OHA

SETTLEMENT QUANTIFIES DEBT DUE AND OWING

As lawmakers prepare to hold hearings on the proposed public lands trust settlement, it's important to point out that the debt owed to OHA for Hawaiians is based on the State Constitution and Hawai'i statutes. OHA is legally authorized to own land and to collect some of the income and proceeds from the public lands trust for use by Hawaiians.

The Hawai'i Supreme Court has repeatedly recognized this legal obligation. Except for the period between Sept. 12, 2001, and early 2003, when then-Gov. Ben Cayetano stopped all payments to OHA, the state administration and Legislature have provided OHA with some revenue for the state's use of public lands. The settlement resolves the longstanding dispute over how much revenue is due OHA.

Some wish this were a "global settlement," some wrongfully believe it is. The fact is OHA does not have legal standing to settle land claims "for losses traced to the overthrow of the (Hawaiian) kingdom."

Those claims can only be asserted by a successor government, which OHA is not. The settling parties are clear that no land claims are being resolved under the agreement. Instead, OHA is giving up its right to sue for revenue legally due OHA from 1978 to 2008 in return for compensation of $200 million.

The settlement brings certainty out of uncertainty. It quantifies a debt due and owing and eliminates further suit as long as the annual revenue stream in the future is at least $15.1 million.

LOCAL RESTAURANTS

RESTAURANT CLOSING BRINGS BACK MEMORIES

Wayne Harada's Jan. 31 story about the closing of the Golden Dragon Chinese Restaurant at the Hilton Hawaiian Village elicits memories of Henry Kaiser, the builder of the Hawaiian Village Hotel, and his opening of the Golden Dragon with the famous P. Y. Chong in charge.

P. Y. Chong originally found fame and fortune at Lau Yee Chai in Waikiki. He was a fabulous chef and legendary businessman.

During World War II, he operated the P. Y. Chong restaurant in a big white mansion on Ala Moana in the front yard of the Ala Wai Boat Harbor. I lived aboard my boat at the Ala Wai and used to deliver fresh fish to P. Y. at the back door of his restaurant in exchange for some of the best Chinese food in town.

During the war, P. Y. was famous for his full-page advertisements in The Advertiser. Servicemen from all over the island would stand in line for that wonderful food.

After the war, P. Y. ended up at a little restaurant on Kalakaua Avenue in Waikiki. That's where Henry Kaiser found him and installed him as the head man at the Kaiser Hawaiian Village House of the Golden Dragon.

P.Y. enjoyed posing for photographs with his guests. Taking a picture with P. Y. Chong was one of the high points of a visit to Hawai'i for my mother-in-law, Mrs. Elta Munson of Rochester, Minn.

MANY IN THE MILITARY ARE NOT GOOD TIPPERS

I work at one of the busiest and most successful restaurants on the North Shore and am dismayed by the lack of tips or proper tips by a good percentage of military personnel.

Our restaurant is known for a great atmosphere, fast and courteous service, and the best Mexican food on the island.

This lack of proper tipping etiquette by military patrons is shown at other restaurants around Hale'iwa as well.

Fifteen percent is a proper tip for average service, with 20 percent for good service. A tip of 5 percent or $1 left on the table is embarrassing.

We are the hard-working Americans whose taxes pay your salary, fund the war and educate your children.

It is not only insulting to hard-working Americans, but disgraceful to your country to not tip properly.

SHOULD DINERS JUST GET USED TO POOR SERVICE?

Jason Castle's lamentation on poor wine service in restaurants ("Raise a Glass," Jan. 30) is symptomatic of the "me generation" and extends beyond the cork- or screw-capped bottles of vino.

Recently, dining-out guru and columnist Jo McGarry also focused on poor service in local eateries.

Both are on target; however, take a moment to survey the industry's evolution over the past decade. Having pride in whatever you do is old-fashioned. Remember when great-grandpa started the business based on customer service and satisfaction?

Today the "bottom line" is the only goal - from the reservations taker to the food server who never knows what's on the menu, to the wine steward whose inventory never seem to reflect the wine list, or the four cases of Veuve Cliquot in storage but not a single bottle chilled.

ISOLATED INCIDENT?

At least four other well-known restaurants were as guilty. Never used to happened before. Jason and Jo, mahalo for pointing to the obvious, but be prepared for more of the same as time goes by.

TRANSIT

PEOPLE SHOULD TRY RAIL BEFORE CRITICIZING IT

I'm really tired of these self-proclaimed experts who claim that HOT lanes are the answer to our traffic problems. What makes them such experts without even having been on a subway?

I've lived in many cities and ridden subways and trains in more cities than most people have ever been to, and I can tell you that transferring to a bus isn't as difficult as people think.

In fact, many people in the cities I lived in choose to catch a bus and transfer to rail, then catch a second bus rather than just catch one bus because it's still much faster. I was hooked on rail after just one ride in Japan.

HOT lanes, on the other hand, are just plain annoying. Toll roads are always slow, even with EZ passes. Traffic always gets backed up long before the toll booths, and you have to endure a long wait before you even see the toll booth.

People who are opposed to rail should try it before criticizing it.

Rail may cost more than HOT lanes, but you get what you pay for. Real-life experience is worth more than reading about it.

KAILUA, LANIKAI

LEASH LAW NOT BEING OBSERVED ON BEACHES

I jog and walk Lanikai and Kailua beach every day. I can't tell you the number of times that dogs not on leashes have lunged at me, nipped at my heels or tried to jump on me.

Where I previously lived, I was bitten by a dog that wasn't on a leash.

Recently when I was jogging on Lanikai beach, a pretty good-sized dog ran in circles around me and jumped up on me three times.

I could not get him to stop until I stomped my foot and screamed at him. The owners just came casually walking toward me with leash in hand.

I turned around and jogged away as fast as I could after first telling them that I had already been bitten by one dog.

Anyone who does not keep their dog on a leash on Hawai'i's beaches is breaking the law. If a dog trips me up and causes me to fall down, if I'm knocked down or worse yet - if I am bitten again while I am jogging or walking on Hawai'i's beaches, I can assure dog owners that I will not be as understanding as I was with the owner of the dog that bit me the first time.

I also wanted to mention that I saw people walking with their dogs, not on leashes, on Kailua Beach looking at the beached monk seal.

I remember thinking then, what if a large dog attacked the monk seal and the owner could not get him off the seal?

APARTMENTS ARE NOW EYESORE, SAFETY ISSUE

What is going on with the ramshackle apartments on Kailua Road?

This has become an eyesore far beyond what any community should endure.

Piles of rubbish litter the parking lots, broken windows plague the buildings, graffiti adorns the exterior walks and now a stripped-down abandoned car has found its final resting spot in between units of this once-residential area.

If this is what the exterior of the property looks like, imagine what the interiors must look like as a result of looters and vandals.

The owners and the developers of this project should be held accountable and take responsibility for the aesthetics and, more importantly, the safety of this area.

As someone who walks or drives by the area daily, it's an embarrassment to the community. Certainly when permits and approval for this project were obtained, no one expected the area to dilapidate to this degree.

So, perhaps our Kailua Neighborhood Board would like to ask some questions and the owners/developers of this project would like to provide the community with a timeline for demolition, clean-up and assurance the area is safe and secure.