The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-28

1t has not been shown to, or discovered
by your committee, that any similar dis
elimination against, or attempted regula-
ton of common labor has found a place
upon the statute book of any foreign state
or country. While taxes, regulations and
licenses in various forms have been i'm
posed upon occupations as various in this
and other countries, they are usually sus-
tanned upon one of the following grounds,
viz, as revenue measures, for the purpose
of prohibiting such occupation, or to regu-
late such occupations as are, IN their ma
ture or may be dangerous or mischlevous
to society or to the state.
In no other place, we believe, has 1t been
seriously asserted that the occupation OF
common labor" is one of such mischie-
yous tendencies as to require restrictive
legislation. There is lack of consistency
in policy that would forbid man the
right to exercise the God-given privilege to
pursue " common labor" without license,
while it processes to deplore the prevalence
of idleness and vagrancy among those who
depend upon common labor" as means
of subsistence.
This bill is undeniably an anti-Chinese
measure, designed to secure a more etfec-
tive police control of that race within our
borders. But your committee feel assured
that no restrictions of this nature can be
effective (evenif constitutionally and other
wise unobjectionable) as against Chinese,
without being made so severe as to serious
" curtail, embarrasS and Obstruct the or
binary liberties of the citizen, as known
and enjoyed by the Anglo-Saxon and the
Hawaiian.
Your committee have diligently sought
practicable substitute for this bill, in the
form of an act to provide such scheme of
registration, apart from license system.
But no such system, we conceive, could be
of utility as a mode of better controlling
the Chinese in the Kingdom, except 1t
should embrace features of such severity,
including the necessity OF photographlng
as means of identification, as would rem
der it intolerable to the Hawaiian, Ameri-
can and European resident.
The conclusions reached by your COM
mittee are that it.was impracticable to pass
useful legislation upon this subject, owing
to the existence of constitutional inhibi-
tions upon legislation which shall apply to
the Chinese alone. We therefore recon-
mend that the efforts of the Legislature be
now directed to the securing of such an
amendment to the Constitution as will per-
mt restrictive legislation; within safe
limits, against the Chinese, apart from the
rest of the community.
In addition to thus amending the Con-
stitutiOn, we recommend that the Chinese
y
important particulars, to facilitate Its work
ings, and prevent, as far as practicable, the
influx of strange or unauthorized Chinese
upon our shores, pending the adoption OF
such amendment. Your committee are
informed, that, in addition to the return
Chinese permits regularly issued from the
Foreign Office prior to the taking effect oil
| the Chinese Restriction, March lst, 1855,
there have been issued and sent abroad, by
IL Il. sNf hot off q q
| but unknown number of such permits, and
| that about 900 of such permits, stolen from
the Custom House in Honolulu during the
| past year. after being once used, but left
| uncancelIed, are still abroad, and your
committee think it desirable to further
| legislate to prevent the use OF these per-
| mits by holders to whom or for whom per-
| sonally they were not issued. If the
| Chinese are already too numerous in the
| Kingdom, is it not the part OF wisdom to
| exclude from our shores all who are not, in
the strictest sense, entitled to land thereon
As the Restriction Act now stands, there
| is no absolute prohibition, in terms, upon
the landing of Chinese unprovided with
permits, no vessel is made responsible for
! the penalty for the illegal introduction OF
| Chinese upon such vessel, and the penalty
| for illegally attempting to land Is now so
low (being only 500 as to operate as a
| premium upon violations OF TINS law.
| Many Chinese are not only willing but
anxious to secure entrance into the King
! dom by paying fine of fifty dollars.
We submit herewith a bill to amend the
Restriction Act upon the lines above sug-
gested. ,oo
| We further recommend that bill No 120
| be laid upon the table.
| Respectfully submitted
G. w. ASHFORD
]. NAKALEKA,
| ALEX. YOUNG,
| H s. TOWNSEND.
Following is the minority report on the
| same subject:
Hon. w. R. Castle, President of the Legis-
| lative Assembly.
Sir:-As a member of the Select Com
| mittee to whom was referred Bill No. 10,
relating to licensing laborers, beg to differ
with the report prepared by the majority
| of the Committee.
1t is an easy matter to criticise and con-
| denim the Bill, and descant upon the diff
culties which surround the whole subject,
and to declare that nothing can be done in
| the premises. | admit that the obstacles
| to be overcome are great, but am not will
ing to abandon the attempt to do some
| thing to facilitate arriving at solution OF
| the question.
The question relates to regulating large
element in the population and subordinate
ing it to wholesome laws
In view of the provisions of the constitu-
ton which forbid class legislation, it is
very difficult to adopt measures which will
adequately deal with the class referred to,
and at the same time not be Objectionable
to other classes for whom such measures
are unnecessary.
But as preliminary step, system of
registration will be of value.
The Bill as presented was recommended
for consideration, and is an effort to
accomplish something in direction of con-
trolling the class in question.
Some of its provisions seem very oblec-
tionable, and therefore have made some
amendments to the same and return it
herewith as amended.
The chief amendments are as follows
The law is to apply only to males over
eighteen years of age; the charge for the
license is removed, the provision requiring
a photograph of the person licensed Is
stricken out; and Section 4 is stricken out.
With these, and few minor amend
ments, recommend that the Bill pass.
As amended it is practically registra-
ton Act; the license is virtually Certifi-
cate of registration, and the penalties are
not excessive.
As a police regulation, it is a wholesome
law 1t will, if properly enforced, pro-
vide a means of identification far in adj
vance of any means heretofore in force.
As a revenue measure, it will, without
doubt, prove profitable; for the additional
taxes recovered, through the Identification
of those who have heretofore successfully
eyaded taxation, will far exceed the ex-