The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-05-07
SUPREME CoURT-AT CHAMBERS.
BiFoRE HAEEIs, G. J..

III AAA' AANAN va >-1 49, Ia anu HFbAZ
Kueu Leong. Petition for writ 81 Habeas
Corpus
This i one Of a number Of cases which have
be.u brought Of late. two of which have been
.r,ued. and before the Court has had time to
announce AN opinion, a decision has been rem
Jered unnecessary by some one on behalf Of the
petitioners. filing the Bond required by the
Minister Of the Interior a. President If the Board
Of immigration. These petitioners arrived from
china on board the steamship " Septina, on
fhe 18th IF February last, III company with
several hundred more. At the time Of the arrival
II the . ~Septima, smallpox existed among her
passengers and the were removed from the
vessel to the quarantine grounds. The pet-
TONERS now allege. that none Of them have been,
or are infected with the smallpox, or any other
disease dangerous 20 the Public Health, and
that. although the usual time tOr quarantine has
elapsed. they are still detained, by order 81 the
Minister Of the Interior. until they shall give
~sureties. or evidence that they will not become "a
charge upon the community
The Return To- the wit sets forth that the
petitioners came 20 this country, at the time and
by the means stated, and that they are ImmI-
grants seeking employment as laborers IN this
country and are liable 10 the Statutes IN that
behalf made, tO-wit ON the 3Oth day Of December
1864 and on the 23rd day Of june 1868, and the
ordinances IN Privy Council made by authority
IF the said Statute. The Statutes IN Question
~ far a. they are applicable 20 tins case. are
Sess. Laws Of 1854, page %, sec. J. There
shall be and II hereby created % Bureau IN the
Department Of the Interior, to- be styled tine
Bureau of Immigration, for the purpose Of
experimenting the importation Of foreign labor
ers. and the Introduction Of immigrants.
Sec. 4. lit shall be the duty Of the Minister
Of the Interior, with the assistance Of the afOre-
said Committee. from time 10 time. to
for the adoption Of His Majesty the King III
Privy Council. such measures and regulations
as may be deemed expedient, to promote and
encourage the Introduction of free immigrants
from abroad.
Sec. 8. Such measures and regulations as
shall from time to time be adopted by His
Majesty the King in Privy Council under the
provisions Of this act, shall be embodied III
Ordinances of the King in Council and the
same shall be published IN a newspaper publish
ID in Honolulu"
Session Laws Of 1868. page 80, Sec. l. 2 and
3. sec. l. lit shall be the duty Of the Minister
81 the Interior, with tine assistance Of the Com,
mittee IF Priyy Council constituting the Board
Of Immigration. as soon as convenient after the
passage of this Act, 10 devise and
for the adoption Of His Majesty the King IL
Prvy Council, such rules and regulations a.
may be deemed necessary for the good govern
ment and control Of immigrants that have been
brought or admitted, or that may be brought oI
admitted into this Kingdom, as servants OF
labOrers. under license or permission from the
Bureau 81 Immigration, or contract with the
Minister Of the Interior.
See. =. % Such rules and regulations a. shall,
from time to time be adopted by His Majesty tn,
kin IN Privy Council under the provisions OF
this Act, shall be- embodied in Ordinances Of the
King in Council and the same shall be published
IN q newspaper. published in Honolulu.
Sec. 3. All such ordinances shall specify the
penalties for violation OF the same. aud shall
have the force Of law and all Courts Of justice
shall take Judicial notice thereof.
And an ordinance was passed ON the l4th day
Of January last as it l. said in pursuance o
these Statutes. II which the Sections applictbl,
to this ease. read a. follows.
Sec. /. On the arrival Of any ship Or yesse
= = T--1- Ln-~IH EA.-
more immigrants on board seeking employment
IN this Kingdom. said immigrants shall not II,
landed from any such ship or vessel. until per
mission to 10 80 shall have been granted by ia,
President, or by an agent Of the Board Of Imui'
grafton
See. =. When such permission l. obtained.
the commanding officer of the vessel, bringing
said immigrants, shall cause them to be LANDED
~ such place provided by the Board Of ImHi
grafton as may be indicated by the agent Of the
Board of immigration a. aforesaid.
Sec. 4. All immigrants landed III the plac,
aforesaid shall be subject to the inspection OF
the Agent Of the Board Of Health, and to sucl
orders a. the Board Of Health may make III the
interests of the health Of the immigrants or thai
Of the public.
Sec. ;. Proper interpreters and f]acilitie,
shall be afforded by the Board OF Immigration I,
enable all such immigrants TO make engagement,
for their services, Understandings and fairly,
and authority - hereby given to the Board OF
immigration. to prevent all unauthorized iutTu-
siOns upon such immigrants and to take such
measures as may be conducive to the comfort.
personal cleanliness and good order 0f such
immigrants while residing IN the said place
provided
Sec. g.. TN the engagement Of any such
immigrants To- labor made while at the place
aforesaid, every employer shall pay 81 fee Of five
dollars for each immigrant engaged 10y him.
which shall be applyed by the Board Of Immii-
grafton towards the expenses Of the maintenance
OF tine said place and OF the immigrants therein.
Sec. Z. " Immigrants not desiring to make
engagements for labor shall, before leaving the
depot, furnish TO the President Of the Board Of
immigration satisfactory evidence that they
will not become Migrants or a charge on the
community for their support.
Il was made To appear at the hearing that
these men have no money with them but are
absolutely without the means of maintaining
themselves, other than by the labor which they
seek. Means and access have been gwen u all
persons. seeking their labor to make bargains
with them. interpreters have been supplied to
them. and proper food and accOmOdations and
they are told and clearly made To understand.
that If they do not wish To engage on the terms
offered 10 them, all they have TO do, IN accOr-
dance with the 9TH article Of the Ordinance. Is to
furnish satisfactory evidence that they will not
become Migrants or q charge on the community.
which they can do, by furnishings bond Of some
person known to the President Of the Board Of
immigration. reasonably satisfactory. These
petitioners rs / understand, refuse 90 accept
employment, ON the terms offered 90 them BY
employers 81 labor. and likewise refI-e 70 give
the bond required and claim the right to enter
the Kingdom Internationally. 1t Is "a matter of
public nOtorety-such nOtoTety that the Court
- obliged to take notice Of it-that passengers
similarly situated as these. by which mean
Chinese field labOrers, seeking employment IN
this country. have lately arrived IN extraordinary
numberS. Nine ships have arrived here since
December last bringing 4.447 passengers, and it
Is said that one or two more ships are on the
passage. The smallpox existed on board four
Of these ships. at the time Of their arrival. In
point of fact. If these men were allowed To come
on shore. and mingle indiscriminately with the
population, they cOgld not be allowed under the
quarantine regulations now in force 10 proceed
from this port to the other islands. without
undergoing fresh quarantine. The effect. there