Editorials
Tuesday, September 16, 1997AFTER the circus atmosphere that was generated around the first trial of Dennis "Bumpy" Kanahele on charges related to an attempt to arrest a man convicted on federal tax charges, it was a relief to see the Hawaiian activist plead guilty to one charge under an agreement with prosecutors. Hawaiian sovereignty
activists must obey lawThe change of tactics appeared to be related to Kanahele's decision to change his legal representation from the fiery Hayden Aluli, who seemed determined to make a cause celebre out of the case, to Michael Green. In exchange for the guilty plea to a charge of impeding and interfering with a deputy U.S. marshal, the government agreed to drop charges of interfering with Honolulu police officers and harboring a fugitive.
U.S. District Judge Helen Gilmor declared a mistrial in the first trial after it was determined that a juror had engaged in improper conduct. The second trial would have begun today.
The tax case, in which Nathan Brown was convicted and had failed to appear to begin serving his sentence, and the subsequent charges against Kanahele, are related to the Hawaiian sovereignty movement and the refusal of some of its adherents to recognize the authority of the U.S. and state governments.
That position led to Kanahele and his followers occupying the Makapuu lighthouse and later camping illegally at Makapuu Beach Park. Refusal to pay federal income taxes and interference with authorities were an escalation of their tactics.
But as U.S. Attorney Steven Alm said, "The law applies to everyone." That includes people who like Kanahele want to restore Hawaiian sovereignty and consider the U.S. government's position in Hawaii illegitimate. They can preach and demonstrate for sovereignty all they want, but they have to obey the law like everyone else. Occupying government land, refusing to pay taxes and interfering with attempts to arrest convicted persons are illegal acts that cannot be tolerated.
RELATIONS with Mexico are not going to collapse because William Weld has lost his fight to be confirmed as President Clinton's ambassador. The former Massachusetts governor certainly was not uniquely qualified for that position, although he appears to be a reasonably intelligent and able person. His diplomatic skills, however, were not in evidence in his relations with Jesse Helms, the prickly chairman of the Senate Foreign Relations Committee. Weld vs. Helms
Helms did not merely oppose Weld's nomination; he refused to hold a hearing on it. And under the Senate's antiquated rules, he didn't have to. Helms criticized Weld's support for the medical use of marijuana as inappropriate for an envoy to a country with a huge illegal drug industry, and he might have been right about that. But that's not the point. We are talking about a person nominated for office by the president. The chief executive at least deserves the courtesy of a hearing for his nominee, no matter how objectionable he may be to the chairman.
Congressional committees have sometimes been ruled with an iron hand by petty despots, and Helms certainly deserves that description. His behavior leaves us wondering what it would take to get the Senate to rein in its committee chairmen.
HAWAII'S tourism industry has been held hostage to the U.S.-Japan airline negotiations in the past, and it could happen again. The problem is Japan's refusal to end restrictions on flights by U.S. airlines. Washington's tactic is to retaliate by restricting flights to the U.S. by Japan Air Lines. Hawaii can get hurt, as it was when the start of JAL direct flights from Tokyo to Kona was delayed. That gives the state a strong interest in the resolution of these issues. Airline disputes
Currently the two countries are at odds over U.S. rights to fly cargo to third countries via Japan, but that is only one of the problems. Talks between U.S. and Japanese officials on outstanding trade disputes, including aviation, are scheduled to resume next week, with a deadline of Sept. 30.
As it has on other issues, Japan has long taken a strongly protective position on airline flights and routes. But that policy appears to be counterproductive. Mark Gerchick, U.S. deputy assistant secretary of transportation for aviation and international affairs, says the Japanese aviation industry will fall behind Asian competitors if it continues to ignore sentiment for free trade or "open skies" agreements.
Japan is often slow to accept the need to change its policy, but the case for open skies is strong. And the sooner the need for change is accepted, the fewer problems for Hawaii tourism.
Rupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
