As seen in: The Maui News
Letters to the Editor
POSTED: November 24, 2009
Questions regarding courts' legitimacy remain
In a recent 2nd Circuit Court trial, the defense filed a motion to dismiss for lack of jurisdiction. Included was a motion to compel discovery demanding proof of the state's chain of absolute title to the lands upon which the alleged infractions occurred.
Chain of title is defined as "record of successive conveyances . . . affecting a particular parcel of land, arranged consecutively from the government or original source of title down to the present owner."
Absolute title is defined as "as applied to land, an exclusive title. . . . An absolute title to land cannot exist at the same time in different persons or in different governments."
The motion to dismiss contained considerable evidence that there was never any lawful conveyance of Hawaii kingdom lands or sovereignty to any other government.
The prosecutor provided excerpts from the state constitution and Hawaii Revised Statutes alleging the court's jurisdiction. The judge accepted that and denied the motion to dismiss, completely ignoring questions regarding chain of absolute title.
The Hawaii kingdom holds absolute title to its lands. The state's missing title link is the absence of any treaty with the Hawaii kingdom conveying its lands. A joint resolution of Congress cannot convey any foreign government's lands or sovereignty.
If anyone could show proof of the United States' or the state of Hawaii's unbroken chain of absolute title to Hawaii kingdom lands, unrelinquished claims to those lands would be resolved. Otherwise, serious questions regarding the legitimacy of the state of Hawaii and its courts remain unanswered.
Dan Taylor
Haiku
