Category Archives: Law

Visiting the Leprosy hospital in Kalihi a hundred and fifty years ago, 1866.

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[Found under: “MA KE KAUOHA.”]

The person and people perhaps who wish to go and see the Leprosy Hospital at Kalihi [Halemai Lepera ma Kalihi], and their friends there.

Therefore, I say to everyone, the hours between 2 o’clock and 4 in the afternoon, on Tuesdays and Fridays, are set aside to go and see; and no one will be allowed during other times except for the Clergy going there to see the patients [poe mai].

By order of the Board of Health [Papa Ola].

T. C. Heuck,
Secretary of the Board of Health.

Office of the Board of Health, H., June 11, 1866.

(Au Okoa, 7/9/1866, p. 3)

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Ke Au Okoa, Buke II, Helu 12, Aoao 3. Iulai 9, 1866.

Short biography of the great Joseph Mokuohai Poepoe, 1912.

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JOSEPH MOKUOHAI POEPOE

This candidate for the legislature in the Democratic party of Oahu nei was born at Honomakau, which is famous for the saying: “No youth of Kohala goes out unprepared” [“Aohe u’i hele wale o Kohala”]. This also is the birthplace of the Hon. H. M. Kaniho. He was born on the 27th of March, 1852. When he was small, he was brought to Honolulu. He entered into the districts schools [kula apana] here in Honolulu, and also in Kalauao, Ewa. And thereafter he attended the Royal School at Kehehuna, and its head Instructor was Mr. Beckwith. After two years there, he entered Ahuimanu College in Koolaupoko, under the instruction of the Fathers Elekenio, Remona, Livino, and the many other teachers. He was taught law in North Kohala under Judge P. Kamakaia. He returned here to Honolulu and studied law at the law school of W. R. Castle [W. R. Kakela], as well as at the law school of S. B. Dole. He studied law with lawyers Davidson and Lukela. In 1884, he received his full license to practice law in all Courts of Hawaii nei, and he still retains his law license. He was an editor for many of the Hawaiian-language newspapers in this town. Currently, he is the editor for KE ALOHA AINA. He was a teacher at the boarding school of Rev. E. Bond [Rev. E. Bona] in Kohala. He was the first to establish an English language school in North Kohala, Hawaii. He was an assistant teacher at the British Government School at Ainakea, under H. P. Wood, and thereafter under E. N. Dyer. For many years he tried to join the Legislature, so that the lahui would see him pass laws that would benefit the lahui in need; but the people did not assent. Now his hope is that it will be in the upcoming election that the voters will come through, making him a Representative, whereupon he will show his works for the good of the land and for the advancement of the lahui.

[Poepoe played a huge part in the history of the Hawaiian-Language Newspapers! I was happy to find this. Also, I just saw this morning more on the Catholic school at Ahuimanu on Nanea Armstrong-Wassel’s instagram page. Go check it out. There is a picture of the school as well!]

(Aloha Aina, 10/26/1912, p. 1)

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Ke Aloha Aina, Buke XVII, Helu 43, Aoao 1. Okatoba 26, 1912.

Clarification from the Commissioners to Quiet Land Titles, 1846.

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TO ALL CLAIMANTS OF LAND IN THE HAWAIIAN ISLANDS.

The undersigned have been appointed by His Majesty the king, a board of commissioners to investigate and confirm or reject all claims to land arising previously to the 10th day of December, 1845. Patents in fee simple [alodio], or leases for terms of years, will be issued to those entitled to the same, upon the report which we are authorized to make, by the testimony to be presented to us.

The board holds it stated meetings weekly at Hale Kauila in Honolulu, to hear the parties or their counsel, in defense of their claims; and is prepared, every day, to receive in writing, the claims and evidences of title which parties may have to offer, at Hale Kauila, in Honolulu, between the hours of nine in the morning and three in the afternoon. Continue reading →

Land Commissioners, 1846.

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PAY HEED!

On the 9th of February, the King appointed Keoni Ana as Minister of the Interior [Kuhina Kalaiaina].

On the 10th of February, John Ricord, William Richards, Zorababela Kaauwai, J. Y. Kanehoa, and Ioane Ii were appointed Commissioners to settle land claims [Luna hoona i na kumu kuleana aina]; the Minister of Interior selected them and gave them an oath as per what is prescribed in Article 4 of Chapter 7 of Part One of the Second Act of Kamehameha III.

[O ka hoohiki, oia no:

Ke hoohiki nei kela mea keia mea o makou, e imi pono me ka paewaewa old i na kumu kuleana aina a na kanaka i hoopii mai nei no ke Aupuni o ko Hawaii pae aina, a e hooholo makou i ka olelo pono no ua kuleana la, ke kumu kuleana, ka loihi o ke kuleana, a me ka nui o ka aina, e like hoi me ka olelo iloko o ka Haawina eha o ka Mokuna ehiku o ka Apana m ua o ke Kanawai i kapaia, ‘He Kanawai hoonohonoho i na hana i haawiia i na Kuhina o ko Hawaii Pae Aina,’ i hooholoia ma Honolulu i keia la _____ o _____, 18_____.

Imua o’u _____ _____, ke Kuhina Kalaiaina.

The oath reads:

We and each of us do solemnly swear that we will carefully and impartially investigate all claims to land submitted to us by private parties against the government of the Hawaiian Islands; and that we will equitably adjudge upon the title, tenure, duration and quantity thereof, according to the terms of article fourth of the seventh chapter of the first part of an act entitled “An act to organize the executive departments of the Hawaiian Islands,” passed at Honolulu, _____ day of _____, 18____.

Subscribed and sworn to, this _____ day of _____, 18_____.

Before me, _____ _____,

Minister of the Interior.]

(Elele Hawaii, 3/3/1846, p. 184)

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Ka Elele Hawaii, Buke I, Pepa 24, Aoao 184. Maraki 3, 1846.

Cars collide a hundred and fifty years ago? 1866.

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[Found under: “HUNAHUNA MEA O HAWAII NEI.”]

Cars Collide.—On Wednesday Saturday last week, that being the 20th of January, some horse carts collided on Maunakea Street. One was a horse cart belonging to a haole, the other horse cart belonged to a Hawaiian. When the cars collided, the harness [ili kaa lio] of one of the cars came off, and the other remained as always. The Hawaiian to whom belonged one of the cars was taken to Jail [Halewai] and he was tried in front of the Police Justice [Lunakanawai Hoomalu], and he was penalized as per the laws dealing with vehicles. Proceed with caution in this town lest there be confusion. The lives of the two of them however were not harmed.

(Kuokoa, 1/27/1866, p. 2)

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Ka Nupepa Kuokoa, Buke V, Helu 4, Aoao 2. Ianuari 27, 1866.

Thomas McCants Stewart passes on, 1923.

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The black Lawyer, McCant Stewart has passed on

On the 13th of January, the Black Lawyer left behind this life, the one whose name is placed above; and he died at Saint Thomas, in the Virgin Islands, at 68 years of age. Some people of Honolulu are remembering him, this Black Lawyer who resided in Kalihi, and participated in politics in those days of they years of 1903, 1905, 1907, and it was this Black Lawyer who contributed greatly to the County Law as it now stands today, and it was due to his greatly trusted guidance that the County Law stands here in Hawaii.

After he left Hawaii nei, he went to the Republic of the Blacks in Liberia, Africa, and he became the Attorney-General for that Republic for a number of years, and under his leadership, that Black Republic of Africa gained some very fine laws. His daughter is currently living on Kauai, and she has married a Chinese man on Kauai, and she is employed as a School teacher at Anehola, and is a leader in politics in that area of the Republican party.

[If you want know more about this fascinating man, drop your plans for Friday night, February 5, 2016. There will be a presentation done by Dr. Albert Broussard, professor in the Department of History at Texas A&M University. It will be from 5:30 to 7:00 p. m. at Aliiolani Hale. Click here for more!]

(Hoku o Hawaii, 2/22/1923, p. 2)

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Ka Hoku o Hawaii, Buke XVI, Helu 39, Aoao 2. Feberuari 22, 1923.

Hawaiian birds and the law, 1865.

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ANNOUNCEMENT.

KNOW YOU ALL BY THIS Announcement; prohibited totally is the catching and the killing of Oo and Mamo birds living on the personal lands of King Kamehameha V, and from this day forward, no Oo is to be injured or killed on the lands of the Monarch; not by using lime [ke kapili kepau ana], not by snaring [ka ahele puka kaula], not by shooting [ke ki pu ana]; it is totally kapu. The person or persons who go against the words above, they each can be prosecuted.

R. KEELIKOLANI,

Governor of Hawaii.

Hilo, Hawaii, August 1, 1865.

[Might any of you law people know if there were any Kingdom laws on the books that outlawed the catching or killing of native birds? I have seen laws prohibiting the killing of non-native birds, but not native birds.]

(Au Okoa, 9/4/1865, p. 4)

OLELO HOOLAHA.

Ke Au Okoa, Buke I, Helu 20, Aoao 4. Sepatemaba 4, 1865.

Reissue of copyright for J. W. H. Kauwahi’s “Kuhikuhi o Kanaka Hawaii,” 1868.

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COPYRIGHT.

BE IT REMEMBERED THAT, ON THE 1st day of February, A. D. 1858, J. W. H. KAUWAHI, of Lahainaluna, Island of Maui, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit:

“Kuhikuhi o Kanaka Hawaii.”

Now, therefore, know all men by these presents, that I, L. Kamehameha, H. H. M.’s Minister of the Interior, in accordance with a resolution of the King in Privy Council, bearing date the 15th day of February, 1858, and by virtue of the authority in me vested by Section 1st of the general provisions of Article 4. Chapter 7, of the Act to organize the Executive Departments—laws 1845 and 1846—do hereby grant unto the said J. W. H. Kauwahi, his executors, administrators and assigns, the sole right and liberty of printing, reprinting, publishing and vending the said book of forms in the Hawaiian Islands, for the term of ten years from the 15th day of February, A. D. 1858.

In testimony whereof I, L. Kamehameha, His Majesty’s Minister of the Interior, have caused the seal of the Interior office to be hereunto affixed this 18th day of February, A. D. 1859.  L. KAMEHAMEHA.

Be it remembered that, on the 22d day of February, A. D. 1868, J. W. H. Kauwahi, of Lahaina, Island of Maui, in accordance with Section 3d of an Act “To encourage learning in this Kingdom, by securing the copies of charts, maps and books to the authors and proprietors of such copies,” approved on the 31st day of December, 1864, has deposited in this office a copy of his book, entitled,

“KUHIKUHI O KE KANAKA HAWAII,”

The rights of which he claims as author.

In testimony whereof I have hereunto set my hand and caused the seal of the Interior Department to be affixed at Honolulu, this 18th day of March, A. D. 1868.

FERD. W. HUTCHISON,

Minister of the Interior.

[Wow. I have personally not seen a copyright issued before in the Kingdom. I wonder how many were issued total. I came across this announcement and recalled a recent post on this publication put up by the Hawaiian Historical Society. What a coincidence.]

(Pacific Commercial Advertiser, 4/18/1868, p. 2)

COPYRIGHT.

The Pacific Commercial Advertiser, Volume XII, Number 40, Page 2. April 18, 1868.

Hula common nuisances? 1859.

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[Found under: “HAWAIIAN LEGISLATURE. ADJOURNED SESSION 1858: House of Representatives: Dec. 29, Twenty-First Day.”]

REPORTS OF COMMITTEES.

Mr. Sheldon from the select committee on the subject of hulas, presented a draft of a bill for their suppression, as follows:

“An act to suppress the Hawaiian Hulas.

Be it enacted, &c:

Sec. 1. That the Hawaiian hulas mentioned in this section are common nuisances. Whoever shall publicly perform the following hulas, viz: Kuolo, Pahu, Puniu, Paipu, Paiumauma, Kakalaau, Kihelei, Pele, Ulili, Kii, Kilo, Kake, Pela, Alaapapa, Pana, Ami, Pahua, Olapa, and hulas of like nature, whether performed by an individual or by an assembly, shall, on conviction thereof, be punished as guilty of a common nuisance. Provided, however, that this act shall not be regarded as prohibiting any Court of the Kingdom from applying the law of common nuisance to any dances or hulas not specified in this section, if they be proved nuisances.

Sec. 2. This act shall take effect at the expiration of three months from the date of its publication in the Polynesian and Hae Hawaii newspapers.”

Ordered for Friday next.

[The members of the House there that day were: S. P. Kalama, S. Lainaholo, James I. Dowsett, J. H. Kaakua, J. W. Austin, Paul F. Manini, M. Kapihe, J. S. Low, Ioane Richardson, C. K. Kakani, D. Nuuhiwa, J. H. Kaauwaepaa, R. S. Hollister, E. P. Kamaipelekane, J. E. Chamberlain, Z. P. Kaumaea, M. Kenui, J. W. B. Kiolea, J. W. Kupakee, J. Kahai, J. M. Kalanipoo, D. H. Hitchcock, and H. L. Sheldon.

The committee itself was made up of H. L. Sheldon, James I. Dowsett, and S. P. Kalama.]

(Polynesian, 1/1/1859, p. 2)

REPORTS OF COMMITTEES.

The Polynesian, Volume XV, Number 35, Page 2. January 1, 1859.

 

Select committee to decide whether to protect birds, 1876.

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[Found under: “Ke Kau Ahaolelo o M. H. 1876: La Hana 88—Poakolu, Augate 16.”]

Order of the Day.

The bill to protect the oo, iiwi, mamo, and akakane birds for the king, so that they are not killed, was read for the third time. It was left to the select committee [komite wae], Kaai, Aholo, Kahanu, Nahaku, and Wana.

[This is found in the minutes of the 1876 Session of the Legislature.]

(Kuokoa, 9/2/1876, p. 1)

Na Hana o ka La.

Ka Nupepa Kuokoa, Buke XV, Helu 36, Aoao 1. Sepatemaba 2, 1876.