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Conklin rebuttal to Bill Fernandez, “The Temple of Science”

Kenneth R. Conklin, Ph.D.  provides a rebuttal to the following article:
Bill Fernandez, “The Temple of Science,” The Garden Island [Kaua’i newspaper], August 9, 2019, Guest Commentary.
https://www.thegardenisland.com/2019/08/09/opinion/the-temple-of-science/

The Garden Island newspaper editor’s tagline says “Bill Fernandez is a former attorney, judge and mayor, is an author and is a resident of Kapaa.” So Mr. Fernandez is not some crazy sovereignty activist whose ignorance and zealousness cause him to twist history and say outright falsehoods in a manner which an attorney might call “excited utterance.” His essay should be taken seriously, which is exactly how he intends it to be taken. I will provide a point-by-point rebuttal to his numbing litany of grievances. This rebuttal is too detailed (and perhaps boring) to be published in a newspaper. Truth is often boring, so please bear with me.

Bill Fernandez was born and raised on Kaua’i and then went to the mainland [California] for college, where he became a successful lawyer, mayor, and judge. So he is an example of local boy makes good on the mainland, retires, and comes “home” to Kaua’i. See a biography of him published in [surprise!] the same newspaper two months before this essay: “Bill Fernandez honored by Kamehameha Schools Alumni Association” as the honoree of the year and paraded through Waikiki, article in The Garden Island newspaper on June 12, 2019 at
https://www.thegardenisland.com/2019/06/12/hawaii-news/bill-fernandez-honored-by-kamehameha-schools-alumni-association/

Therefore he’s a big fish in a small pond, gets a lot of local respect. The local newspaper will publish whatever he submits to them and has done so for years, even if it is bombastic and filled with falsehoods. And of course it would be “rude” and unacceptable for public relations to publish any aggressive rebuttal, as well as impractical to publish a lengthy and boring one.

First, Conklin’s overall, general, very quick analysis of the motive of Mr. Fernandez. After that, rebuttals are given to specific points in the order they are raised by Mr. Fernandez.

——-

Conklin’s overall, general, very quick reply concerning motive of Mr. Fernandez:

Victimhood is a wonderful asset to have. If you can persuade people that you’re a victim, that gives you the right to seek sympathy, and to demand reparations. Sympathy leads to political power, and reparations lead to wealth. See webpage
“The Hawaiian Grievance Industry — Panhandling for Race-Based Handouts and Political Power” at
http://www.angelfire.com/hi5/bigfiles3/grievanceindustry.html

One of the strange things about politics in Hawai’i is the aggressiveness of racial profiling and racial stereotyping for fun and profit. But surprisingly, in Hawaii the profiling and stereotyping are done by ethnic Hawaiians against ethnic Hawaiians as a racial group! Ethnic Hawaiian leaders love to portray their group as having the worst statistics for cancer, heart disease, drug abuse, incarceration, poverty … the list goes on and on. The idea is to make the general public feel sorry for them and give them political power to manage their own affairs; and to use the data to get government and philanthropic grants for “research studies” whose main purpose is to do more studies to get more data to bolster more grant applications while building a permanent cadre of highly paid bureaucrats and leaders (without actually doing research to find out how the “Hawaiian gene” causes these bad things [there is no real connection and probably no Hawaiian gene] or how to cure the problems biologically). See detailed analysis and examples in webpage
“Native Hawaiian victimhood — malpractice in the gathering and statistical analysis of data allegedly showing disproportionate Native Hawaiian victimhood for disease and social dysfunction. How and why the Hawaiian grievance industry uses bogus statistics to scam government and philanthropic organizations, politicians, and public opinion.” at
http://big11a.angelfire.com/NatHwnVictimhoodStatScam.html
See also webpage
“For Hawaiians Only. Webpages identifying and describing government funded racial entitlement programs providing benefits exclusively to Native Hawaiians using taxpayer dollars from the U.S. and State of Hawaii.” at
http://www.angelfire.com/big11a/ForHawaiiansOnly.html

During the past 20 years Mr. Fernandez occasionally wrote essays supporting the Akaka bill to create a federally recognized Hawaiian tribe as a way of providing legal defense for hundreds of racial entitlement programs, and other essays to support Kamehameha Schools’ racially exclusionary admissions policy. To find some of those items go to the front page of my website at
http://www.angelfire.com/hi2/hawaiiansovereignty/
and use the little internal search engine for these two pairs of keywords (one pair at a time)
Fernandez Akaka
Fernandez Kamehameha

Mr. Fernandez, being a former lawyer and judge, might have some experience with lawyers who sue insurance companies on behalf of clients who suffered minor injuries in a fender-bender. A client’s car might have been rear-ended at a stop light by the car behind him traveling at 2 MPH; client claims whiplash caused severe neck injuries and lawyer sues for a bazillion dollars for medical injuries and “pain and suffering.” Of course the injuries and pain will be grossly inflated, and disabilities with unrelated causes will be ascribed to the fender-bender, in hopes that the damages awarded by the jury will be huge (along with the lawyer’s 1/3 contingency fee).

———

Fernandez: “Suppression of the Hawaiian culture began in 1820 when missionaries arrived and decreed that Hawaiian culture and language, the hula, mele, oli, chants, and songs were immoral, lewd, and pagan.

Conklin: Fernandez should be reminded that the missionaries had no authority to decree anything. They were welcomed by the native chiefs in 1820, AFTER the native leaders had already abolished the old religion in 1819, the year before the missionaries came. Any new laws were “decreed” not by missionaries but by the dictatorial authority of the native kings and chiefs exercising self-determination on behalf of the natives.

The old religion was abolished publicly and decisively by the 4 top leaders of the natives themselves at a huge lu’au that was held soon after the death of Kamehameha The Great to introduce his elder son Liholiho who was now Kamehameha II. The leaders abolished the old religion by publicly breaking the ‘aikapu (men and women must eat separately). These 2 men and 2 women sat down together and ate — a sacrilege punishable by immediate death — and the assembled crowd gasped in horror until a short speech was given.

1. King Liholiho Kamehameha II; the elder son of Kamehameha The Great;

2. Keopuolani, his biological mother, the “sacred wife” of Kamehameha The Great, had the highest spiritual mana in all Hawaii and the kapumoe (anyone nearby must lie face down in the dirt to avoid polluting her mana);

3. Ka’ahumanu his stepmother and favorite wife of Kamehameha The Great, who made a political coup by stepping forward at the lu’au immediately after breaking the ‘aikapu; she stood next to Liholiho and boldly took over the government by announcing “We two shall rule together” and proceeded to be kuhina nui (regent) for both Kamehameha II and Kamehameha III for many years;

4. Hewahewa, the kahuna nui (high priest) of the old religion. By the way, although “hewa” means “sin”, his name instead referred to sacred dancing.

Today’s activists on Mauna Kea and in other political actions disrespect the clear choice of their ancestral leadership by trying to revive the dead religion they killed, and also by using that deeply revered old religion as a mere pawn in today’s political games.

————-

Fernandez: “This suppression continued [from 1820 missionary arrival] until the Hawaiian Renaissance in the 1970s.”

Conklin: Mr. Fernandez conveniently overlooks the fact that the monarchy retained absolute power over lawmaking and administration of justice, until the first Constitution was proclaimed in 1840 creating a legislature and judiciary and giving rights to individuals. Further, the monarchy retained absolute ownership of all Hawaii lands including the right to take back previous land grants on the whim of the King, until the Mahele process began in 1848 to create private fee-simple land ownership. Fernandez overlooks the fact that the monarchy continued until the revolution of 1893 overthrew it. He overlooks the fact that at least 6 native Hawaiians were on the committee that wrote the Constitution of the Republic of Hawaii, and the Speaker of the House was full-blooded native former royalist John Kaulukou. Fernandez overlooks the fact that the first and second Territorial Delegates to the U.S. Congress, elected by public vote of all citizens without racial restriction or property requirements, were Native Hawaiians Robert Wilcox and [former] Crown Prince Jonah Kuhio Kalaniana’ole. He forgets that the Territorial legislature, elected by vote of all citizens, had a majority of Native Hawaiians for three to four decades, until World War 2. John Waihe’e was Governor of Hawaii for 8 years, 1996 – 2004. Native Hawaiian members in the state Senate and House continue to be roughly in proportion to their population, including powerful committee chairmanships and leadership positions. There has been a huge renaissance of Hawaiian culture and language starting in the 1970s and strengthening through now, perhaps most visible in hula [televised Merrie Monarch and Prince Lot annual hula festivals], voyaging canoes [Hokule’a and many others], and song contests [televised annual Kamehameha School]. What suppression is Mr. Fernandez talking about? The only suppression is any shred of objectivity in Fernandez’ mind.

——–

Fernandez: “Hawaiians lost their land to the colonizers.”

Conklin: Whoa! The Government lands of the Kingdom remained under control of the monarch and legislature where natives held the great majority, and the Crown lands remained property of the monarch and then of the Kingdom government for 73 years after the missionaries arrived, until there was no more crown after 1893. That’s 2/3 of Hawaii’s land that was NOT “lost to the colonizers.” The largest private landowner (large in both body and landholdings!) was Princess Ruth Ke’elikolani, who gave her land to Princess Bernice Pauahi Bishop, who gave the combined lands of Ruth and Pauahi to Kamehameha Schools — approximately 10% of all the lands in Hawaii even to this day. Then there are the 203,000 acres set aside for native Hawaiians in the Hawaiian Homes Commission Act of 1920; and other lands such as the entire Kahana Valley on O’ahu. Regarding Kahana Valley and “lost land”: It’s amusing how one activist (Robert Stauffer) wrote a whole book claiming that Kahana Valley fell out of Hawaiian ownership simply because it became owned by Mary Foster, who had “only” 1/4 Hawaiian blood. See my detailed book review
“Kahana: How the Land Was Lost by Robert H. Stauffer. BOOK REVIEW” at
http://www.angelfire.com/hi2/hawaiiansovereignty/staufferkahana.html

———-

Fernandez: “Colonizers also know that suppression of native language is key to subjugating a native people. Look at Hawaii. After the overthrow of the monarchy in 1893, they banned the use of the Hawaiian language (Act 57, section 30 of the 1896 Laws of the Republic of Hawaii). This law led to the suppression of native newspapers unfavorable to the new government, and the end of teaching Hawaiian language in schools.”

Conklin: Judge Fernandez, Your “Honor”, you need to read what the law actually said and learn how it was implemented. You — a lawyer and judge — need to read what the law said! It’s easy to tell a lie and move on; it’s harder to explain the truth. Bear with me. This is a topic where I am an expert witness.

The Hawaiian kingdom had a compulsory school attendance law, which was continued under the Provisional Government, Republic, Territory, and State of Hawaii. Any school attendance law must include a definition of what constitutes a “school.” To make sure parents or factories or taro farms cannot get around the law by establishing sham “schools,” the government defines the minimum requirements that must be met before a “school” is certified as meeting the requirements of the attendance law. Such minimum requirements for facilities, curriculum, and performance review apply to all schools, both government and private. Government certification of schools does not prohibit other schools or academies. For example, Christian churches can operate “Sunday schools” or Buddhist temples can have “Dharma schools” for religious instruction; or ethnic groups can set up after-school or weekend academies to perpetuate a culture and language — the Japanese did that with hundreds of after-school academies throughout the 1900s and continuing now.

Following the revolution of 1893, the Republic of Hawai’i passed a law more than three years later, in 1896, specifying that English must be the language of instruction in any school receiving “recognition” or certification as meeting the compulsory attendance law. Here is the exact wording of that law:

1896 Laws of the Republic of Hawaii, Act 57, sec. 30: “The English Language shall be the medium and basis of instruction in all public and private schools, provided that where it is desired that another language shall be taught in addition to the English language, such instruction may be authorized by the Department, either by its rules, the curriculum of the school, or by direct order in any particular instance. Any schools that shall not conform to the provisions of this section shall not be recognized by the Department.” [signed] June 8 A.D., 1896 Sanford B. Dole, President of the Republic of Hawaii.

The law clearly concerns only schools, not society at large and certainly not newspapers. It does not single out Hawaiian language at all — it applies equally to all languages other than English, including Japanese, Mandarin, Cantonese, Portuguese, etc. The majority of Hawaii’s children at that time were children of Japanese and Chinese plantation workers, and there were also numerous immigrants from Portugal working on the plantations, mostly as lunas. The law wanted every citizen or long-term resident to have a language in common that they all could speak — especially Japanese and Chinese. The Republic was looking forward to annexation to the United States. Every child born in Hawaii would grow up to become American citizens after annexation, and English would be essential for citizen participation in government and commerce. The law does not prohibit establishing private after-school or weekend academies where the medium of instruction could be Hawaiian (or any other language) — it merely states that such schools will not be recognized by the government as satisfying the requirement that all children must attend school. The law clearly states that other languages (including Hawaiian) may be taught in a language course. Hawaiian language courses were offered at Kamehameha School, but Spanish was more popular with the students. And in fact the Territorial legislature passed laws appropriating money to publish Hawaiian language dictionaries for use in the government schools.

Some ethnic groups, most notably first-generation immigrant Japanese plantation workers, did indeed have private schools for “after school” or weekend instruction in their language and culture (see astonishing information about just how prevalent this was, near the end of a webpage). Many, perhaps most Hawaiian parents went so far as to demand that their children speak only English at home as well as at school. There was simply no desire among Hawaiian parents to set up special academies to perpetuate Hawaiian language. Ethnic Hawaiians working on the plantations or elsewhere were legally free to do what the Japanese actually did. The Hawaiians were also being paid at a higher wage rate than the Japanese, who were at the bottom of the scale (until Filipinos started coming to Hawai’i in 1906 and occupied the bottom). The Japanese felt it was important to invest their time and money to perpetuate their culture and language; while the Hawaiian parents, to the contrary, felt it was important to demand that their children speak English and assimilate to Euro-American cultural values.

There are many, many details to explain, but not here in a mere comment. So let me give the following webpage links:

Was Hawaiian Language Illegal?
https://tinyurl.com/4gspl

Holding the State of Hawaii Department of Education accountable for propagating the lie that Hawaiian language was banned.
https://tinyurl.com/z77ogbq

“Examples of Some Angry or Bitter Published Articles Claiming That Ethnic Hawaiians Were Victimized by Having Their Language Made Illegal or Suppressed” [I’ll be adding this ridiculous Fernandez article to the collection]
https://tinyurl.com/83xmb

“Hawaiian Language as a Political Weapon” with 16 detailed subpages
https://tinyurl.com/668vqyz

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Fernandez: “This law [English as the language of instruction in schools] led to the suppression of native newspapers unfavorable to the new government, and the end of teaching Hawaiian language in schools.”

Conklin: In recent years we have all learned that newspapers printed in Hawaiian language were published continuously from 1834 all the way through 1948. Some lasted only a short time with small circulation; others had large circulation and lasted for many years. There were both English-language and Hawaiian-language newspapers editorially favorable to the monarchy and opposed to annexation; and also newspapers in both languages happy with the overthrow of the monarchy and favorable to annexation.

Following the January 17 1893 revolution, the revolutionary Provisional Government did what all revolutionary governments in the world have always done with mass media (including radio and television nowadays) — they temporarily banned the publication of pro-monarchy newspapers. But in Hawaii such censorship to stifle possible rioting lasted only one or two weeks, and then freedom of the press resumed. There were newspapers that viciously attacked President Sanford Dole and published poetry and stories favorable to Lili’uokalani and other royalists. Perhaps even Mr. Fernandez might have heard the widely known stories about people loyal to Lili’uokalani visiting her when she was imprisoned in the Palace following the attempted Wilcox counterrevolution of 1895 — and they always brought her flowers WRAPPED IN ROYALIST NEWSPAPERS so that she could circumvent the ban on political information going to or from her and see what her friends were doing on her behalf. Clearly, there was no censorship or “suppression of native newspapers unfavorable to the new government” as claimed by Fernandez.

Fernandez is also wrong that the language law caused “the end of teaching Hawaiian language in schools.” Surely a lawyer/judge can understand the difference between teaching a language as a subject of study vs. teaching subject matter in math, science, history, etc. through the use of that language as the medium of instruction. Read the wording of the law Judge Fernandez. It clearly says “where it is desired that another language [could be Hawaiian] shall be taught in addition to the English language, such instruction may be authorized by the Department, either by its rules, the curriculum of the school, or by direct order in any particular instance.” Families not already fluent in Hawaiian had no interest in getting their kids to learn it; whereas families that spoke Hawaiian at home could continue doing so and could also send their kids to after-school academies to be taught in Hawaiian just like the Japanese established Japanese-language academies; but most Hawaiian parents were glad to have their kids learn English in school and many such parents demanded their kids speak only English in the home as well — the parents would speak Hawaiian between themselves but required their kids to speak only English.

———–

Fernandez: “When annexation and the Organic Act created the Territory, the Hawaiian people received nothing because no government existed to protect them nor categorize them as the indigenous people of the eight islands of the archipelago. Unlike some North American tribes on the continent no treaty was enacted.”

Conklin: That’s absurd! The natives received whatever everyone else received, including American citizenship for all persons who were citizens of the Republic of Hawaii and for anyone born in Hawaii; and a guarantee that revenue from the ceded lands must be used “for education and other public purposes” for the benefit of all residents of the Territory including natives. Fernandez is in reality complaining that there were no racial entitlement programs benefiting ethnic Hawaiians exclusively based on race alone [until the first such law was enacted — the Hawaiian Homes Commission Act of 1920]. Today we have over a thousand racially exclusionary programs solely for the benefit of Native Hawaiians. I hope he’ll go to the library and read my book identifying what he apparently champions: “Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State.” It’s also available for purchase direct from the publisher through
http://tinyurl.com/2a9fqa

Fernandez’ talk about North American tribes shows that he continues to favor creation of a federally recognized Hawaiian tribe, either through legislation like the Akaka bill [Fernandez wrote essays favoring the bill when it was alive in Congress] or through implementation of the Department of Interior regulation proclaimed by publication in the Federal Register on October 14, 2016. That regulation is a sleeper agent of Hawaiian apartheid ready to be implemented whenever the tribalists feel political conditions are right.

A webpage reviews the history of efforts to get official government recognition of ethnic Hawaiians as a political entity or Indian tribe — a narrative summary covering 19 years 2000 through 2018, broken into two-year Congressional periods. Each “Congress” has a link to an index for that two year period, broken into sub-indexes in chronological order, linking to webpages providing full text of news reports, commentaries, and lawsuits regarding the Akaka bill in Congress, stealth maneuvers by Senator Inouye, Obama Department of Interior regulatory process, Hawaii legislature bills and resolutions, etc.; and efforts to gain local and international recognition of Hawaii as an allegedly continuing independent nation, through protests and lawsuits in Hawaii regarding Mauna Kea and taxes on land, and lobbying activity in the United Nations (both New York and Geneva). Go to
http://big11a.angelfire.com/AkakaHistSummary2000to2018.html

See a webpage describing how the DOI regulation 43CFR50 was proclaimed, including links to full text of the regulation and testimony in opposition during both comment periods:
http://www.angelfire.com/big11a/Repeal43CFR50.html

————

After reciting his lengthy list of alleged victimhood grievances relying on history-twisting and falsehoods, Mr. Fernandez then spends the second half of his essay expressing his views about how Hawaiian culture before Captain Cook was superior to European and American culture, and how the Native Hawaiian blockade and takeover of Mauna Kea illustrates respect for the land and is a reassertion of Native Hawaiian self-determination. He cites the United Nations Declaration on the Rights of Indigenous Peoples, and he says “Lieutenant Governor Josh Green got it right when on Mauna Kea he said, ‘It is time for reconciliation with Hawaii’s host culture.'”

Conklin has webpages showing that ethnic Hawaiians are not an indigenous people, that the term “host culture” is a poisonous concept implying that people with no Hawaiian blood are merely guests with no rightful standing in the ethnic Hawaiian homeland, and a direct response to Josh Green’s pandering screed.

The concept of Native Hawaiians owning the “host culture” is astoundingly divisive because it portrays everyone lacking a drop of the magic blood as being mere guests. It’s a racist political tactic which in recent years many academics and journalists have begun calling “othering” — portray ethnic Hawaiians as being entitled to govern Hawaii because, according to a creation legend, they are biologically children of the gods and brothers to the land in a way nobody else can ever be who lacks a drop of the magic blood — therefore portraying everyone else as “other” — different, alien, permanent outsider, mere (unwanted) guest or even invader and exploiter and oppressor. That’s exactly the tone of Bill Fernandez’ commentary.

An example of “othering” is the demand that nobody lacking a drop of the magic blood can use the word “Hawaiian” to describe themselves. Every “Hawaiian” by definition has the magic blood; every OTHER person can be a resident or “settler” but is always a “non-Hawaiian.” Because of pressure from ethnic Hawaiian activists, the Associated Press a few years ago included in its stylesheet that in news reports the word “Hawaiian” must be reserved for ethnic Hawaiians, while others can be called “Hawaii resident” or “Hawaii-born” or “native of Hawaii” but never “Hawaiian” or “native Hawaiian.” At this time there are Caucasians with no Hawaiian blood whose families have lived in Hawaii for 8 generations, and Asians whose families have 6 generations in Hawaii; but the language police call them non-Hawaiian will not allow them to call themselves Hawaiian.

Although I was not born or raised in Hawaii, I visited during three summers from 1982 to 1989, felt a spiritual calling, and moved permanently to Kane’ohe in 1992 — and since then I have never left Hawaii, for 27 years! I have traveled to dozens of nations and speak 6 languages. But Hawaii hanai’d (adopted) me, and I hanai’d Hawaii. I have probably lived in Hawaii longer than Bill Fernandez. For sure I have lived in Hawaii longer than most ethnic Hawaiians have been on this Earth, since Census says their median age is 26. I understand the culture and history, and speak Hawaiian with moderate fluency. Hawaii is my hanai homeland. I am Hawaiian, whether the language police like it or not. A well-known song describes my own odyssey: “He Hawai’i Au” also known as “I Keia Po”. My journey was lengthy, seeking a place in this world; but I have returned; and I clearly realize that home is in my heart; I will not wander again because I understand — I am Hawaiian.
Words (Hawaiian/English)
https://www.huapala.org/He/He_Hawaii_Au.html
Music (First video has song sung like a hymn with beautiful scenery and artifacts, then faster upbeat tempo; automatically followed by all-Japanese hula performance of it).
https://www.youtube.com/watch?v=l5ovXExp42I

“Are kanaka maoli indigenous to Hawai’i? Would the status of being indigenous give them special rights?”
http://www.angelfire.com/hi2/hawaiiansovereignty/indigenous.html

“Akaka Bill: Replacing Democracy and Individual Rights With Indigenous Communal (Group) Rights”
http://www.angelfire.com/hi5/bigfiles3/AkakaDemocIndivRtsVsCommunalGpRts.html

“Indigenous Intellectual Property Rights — The General Theory, and Why It Does Not Apply in Hawaii”
http://www.angelfire.com/hi2/hawaiiansovereignty/indigenousintellproprts.html

“Were non-kanaka maoli historically full partners in Hawai’i, or only second-class guests?”
http://www.angelfire.com/hi2/hawaiiansovereignty/fullpartners.html

“Asian Settler Colonialism [Hawaii] — book review”
http://www.angelfire.com/big09a/AsianSettlerColonialism.html

“Hawaiian religious fascism. A twisted version of a beautiful creation legend provides the theological basis for a claim that ethnic Hawaiians are entitled to racial supremacy in the governance and cultural life of the Hawaiian islands.” [includes a link to full text of the “Constitution of the Native Hawaiian Nation” adopted on February 26, 2016 in a monthlong meeting paid for by OHA, and an analysis of its racism and fascism — this is the tribal Constitution which would be submitted to the Department of Interior as part of the process for federal recognition of a Hawaiian tribe under 43CFR50]
http://www.angelfire.com/big11a/HawnReligFascism.html

“The Aloha Spirit. How aloha for all, manifested in the twin pillars of unity and equality, can overcome Hawaiian religious fascism which is the theological basis for a claim to racial supremacy.”
http://www.angelfire.com/big11a/AlohaUnityEquality.html

Ken Conklin’s Facebook reply to Lt. Gov. Josh Green’s pandering support for the Mauna Kea protesters:
https://www.facebook.com/kenneth.conklin.10/posts/1607282602740030

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Hawaiian language never banned; Goebbels Award to PBS-Hawaii

The Goebbels Award For Outstanding Use of Media for Propaganda Disguised As Fact

has been awarded jointly to PBS-Hawaii and Leslie Wilcox, its President and CEO;

for refusing to correct a racially inflammatory falsehood about the alleged banning of Hawaiian language in the schools of Hawaii. The falsehood was asserted repeatedly in advertisements through email, televised teasers, and website announcements ahead of an INSIGHTS panel discussion televised live on March 28, 2019 regarding the history and revival of Hawaiian language; and was anticipated to be also asserted by panelists during the discussion.

This Goebbels Award can be seen at
http://big11a.angelfire.com/GoebbelsAwardPBSLeslie032819.html

For a long time PBS-Hawaii President/CEO Leslie Wilxcox has been sending out an email blast on Fridays announcing major TV shows that will be broadcast during the following week. The contents of those announcements are also displayed on the station’s website, Facebook page, etc. for maximum publicity. The announcement sent on Friday March 22, 2019 included a description of an upcoming 60-minute live panel discussion in the long-running “Insights” series to be broadcast on Thursday March 28 from 8-9 PM.

The announcement can be seen where it was placed on the PBS-Hawaii website on March 22 at
https://www.pbshawaii.org/insights-on-pbs-hawaii-the-hawaiian-language/

The first sentence says:
“Ka ‘Ōlelo Hawai’i, the Hawaiian Language, once forbidden in schools and nearly lost, is flourishing again in these Islands.”

The racially inflammatory falsehood is this seemingly harmless phrase of four words in the first sentence: “…once forbidden in schools…”

The truth is that HAWAIIAN LANGUAGE HAS NEVER BEEN MADE ILLEGAL OR SUPPRESSED IN WRITTEN PUBLICATIONS, NOR IN PUBLIC OR PRIVATE SPEECH OR PERFORMANCES; AND HAWAIIAN LANGUAGE HAS NEVER BEEN FORBIDDEN BY LAW IN SCHOOLS. An amendment to the compulsory attendance law was passed in 1896 to require that any public or private “school” must use English as the language for teaching all subjects in order for that school to be certified as meeting the requirement that all children must attend “school” — but the amendment did NOT forbid after-school or weekend academies from using Japanese or Hawaiian or any other language, and did not prohibit teaching language courses. Japanese parents created such Japanese language academies for their children to learn Japanese culture and history; but Hawaiian parents chose not to do that.

Why is it racially inflammatory to assert that Hawaiian language was illegal in daily life or forbidden in schools? Because today’s Hawaiian sovereignty activists have repeatedly and loudly made such claims as a way of portraying Native Hawaiians as victims entitled to reparations. The U.S. in general, and “haoles” (white people) in particular, are called colonial oppressors who suppressed native culture and even “made our native language illegal right here in our own homeland.” “My grandma told me she was beaten by her haole teacher for speaking Hawaiian in school.” For decades the activists claimed that Hawaiian language had been made illegal. When they were challenged to cite such a law, or to name even a single person who had been jailed for speaking Hawaiian, they could not do so. When it became publicly clear that dozens of Hawaiian language newspapers had been openly published continuously through 1948, and the Kamehameha song contest had been running since 1920 etc., a few professors of Hawaiian language nevertheless continued to insist the language had been made illegal. The claim of general illegality has been forced by the facts to retreat to a claim of the language being banned in school. But it is false, and still racially inflammatory, and must be completely discredited. Comes now the PBS-Hawaii “Insights” TV show with a panel of Hawaiian-language zealots accustomed to earning a living based partly on asserting the now-disproved lie, with the PBS-Hawaii corporate leadership acting as accomplices by giving them a megaphone. Hawaiian is a beautiful language that deserves to be preserved and to thrive as an important element of the culture which is the core of what makes Hawaii a special place. The beautiful language must be liberated from an ugly political demagoguery broadcasting a racially incendiary lie which serves only to foment racial resentment and hatred.

The Goebbels Award provides a copy of the warning to PHS-Hawaii and its executives demanding a correction of the falsehood, which included a summary of evidence that it is false, an explanation of why it is racially incendiary, and links to webpages where detailed proof of falsity can be found.

See the Goebbels Award to PBS-Hawaii and Leslie Wilcox at
http://tinyurl.com/yyqj247m

Was Hawaiian Language Illegal? Did the Evil Haoles Suppress Hawaiian Language As A Way of Oppressing Kanaka Maoli and Destroying Their Culture?
https://tinyurl.com/4gspl

Examples of published false claims that Hawaiian language was made illegal:
https://tinyurl.com/83xmb

Hawaii Dept of Education refused to correct the language-ban falsehood on its website and in its curriculum, and was given a Goebbels Award on April 25, 2016
https://tinyurl.com/z77ogbq

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Hawaii Legislature 2019 — Bills and Resolutions

Hawaii Legislature 2019 — Bills and Resolutions Related to Hawaiian Sovereignty and Racial Entitlement Programs. Text, testimony, and outcome.

A webpage provides complete information on 19 bills or resolutions for which Ken Conklin has submitted testimony as of February 10, 2019:
https://tinyurl.com/y4ou3cg8

The webpage will be updated continuously whenever a new item is introduced (there might be many more).

Examples:

SB1501 appropriates $439 Million tax dollars for DHHL for 2 years!

HB402/SB1363 gives OHA $139 Million to make up for alleged underpayment of 20% of ceded land revenues, and then $35 Million per year starting now.

SB195/SB642 requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English. Requires that ‘okina and kahako be used, when appropriate, in documents prepared by or for state or county agencies or officials.

HB1119/SB1451 Reestablishes Kingdom holiday as a permanent annual official state holiday, November 28: La Ku’oko’a, which the bill calls “Hawaiian Recognition Day” although that has always been translated as, and will be perceived as, “Hawaiian Independence Day.”

More on the way!

The Hawaii legislature is in session each year from mid January to early May. Each year there are numerous bills and resolutions related to Hawaiian sovereignty and racial entitlement programs. For about 20 years Ken Conklin has been tracking such legislation, and submitting testimony. As of February 10, 2019 there are 19 different bills or resolutions on this topic for which committee hearings have been announced and for which Conklin has submitted testimony. There will probably be many more, and the webpage will be updated every time a new item gets a committee hearing (new RESOLUTIONS often get introduced later in the session, but a BILL will be treated as “new” only if it did not yet have a hearing). The count of 19 reflects completely different bills and resolutions, not counting the cloned companions in the other chamber, nor the amended versions sent by one committee to the next committee; all of which get Conklin’s revised and updated testimony reflecting amendments made along the way.

Some bills or resolutions have clones, called “companions”, which are introduced under different bill numbers in both the House and Senate. As the session goes forward, many committees make amendments before sending an item to the next committee or to the other chamber. After an item has passed all its committees in one chamber, then it gets sent to the other chamber where more committees consider it, and perhaps amend it. At the end of session a bill must be passed with exactly the same content in both chambers before it can pass out of the legislature to the Governor for his signature.

A webpage provides complete information on the 19 bills or resolutions for which Ken Conklin has submitted testimony as of February 10 2019:
https://tinyurl.com/y4ou3cg8

The webpage will be updated continuously whenever a new item gets a hearing (there might be many more). For each item Conklin’s webpage provides full text of Conklin’s testimony; a link to the Senate or House “status” webpage where the full text of the bill or resolution can be viewed, along with a file containing all the testimony submitted to each committee along the way on the item (sometimes dozens of people submit testimony), and a record of which Senators or Representatives voted which way on it, and the official committee report that accompanies the item as it gets sent to the next committee or to the full chamber. Conklin sends a revised version of his testimony to the next committee whenever an item gets amended before it goes to the next committee or to the chamber’s floor; but normally Conklin posts on his webpage only the first version of his testimony, unless there are major changes to the primary concepts.

The webpage also provides, at the bottom, a long list of links to Conklin’s similar webpages from previous years providing testimony from Conklin and others regarding bills and resolutions. That’s a useful resource for anyone wanting to analyze the trajectory of legislation and testimony on any particular issue. Some bills or resolutions that fail get re-introduced essentially unchanged in later years, repeatedly, like zombies or mummies in science fiction movies; other items get significantly revised by the people who write them and get them reintroduced; and some items that fail are allowed to stay dead. Which is which? Do your research!

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Hirono (D,HI) v. Kavanaugh re Hawaiian racial entitlement programs and converting a racial group into a federally recognized tribe.

by Kenneth R. Conklin, Ph.D.

On Wednesday September 5, 2018 Senator Mazie Hirono (D, HI) was scheduled to have a half hour late in the afternoon (she has low seniority) to question Supreme Court nominee Brett Kavanaugh in the Judiciary committee confirmation hearing. Reporter Nick Grube was given information from Senator Hirono regarding the topics she intended to raise, and Grube’s article leaking that information was published in Honolulu Civil Beat [online newspaper] very early in the morning. Hirono is up for re-election this November, so of course she is grandstanding and this left-leaning online newspaper is happy to help her. The article, entitled “Brett Kavanaugh No Friend Of Special Rights For Native Hawaiians — Trump’s Supreme Court nominee once called the Office of Hawaiian Affairs a “naked racial spoils system.” is at
https://tinyurl.com/yae2osl8

Hirono’s entire 31 minute performance in the Wednesday committee hearing was later posted by her minions on YouTube at
https://tinyurl.com/y7z9u4ta
The portion devoted to Hawaiian racial entitlements, tribalism, and Rice v. Cayetano is in minutes #9:05 to 17:30 (the first 9 minutes were spent trying to embarrass Kavanaugh by asking whether he had ever sexually harassed women, and blaming him for failing to report 9th Circuit Judge Alex Kozinsky for doing so).

Brett Kavanaugh’s Wall Street Journal commentary: “Are Hawaiians Indians? The Justice Department Thinks So.” Wall St. J., Sept. 27, 1999, page A35 as archived by the online daily Indian compilation at “Turtle Talk” is at
https://tinyurl.com/ycugydcn

What’s this about “the justice department thinks so”? Remember that in 1999 Bill Clinton was at the end of his Presidency, and was sending high-level representatives from his Department of Justice and Department of Interior to hold “reconciliation” hearings in Hawaii, asking ethnic Hawaiians what goodies they would like from the federal government as part of the “reconciliation” called for in the apology resolution of 1993 (at the beginning of his Presidency). This was Clinton’s way of gearing up for the expected ruling in Rice v. Cayetano, which came in February 2000, and gearing up for introduction of the Akaka bill in the House and Senate in July 2000 as a way to overrule the Supreme Court.

Brett Kavanaugh, Robert Bork, and Roger Clegg jointly wrote an amicus brief in Rice v. Cayetano which was very influential in producing the 7-2 decision abolishing the portion of Hawaii’s Constitution that mandated racial segregation in Hawaii’s election of OHA trustees. Kavanaugh was the counsel of record. Everyone old enough will remember how Robert Bork got borked at his confirmation hearing for Supreme Court. Roger Clegg is now President and General Counsel of the Center for Equal Opportunity, where he worked for many years under the leadership of Linda Chavez; Clegg was helpful for many years in fighting the Akaka bill and Hawaii’s plethora of racial entitlement programs. The brief is very lengthy, filled with citations, and well-argued as you would expect from a nominee for Supreme Court. It’s available on findlaw, the free version of Lexis-Nexus, at
https://tinyurl.com/y8hwd7dh

Both of Judge Kavanaugh’s essays should be read by all the people of Hawaii, because they are powerful arguments against “Native Hawaiian” racial entitlement programs and the now-20-year effort to create a federally recognized Hawaiian tribe whose size could potentially now be 600,000 (one drop of the magic blood is enough to belong). The whole purpose of converting a racial group into an Indian tribe is to provide a legal basis for about a thousand currently existing racial entitlement programs to survive legal challenges under the 14th Amendment equal protection clause, and to increase this racial group’s political power and give them ownership of lands and corporations. Judge Kavanaugh’s essays are strong medicine against dividing the lands and people of Hawaii along racial lines. For a compilation of many Hawaiian racial entitlement programs, see
https://tinyurl.com/zrfuy8k

Here is a compilation of all major articles opposing the Akaka bill (to create a Hawaiian tribe) which I updated continuously from year 2000 through 2014: The front page is an index broken into time periods; full text of each article is available in the subpages for the several time periods.
https://tinyurl.com/5eflp

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Republic of Hawaii — letters of formal diplomatic recognition

Following the Hawaiian revolution of January 17, 1893 that overthrew Hawaii’s monarchial system of government, foreign nations that had diplomatic relations with Hawaii’s Kingdom government gave the appropriate level of diplomatic recognition to each of the two successor governments of the continuing sovereign independent nation of Hawaii. No nation filed a protest.

Local consulates in Honolulu immediately sent letters granting de facto recognition to Hawaii’s temporary, revolutionary Provisional Government. See the contents of those letters as published in the Morgan Report (808-page official report of the U.S. Senate Committee on Foreign Relations) at
http://morganreport.org/mediawiki/index.php?title=DIPLOMATIC_RECOGNITION_OF_THE_PROVISIONAL_GOVERNMENT

Then in July 1894, after a permanent government of the Republic of Hawaii was established, copies of the Republic’s Constitution were sent to the heads of state of foreign governments with a request for formal diplomatic recognition.

At least 19 Emperors, Kings, Queens, and Presidents on 4 continents personally signed letters in 11 languages which arrived in Honolulu in Fall 1894, giving full-fledged diplomatic recognition to the Republic government of President Sanford B. Dole. Photos of those letters were taken in the Hawaii state archives, along with accompanying English translations, some accompanying introductory letters from diplomats, and some envelopes; and for each nation, an explanation of the special significance of its documents in light of that nation’s previous diplomatic history with the Kingdom of Hawaii and today’s Hawaiian sovereignty controversies. Every photograph can be magnified for good readability by clicking the photo once; or a second click will yield a super-magnification. See all those things at
https://historymystery.kenconklin.org/recognition-of-the-republic-of-hawaii/

A 23-page booklet can be downloaded in pdf format suitable for printing. It includes a one-page montage of photographs of the documents for each of 20 nations plus the Queen’s letter of abdication and oath of loyalty to the Republic. Click here:
https://historymystery.kenconklin.org/roh.recognition.pdf

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Native Hawaiians Study Commission majority report 1983

The Native Hawaiians Study Commission was created by the Congress of the United States on December 22, 1980 (Title III of Public Law 96-565). The purpose of the Commission was to “conduct a study of the culture, needs and concerns of the Native Hawaiians.” The Commission released to the public a Draft Report of Findings on September 23, 1982. Following a 120-day period of public comment, a final report was written and submitted on June 23, 1983 to the U.S. Senate Committee on Energy and Natural Resources and to the U.S. House of Representatives Committee on Interior and Insular Affairs.

The 747-page majority report of the NHSC begins with an executive summary and list of conclusions and recommendations, followed by 14 major chapters written by experts, focused on Hawaii’s ancient and modern history, demographics, culture, religion, and reports about responses to the unique needs of Native Hawaiians by federal and state governments, and private institutions. At the end are glossaries explaining Hawaiian-language words, a list of references, and an appendix. For each of the 747 pages of the majority report a photo of the page (click to magnify for easy readability) is next to a simple text version of its contents that is digitized and searchable. See the entire 747-page report, beautifully formatted, at
http://grihwiki.kenconklin.org/mediawiki/index.php?title=Native_Hawaiians_Study_Commission_Report

Ken Conklin’s webpage about the report describes how it was created, how political differences resulted in majority report vs. minority report, and how the majority report found a home on the internet. The webpage also summarizes the conclusions reached by the Commission, and explains the importance of the NHSC report in current controversies regarding Hawaiian sovereignty and racial entitlement programs. Conklin’s webpage about the report is at
http://www.angelfire.com/big11a/NHSC.html

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For Hawaiians Only

A valuable webpage providing information about 856 government funded racial entitlement programs for the exclusive benefit of “Native Hawaiians” was disrupted but has now been partially restored. Several other webpages on the same topic are also available.

All these programs, valued into the Billions of dollars, are paid for by tax dollars from the governments of the United States and the State of Hawaii. It is likely that these programs are unconstitutional. Some have been challenged in state and federal courts. Thus far the lawsuits to dismantle them have been dismissed on technical procedural issues including “standing” and the “political question” doctrine. However, those dismissals never reached the merits of these cases. Thus all these programs remain available as targets for future civil rights lawsuits based on the 14th Amendment equal protection clause and other arguments.

Keep in mind that this compilation pertains only to government programs funded by taxpayers, and does not include enormous privately funded programs such as Kamehameha Schools (Bishop Estate) which alone is worth $10-15 Billion, Lili’uokalani Childrens Trust, and many others.

The collection of webpages listing and describing Hawaiian racial entitlement programs is at
http://www.angelfire.com/big11a/ForHawaiiansOnly.html

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Testimony in opposition to Department of Interior proposal to create a Hawaiian tribe by administrative rule change

August 19, 2014 was the final day to submit testimony regarding the Department of Interior Advance Notice of Proposed Rule-Making to create a Hawaiian tribe and give it federal recognition by an administrative procedure or executive order without Congressional action.
http://www.gpo.gov/fdsys/pkg/FR-2014-06-20/pdf/2014-14430.pdf

At least 2069 written comments were submitted during the 60 day comment period. A large majority were opposed to the Department of Interior proposal. The following seven testimonies are especially valuable in opposition because they explicitly rely upon the fundamental principles of racial equality and the unity of all Hawaii’s people under the undivided sovereignty of the State of Hawaii:

(1) Kenneth R. Conklin of the Center for Hawaiian Sovereignty Studies
http://www.regulations.gov/#!documentDetail;D=DOI-2014-0002-0887
and
http://big09.angelfire.com/ConklinTestmnyDOI081514RulesChangeHawnTribe.pdf

(2) Keli’i Akina, President, Grassroot Institute of Hawaii
http://big09.angelfire.com/ANPRMopposeGRIHKeliiAkina.pdf

(3) Hans A. von Spakovsky of The Heritage Foundation
http://thf_media.s3.amazonaws.com/2014/pdf/LM136.pdf
and
http://big09.angelfire.com/ANPRMopposeHeritageVonSpakovsky.pdf

(4) Paul M. Sullivan
http://big09.angelfire.com/ANPRMopposePaulSullivan.pdf

(5) H.W. Burgess
http://big09.angelfire.com/ANPRMopposeHWBurgess.pdf

(6) Sandra Puanani Burgess
http://big09.angelfire.com/ANPRMopposeSandraPuananiBurgess.pdf

(7) Jack Miller
http://big09.angelfire.com/ANPRMopposeJackMiller.pdf

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“Pacific Gibraltar” — important new book on Hawaiian history

In 2011 a major book was published by a highly respected historian who analyzed the Hawaiian revolution and annexation.

William M. Morgan Ph.D., PACIFIC GIBRALTAR: U.S. – JAPANESE RIVALRY OVER THE ANNEXATION OF HAWAII, 1885-1898 (Annapolis: Naval Institute Press, 2011). It is available at “Bookends” in Kailua, and amazon.com. Sixteen copies are scattered around various branches of the Hawaii Public Library. A detailed book review, with many lengthy quotes from each chapter, is at
http://tinyurl.com/8y2s6o5

Most Hawaii readers will be surprised by details about Grover Cleveland’s attempt to overthrow President Dole and restore the Hawaiian monarchy through a combination of diplomatic and military intimidation in mid to late 1893; and by the fact that Congress considered it perfectly proper to use joint resolution in 1898 as the method of ratifying Hawaii’s five-year-long eager request for annexation.

Perhaps the biggest surprise in the book is the seriousness of Japan’s diplomatic maneuvering — and deployment of multiple warships in Honolulu as a show of force — to block annexation and to demand voting rights for Japanese living in Hawaii. The U.S., Hawaii, and Britain were worried Japan could gain political control of Hawaii through demographic conquest, and/or an imminent Japanese military occupation of Hawaii. The U.S. and Britain counteracted Japan’s multiple warships by their own deployments of warships in Honolulu harbor.

The author, William Michael Morgan (no relation to Senator James T. Morgan of the 1894 Morgan Report), has a Ph.D. in History from Claremont Graduate University. According to information about his book at amazon.com, Dr. Morgan was a Foreign Service officer in the Department of State for more than 30 years, and lived in Japan for 13 years, first as a Marine lieutenant in 1971-72 and then three assignments in the Foreign Service. His State Department domestic jobs included Director of the Japan-Korea desk of the old U.S. Information Agency, Acting Director of the International Visitor Leadership Program, and Director of Analysis for East Asia and the Pacific in the Bureau of Intelligence and Research. During 2007-09, he taught U.S.-Japan relations and National Security and Public Diplomacy at Georgetown’s School of Foreign Service while on “detail” from the State Department.

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The Lure of Bad History

A long time ago, in a state far, far, away, I was a history major.  In answer to the question already forming on the lips of some of my readers, no.  I did not want to be a teacher.  I was a history major because I liked history in general and I liked it a whole lot more than other things that one can major in. I also, quite obviously, had no notion whatsoever of useful majors for lucrative post-college careers.  But that’s not the point of being a history major.  The point of being a history major is the ability to watch movies and then bore your friends with a huffy catalog of historical inaccuracies therein.  Be kind to your history major friends as they do this.  They had to write 20-page examinations of the political situation in medieval France and have no other outlet for this knowledge.

And we do live in a world full of historical inaccuracies.  This is nothing new, of course.  The temptation to reframe history for one’s own purposes (or because of one’s own biases or learned biases) is an eternal one.  What’s important is that we recognize that tendency and work to prevent it from becoming the basis of bad policy.  No, I’m not just legitimizing your friend’s tendency to go on about the problems in the movie Titanic.  (A noble calling in itself.) To some extent, history can be a matter of interpretation, but we can’t just give bad facts and specious interpretations a pass.

And when it comes to Hawaiian history, boy do we have a minefield of inaccuracy.  Whether based on the desire to romanticize the past or a political agenda, very few things have become as distorted as Hawaii’s path to US statehood.  It can even rear its head in a simple corporate publication, as Ken Conklin’s recent article in the Hawaii Reporter demonstrates.  Conklin identifies and corrects a series of inaccuracies in a recent HMSA magazine. The article is worth reading in its entirety, but here is a small sample:

Jokiel writes “In the years following the 1893 overthrow of the Kingdom of Hawai’i, the new government worked tirelessly to eradicate the Hawaiian language.” That’s totally false. Here’s what’s true.

Immediately after the revolution of January 17, 1893 royalist newspapers (both Hawaiian and English language ones) were suspended by the Provisional Government. That’s normal after any revolution. But after a few weeks all the newspapers resumed publication, with zero censorship.

Noenoe Silva published a book in 2004 entitled “Aloha Betrayed: Native Hawaiian Resistance to American Colonialism.” On page 181 Silva says there were both Hawaiian-language and English-language newspapers supporting Lili’uokalani after the overthrow and throughout the Republic period; and also newspapers in each language that were pro-Republic.

When the Republic of Hawaii was created in July of 1894, its Constitution was published in both English and Hawaiian. The continued publication of Hawaiian language newspapers, and publication of the Republic’s Constitution in Hawaiian, clearly disprove Jokiel’s assertion that “the new government worked tirelessly to eradicate the Hawaiian language.”

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