The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-05-07

State. By Article II, the King is a part OF
the Iaw-rnaking power. l feel absolutely
confident that there Il reserved by the hlhg
TO himself in Privy Council, All the quasi
IaU-making power which is held by any
city or municipal corporation in any civil
lied nation in the world, and that this pow
or il ample to authorize the ordinances
under which these men are in custody.
The Kingdom is divided into districts
and the Constitution does not directly au-
thorize the formation of municipal corPo-
rations, and none such haYe been formed.
The Constitution of the United States
does not authorize municipal corporations
and the right to establish them is reserved
to the States respectively, and by nearly
all Of the States is expressly provided for
in the state Constitution. 1t is so in the
State of New York, by the Constitution OF
1916. See Article 5, Sections and 3.
BY Article 3,Section l 1.-The Legislative
power of the State shall be vested in a Sen
ate and Assembly. The Governor has no
part of the Legislative power.
Under this New York Constitution and
under it, as amended, the mayor and COM
monality of cities are allowed to make a
have the force and effect of laws, the
validity of which has been upheld by the
highest tribunals i'll the State.
/ call attention to the following cases and
rules they establish {:
In the People vs.. Acton, As Barb, PIP.
52i-3I, the Court say: " the power of legis-
".lating is u necessary right TO a municipal
- corporation and authority to confer on
" them Legislative power for local purposes,
"may be found in Section PARTICLE SOf the
Constitution
This is fully sustained in the Bank of
Rome VS.. The Village of Rome, Is n. Y.
r., PIP. SSH
Also in Clarke vs.. theC City of Rochester,
2s Y. Y. r., pr. 605, 633-4-5.
See also Gregory vs.. The City of New
York, 40 n. u. r., PIP. 273, 2S2.
Mayor, ETC., OF New York VS.. Williams
and Price, 10 y. Y. R., p. SOP.
In the City of Brooklyn vs.. Toynbee, 81
Barb's, p.2S2, it is held that " a municipal
government may be authorized to pass
" ordinances imposing new and superadded
penalties for acts already penal by the
See also Tanner VS.. the Trustees of Abb
on, , Hill, PIP. l2l-2l.
Almost universally now Local Option
Laws which allow localities to decide by
vote, whether licenses to sell liquor shall be
granted are held To be constitutional.
See Central Law j., Vol. II, No. Is, p. I23.
1 also refer to Title Three Section S, sub
divisions , To I'D inclusive, and Sections 10
and IL of the Charter of the City of Buffalo,
to- the body of the Ordinances comprising
l52 pages, and especially to chapter 81, p.
I24.
In analogy to these adjudged powers of
municipal corporations, but with a much
broader scope, and in a much more com
plete manner, / claim that the King i'm
Privy Council may make ordinances and
that he had the unquestiOned power to
make the ordinances which are in dispute.
The Board of Health have undisputed
power to make valid ordinances, and vet
there is no more direct authority in the
Constitution for their action than for the
action of the Bureau of Immigration, and
the ordinances of the Board of Health
reach throughout all the districts of the Is
lands.
By Section L of the Laws of 1864, pp. 80
and so 1.-The Bureau of Immigration are
appointed for the purpose of superintendinp
the importation of foreign labOrers and the
introduction of immigrants" This means
all immigrants.
By Section 4: The Bureau are directed
to " recommend to the King in Privy Coun-
ell such measures and regulations as may
be deemed eXpedieHt to promote and en-
courage the instruction of free immigrants
from abroad
BY Section 6: Such measures and regula-
tiOns shall be embodied i'm ordinances of
the King i'll Council and published in IL
newspaper.
By section l of the Laws of 1865, p. 50:
The Board of immigration are to devise
and recommend for the adoption of the
King IN Prlyy Council such rules and regu-
latiUnS as may be deemed necessary for the
good government and control of immi-
grants brought or admitted into this King
dom, as servants or laborers under license
or permission from the Bureau of Immi-
grafton"
BY Section > The rHles and regulations
so adopted shall be embodied in ordinances
of the King i'll Council and published in a
Honolulu paper:
ed shall specify the penalties for violation
of the same, and shall have the force of
law"
Let us now look at the ordinances enacted
by the King in Privy Council The only
parts which attack in any way the liberties
of the immigrants are part of subdivision
first "That Immigrants shall not be
landed until permission be granted by the
President or an Agent Of the Board of I'm
migration" And subdivision fourth
THAT they shall he subject to the inspec-
ton of the Agent of the Board of Health
and to such orders as the Board Of Health
may make in the interest of the health of
the immigrants or that of the public"
And subdivision seventh "That immi-
grants not desiring to make engagements
" for labor shall, before leaving the depot
furnish to the President of the Board of
Immigration satisfactory evidences, that
they Will not become Migrants or a charge
"on the community for their support"
The only penalty prescribed by the Ordi-
nance does not attach to the immigrants
themselves, but only to the captain and
others, who may aid them in breaking the
rules of the ordinances binding on them.
All else is beyond question for the COM
fort and advantage, the protection and
safety of the immigrant, for which he
should be thankful and OF which he GER
tainly cannot complain.
If the Bureau are to superintend the in
PRODUCTION of immigrants; if they are to
recommend rules and regulations to be
adopted by he King in Privy Council for
the good government, and control of immi-
grants that have been or may be admitted
as servants or laborers under their license
or permission; and if these are the ordinan-
ces so recommended and so adopted, we are
Mt n loss to see how, by any less stringent
ordinances the Board could have any con-
troll of immigrants whatever, and we are
at a loss to see how such ordinances can be
complained of by any man.
The matter of danger from an influx of
paupers Is one likely to come up on the
Spu of the moment, as il has done his