The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-01-05

kua, Hawaii, entertained by the Supreme Court
by consent.
rrfoHE JUDD, c. J., srocUIrT AND PRESTON, "a.
Opir,iga me Court pr Judd, CD.
It il agreed that tie following are the essen
! tial facts Of this case.
THAT said defendant came TO this country
under a contract with the Board Of Immigra-
/ ton. by which be agreed to work under the
direction Of said Board for the term Of three
years, counting from the time Of his arrival
/ and commencement Of service. That defend
ant was directed to work, by said Board, for
/ the plaintiff That said service began Septem-
/ Der 9Th, A d lss2. That after the 9th day
Of September, A. d. 1855, defendant stopped
working. and plaintiff claimed that defendant
was bound TO make up eighiy-nine and one
fourth days which it is agreed were not worked,
out OF the twenty-six working days of each
month during said term"
The opinion Of the Court Is asked upon the
| following questions Of law:
a. Can the defendant be now compelled to
make up the number Of days which he failed
10 work, If such failure was willlul on his part
and without legal excuse, and If the number
Of days lost during each month was regularly
made up at the end Of each month, and agreed
/ 10 by defendant as correct in number.
? Can defendant be compelled to make up
| tine lost on account Of his sickness?
}. Can defendant be compelled to make up
| legal holidays, occurring during the twenty
SIX working days Of each month";,
4. Can the defendant he compelled under
the contract to complete nine hundred and
| thirty-six days work after the expiration Of
three years, no reason being assigned by en-
plOyer or employee for the failure to work
| eighiy-uinc and one-iourth days, and defend
ant having during the three years regularly
rendered his work, except on the days missed?
! ;. Does the contract, by its terms call for
nine hundred and thirty-siK days work or does
II end al the lapse Of three years from its COM
uuunccmcnt if no dcscrtion has taken place?
The contract which we are 10 construe is as
follows:
''This agreement entered into this--dsy
DIN the year Of oar Lord -, by and
between Augusta da Silva Moreira, single,
Of age, agent, Portuguese, resident of this city,
acting duly authorized by Abraham Hoifuung,
married Of age, English, merchant, living in
The city Of London, as agent for the Board nf
Immigration, Bureau Of the Government Of
the Kingdom of Hawaii, in the Island Of 81
Michaels, Azores, as shown by original power
Of attorney Of the first part. and the party
whose name is hereto subscribed, of the second
part.
WITNESSETH. That whereas the party
Of the second part is desiruus of emigrating to
tie Hawaiian Islands, there TO be employed as
au agricultural laborer under the direction of
tile said Board Of Immigration now, therefore,
in consideration Of a passage 10 the Hawaiian
Islands on board the steamship Hansa, and
| further undertaking by the party of the first
part that the said Board of Immigration will
] nav Ur rauea IN la TYaiI 10 .l,a p,rt,. Il H.
/ second part wages at the rate Of nine dollars
per month, with board and lodging for himself
and children under twelve years Of age, for
each and every month Of twenty-six days SER
vice, faithfully performed, during the exist
ence Of this agreement "a days service to be
| ten hours in the field and twelve hours in the
sugar h0use): such wages TO be paid at the
end Of each calendar month, reckoning from
| the date OF The commencement of such service
after arrival at Honolulu. And in considera-
ton OF further undertaking on the part of
the party Of the first part, to secure the party
Of the second part full protection under the
Hawaiian law, as fully, as the same is euioyed
/ by the native born subjects Of the Kingdom,
and likewise in case OF sickness that he shall
be supplied with proper medical attendance,
and that the said children shall he properly
Instructed in the public schools, the said party
Of the second part will duly and faithfully
| perform such lawful aud proper labor as lie
may be directed to perform under the auspices
Of the said Board of Immigration, for the term
Of Three years counting from the day on which
/ he shall commence such service, after arrival
in The Kingdom Of Hawaii, it being always
understood that the contracted party shall not
work on Sundays nor on any holiday recog-
nized by the Government, and that his services
shall not be transferred without his consent;
and the party Of the first part, in consideration
Of the agreement hereinbefore expressed, as
being entered into by the party Of the second
part, hereby agrees to the same and under
takes that the said Board of Immigration will
/ pay, OF cause to be paid, the wages hereinbe-
fore set forth, aud will keep and perform, or
cause to be kept and performed all the other
stipulations bereinbeiore set forth. In testi-
mouy whereof etc"
By THE CoURT.-Whai is the term of ser
/ vice for winch the laborer engaged under this
CONTRACT Is it for three years, l. e. from 9Th
OF September, 1882, TO 9th of September. 1855?
or is 1t for thirty-six months Of twenty-six
days each, in all nine hundred and thirty-siI
| days! We think that the language of the con-
tract sufficiently answers this question. The
printed translation of the contract reads that,
The said party of the second part will duly
I sai4A AaAtAAhAl1 lIilbtul SUCH lawful anu proper
labor as he may be directed to perform, under
the auspices Of the Board of Immigration for
and during tile space Of three years next sue
ceeding the date of the commencement of such
service after arrival in the Hawaiian King
DOM" Another and more literal Translation
oil tins part OF the contract appears in the copy
quoted IN full in the earlier part of this de-
cision. The term of this contract then is three
years, commencing from the day on which the
laborer begins to work. The time when this
contract ends is made certain by the statement
when the term is to begin. Three years from
given date would expire when three calendar
years have elapsed since this date. This is
the rule for the construction Of leases and all
other contracts and we see no reason why it
should not apply 10 labor contract. II the
laborer agreed 10 labor during all the time
covered by a term Of three years, no time be-
ing stated when the labor was to begin, and it
appearing by the whole agreement that the
contract was for the performance Of three years
Of labor Of 3l2 days each, without reference to
tie time over which this labor was 10 be
spread, our decision nigh, be different. But
here The aborer has not SO agreed in terms.
He agrees TO labor on such working DAYS as
will occur during the three calendar years
succeeding date capable of being made GER
tain, j. e. the day Of his beginning bis service
] Much stress is laid in argument upon the
/ clause that the Board Of Immigration contracts
''to pay wages at the rate Of nine dollars per
month with board and lodging for himself and
children under twelve years of age, for each and
every month of twenty six days service, faith
fully performed, during the existence of this
agreement" Ii is to be noticed that this Ian
uage(every month of twenty days of faith
iul service) is descriptive OF the term for which
pine dollars OF wages is TO be paid by the EN-
ployer, and is not repeated in the description
Of the term Of service contracted for by the
laborei. The contract further SAVE, "such
wages TO be paid Il the end of each calendar
mouth reckoning from the date Of the COM
mencemeBt Of such service after arrival IN Ho-
noluln.' We take it TO mean that there shall
be AT the end Of each calendar month settle
meut nade with each laborer. Payment OF
wage is not to bepostponed Wages however
small IN amount arc not to be suffered to be in
Arrears, and IN reckoning the amount Of such
wages 20 be thus paid monthly, twenty six days
Of labor is 10 be compensated with nine dollars,
and any less number Of days with proper
tionaiely less amount Of money. This secures
to the laborer twelve stated times per auuum,