Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 3, 1 April 2002 — OHA plagued by another frivolous lawsuit filed by the same people. [ARTICLE+ILLUSTRATION]

OHA plagued by another frivolous lawsuit filed by the same people.

Arakaki v. Cayetano disenfranchises Hawaiiam from their rightful entitlements. OHA is faced with yet another lawsuit enjoining the state and federal governments from giving Hawaiians their entitlements. On March 12, the Honorable Judge Mollway heard arguments on whether to issue a temporary restraining order against the state, OHA and DHHL, and had the good sense to deny the order. However, the case will go on further to address the issue of OHA and DHHL entitlements. This case comes squarely on the heels of the recently dismissed Carroll case. How many times must OHA and others go to court to address the same issues? Arakaki plaintiffs argue that the original trust (without the Admissions Act amendments) is what governs and that does not mention using the ceded lands for the betterment of Hawaiians, and that the amendments whieh do allow ceded lands

to be used for the "betterment of Native Hawaiians," were improper. They argue that they have standing as taxpayers and beneficiaries of the original trust. This is pure blasphemy 1 It is well within the jurisdiction of the court to hear a case brought by or on behalf of the beneficiaries of a trust for breach of fiduciary responsibility under Title 28 of the United States, This action is especially applicable where these rights are clearly granted by the Admission Act (Public Law 86,3, March 18, 1959) and the state eonstitution whieh established the publie trust and named the native Hawaiian as a beneficiary class, As required by the Admission Act the people of Hawai'i constitutionally enacted the following: "The lands granted to the State of Hawai'i by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, shall be held by the state as a public trust for native Hawaiians and the general public,"

"Any trust provisions whieh the Congress shall impose, upon the admission of this state, in respect of the lands patented to the state by the United States or the proceeds and ineome there from, shall be eomplied with by appropriate legislation, Such legislation shall not diminish or limit the benefits of native Hawaiians under Section 4 of Article XII." The Admissions Act was an act of Congress and ean only be struck down by another Act of Congress or the United States Supreme Court, Hawaiian lands have been given away, taken away, and sold until they own very little of what was originally theirs, Our people are still awaiting the day when they ean afford their own homes, This case should unite Hawaiians to speak up and fight for their entitlements, This is why I believe so strongly in sovereignty — so those against Hawaiian entitlements cannot take them away, What's next? Kamehameha Schools, Lili'uokalani Trust and other Hawaiian trusts?

The state as trustee of the public trust has divided loyalties to all taxpayers of Hawai'i and to Hawaiians, The state has a fiduciary responsibility as trustee of the publie trust to defend Hawaiian entitlements, However, we must keep vigilanee over this issue and speak up, We cannot leave everything to the state and hope that they will prevail for us, Everyone should be aware that these suits are being brought about by the same people and are funded by the same people, As long as people will agree to put the name on lawsuits that are funded by others, these cases may continue, These people are cowards and should file their suits openly and not use others to hide behind, Although these lawsuits are frivolous and burdensome, we must not allow ourselves to grow weary, We must continue the fight until there is no threat to fight, "For with God, nothing shall be impossible." Luke 1:31 ■

Rowena Akana Trusfee, At-large