Broken Trust: Greed, Mismanagement & Political Manipulation at America's Largest Charitable Trust

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University of Hawaii Press, 2006 - History - 324 pages
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Princess Bernice Pauahi Bishop was the largest landowner and richest woman in the Hawaiian kingdom. Upon her death in 1884, she entrusted her property--known as Bishop Estate--to five trustees in order to create and maintain an institution that would benefit the children of Hawai‘i: Kamehameha Schools. A century later, Bishop Estate controlled nearly one out of every nine acres in the state, a concentration of private land ownership rarely seen anywhere in the world. Then in August 1997 the unthinkable happened: Four revered kupuna (native Hawaiian elders) and a professor of trust-law publicly charged Bishop Estate trustees with gross incompetence and massive trust abuse. Entitled Broken Trust, the statement provided devastating details of rigged appointments, violated trusts, cynical manipulation of the trust s beneficiaries, and the shameful involvement of many of Hawai‘i s powerful.

No one is better qualified to examine the events and personalities surrounding the scandal than two of the original Broken Trust authors. Their comprehensive account together with historical background, brings to light information that has never before been made public, including accounts of secret meetings and communications involving Supreme Court justices.

 

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Page 119 - In Germany they first came for the Communists, and I didn't speak up because I wasn'ta Communist. Then they came for the Jews, and I didn't speak up because I wasn'ta Jew. Then they came for the trade unionists, and I didn't speak up because I wasn'ta trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me —and by that time no one was left to speak up.
Page 85 - The librarian shall, on the first day of each regular session of the legislature, make a full and complete report of all receipts and expenditures, and of the condition of the library, and all other matters in relation thereto, for the information of the legislative assembly.
Page 78 - ... having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity; as the basis of their continued existence as peoples, in accordance with their own...
Page 119 - I didn't speak up because I wasn'ta Jew. Then they came for the trade unionists, and I didn't speak up because I wasn'ta trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me, and by that time there was no one left to speak for me.
Page 78 - Hawaii became the 50th State of the United States; Whereas the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land; Whereas the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people; Whereas the Native Hawaiian people are determined to preserve, develop and transmit to future generations...
Page 4 - Member or employee who receives an authorization under paragraph (1) from the Speaker of the House of Representatives, the President of the Senate, the...
Page 78 - Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people over their national lands to the United States, either through their monarchy or through a plebiscite or referendum Comment: "Inherent Sovereignty". The Apology Resolution as well as the bill refer to the "sovereignty" or the "inherent sovereignty" of the "Native Hawaiian people...
Page 79 - Hawaiians; (3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination...
Page 31 - Thirteenth. I give, devise and bequeath all of the rest, residue and remainder of my estate real and personal, wherever situated unto the trustees below named, their heirs and assigns forever, to hold upon the following trusts, namely: to erect and maintain in the Hawaiian Islands two schools, each for boarding and day scholars, one for boys and one for girls, to be known as, and called the Kamehameha Schools.
Page 78 - No reference is made to the 32nd clause that "the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land.

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About the author (2006)

Samuel P. King received his undergraduate and law degrees from Yale University. After serving in the U.S. Navy as an intelligence officer during World War II, he returned to Hawai‘i to practice law. In 1972, after having served as president of the Hawai‘i State Bar Association and as a Hawai‘i Circuit Court judge and co-founder of the state’s family court system, King was appointed a U.S. District Court judge. His father, Samuel W. King, was a Bishop Estate trustee from 1957 until his death in 1959.

Randall W. Roth has taught at the University of Hawai‘i William S. Richardson School of Law since 1982. In 1997 he was a visiting professor at the University of Chicago Law School, and in 2003 he served as Hawai‘i Governor Linda Lingle’s senior policy adviser during her first year in office. He also has served as president of the Hawai‘i State Bar Association, Hawai‘i Justice Foundation, Hawai‘i Institute for Continuing Legal Education, and Hawai‘i Estate Planning Council.

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