The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1881-03-23

Two writs of habeas corpus were taken out in
the Supreme Court last week the object of both of
which was to test the legality of the ordinance
under which the Board of immigration has been
holding the large number of Chinese at the quar-
antine stations.
Over seven hundred Chinese immigrants, most
" men, who came here on the steamer Septima on
the 18th of last month, were placed in quarantine
on their arrival on account of the existence of
small pox among them. Fer nine days they were
detained on board of the ship in the harbor, until
the quarters were prepared for them on the quar-
antine island. Those i'll with smallpox were
removed from among the others soon as the
disease appeared, and finally when about twenty
days had passed since the last case had been
removed the Board of Health allowed them TO go
as fast as they found employment; they
found responsible persons who would become
responsible to the Board of Immigration that they
would mot become vagrants or charge on the
community for their support
The passengers "per Nee Foo" who arrived
short time before the Sepfima, had also been
placed in quarantine because of smallpox in their
midst, and were held in the station at Fishermans
Point ON the side of the harbor towards Diamond
Head. As the danger of the reappearance of small
pox among their number disappeared they were
also allowed to 60 as they obtained employment
or furnished the guarantees required in the other
case.
Numerous difficulties arose which tended to pre-
vent the speedy release of all of them. Employers
refused to give the wages demanded, and insisted
on a lower rate; communication with the other
Islands was very much interrupted, and as the
days passed by the interests of the rival shipping
agents came more and more in conflict. Finally
the idea was suggested that a Writ of habeGs
corpus would release all who remained, and estab-
lish the illegality of the restraint
The first Writ in the name of Achan on behalf
of three of the Nee Foo passengers was taken out
on Thursday morning. and came on for hearing at
O'Clock in the afternoon of the same day. Mr.
Z. Preston appeared for the petitioner, MIR. A. s.
Hartwell for the Chinese Consul, and Mr.. B. II.
Austin and Messrs Castle and Hatch for the Gov
ernment. Answer filed and argument set for
the next day at o'clock P. NJ. At the time set for
argument Mr.. Austin stated to the Court that
satisfactory guarantees had been offered for the
three men on whose behalf the Writ has been
taken out, and shat they would be released as no
cause for their detention remained. The Court
said that they were Therefore discharged.
The next case was writ in behalf of six of the
Septima passengers, which came on for hearing
on Friday afternoon. Mr.. Hartvell appeared for
the writ, and MIR. Austin and Messrs Castle d
Hatch for the Government. Able arguments were
made ON both sides of the question whether or not
the OrulnduCe6 OF the immigration QlQer
which these passengers were held, after the pc
riod of quarantine had expired, were legal.
Mr.. Hartwell for the petitioners urged that the
ordinances in question were unconstitutional, and
that men could not legally be restrained of their
liberties by force of them.
Mr. Austin argued that every nation has the
right TO regulate immigration coming TO its
shores and if necessary to forbid it. That the |
right of sel-preservation and protection was an
inherent right, applicable TO nations as well as |
individuals. That this Government has full |
and complete power to SO regulate immigration |
as to protect the country from the coming in |
of paupers, criminals. and those who may be-
come a charge on the community; and that |
the statutes defining the powers of the Board of |
Immigration were ample and clear, and the |
IN question were both authorized by /
and based upon these statutes and having been |
formed and published in accordance with the |
provisions of the statutes, they had the force of
law and were binding.
After full and earnest discussion of the subject
by the counsel, the Court said that the matter
would be considered, and that decision would |
probably be given on the following Monday.
We regret to state that are informed that
ihe other, for security of such satisfactory ma
iure was offered to the President of the Board of
immigration that he constrained to accept it,
md the SIX men were discharged before decision
vas rendered by the Court.
We are informed that the Chinese at both quar-
lntine stations have, while these suits pend
ng, been making contracts for labor and many of
hem have already gone TO the other Islands.