CERTIFICATE OF SERVICE

I, JOSEPH P. MANINI, SR., hereby certifys that a true and correct copy of the foregoing instrument entitled "JOSEPH P. MANINI, SR.'S DENIAL OF HIS UNALIENABLE GUARANTEE OF RIGHTS, THROUGH KEKAHA SUGAR COMPANY LIMITED'S FALSE PRETENCES", was duly served upon the following, by depositing a copy of the same at the United States Post Office in Lihue, Kauai, Hawaii, postage pre-paid, and addressed as follows:

June 17, 1989

The Honorable George M. Masuoka
Judge, Fifth Circuit Court

3059 Umi Street

Lihue, Kauai, Hawaii 96766

RE:

KEKAHA SUGAR COMPANY LIMITED VS. JOSEPH P. MANINI SR.,
NATIVE HAWAIIAN HOMESTEADER, et al; Civil No. 88-0156

Dear Judge Masuoka:

Pursuant to Rule 23, Rules of the Circuit Court of the State of Hawaii

By copy of this letter of Laws, Statements and Objections to the proposed Order of Richard J. Kowen

The Plaintiff 1 to 20 by two criminal acts of property damage at Puu Ka Pele Forest Reserve: Kauai Police Department Event/Crime Report: 0-11097- Date: 08-11-88 Time: 1958 and P-4367- Date: 3-29-89 Time: 1519 damaging Defendants Joseph P. Manini Sr's property.

Title 18, United States Constitution, Section 241:
CONSPIRACY AGAINST RIGHTS OF CITIZENS

"If two or more persons conspire to injure, oppress,
threaten, or intimidate any citizen in the free
exercise or enjoyment of any RIGHT or privilege
secured to him by the Constitution or laws of the
United States, or because of his having so exercised
the same; or

If two or more persons go in disguise on the highway,
or on the premises of another, with intent to prevent
or hinder his free exercise or enjoyment of any
RIGHT or privilege so secured----

They shall be fined not more than $10,000.00 or im-
prisoned not more than ten years, or both; and if
death results, they shall be subject to imprisonment
for any term of years or for life.

The Honorable George Masuoka

June 17, 1989

Page 2 Continued

Title 18, United States Constitution Section 242

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

"Whoever, under color of any law, statute, ordinance,
regulation, or custom, willfully subjects any
inhabitant of any State, Territory, or District to the
deprivation of any RIGHTS, privileges, or immunities
secured or protected by the Constitution or laws
of the United States, or to different punishments,
pains, or penalties, on account of such inhabitant
being an alien, or byreason of his color, or race,
than are prescribed for the punishment of citizens
shall be fined not more than $1,000.00 or imprison-
ed not more than one year, or both; and if death
results shall be subject to imprisonment for any
term of years or for life.

"

Title 42, United States Constitution Section 1983

CIVIL ACTION FOR DEPRIVATION OF RIGHTS
(In pertinent part)

"Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or

Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any RIGHTS, PRIVILEGES, OR IMMUNITIES secured by the Constitution and laws, shall be liable to the party injured in an ACTION AT LAW, suit in equity, or other proper proceeding for redress.

"

Title 42, United States Constitution Section 1985

CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS
(In pertinent part)

(3)

DEPRIVING PERSONS OF RIGHTS OR PRIVILEGES

"If two or more persons in any State or Territory
conspire or go in disguise on the highway or on the
premises of another, for the purpose of depriving,
either directly or indirectly, any person or class
of persons of the equal protection of the laws, or
of equal privileges and immunities under the laws;
or for the purpose of preventing or hindering the
constituted authorities of any State or Territory,
from giving or securing to all persons within such
State or Territory the equal protection of the law;

The Honorable George Masuoka

June 17, 1989
Page 3 Continued

or if two or more persons conspire to prevent by
force, intimidation, or threat, any citizen who is
lawfully entitled to vote, from giving his support
or advocacy in a legal manner, toward or in favor
of the election of any lawfully qualified person
as an elector for President or Vice-President, or
as a Member of Congress of the United States; or
to injure any citizen in person or property on
account of such support of advocacy; in any case
of conspiracy set forth in this section, if one or
more persons engaged threin do, or cause to be done,
any act in furtherance of the object of such con-
spiracy, whereby another is injured in his person
or property, or deprived of having and exercising
any RIGHT or privilege of a citizen of the United
States, the party so injured or deprived may have
an action for the recovery of damages, occasioned
by such injury or deprivation, against any one or
more of the conspirators.

Plaintiff-False pretences. In criminal law-"False representation and statements made with a fraudulent design to obtain "money, goods, wares, and merchandise," with intent to cheat. (2 Bouvier, Inst. No. 2308)

A representation of some fact or circumstance, calculated to mislead, which is not true. (19 Pick, Mass. 184)

The claim of the plaintiff to have all of the rights to the Kokee ditch system

Question to the Rights of the license given by the Commissioner of public lands to the plaintiff.

The Revised Laws of Hawaii 1915 Chapter 30 Management and Disposition of public lands

55-R.L. S. 262 Am. (by implication) Organic Act. S. 73.

"by the amendment to Org. Act., s. 73, vesting in the commissioner of public lands the management of all public lands except those set aside for public purposes

The lands of the Kokee ditch system are park lands of Waimea, Kona, Kauai, described in HTS Plat 3087, as follows:

1. Kokee Park

2.

3.

Gov. Exec. Order 1509, May 15, 1952
CSF-11444-A

Puu Ka Pele Park - Gov. Exec. Order 131, January 24, 1923
CSF-3705

Waimea Canyon Park - Gov. Exec. Order 1510, May 15, 1952.

A license generally speaking, is a permission granted by a competent authority. Black's Law Dictionary Second Edition, 1910 p. 723, defines License as follows:

"In the law of contracts. A permission accorded by a competent authority conferring the right to do some act which without such authorization would be illegal or would be a trespass of a tort.

"

It is hereby ordered, adjudged and decreed that the Defendant Joseph P. Manini Sr.'s counterclaim be granted, based on the following:

2.

3.

4.

1.

2.

3.

Title 42, United States Constitution, Section 1983.
Deprivation of Rights, Water Rights to a Native Hawaiian
Homesteader.

Title 42, United States Constitution, Section 1985
Conspiracy to interfere with the Native Hawaiian
Homestead program.

Title 18, United States Constitution, Section 241
Conspiracy against the rights of a citizen

Title 18, United States Constitution, Section 242
Deprivation of Rights under color of law.

Wherefore, defendant Manini prays that this court:

determine the account of surplus water within the Kokee Ditch System that the Defendant Department of Hawaiian Home Lands and Defendant Manini can lawfully withdraw, pursuant to Section 221 of the Hawaiian Homes Commission Act to irrigate the pasture land leased by Defendant Manini from Defendant Department of Hawaiian Home Lands.

Award judgement in favor of Defendant Manini against
Plaintiff for the damages caused by Plaintiff to the
six inch sch-40 pvc waterlines owned by Defendant
Manini,

Award Defendant Manini his costs, attorney's fees, and
such other relief as maybe appropriate in this matter.