The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1868-08-19


Mr.. EDIToR.-The Advertiser comments
upon the form of contract published in your
two last issues. Forms of contract are very
convenient, and used more or less in convey
ances and various departments of business.
Necessarily they must be general in their
character, and where they are inapplicable
they of course will not be used. They are
used merely as matter of convenience and
TO save labor. One object of the use of
forms is also that they are supposed to be
drawn in conformity to law, which all con-
tracts must be, in order TO be legal. SYM
pathize with the Government in its wish to
protect the laborer from oppression, but the
employer also should be protected in his
rights. suppose a contract for service ter
inmates upon the decease of the employer,
but it seems TO me that in this, the law is de-
fective, that is, that some equitable rule
should be established by which laborers upon
an estate should be bound to fulfill their con-
tracts TO the heirs or executors, otherwise q
large estate might be ruined if the owner
should die at a critical time-when the crop
was just ready to be taken off-should they
choose to claim their legal privilege and
leave at once.
can see no oppression to the employed in
their being obliged to fulfill the contract, but
on the contrary it seems only just, and great
injustice to the estate of the employer for
them not to do it. fin this respect the form
is not legal it cannot of course be enforced,
but it seems to me that in this respect the
form is right and the law wrong-not so
however, in some other respects. A con-
tract fixing no penalties of non payment,
when the employed neglects bis duties, is
not just to the employer, and positive con-
tract to pay so much for each calendar month,
irrespective of any delinquency of the en-
ployed does not appear practical. Again,
planters are compelled by circumstances to
make large advances to laborers, which are
to come out of their wages, they generally
contrive TO spend it all, before they commence
service, and then they must draw nearly
their full wages for their current expenses,
so that debt to the employer is almost I'M
avoidable at the close of the term. This
state of things is undesirable and unprofta-
Ole TO the planter, but it is also unavoidable
he submits reluctantly but has no alterna-
tive, but TO do so or sec his crop spoil. And
it seems to me that under this state of things
it is no injustice or hardship to the laborer
TO be bound a reasonable time further, if at
the pypiration of his contract no is sfilI in
debted. He has compelled the planter TO
trust him in the beginning or be would not
work for him. The planter must have his
work or lose his crops. He has to advance
money and lose his interest, as well as risk
the principal in case of death or sickness,
or what is sometimes the case, the employees
spend their advance and secretly contract
again with some one else-what is wanted
is equity to both parties.
The custom of paying advances is the real |
cause of difficulty, TO the planter, and of I'M
easiness to the laborer. He finds himself, |
at the outset of his contract with a debt, |
covering in some cases quite half of the |
wages, of the period contracted for, and not |
to be got rid of, except by the most rigid |
application of the wages left him, TO the |
supply of clothing and other necessaries. |
The custom has been derived from that of |
the whaleships in this port, but the ship has
this security that the Hawaiian once on
board, cannot contract further debts, cannot |
get away, and must work out the advance. |
1t is not SO with the planter. JANUS.