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January 14, 2016 by Peter T Young Leave a Comment

Bull Pen

Betty Jean O’Hara was “born in Chicago, Illinois in 1913, the year preceding the 1st World War. The early years of (her) life were happy and normal. Being the only child of a physician, (she) was given the best schooling in preparation for a career.”

“(Her) parents were Catholic, and were strict in the regimentation of (her) life. (She) was permitted however to attend parties and movies with other children (her) age.”

At about the age of 16, she met a girl and her boyfriend at a party. The girl was covered in fine jewelry and nice clothes. Young, and easily led, she “agreed to their sordid plans and went into the business of the ‘oldest profession.’” A month later, she left home and headed to San Francisco. (O’Hara)

“Jean O’Hara was a pretty girl who became a handsome woman. She was ‘black Irish,’ fair-skinned with a clear complexion which set off her dark eyes, raven hair, and even her features. She stood about 5’4” and at 120 pounds was slender by that era’s standards. Her good looks and classy bearing would serve her well.” (Bailey & Farber)

“(O’Hara) got used to the fast money.”

“(She) started working in one of the better class houses, and (she) became definitely committed to the practice of prostitution. (Her) father and mother tried every means available to frighten (her) into going home …”

“… but being headstrong, and enticed by the seemingly fabulous earnings (she) resisted their every attempt. Although (she) actually loathed the life, (her) sense of shame and sin aroused in (her) a perverse independence.” (O’Hara)

In mid-1938, O’Hara arrived in Honolulu from San Francisco.

There was an unofficial system of regulated prostitution in the Islands, with the also unofficial sanction of the military. Army military police and the Navy shore patrol helped monitor it.

All girls had to live in the houses where they worked; no white girls were allowed on the other side of River Street. The Army, Navy, and civilian police picketed any house violating the rules, and no man could enter it. According to the agreement, the civil police regulated prostitution “with full cooperation by the Army and Navy.” (Greer)

“The business of procuring girls to work in the brothels, or “factories”, before the war (WWII,) was usually handled by the same … “procurer.” He handled nothing but the transportation of the girls. … The fee for procuring a girl from the mainland rage(d) from $500 to $1,000 depending on the looks and the capability of the girl.” (O’Hara)

A detective would meet the ships coming in and the girls were taken to the ‘receiving station.’ (In O’Hara’s case, that was the Blaisdell Hotel on Fort Street.) The girls were explained the rules – in no uncertain terms, the girls were told that any violation of the rules meant banishment from the Territory.

All of the girls have a Territorial tax book and a Territorial license (they were licensed as ‘entertainers,’) which cost each $1 per year. In addition, every month the Vice Squad would collect an unofficial tax of $30 per girl from the brothels.

The girls paid Federal income taxes, as well as state taxes. “It has been said that (the) girls and Madames are the heaviest tax payers in Honolulu. … Each girl in Honolulu can average from $4,000 per month to $5,000 per month. … Taxes are collected by the Madame of the house, who also files the returns for them.” (O’Hara)

Before WWII, the girls usually started to work around 1 pm, and ended around 5 am. The ‘blackout’ during the war meant they worked from 8 am to noon.

“Very few girls made under a $100 a day, some of these double that and some of them made over $300 a day. It all depends upon the girl. She can make as much as she wants.”

“The price charged is $3.00 per date. Of this, the Madame gets one dollar. Out of the remaining two dollars, the girl must pay the Madame for her room and board and laundry.” (O’Hara)

The Madames were women from the mainland. Although prostitution was not legal, they needed permission from the local Police before operating.

When WWII broke out, and martial law was in effect, the military called the shots (1941-1943.) A “substantial number” of prostitutes were brought to Honolulu from the mainland under military priorities – a common rumor – and that under military government prostitution “flourished.” (Greer)

Most brothels required girls to see at least 100 men a day and to work at least 20 days per month.

To speed things along, O’Hara is credited with inventing the ‘bull pen’ system where a single prostitute would work three rooms in rotation (including maid service.)

In one room a man would be undressing, in a second room the prostitute would be having sex, and in the third room the man would be dressing. (The guy had three minutes to achieve release, after which she said ‘aloha’ and was off to the next room while he washed up and got dressed.) (McNeill)

After a few months’ work in a Hotel Street brothel, she had amassed a sizable bankroll. She leased a house near Waikiki Beach with a friend.

“The life of a prostitute is not an easy one, and the stringent rules of the Honolulu Police Department, headed by Chief of Police Gabrielson, left her no more freedom that a prisoner.”

O’Hara broke the rules (often) and ended up getting the regular attention of the Police, including Gabrielson. She was fined, imprisoned and beat black and blue, with two broken ribs.

O’Hara filed a $100,000 lawsuit in 1941 against the Police department for her two broken ribs and black eyes. The lawsuit was dropped, but conflicts with the Police continued.

O’Hara later married a ‘local boy’ and quit the business. She was a prostitute for 13-years, and temporarily was a Madame. She had homes in Waikiki and Pacific Heights.

After leaving the brothels, “(her) only desire (was) to live a useful family life, and help others to live and let live, as one resurrected from the sordid flesh mines of humanity.”

In 1944, she wrote a booklet, ‘My Life as a Honolulu Prostitute.’ She died in 1973. (Lots of information here is from that booklet.)

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Jean_OHara
Jean_OHara
My Life as a Honolulu Prostitute
My Life as a Honolulu Prostitute
Honolulu_Harlot-Jean_OHara
Honolulu_Harlot-Jean_OHara

Filed Under: General, Military, Economy Tagged With: Hawaii, Prostitution, Betty Jean Ohara

January 13, 2016 by Peter T Young Leave a Comment

Cats and Dogs

“I saw cats – Tom cats, Mary Ann cats, long-tailed cats, bobtail cats, blind cats, one-eyed cats, walleyed cats, cross-eyed cats, gray cats, black cats, white cats, yellow cats, striped cats, spotted cats, tame cats, wild cats, singed cats …”

“… individual cats, groups of cats, platoons of cats, companies of cats, regiments of cats, armies of cats, multitudes of cats, millions of cats, and all of them sleek, fat, lazy, and sound asleep”. (Twain, April 19, 1866)

They had taxed the cats, but dropped that in 1851. Let’s look back …

“The history of taxation in Hawaii is very brief. … Taxes were summarily levied on what was nearest and most convenient. … In 1850 all taxes, except labor, were made payable in money.”

“A chattel tax, which was really a tax on personal property, as well as a specific tax on cattle, horses, mules, asses, cats and dogs was, by said act, also provided.”

“Cats and dogs not useful in guarding flocks, herds or households were taxed $1 each. All other chattels, etc., were taxed 2 per cent ad valorem.” (Castle)

“All dogs and cats shall be subject to an annual tax of one rial per head, payable to the tax-gatherer previously to the first of January of each year; otherwise they must be killed.” (Laws Passed by the Annual Council of the Hawaiian Nobles and Representatives, Lahaina, 1843)

“It shall in like manner be incumbent upon all owners of cattle, horses, mules, asses, cats and dogs on or before the first day of December, to file with the governor of the island in which they happen to be, a true statement of the number owned by them respectively attested as aforesaid.” (Chattel Tax in Statute Laws, 1846)

“(T)hinking the horse and dog tax to which we are subject in these Islands not only heavy but unusual, I have to my surprise found out they paid in England the following taxes for 1850, and I presume for every year. Dog Tax – For every greyhound, $5.00, For every other dog, where two or more are kept, $3.50.” (Polynesian, January 10, 1852)

However, in 1851 the cat tax was dropped, “That all laws of this kingdom imposing any tax on cats be and the same are hereby repealed. … The tax of one dollar on dogs shall remain”. (Approved by the King, July 11, 1851)

When William Root Bliss visited Honolulu in 1873, he discovered that what should have been a quiet port city had been transformed into a noisy, yowling place by the pets of its residents. “Every family keeps at least one dog; every native family a brace of cats.”

The dogs would then begin to howl, joined by the cats who protest with “every vowel sound in the Hawaiian language.” It was impossible, he wrote, for him to sleep. (Bliss; Amanda)

Mormon missionary Joseph Fielding Smith (later LDS Church President,) in particular, noted their presence in his diaries. With few exceptions, he wrote in his July 4th, 1856 journal entry, “hoges, doges, cates and they live together.” (Smith; Amanda)

“I cannot account for the apathy of this community, in relation to the numerous and increasing fierce foreign dogs allowed to range about, or not safely secured in their owners’ yards.”

“I think it is a scandalous thing that those whose duty it is to see their salary paid, do not see the other part of their duty, to look after these animals and report them to the Magistrate, as often as they are loose or their chain too near the door path.”

“Dogs ought not to be allowed their liberty in any yard, that will seize a person approaching the house in the day time. If the owners do not wish visitors, let them notify that they keep a savage dog within, to prevent calls.” (Letter to the Editor, March 12, 1857)

“… and if any dog shall injure or destroy any sheep or cattle, goats, hogs, fowls or other property belonging to any person other than the owner of such dog, the owner shall be liable in damages to the person injured, for the value of the property so injured or destroyed …”

“… and it shall be the duty of the owner to confine or destroy such dog, and if he neglects – or refuse to do so, he shall in event of any further damage being done to the person or property of any person, by such dog …”

“… in addition to paying the person injured for such damage, pay the cost of the trial, together with a fine often dollars or in default of the payment of such fine, be imprisoned at hard labor for the term of thirty days, and it shall be lawful for any other person to destroy said dog.” (Approved by the King, July 11, 1851)

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Cat and Dog; Shutterstock ID 119617003; PO: The Huffington Post; Job: The Huffington Post; Client: The Huffington Post; Other: The Huffington Post
Cat and Dog; Shutterstock ID 119617003; PO: The Huffington Post; Job: The Huffington Post; Client: The Huffington Post; Other: The Huffington Post

Filed Under: General Tagged With: Cats, Dogs, Tax, Hawaii

January 11, 2016 by Peter T Young Leave a Comment

Flying for Fun

“(Flying) may not be all plain sailing … But the fun of it is worth the price.” (Putnam, The Fun Of It)

Five hundred enjoyed Mrs Putnam’s free lecture through the University Extension Service, University of Hawaiʻi – titled, ‘Flying for Fun.”

It was an interesting subject back then, only a few short years after Charles Lindberg first flew solo over the Atlantic. (She repeated the feat on the fifth anniversary of Lindbergh’s solo flight.)

‘Flying for fun’ (sport aviation) is basically flying for some purpose other than transportation or business (relaxation, hobby, competition, racing or thrill.) (CAP)

“I attempted to fly across the Atlantic ocean for my own person satisfaction. My flight added nothing to aviation. Literally hundreds of persons have crossed the Atlantic by aircraft, and one flight adds little to the starting sum total.”

“If my flight interested women to learn to fly as pilots or to fly as passengers on air lines, or to let their husbands and children fly as passengers, or to let their children embark on careers aeronautical engineers, then I think that my flight was worth while.” (Mrs Putnam, Rockford Morning Star, 02-15-1935; Genealogy Trails)

“A charming personality combined with a graciousness and ability in speaking to an audience as well as to the individual are paradoxically the qualities that the pioneering American woman flyer … possesses. In addition to these, her love for beauty is so real that she believes the lure of flying is the lure of beauty.”

She “described vividly and picturesquely her flight over the Pacific ocean, adding to her gift for pantomime a power of description and a true sense of humor that struck an immediate response in her audience.”

She insists “that the only reason for the flights was her own wish to fly. In this connection she said, ‘Women must often do for themselves what men have already done, and I look for the day to come when individual aptitude instead of sex will be the criterion for holding any job.’” (Daily Illini, March 22, 1935)

“I have long been interested in the comparative skills between the sexes. I have watched the flawless coordination of women champion drivers and I have watched the control and precision of women factory hands as they do work no man does (whether this should be ‘can do’ or not, I do not know)…”

“… and I wonder why the creatures who can with training perform these diverse tasks, and a hundred others, so excellently, should be balked by a contraption with an engine and four wheels or one with an engine and a couple of wings.” (Putnam to Wiggam, 1932)

She was rarely out of public view. In the many images of her after 1928, she appears as the epitome of grace and poise. During the years that America was in the grip of the Great Depression, she provided the nation with a sense of hope and optimism about its future.

After discovering the joy of flying, she came to see the airplane as her one true home. There she could escape, challenge herself, break records, and inspire others who longed to lead independent lives.

Although she was a vocal advocate for women’s rights and the future of aviation, she preferred being in the cockpit of a plane to anywhere else. She seemed to be happiest when flying an airplane. (Smithsonian)

At 4:44 pm, January 11, 1935, Putnam took off from Wheeler Field on Oʻahu for Oakland, California on a trans-Pacific flight never made solo before.

It was just one year prior that Commander M. Ginnis led his flight of six seaplanes from the West Coast to Hawaii. Now a woman was doing it in reverse, flying in one airplane, with one engine, and no other person aboard. (hawaii-gov)

A crowd of less than 1,000 was on hand to see the take-off. “Mr. Putnam was worried and perspiring as the plane got into the air. ‘I would rather have a baby,’ he said.”

“Despite the bad weather in the Schofield Barracks area, which included a drizzling rain and a muddy field, (Putnam) decided that conditions for her 2,400-mile cruise which she had planned ever since her arrival here two weeks ago, were right.”

“Everything fine; weather fair,” she radioed to Honolulu. (NYTimes, January 11, 1935)

The scene at Oakland Airport was a contrast to the Wheeler point of departure, as 5,000 people lined the field to offer a tumultuous reception for the first human to fly solo and non-stop over one ocean and 2,000 miles over another.

The West Coast appeared to the pilot twice in error, each time turning out to be cloud shadows on the water’s surface. The third time, however, was land.

Then she sighted the landing field and the hundreds of honking cars. The time was 12:50 pm, January 12, 1935. Some 2,090 nautical miles from Wheeler Field – 18 hours and 15 minutes later – she settled into a perfect landing in the California airport.

A brilliant success, the flight was accomplished by a flyer whose only motivation was the love of flying, and a desire to contribute trail-blazing marks to the world. (hawaii-gov)

Oh … we generally refer to Mrs George Palmer Putnam as Amelia Earhart. Today is the anniversary of her historic solo flight from Hawaiʻi to the continent, the first person, man or woman, to do so.

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Amelia Earhart poses in front of her airplane in Wheeler Field, Hawaii, on January 4, 1935-NatlGeographic
Amelia Earhart poses in front of her airplane in Wheeler Field, Hawaii, on January 4, 1935-NatlGeographic
Amelia Earhart arrives in Hawaii on the Lurline, sailing past Aloha Tower on 12-27-1934
Amelia Earhart arrives in Hawaii on the Lurline, sailing past Aloha Tower on 12-27-1934
Amelia Earhart's plans to fly solo from Hawaii to the U.S. shipped her plane from Los Angeles on December 23, 1934-NatlGeographic
Amelia Earhart’s plans to fly solo from Hawaii to the U.S. shipped her plane from Los Angeles on December 23, 1934-NatlGeographic
George Palmer Putnam and Amelia Earhart Putnam
George Palmer Putnam and Amelia Earhart Putnam
Flower leis drape Amelia Earhart in Honolulu on January 3, 1935-NatlGeographic
Flower leis drape Amelia Earhart in Honolulu on January 3, 1935-NatlGeographic
Eating pineapple with Duke Kahanamoku-January 11, 1935-NatlGeographic
Eating pineapple with Duke Kahanamoku-January 11, 1935-NatlGeographic
Amelia Earhart & husband George Putnam are serenaded by Royal Hawaiian Hotel musicians 1-2-1935
Amelia Earhart & husband George Putnam are serenaded by Royal Hawaiian Hotel musicians 1-2-1935
Amelia Earhart 1935
Amelia Earhart 1935
Amelia Earhart delivers a lecture at University of Hawaii 1-2-1935.
Amelia Earhart delivers a lecture at University of Hawaii 1-2-1935.
Pilot Amelia Earhart readies her plane at Wheeler Field, Hawaii, for a flight across some Pacific islands-NatlGeographic
Pilot Amelia Earhart readies her plane at Wheeler Field, Hawaii, for a flight across some Pacific islands-NatlGeographic
Amelia Earhart is showered with flowers-the first person to successfully fly from Hawaii to California-NatlGeographic
Amelia Earhart is showered with flowers-the first person to successfully fly from Hawaii to California-NatlGeographic
Amelia Earhart Memorial-plaque
Amelia Earhart Memorial-plaque
Amelia Earhart Memorial-plaque
Amelia Earhart Memorial-plaque

Filed Under: Prominent People Tagged With: Hawaii, Amelia Earhart

January 10, 2016 by Peter T Young 1 Comment

Oʻahu Charity School

Andrew Johnstone, born in Dundee, Scotland in 1794, came to the US in 1813; he and his wife (Rebecca Worth Johnstone) were members of the Fourth Company of missionaries to the Islands, arriving on June 7, 1831. (Mission Houses)

The missionaries stationed at Honolulu were overwhelmed with working with the native Hawaiian population, preaching, translating the Bible, preparing text books and superintending the Hawaiians in schools. (Alexander)

The missionaries taught their lessons in Hawaiian to the Hawaiians, rather than English. In part, the mission did not want to create a separate caste and portion of the community as English-speaking Hawaiians.

Johnstone, by a previous understanding, devoted part of his time to visiting seamen and distributing Bibles and other books among them. During one of these visits, he met the 12 or 14-year-old son of Captain Carter, commanding the English Cutter ‘William Little’ then in port.

Johnstone offered young Carter some books and invited him to his house; in a day or two he brought with him another lad, the son of a foreign resident, who asked Johnstone to teach him to read.

Johnstone agreed, and very soon one and another boy came asking the same favor, to the point where a regular class was formed. (Alexander)

Meanwhile, “(m)arriages between foreigners and Hawaiians appear of late to be rapidly increasing, and it has been the custom of many parents to send their offspring to the United States to receive an education.” (Polynesian, April 10, 1841)

Some of the parents of half-Hawaiian/half-foreign children wanted their children to learn the English language. There was an evident and growing need for an English language school. (Polynesian, April 10, 1841)

Soon, a subscription was opened to raise funds for the creation of a school house for the instruction of English-speaking children. Generous donations were made by some of the residents, and an orphan-school fund was created. This led to the establishment of the ‘Oʻahu Charity School.’

The missionaries supported Johnstone’s efforts at their June 1832 ‘General Meeting,’ resolving “That the Mission approve of Mr and Mrs Johnstone’s continuing their attention to the instruction of the children of foreigners, making annually such a report to the Mission of the school and their labors, as is required of the rest of our number in our respective spheres of action.”

The King granted a lot for the school in an area of Honolulu known as Mililani. On September 3, 1832, the subscribers met and approved the construction of a schoolhouse. (Polynesian, April 10, 1841)

“It is a neat substantial building of stone, 56 feet long and 26 feet wide, fitted up with benches, and other conveniences, for a school-room”. (Sailor’s Magazine, August 1838) (It stood in a lane running from King to Queen Street near the Waikiki end of the Judiciary building. (Goodale))

“On looking around the room, it appeared well furnished with cards, maps, books, slates, &c, of an excellent character and in sufficient variety.” (Polynesian, November 14, 1840)

“Thirty five children of both sexes having been admitted, the school was opened on the 10th Jan. 1833. … The children were all beginners, and nearly all entirely ignorant of the language of their teachers.” (Polynesian, April 10, 1841)

“Until the establishment of this institution, the education of (the children of Hawaiian mothers and foreign fathers) was almost entirely neglected, but now they appear to be in a fair way to become fitted for stations of usefulness and respectability in life.) (Polynesian, November 14, 1840)

Oʻahu Charity School was the first school in the Islands and the first school on the Pacific where the English language was used (it was one of six English language schools west of the Rockies.) In fact, it received pupils from the US, Alaska and Mexico. (NEA, February 1922)

In 1842, nine boys from the best families of California were sent here to be educated at the Oʻahu Charity School. One of these boys was José Antonio Romualdo Pacheco, Jr. He came to the Islands when he was 7-years old, and was in the Islands for five years. He later became the 12th-Governor of American California.

The School continued to increase in numbers and usefulness; however, there was a falling out and the Johnstones left (January 22, 1844) and formed their own school.

During the years Pacheco attended the School, its good reputation and numbers steadily increased. Students were arriving from the Russian settlement of Kamchatka, while others were coming from California and the other Hawaiian Islands.

The school had dormitories for the students who were either orphans or who had been sent from distant places. The curriculum was comprehensive and substantial, including classes to teach the Hawaiian language, writing, reading, mathematics, sciences, the arts and geography. (Hartmann & Wright)

Later, other schools offered English language education. Oʻahu Charity School experienced financial difficulties, with the rise of various competing private schools, and in 1851 was provided with public assistance.

A special tax was imposed on all foreigners of legal age residing in Honolulu: $3 for every individual without children, and $5 for every individual having children within the school age. This plan met with general approval. (Alexander)

The school’s name then changed to the Town Free School, but its board maintained control over the school until 1859, when it passed into the Superintendent of School’s domain. (NPS)

In 1865, the Board of Education split the school into separate boys and girls (the Town Free School became Mililani Girls School.) In 1874, that school closed and the girls went to a new school called Pohukaina. (Alexander)

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Oahu Charity School-MissionHouses
Oahu Charity School-MissionHouses
Oahu Charity School-Sailor's Journal-Aug_1838
Oahu Charity School-Sailor’s Journal-Aug_1838
Oahu Charity School-Emmert-1854
Oahu Charity School-Emmert-1854

Filed Under: Schools Tagged With: Hawaii, Missionaries, Oahu Charity School ., Andrew Johnson, Town Free School

January 9, 2016 by Peter T Young Leave a Comment

The Apology & the Supreme Court

On March 31, 2009, the Supreme Court of the United States reversed the Hawaiʻi Supreme Court and rendered a decision on a case between the State of Hawaiʻi and OHA relating to the transfer of ceded lands.

In that decision, the US Supreme Court discusses the 1993 ‘Apology’ Resolution, as well as makes references to Hawaiian Sovereignty. The following are quotes from the US Supreme Court decision:

“In 1893, ‘[a] so-called Committee of Safety, a group of professionals and businessmen, with the active assistance of John Stevens, the United States Minister to Hawai‘i, acting with the United States Armed Forces, replaced the [Hawaiian] monarchy with a provisional government.’ ‘That government sought annexation by the United States’ (Newlands Resolution).”

“Pursuant to the Newlands Resolution, the Republic of Hawai‘i ‘cede[d] absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind’ and further ‘cede[d] and transfer[red] to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining’ (hereinafter ceded lands).”

“The Newlands Resolution further provided that all ‘property and rights’ in the ceded lands ‘are vested in the United States of America.’” “Two years later, Congress established a government for the Territory of Hawai‘i. … The Organic Act reiterated the Newlands Resolution and made clear that the new Territory consisted of the land that the United States acquired in ‘absolute fee’ under that resolution.”

“In 1959, Congress admitted Hawai‘i to the Union (hereinafter Admission Act). Under the Admission Act, with exceptions not relevant here, ‘the United States grant[ed] to the State of Hawai‘i, effective upon its admission into the Union, the United States’ title to all the public lands and other public property within the boundaries of the State of Hawai‘i, title to which is held by the United States immediately prior to its admission into the Union.’”

“Hawai‘i state law also authorizes the State to use or sell the ceded lands, provided the proceeds are held in trust for Hawaiian citizens. In 1993, Congress’ joint Apology Resolution “apologize[d]” for this country’s role in overthrowing the Hawaiian monarchy, and declared that nothing in the resolution was ‘intended to serve as a settlement of any claims against the United States.’”

“In 1993, Congress enacted a joint resolution ‘to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawai‘i, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawai‘i and the United Church of Christ with Native Hawaiians.’ Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawai‘i, … (hereinafter Apology Resolution).”

“Turning to the merits, we must decide whether the Apology Resolution ‘strips Hawai‘i of its sovereign authority to sell, exchange, or transfer’ the lands that the United States held in “absolute fee” and “grant[ed] to the State of Hawai‘i, effective upon its admission into the Union”. We conclude that the Apology Resolution has no such effect.”

“The Apology Resolution did not strip Hawai‘i of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union.”

“The resolution’s first substantive provision uses six verbs, all of which are conciliatory or precatory. Specifically, Congress ‘acknowledge[d] the historical significance’ of the monarchy’s over-throw, ‘recognize[d] and commend[ed] efforts of reconciliation’ with native Hawaiians, ‘apologize[d] to [n]ative Hawaiians’ for the overthrow, ‘expresse[d] [Congress’s] commitment to acknowledge the ramifications of the overthrow,’ and ‘urge[d] the President … to also acknowledge [those]ramifications’.”

“Such terms are not the kind that Congress uses to create substantive rights – especially those that are enforceable against the cosovereign States.”

“The Apology Resolution’s second and final substantive provision is a disclaimer, which provides: ‘Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.’ By its terms, speaks only to those who may or may not have ‘claims against the United States.’”

“The State Supreme Court, however, read [this] as a congressional recognition – and preservation – of claims against Hawai‘i. There is no justification for turning an express disclaimer of claims against one sovereign into an affirmative recognition of claims against another.”

The US Supreme Court concluded, “First, ‘whereas’ clauses like those in the Apology Resolution cannot bear the weight that the lower court placed on them. As we recently explained in a different context, ‘where the text of a clause itself indicates that it does not have operative effect, such as ‘whereas’ clauses in federal legislation …, a court has no license to make it do what it was not designed to do.’”

“Second, even if the ‘whereas’ clauses had some legal effect, they did not ‘chang[e] the legal landscape and restructur[e] the rights and obligations of the State.’”

“The Apology Resolution reveals no indication – much less a ‘clear and manifest’ one – that Congress intended to amend or repeal the State’s rights and obligations under Admission Act (or any other federal law); nor does the Apology Resolution reveal any evidence that Congress intended sub silentio to ‘cloud’ the title that the United States held in ‘absolute fee’” and transferred to the State in 1959.”

“Third, the Apology Resolution would raise grave constitutional concerns if it purported to ‘cloud’ Hawaii’s title to its sovereign lands more than three decades after the State’s admission to the Union. We have emphasized that ‘Congress cannot, after statehood, reserve or convey submerged lands that have already been bestowed upon a State.’”

A later Hawaiʻi Supreme Court case noted (in 2014,) “The US Supreme Court reversed this court, holding that the Apology Resolution did not confer substantive rights or have a substantive legal effect. Thus, the Apology Bill cannot serve to support a fundamental right to nation-building”. (SCWC-29794)

It’s interesting to note the Supreme Court’s repeated references to the Republic of Hawai‘i, Annexation, Territory, Newlands Resolution, Admission Act, State, etc.

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US-Congress-President-Clinton-Apology-Bill-Signing
US-Congress-President-Clinton-Apology-Bill-Signing

Filed Under: Ali'i / Chiefs / Governance Tagged With: Hawaii, Sovereignty, Apology Resolution

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Images of Old Hawaiʻi

People, places, and events in Hawaiʻi’s past come alive through text and media in “Images of Old Hawaiʻi.” These posts are informal historic summaries presented for personal, non-commercial, and educational purposes.

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Recent Posts

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