The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-03-11

SATURDAY
MARCH II, 1882.

Il A REPRINT of the STATUTES of the Has
s~Saiian Kingdom relating to Apprentice
and Contract LabOrers, with Il SYNOPSIS IL
Rulings and Decisions OF the Supreme
Court thereon" has just been published by
the proprietor of this journal. This useful
little work has been prepared for the press
by Hon. J.. McCuliy, First Associate JUS
tice of the Supreme Court of the Hawaiian
Islands. Its contents may therefore be re-
lied upOn as being both accurate and COM
plete. Chapter XXX. of the Civil Code,
which relates to- Masters and Servants, was
a re-enactment of a measure passed i'm 1850,
90 for the government of Masters and Ser
wants" From hat date until 1868, no oc-
casiOn arose for any amendment of this
law, and il should be said, that such amend
ments as have been made i'm it have been
altogether i'm the direction of Interpreting
and making more clear the original law,
and not i'm that of change. The law of 1880
was carefully prepared, and its provisions
are based OF the principle of justice between
man and man. They are moreover a very
close copy of the Legislation on this subject
which has found favor in other free cOun-
tries. 1t is therefore not to be wondered at
that the Legislature has not found it neces-
sary to modify them in any point which
affects their principles.
The notifications of, and additions to the
code law have been as follows: In 1865 it
was enacted that labor contracts between
Hawaiians and all foreigners should he
written or printed in both English and
Hawaiian. In 1872, a provision was made
by law for the appointment of agents to
take acknowledgements of labor contracts,
and all contracts not certified by one of
such agents were declared to be void. The
law in regard to these agents was amended
in 1876 and 1850, but only in regard to tech
meal details-the principle that an officer
appointed 10y the government, should be the
witness to all labor contracts, and should
see and certify that they are fully under
stood by those signing them, was rigidly
maintained. In 1872 also an Interpretation
Act was passed defining the law i'm certain
cases. After dealing with contracts with
married women, il goes on to declare that
Gin case any woman shall contract mar
riage while undo contract to serve another,
the marriage shall operate to anuul said
contract Of service" This is an oppressive
law. but its oppression falls not On the SER
want, but OH the master. 1t is, we should
fancy, unique IN the annals of the legisla-
ton OH this subject. The other two clauses
of this Interpretation Act are worthy of
being quoted in full; they demonstrate the
fact, which j. patent To all who are ac-
quainted with the affairs of this kingdom,
but which appears to have been doubted
abroad, viz: hat all Legislative measures
that have been passed here On this subject,
have had in view the protection of the
labOrer, and wOIld appear OH the face of
them to have been framed on the principle
that his employer was person who needed
to be kept in the ]strictest trammeIs. The
clauses we speak of run "a follows:
SECTION ,. In all cases when any person
under contract To serve another thall be sen
fenced 10y any Court to make to his master sat
isfactiou for loss os time by dsserti'u, 10y work
ing q period % time beyond that contracted for.
he shall be paid his wages for such extra time
worked 1T the rate stipulated for III the contract. 90
SECTION 3 No person bound 10y contract
TO serve auOthrr shall be held or compelled to
work for any period %: time beyond the date
when the contract shall by lis terms expire, III
liquidation Of any debt o. advance made to said
Iah,rrr during the term agreed for at the time of
his engagement. -ud any clause introduced into
the contract which shall contemplate any such
service for any sIrh advances shall bc held y
utterly void aud Df NO effect
The latter of these clauses we especially
commend To the consideration of those who
80 Libby and iguorantly spoken Of
the contract laDOTer IN HAWAII a. a save
In 1872 again clause 1923 of the Civil Code
30 amended a. To provide severe penal
ties on the master who should ~illtTeat his
servant. or fail to carry out his
own part Of the agreement between them.
I'm 1876. a law was passed fixing the length
IF a " days labor" at nine hours, and ell
lctiug that for all labor in excess of those
hours, at least "a prppOrtionate rate of extra
--HI - T. 49, . q 100 ~
,cted that contract labOrers should have
freedom from service on all government