Editorials
Monday, March 24, 1997

Legislature must face
ceded lands issue

A state Senate proposal to transfer ceded land to the Office of Hawaiian Affairs could relieve the immediate pressure on the state to make monetary payments to OHA in excess of its financial capacity. But the plan, proposed by the Senate Hawaiian Affairs Committee, evades the issue of how much money OHA is entitled to receive under current law. Shifting the dispute to real estate is not a solution without agreement on the value of the land and the amount owed to OHA.

For example, OHA Trustee "Frenchy" DeSoto mentioned Sand Island as an area that would be attractive because of its revenue-producing potential. By the same token, turning over Sand Island to OHA could mean a substantial loss of revenue to the state.

Governor Cayetano has decried a court ruling last year that could vastly expand the state's financial liability by including 20 percent of all state revenues from developed ceded lands including hospitals, public housing and airports. The governor contended -- and the House agreed -- that former Circuit Judge Daniel Heely misinterpreted a legislative intent to base payments on the unimproved value of the land.

A bill passed by the House would nullify that decision, but the Senate committee dropped the relevant provision. Co-chairman Randy Iwase said the action would be premature because the state Supreme Court has yet to decide the state's appeal of Heely's decision.

The action pleased Hawaiian activists attending the committee hearing. But the effect would be to postpone a difficult decision while the state struggles with its finances.

As stipulated by Congress in the Admissions Act, the welfare of native Hawaiians is one of five purposes which proceeds from the ceded lands must serve. This has been translated into a 20 percent share of ceded land revenues for OHA, but the 20 percent is not required by the Admissions Act.

It was not anticipated when the 20 percent OHA share was enacted by the Legislature that it would create a huge financial burden for the state, as it threatens to do. This burden would result in a corresponding reduction in funds available for other state programs, which of course benefit Hawaiians as well as other groups.

The question is whether the Legislature is to deal with this issue responsibly in terms of the interests of all of the people of Hawaii or to sacrifice those interests in order to met unreasonable demands by OHA.

Harry Wu's China

IN his lectures here last week, Harry Wu compared the Chinese Communist laogai labor camps to the brutalities of the Nazi and Soviet systems. Wu knows whereof he speaks. He spent 19 years in Chinese prisons. His crime? As a 20-year-old student, he protested the Soviet invasion of Hungary.

The United States has to live with a resurgent China, for the time being at least under Communist rule. It will not be easy to do business with a regime that, as Harry Wu showed, has no more respect for human rights than the Nazis or the Soviets.

Library books

DISSIDENT state librarians are complaining that a House bill that supports their position that they should select books for the library system is too weak. They're right that the bill is flawed, but for the wrong reason. There shouldn't be a bill at all.

The library is under the jurisdiction of the Board of Education. The Legislature has no business interfering with the BOE's decisions regarding library policy.




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