The finding makes 43 sets of remains found on the site since construction began in December 2002.

The state attorney general's office could not be reached for comment last night, but Deborah Ward, state Department of Land and Natural Resources spokeswoman, confirmed that the attorney general is looking into the incident.

Ward said Wal-Mart's contract archaeologist, Akihiko Sinoto, had moved the remains out of the way the day they were found during construction. Sinoto reported the incident to the DLNR two days later, she said.

"In the course of the investigation, we'll learn what reason there might have been on the part of the consulting archeologist (for moving the bones)," Ward said. "We'll have to look into that further."

Sinoto told The Advertiser last night that the latest find was not an isolated burial but part of another cluster that already had been removed.

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Discoveries at Wal-mart site • December 2002 — Construction begins on the Sam's Club/ Wal-Mart on Ke'eaumoku Street • January 2003 — The remains of 25 bodies are discovered during grading work. An archaeologist has determined they might be from the 1853 Honolulu smallpox epidemic. Hui Malama I Na Kupuna O Hawai'i Nei, which oversees perpetual care of the remains of Native Hawaiians, protests treatment of the remains, which are sacred to Hawaiians. • May to October 2003 — 13 more sets of remains are found. By March 2004, the total will reach 42. • July 17 — The 43rd set of human remains is found. "In the course of the investigation, we'll learn what reason there might have been on the part of the consulting archeologist (for moving the bones)." Deborah ward | State Department of Land and Natural Resources spokeswoman

Attorney Moses Haia of the Native Hawaiian Legal Corp., which represents Hawaiian interests in legal matters, called the incident a "blatant violation of the burials law, HRS 6E."

The DLNR contacted Haia upon learning of the incident.

"Deputy Attorney General Jay Paige has informed me that he has referred this matter to the appropriate parties to initiate both criminal and civil investigations," Haia said.

According to state law, when iwi kupuna (ancestral bones) are found during construction, developers must stop work and call the State Historic Preservation Division, which is under the auspices of the DLNR, and the police department.

If the remains are less than 50 years old, police investigate the case. Otherwise, the state is responsible for investigating and making a determination on the remains.

Iwi are sacred to Native Hawaiians and their treatment is an issue of special cultural importance, one that resurfaces often during new construction. It came to a head during work at the Wal-Mart site.

An archaeologist has determined that some of the 42 sets of remains that have been found at six burial spots on the Wal-Mart property may be from the 1853 smallpox epidemic that struck Honolulu.

The state has determined, in consultation with the O'ahu Burial Council and cultural descendants, that those remains will be moved to a reburial site on the property, rather than left where they were found or grouped with other iwi kupuna at another location.

A preconstruction survey of the site had concluded that the property had been urbanized for so long, it was unlikely any remains would be found.

Wal-Mart repeatedly has said it met or exceeded state requirements, including performing an archaeological survey of the site, hiring an archaeologist to be on hand during digging, stopping work immediately when any bones are found and notifying the State Historic Preservation Division of the find.

Haia said he is outraged the iwi would be treated this way.

"We were always concerned that something like this would happen sooner or later at this site," he said.

The Wal-Mart store is near completion and expected to open this year.