The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1868-09-02

I the subject, and Is worthy Of candid atten-
tion By cur readers,
Nix. EpIrogs The law passed by the las,
Legislative Assembly, regarding contracts
between masters and servants, was meant to
insure fan understanding in the hcgiunlng,
between the parties TO the contract, OF the
terms agreed upon, and therefore provided
that it should Be made In both languages,
the Hawaiian and English 1t also provides
that the Minister Of Interior shah issue a
form Of contract, but rendering such
form obligatory, except In SO far as il might
be urged upon the courts, In case OF suit,
that il is implic., in the law that the form
prescribed BY the Minister was the one de-
signed BY the Legislators for general use.
but as understand inc law of agreements,
parties may agree among themselves to any
conditions, and If properly drawn, and law.
fal in themselves as TO the acts to be per
formed, they must be held TO the perform
ance promised, by the courts, without any
damage by reason Of the particular form in
which the contract may be drawn. Hence,
though the Minister of the Interior may
publish form, II still remains to private
parties TO modify or change its terms, as may
suit the circumstances or the ends proposed
in their agreements, subject at all times, of
course, to the law as held by the Courts.
The form, ss published in the GAZETTE, 1
consider exceedingly Objectionable; and the
form at present in common use is preferable,
and viii preserve better the rights of master
and servant The private forms in general
use provide stipplations as to time, character
of service, obedience on the part of the ser
want TO all lawful commands Of the principal,
or those deputed under him as lunas, the
amount of wages, and the further stipula-
tion that he will work out whatever debt he
may owe&hy reason of advances or over
payments but makes no provision that the
master shah be insured against loss by reason
of the sickness or inability of the servant.
Justice, as between the parties, requires tha.
contract should expressly state that the
lahorer agrees to fulfill six or twelve months
las the case may beA, in actual work, CON-
puted al the rate Of twenty-six days per
month, from the date of the contract
It's the custom on some plantations,
especially where the laboTer has a house Of
his own, and neither sleeps nor eats on the
plantation, to count his month by the days
work, as shown by the time-book, not by
the lapse of time as marked BY the calendar
month, and so soon as twenty six days work
is noted on the book, the months wages are
due and paid
But this custom does not find expression
in the words of the contract, which is drawn
up in general terms, and expresses definite
period-one, two, or three years-as the
period Of service. Some of the magistrates
interpret the contracts to mean working
days, aud hence ascertain from the time
book the number of days service actually
rendered, and reckoning them at twenty-six
to the month, adjudges whether the contract
has expired OF not. Other magistrates un-
derstand the contract time to refer TO the six
or twelve months Immediately succeeding the
date Of the agreement, without any reference
to the other condition, viz labor performed.
Thus, if man contracts, say Jan. 1, to work
for 12 months, and Is sick the whole time,
not performing single days labor, he has,
nevertheless, accomplished his part Of the
agreement, and must be paid and discharged
II laborsr wiIfully, or without leave, ab-
sents himself from work, the law allows the
master redress by rendering the laborer liable
for two days to every one that he has so alb
- T. ~ 1-f-l
absence, or inability through protracted sick
ness, the master, BY the Interpretation as
given BY some magistrates, has no redress,
nor security, against loss
By the custom Of the country, II is now
impossible TO obtain men on contracts with
out large advances in cash; in some cases
extending to more than half the stipulated
wages for year In the new forms, pro-
vision should be made that this advance
be charged to the laborer, and be paid out
of his monthly wages; or the contacts
might specify the advance as bonus, with
50 much per month as wages. which must be
reduced so much per month as would make
fair rate for the year, both amounts com
biHed- Such a system would have great sd-
yantages, and it would undoubtedly check
the tendency which the men have to over
draw their wages, through the purchase of
goods.
It Is not stated in the contracts, as given
in the GAZETTE, that the men shall obey the
orders Of the Iunas, as well as those Of the
managers They often aIlege, as an eDsuse
for neglect of duty, that the orders did not
come direct from the principal
It is stated that Izborers shall be shipped
in certain capacity, or for specified work,
but in miscellaneous plantation york it Is
impossible to specify in which particular de-
partment the men viii be needed To-Day,
it Is in cultfTafing the fields; tomorrow, in
the boiling-house; another day, hauling
wood, or taking care Of cattle Neither, IN
many instances, can it be known, when the
men ship, in what particular work they viii
Be the most useful and serTiceabIe
Tie third provision Of the contract Is alb
solateIy unnecessary. When men desire to
reshiP, before the expiration Of the con-
t-scts, the old one Is voided by adding It's
urexpired term 10 that agreed to in the new,
and the neE contract il substituted for the
old
Il seems, therefore, 70 me, that the law
bezrs harder upon the employer than upon
the men, for It Is in their option not to ex-
tend their obligations b. large advances, By