by President Dwight D. Eisenhower to a new Fifth Circuit seat; he was confirmed by the United States Senate on August 3, 1954 and received commission the next day.

It was Tuttle who, as chief judge of the federal appeals court covering the Deep South, ensured that the promise of the Supreme Court’s desegregation rulings became a reality. (Emanual)

By the time Tuttle became chief judge of the United States Court of Appeals for the Fifth Circuit, he had already led an exceptional life.

He had cofounded a prestigious law firm, earned a Purple Heart in the battle for Okinawa in World War II, and led Republican Party efforts in the early 1950s to establish a viable presence in the South. But it was the intersection of Tuttle’s judicial career with the civil rights movement that thrust him onto history’s stage.

When Tuttle assumed the mantle of chief judge of the Fifth Circuit in 1960, six years had passed since Brown v. Board of Education had been decided but little had changed for black southerners.

In landmark cases relating to voter registration, school desegregation, access to public transportation, and other basic civil liberties, Tuttle’s determination to render justice and his swift, decisive rulings …

… neutralized the delaying tactics of diehard segregationists – including voter registrars, school board members, and governors – who were determined to preserve Jim Crow laws throughout the South. (Emanual)

But this story is about the teenage Tuttle and his brother Malcolm …

Bud Mars is credited as the first man to fly an airplane in Hawaii on December 31, 1910. But it was the Tuttle brothers who were the first to lift off the ground in a homemade glider.

Malcolm and Elbert Tuttle arrived in Honolulu on the SS Sierra, on September 23, 1907. They came with their father and mother, Guy and Margaret Tuttle. Before the boys were born, Guy Tuttle had worked in Washington, D.C. as a clerk in the War Department.

When an opportunity came for him to be transferred to California, to the Los Angeles area, he took it, and he worked there for the U.S. Immigration Service. The Tuttles lived in Pasadena where Malcolm was born on March 20, 1896 and Elbert on July 17, 1897. (Hylton)

The boys entered Punahou School, Elbert in the fifth and Malcolm in the sixth grades. That first year at Punahou gave Elbert a chance to prove how excellent a student he was and earned him the right to skip the sixth grade. Malcolm and Elbert were then to be in the same class through the rest of their school years.

After school let out that first summer, the Tuttle brothers learned how to surf. Their favorite place was Waikiki Beach. In the fall of 1909 the boys turned their attention from the water to the air.

Punahou allowed students to choose and area of study, and Malcolm and Elbert chose aviation. Using silk, bamboo, wire and an electric motor, they constructed a scale model of the Wright Brothers’ 1903 biplane.

Later, following a 1-page ‘How to Build a Practical Glider’ article in their mother’s ‘Woman’s Home Companion’ magazine, they built a forty-pound glider, fifteen feet long and eighteen feet across. Wooden supports separated two overlaid wings, and the lower wing had an opening with arm rests.

On Sunday, October 23, 1910, Elbert and Malcolm Tuttle, ages 13 and 14, carried their glider seven blocks up the street to the Kaimuki Crater, where along Reservoir Avenue the hills sloped into the wind.

Malcolm was ready to try out the new glider, Elbert took hold of the tail and held it up off the ground. Then Malcolm lifted the wings over his head and ran down the hill.

They thought that a long run would be necessary before the glider would fly, but they were wrong. After two or three steps, the aircraft jerked upwards, Elbert let go of the tail, and Malcolm lifted off the ground.

Malcolm’s first attempt to control the glider brought it down quickly. On Malcolm’s third try, he flew the glider ten feet into the air and 40 feet along the ground.

‘Honolulu’s First Bird-Men Take To The Air,’ announced a headline in the Pacific Commercial Advertiser on October 30, 1910. The first page article stated…

“The Tuttle brothers of Honolulu have become the contemporaries of the Wright Brothers of Dayton, Ohio, and their names will be perpetuated in history as the first aviators of the Hawaiian Islands.” (Hylton)

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Tuttle Brothers with Scale Model of 1903 Wright Brothers Biplane-Hylton

October 22, 2018 by Peter T Young 1 Comment

Mission Jubilee

“Fifty years ago it looked like a gigantic task that would require perhaps two centuries to perform, but under the power of God it was effected in half a century. Let this glorious triumph stimulate all evangelical churches to strengthen and enlarge their missionary operations in foreign lands.” (Christian Work, September 1, 1870)

“The fiftieth anniversary of the introduction Christianity into these Islands will be celebrated this year as a jubilee, the Government, through the Minister of Interior, having given public notice that Wednesday, June 15th, will be a national holiday. … A hymn for the occasion has been prepared by Rev. L Lyons, of Hawai‘i”. (Pacific Commercial Advertiser, June 4, 1870)

“The present week having been designated for the observance of the fiftieth anniversary of the landing of the first American Missionaries on Hawaii, in April 1820, the exercises have partaken of a character designed to celebrate the event.”

“The very idea of such a festival stirred up great enthusiasm among the native population, who have been eager to manifest their appreciation of the efforts of the missionaries, and their joy at the improved state; and nearly five hundred dollars were contributed by them during April to aid in the celebration. The exercises opened on Sunday morning, when both the native congregations in this city united at Kawaiahaʻo Church to hear.” (Pacific Commercial Advertiser, June 18, 1870)

“It was fitting, at the close of the half century from the landing of the mission on the Sandwich Islands, should be a formal recognition of God’s signal blessing on the enterprise. A Jubilee celebration was accordingly planned by the Hawaiian Board for some time in the month of June, 1870, the usual time for the annual meeting of the mission; and the Prudential Committee of the American Board, and the English missions in the South Pacific, were invited to be present by their representatives.” (Anderson)

“(T)he king (Kamehameha V) proclaimed Wednesday, June 15th, a national holiday, as it was to be observed in commemoration of ‘the introduction of Christianity into this kingdom, under the auspices and direction of the American Board of Commissioners for Foreign Missions.’” (Christian Work, September 1, 1870)

June 12, 1870

“On Sabbath morning June 12th, the two native congregations in Honolulu united, in the Kawaiaha‘o or great Stone Church, to hear the Rev. Mr. Kuaea, the distinguished native pastor, preach the Jubilee sermon. It was of course in the Hawaiian language. Every seat in the church was occupied, and benches were brought in till all available space was filled. As many as twenty-five hundred persons were seated.”

“At half past ten, the officiating clergymen, seven in number, entered the pulpit; when there was a voluntary skillfully played, by Mrs. Governor Dominis, on the powerful organ belonging to the church.

“After a short prayer by the Rev. B. W. Parker, a hymn in the native language, composed for the occasion, was sung by a choir of fifty Hawaiian singers.” (Anderson)

“Mr. Kuaea’s text was Lev. xxv. 11: ‘A Jubilee shall the fiftieth year be to you.’ The discourse was not less noticeable for its orderly arrangement, than for its matter, and occupied an hour in the delivery, during which the preacher is said not to have referred to note or memorandum of any kind.”

“In the course of his sermon, he called attention to the wonderful change that had been brought about in the short space of half a century. The Hawaiians he said, were a law-abiding, Sabbath-keeping people; and so general was education among them, that it was extremely rare to find a man or woman who could not both read and write.” (Anderson)

“In the evening, members of the royal family, government officials, and foreign ministers, assembled to hear an interesting historical discourse by the Rev. Dr. Damon.”

June 13 and 14, 1870

“The most interesting features of Monday and Tuesday, June 13th and 14th, were the reading of memorial essays by Mrs. Thurston and Mrs. Whitney, the only survivors of the pioneer missionaries. They gave many interesting reminiscences of their life among the natives.” (Christian Work, September 1, 1870) (That church was again filled”. (Anderson)

June 15, 1870

“Wednesday will be a holiday, and the proceedings can best be inferred from these programmes, which have been prepared for the occasion:

Jubilee Procession, June 15th, 10 am
Form at Kawaiaha‘o, at 9 am, under the direction of Major Moehonua, assisted by SB Dole Esq and others
Order of Procession.
Band.
Kawaiaha‘o Sabbath Schools.
Members of the Hawaiian Evangelical Association, and Clergymen of all Denominations.
Hawaiian Mission Children’s Society.
Lahainaluna Alumni.
Members of the Legislature.
Kaumakaplli Sabbath School.
Fort Street and Bethel Sabbath Schools.
Citizens Generally.

The procession will start at 10 am from Kawaiaha‘o Church, move down King to Richards street, up Richards to Beretania, thence to Nu‘uanu and King, and back to Kawaiaha‘o Church”. (Pacific Commercial Advertiser, June 11, 1870)

“On Wednesday, the great day of the week, large numbers of the native men, women, and children, all neatly attired, formed in a grand procession. A detachment of native soldiers joined in the march, and the children of the various Sunday-schools marched together, with flags and banners, making an imposing appearance.”

“(King Kamehameha V) and the various government and foreign officials, were present at the church, where services were held, together – with about 3,000 people, and many more were unable to gain admission.” (Christian Work, September 1, 1870)

“Wednesday was the Jubilee, and a day long to be remembered on these Islands. The people attended in great numbers, and the day was as pleasant as could have been desired. The Kawaiaha‘o was tastefully decorated by the hands of ladies. A procession was formed at ten o’clock. Two companies of infantry and one of cavalry, all native soldiers, did honor to the occasion.”

“The legislature, had adjourned, and the members were in attendance, with the older missionaries, in carriages. The younger ministers, the native preachers and delegates, the faculty of Oahu College, the alumni of Lahainaluna Seminary, and the Mission Children’s Society, added numbers and dignity to the display.”

“But the most interesting feature, of the procession was the array of children from the Sabbath-schools of the two native and two foreign churches of the city, eight hundred in number, all in neat holiday attire, and each school with its beautiful banner. The place of martial music was well supplied by hymns, ringing out in a multitude of harmonious youthful voices.”

“The children occupied the spacious galleries of the church, and the body of the house was filled to repletion by adults. the king then entered, with Queen Emma, queen dowager, and attended by his ministers. He was received by the audience standing, the choir singing a version of ‘God save the King,’ in the Hawaiian language.”

“The scene was impressive. On the front of the gallery was the inscription in evergreen, ‘1820-JUBILEE -1870; and beneath, the national motto ‘Ua mau ka ea o ka aina, i ka pono,’ ‘The, Life of the Land is preserved by Righteousness.’”

“The king sat at the right of the pulpit, and behind him were the members of his cabinet, and the diplomatic representatives of foreign nations. On the left were the missionaries; and a great mass of natives, numbering perhaps three thousand, crowded the edifice; and there was believed to be a greater number outside.”

“After prayer in Hawaiian, by Dr. Lowell Smith, and singing by the choir, Dr. Clark speaking in behalf of the American Board, made remarks; which the Rev. HH Parker, pastor of the native church, translated sentence by sentence into the native tongue.”

“The choir now sang, in Hawaiian, the hymn commencing ‘No mortal eye that land hath seen, Beyond, beyond the river.’ after which addresses were delivered by Hon. C. C. Harris, Minister of Foreign Affairs, the Hon. HA Pierce, American Minister Resident, the Rev. Artemas Bishop, the oldest of the resident missionaries, the Hon. D. Kalākaua, of the House of Nobles, the Hon. Mr. Aholo, of the Legislative Assembly, and the Rev. Mr. Kauwealoha, who had spent the last seventeen years as a missionary at the Marquesas Islands.”

“After the benediction, the assembly retired to the adjoining well-shaded grounds, where a collation was spread … such as had never before been seen on those Islands. His Majesty the King, and Queen Emma, honored the feast by their presence for a brief space.” (Anderson)

“In the afternoon a feast was given, at which nearly 7,000 persons partook, and to which the King made the royal contribution of 10,000 lbs. of poi, 20 hogs, 8 sheep, 400 mullet fishes, 1 bullock, &c.” (Christian Work, 1870) “The king had previously contributed (most of the food) and afterwards he gave a hundred dollars towards expenses.” (Anderson)

“The exercises of the week were participated in by Hawaiian, English, American, and natives of Tahiti and the Marquesas, ‘all freely mingling together and enjoying the profuse hospitality of a genial host.’ Connected with the missionary work are two literary institutions, the Oahu College and the Kawaiaha‘o Female Seminary.”

“From all this may be gathered some idea of the magnitude of the work accomplished by a few missionaries among a heathen and degraded people.” (Christian Work, September 1, 1870)

This is a summary; click HERE for more information on the Mission Jubilee.

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October 21, 2018 by Peter T Young Leave a Comment

O’Connor Task Force

The 100th/442nd arrived at Bruyères, Belmont and Biffontaine, September 29, 1944; after arriving in France, the 442nd Regimental Combat Team joined the 36th Division, as part of the 7th Army. In October 1944, the 442nd reached the outskirts of Bruyères, a quaint little town in northeast France.

The Allies were only 40 miles from Germany. But standing in the way were the Vosges Mountains and a cornered, yet determined German army.

The town lay in a valley bordered by four conical hills that the Allies named A, B, C and D. To take Bruyères, the Nisei had to take the hills. On October 15, under the command of Major General John Dahlquist, the 442nd went into combat.

The Germans had the terrain and the weather on their side. The mountains were more than 1,000 feet high and were covered with tall pines. The fog and the thick underbrush limited visibility to a dozen yards.

For three days, the infantrymen fought back constant German attacks. With the help of artillery fire from the 522nd Field Artillery Battalion, the 100th took Hill A, and the 2nd took Hill B. The 3rd Battalion routed the enemy out of Bruyères, but the Germans still held Hills C and D.

Finally, the 442nd captured Hills C and D. The men began pushing the Germans north, across a railroad embankment and toward the forested area of Belmont. It was here that a K Company soldier shot a German officer and captured a complete set of German defense plans. (Go For Broke)

Using the information in the defense plans, the regimental commander formed a task force comprised of Companies F and L, reserve companies of the leading battalions.

He then placed Major Emmet L. O’Connor, 3d Battalion executive officer, in command, and formed the staff and command group from personnel of regimental and 3d Battalion headquarters.

This task force moved without detection during the night of 20 October to a position in the enemy’s left rear. At dawn of the 21st, the commander launched his attack after a preparation of prearranged fires controlled by a forward observer with the task force. (442)

F and L Companies, led by Major Emmet O’Connor, infiltrated the German lines during the night. At dawn they attacked the enemy from behind, while the 2nd and 3rd Battalions attacked in front. The men were aided by the pinpoint artillery fire of the 522nd. (Go For Broke)

Companies F and L, 442d Regimental Combat Team, were cited for outstanding performance of duty in action on October 21, 1944, in the vicinity of Belmont, France.

“By direction of the President, under the provisions of Section IV, Circular No . 333, War Department, 1943, the following named organizations are cited for outstanding performance of duty in action: Company F. 442d Regimental Combat Team Company L. 442d Regimental Combat Team:

“For outstanding performance of duty in action on 21 October 1944, in the vicinity of Belmont, France. Assigned the mission of assaulting the flank and rear of the resistance which had stopped two frontal attacks by the Combat Team, Companies F and L, 442d Regimental Combat Team, designated the O’Connor Task Force …”

“… launched an attack down the north slope of the wooded ridge, Foret de Belmont. Company L, leading the assault, defeated a security group in a short sharp action, capturing several prisoners.”

“Then, by the prompt use of rifle grenades and mortars, the garrisoned houses just outside the woods were quickly reduced.”

“The capture of these houses was an important factor in the success of the mission, as it gave the Task Force observation of the ground to the enemy’s rear.”

“To complete its work, the Task Force now had to interdict enemy movement, drive a wedge through the forces resisting the Combat Team, and effect a junction with the main force.”

“Heavy casualties were inflicted by artillery fire directed by the Task Force’s forward observer on the enemy positions. Then, assault groups began to clear the defenders from houses to the north of La Broquaine.”

“The capture of these houses not only divided the enemy forces, but made certain that large numbers of the enemy would be trapped between the Task Force and the advancing Combat Team.”

“By mid-afternoon the Task Force and the Combat Team made contact, and what enemy troops were not surrounded were completely routed, thus bringing to a close a plan brilliantly conceived and expertly executed. By the next day the Combat Team had secured the high ridge which dominates Belmont. “

“This ridge was both a protective arc around the recently won communications center of Bruyeres, and an entering wedge in the drive to the Meurthe River.”

“In destroying the enemy Main Line of Resistance and advancing the Divisional front lines by approximately 2000 meters, the Task Force captured fifty-six prisoners, killed eighty of the enemy, and captured considerable quantities of enemy materiel and equipment.”

“The fearless determination, daring and intrepidity displayed by the officers and enlisted men of the O’Connor Task Force exemplify the finest traditions of the Armed Forces of the United States.” (Army Citation of Unit)

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October 20, 2018 by Peter T Young 4 Comments

Charter Fishing

The family hailed from San Diego – four boys, Herbert, William, Jack and Edgar, and older sister Edith. The family patriarch, John, had sailed through the Isthmus of Panama to San Francisco from New Brunswick in 1849 then skippered the schooner Champion for several years along the West Coast.

The boys must have inherited this nautical bent because, at an early age, they were hiring themselves out for fishing trips using a small skiff that they sailed around the bay.

In the summer of 1899, all four boys ran a glass-bottomed boat excursion at Catalina Island. This marked the beginning of the famous glass-bottom boat rides which were to prove of such great interest and profit at Catalina.

“(P)aying customers were wanted, and the make the island a popular vacationing spot the Banning Brothers (the island’s owners) erected tents which could be rented for the season – from May to September.”

“(S)o, we hoisted sail one day, Herb and I, and went to Avalon, Catalina, where we immediately became engaged in taking fishing parties out daily, and conducting excursions to sunken gardens under the sea.”

“Business at Avalon was good. Possibly because we made a practice of taking parties of hotel employees for a moonlight rail several times a month, the guests usually found the ‘Santa Barbara’ most highly recommended and we never lacked for good crowds at two dollars a head on fishing and sailing trips.”

“In 1899 all four of us were on hand at the island. In addition to the marine garden excursions we offered the special attraction of exhibition diving … Herb would dress and go down. Picking up objects as souvenirs and catching brightly colored fish with a butterfly net for various shore aquariums.”

“Not averse to picking up a few dollars here and there, we four would often conduct parties to the sandab grounds. Sandab, a tasty fish and much in demand, were to be caught only in deep water … We caught then on lines with dozens of hooks each …” (William)

Then the Hawaiian Islands attracted their attention, and, as William put it, they “went with high hopes and the spirit of a pioneer toward strange lands and all the beauty of sky and sea in the blue Pacific.” (Herb and William were headed to Hawai‘i.)

“On January 9, 1900, we sailed out of Golden Gate toward the Great adventure …”

Then, on January 19, 1900, 29-year old Herbert and 25-year old William had their first view of Honolulu after a ten-day journey from San Francisco.

Shortly after, Jack, age 18, arrived on October 16, 1900; youngest of all, Edgar, arrived in July 1901 (but being only fifteen at the time, he attended McKinley High School before returning to California to study medicine.)

“For years we had heard tales of Hawaii; now at last we were to see it for ourselves. Every passing hour, every wave curling under our bows brought us so much nearer, and the eyes of youth, straining ahead of the ship, seemed almost to glimpse a palm-fringed shore where life was gay and living carefree.”

They started a charter boat company in Honolulu, for “Pleasure cruise or fishing, between the islands or whatever they want.” (Jack Jr) It was “an early sport fishing (service)”. (Krauss) The ‘Sea Scout’ was their charter boat. (Jack Jr) Some suggest this was the beginning of charter fishing in the Islands.

Looking at pictures “of a woman holding up fish. And a row of men holding up fish. It looks to me like those were people they took out, just like today in Kona you’ve got people standing there with their fish catch. When they corne back, they take their picture.” (Krauss)

They expanded into shark fishing … “Singularly enough, for the first time since I had become fired with the ambition to hunt sharks. I found myself giving little thought to the possibilities of shark fishing among the Islands.”

“The prospect of seeing and living in these elysian isles had unceremoniously overshadowed my original purpose in going there. I was, to put it mildly, all anticipation.” (William)

Shortly after arrival, the boys were “building a boat fitted in the bottom with a cased pane of the finest plate glass procurable, one-fourth of an inch thick. This will be so placed that it can be easily removed, as one of the most important conditions for success is that the glass be perfectly clean.”

“This kind of boat is much used on Catalina island.… With a glass bottomed boat, where the light from above is excluded be a wide awning the bottom may be inspected at from twelve to eighteen fathoms.”

The boys planned “to take passengers out to the reef surrounding the (Honolulu) harbor”. (Pacific Commercial Advertiser, October 31, 1901)

They also added other adventure. “Professor PM Stewart who occupies one of the chairs of language in Cambridge University, England, has had an experience during his visit to Honolulu that probably never came to him before. He went shark fishing”

“On Friday he caught a shark. His wife who has attracted much attention in this city on account of being a very tall striking looking blonde with very ultra English appearance, accompanied him and to catch the first shark.”

“He hooked one shark yesterday morning and drew the shark close to the boat and then started to dispatch the sea wolf with a spade. The weapon was bent and then Professor Stewart took a hatchet to strike the monster. In his excitement the professor struck the line with the hatchet cutting the line and allowing the shark to escape.”

“Later in the day a second shark was caught near the bell buoy. This time the shark was dispatched without cutting the line and was towed in shore. The shark measured about 14 feet in length and was of the man eating variety.”

The boys “have hit on a new scheme for shark fishing. They are able now to take the sharks with a hook and line instead of harpooning them as was done formerly. Some very successful expeditious have been taken out by tile young men.” (Hawaiian Star, June 2, 1906)

They also looked at other fish activities …

It was the idea of Jack … “He has been plying the waters of the bay at all hours of the day and night for many years and had grown so accustomed to seeing the buzzing blue fish leap out of the water as his launch plowed past that he knew, almost to a foot, where every school of flying fish is between the bell buoy and Diamond Head.” (Pacific Commercial Advertiser, August 23, 1910)

“Yesterday a new sport was born; Waikiki bay was the birthplace, and HP Wood of the Hawaii promotion committee was the accoucheur. For the first time in the history of the field and gun were flying fish flushed with a steam launch and shot on the wing.”

“It was a brand new experience in the hunting line that a party of local nimrods and visitors indulged in yesterday morning, an experience that will undoubtedly be shared in by many others before long.”

“Taking pot shots at fish on the wing is sport of the first water, affording plenty of exercise in the good sea air, giving the opportunity for quick shooting, providing for the use of all the alertness contained within a man and being not too hard upon the fish.”

Oh, the boys of this story … the brothers, Herbert, William and Jack formed a company, Young Brothers; it eventually grew over the years into an active interisland freight company. (Jack, the youngest of the Young Brothers is my grandfather.)

In 1999, Saltchuk Resources, Inc of Seattle, Washington, the parent company of Foss Maritime, acquired Young Brothers and selected assets of Hawaiian Tug & Barge. In 2013, Hawaiian Tug & Barge was rebranded and incorporated into the Foss Maritime fleet, while Young Brothers remains a wholly owned subsidiary of Foss.

Currently, Young Brothers is undergoing a fleet modernization initiative to meet neighbor island cargo needs into the next generation. By the end of 2018, Young Brothers will have made capital investments of over $180 million in new vessels and shore-side equipment. (YB)

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Lucas_Tower_in_background-Young Brothers Launch ‘Sea Scout’ in Honolulu Harbor-PPWD-9-3-030-1905

Jack Edgar and Will Young 1903

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Young Brothers shark hunt

Honolulu Harbor Shark-Jack Young-PCA-June 14, 1907

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FLying Fish Shooting-PCA-Aug_23,_1910

October 19, 2018 by Peter T Young Leave a Comment

Waikīkī Beach Agreements

Waikīkī Beach was eroding.

As early as 1901, both the government surveyor and Lili‘uokalani had residences at Waikīkī Beach with walls across their seaward frontages that were in the ocean, blocking public passage along the beach.

Another Waikīkī residence and the Moana Hotel also had portions of their structures similarly situated in the water. By the late-1920s, walls were common along Waikīkī Beach.

A 1927 report by the Engineering Association of Hawai‘i pinpointed seawalls as the primary cause of erosion in Waikīkī. The report concluded that beach nourishment and groins could be used to rebuild the beach.

During the same time period, plans were underway to turn Waikīkī district wetlands into an urban community. The Ala Wai Canal was dredged from 1922 to 1928.

In 1927, the Territorial Legislature authorized Act 273 allowing the Board of Harbor Commissioners to rebuild the eroded beach at Waikīkī. By 1930, the Board of Harbor Commissioners reported on construction progress, which included 11 groins along a portion of the shoreline.

On October 19, 1928, property owners at Waikīkī signed the Waikīkī Beach Reclamation Agreement between the Territory of Hawai‘i and Property Owners – an agreement with the Territory of Hawai‘i to not build any obstructions on what would become Waikīkī Beach.

The agreement was to “forever thereafter keep the beach free and clear of obstructions and open for the use of the public as a bathing beach and for passing over and along the same on foot.”

The Beach Agreement illustrated the need to control and limit seaward development on Waikīkī Beach. The agreement establishes limitations on construction along the beach in response to the proliferation of seawalls and groins in Waikīkī.

The 1928 agreement consists of a) the October 19, 1928 main agreement between the Territory and Waikīkī landowners, b) the October 19, 1928 main agreement between the Territory and the Estate of Bernice Pauahi Bishop and c) The July 5, 1929 Supplemental Agreement between the Territory and Waikīkī landowners.

The agreement provides that the Territory was to use “best efforts” to construct beach area 180-feet seaward for the purpose of beach erosion control together with “maintenance, preservation and restoration thereof as may be necessary from time to time.”

The expanded beach would “be deemed to be natural accretion attached to the abutting property, and title there to shall immediately vest in the owner or owners of the property abutting thereon in proportion to their sea-frontage, subject only to the easement in favor of the public as above stated.”

The private landowners agreed they “will not erect or place on any part of such beach so to be constructed as aforesaid within seventy-five (75) feet of mean highwater mark of such beach as it may exist from time to time …”

“… any building, fence, wall or other structure or obstruction of any kind unless such mean highwater mark shall be more than seventy-five (75) feet from the present line of mean highwater mark.”

The agreement covers the Waikīkī beach area including the area from the Ala Wai Canal to the Elks Club at Diamond Head. The Waikīkī Beach Reclamation Agreement of 1928 gave property owners title to beach fronting their seawalls.

According to the 1928 Waikīkī Beach Reclamation Agreement, no commercial activities are permitted to take place on Waikīkī Beach. All commercial activities originate from private property and people traverse the beach to gain access to the water.

As part of the 1928 Beach Agreement, eleven groins composed of hollow tongue and concrete blocks were built along Waikīkī Beach with the intent of capturing sand. (SOEST)

A lot of the sand to build the beach was brought in to Waikīkī Beach, via ship and barge, from Manhattan Beach, California in the 1920s and 1930s.

As the Manhattan Beach community was developing, it found that excess sand in the beach dunes and it was getting in the way of development there. At the same time, folks in Hawai‘i were in need for sand to cover the rock and coral beach at Waikīkī.

In addition, the segment between the Royal Hawaiian Hotel and the Moana Surfrider (Surfrider-Royal Hawaiian Sector Beach Agreement) is the subject of a separate agreement between the Territory and the subject Waikīkī landowners entered into on May 28, 1965.

State law states that the right of access to Hawai‘i’s shorelines includes the right of transit along the shorelines. (HRS §115-4)

The right of transit along the shoreline exists below (seaward of) the private property line (generally referred to as the “upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.”) (HRS §115-5)

Waikīkī Beach is unique because the State does not own all of the land in front of the Royal Hawaiian, Outrigger Waikīkī and Moana Surfrider hotels.

The 1965 agreement between the State and the hotel landowners gave the owners of the abutting hotels 75-feet of the beach in exchange for cooperation with the State’s proposal to extend Waikīkī Beach up to 120 feet from the existing shoreline.

The abutting private beach land is subject to a 75-foot public right of way for the public to pass along the Beach, sunbathe or do other beach activities. The easement in favor of the public restricts commercial activities in the right-of way.

According to the agreement, the State is responsible for maintaining and policing the easement. This easement would be extinguished upon the State building 75-feet of beach seaward of the existing beach, but since that has never happened, the easement remains in effect. (DLNR)

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