The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-08-08

The law published on our first page does not
make it compulsory ON any one to- use any paTtic-
ular form Of contract, except that it be in both
languages. 1t was therefore hoped that Govern
mcnt would furnish n new form, which would sc
cure uniformity in all contracts. protect both par
ties, remoye all objections To the various forms in
use, and recommend itseir to all by its simplicity,
impartiality and legality.
But we are disappointed in the form issued, rs
being not only contrary to law. but unJuSt to both
laborer and master, as every one who has had any
experience with labOrers must zee ut n glance.
What we -~--s s.. s-na JiHat shall, ss for as 10
possible, secure Justice to all concerned, so that
both master and servant can feel secure under its
obligations. That ut present in use. and re-
printed above, appears to cover the ground, but
still may be improved on.
Since the above was prepared, We have received
the following communication on the same subject,
which goes more into details
Nh. EDITOR The 'pronunciamiento'' in the
Gazette Of the 9TH inst, entitled " by Authority"
and " Pursuant 10 the provisions Of the Act to regu-
late contracts between Masters and Servants con-
tanning the form OF contract in B. both () languages"
as authorized by the Minister Of the Interior, is
amusing.
do not understand that the Act mentioned gives
the Minister the authority to prepare n form of con-
tract, which alone must be used, all others being
void. The Act which has been given birth to this
form, reads as follows:
SECTION 1. AL contracts sr service between Masters
AMI Servants where either u the contracting PARTIES is Of Tia
Waitln birth, shall b. written and printed in both the Hawaiian
law when executed m one language o1ly"
lied 10 prepare, in both languages, printed iorms Of contracts
n provided Gr in the Er-suing section, ia blank, A. To- place,
Of residence"
In short, section = means this the Minister of the
Interior is authorized to PrtpIre . form of contract
in both languages, (with certain blanks,) as a con-
venienee to the public, which they may purchase and
use, or not, rs they please l was amused to think
that the Minister could conceive that the Legislature
had conferred upon him the power to make all the
stipulatiOns and conditions in every contract between
Masters employing Hawaiian servants supe-
rior to those enjoyed by the Legislature or the King
Certainly, il he has, rs IL assumed. the power to
prescribe the form Of the contract which must be
used, he has also the power TO make that form as he
chooses, though it be preI0sterOus. severe, anil oP-
pressive ia the extreme. Yet the Ga=sne would
have us believe that this power is delegated to the
Minister in fact. that all . Masters and Servants
hereafter are to surrender to the Minister Of the In
terror their rights under the laws to make bargains,
agreements and stipuiatiOns varying according to the
necessities ef each case-for hCncCforth al! such con-
tracts must be stretched ON the Minister'S ".(OTm,'
before they can be considered valid
But l am also amused to think that the Home
Ohiee'' which has an Attorney General to consult
with. should have issued n form Of contract in itself
~ bad The contract n published. as illegal IT
makes n slave Of the Hawaiian, for it allows him
no d1fseiHs psrs0aaTua. NO choice Of persons: for
his Masters, but obIges him 10 perform such labor
as the Master, = his heirs, eEscufors and admisira-
TORS shall drTeek.'' Fortunately for the Hawaiian,
however, the law Of the land Is otherwise. for Sec
ton 1924 Of the Civil Code reads-"N No contract Of
service, SC, shall bind the servant after the death Of
kis Muster"
But the Minister in his form Of contract passes the
Hawaiian servant to the heirs, executors and adj
ministrators,' like n parcel Of real estate
The Ministers contract besides being contrary 10
Lsr, and therefore roid, is unjust to the employer
for il limits the place Of service to the diairiei and
Island, n restriction which would be found in prac-
tice. to be vexatiOus and inconvenicnt, for it gives the
servant the right to refuse to 10 any duty. however
trivial. outside Of the boundaries Of the district en-
gagged for.
The contract Is defective il contains no distinct.
engagement on the part Of the laborert to work during
any term Of time, for il will be noticed that the con-
tract reads" and that he viii obey all lawful CON-
mands Of the said party Of the first part, during the
term Of - to be computed from the date here
of:'-but he nowhere contracts " to perform labor
during the term Of - SC"
A grayer fault than this last, is found in the
clause which declares that the wages shall be paid
9 at fs end Of each calendar month" The expert
ence Of large Plantations proves that it is impossible