The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-11-06

that the bill OF the hon. member
was his own and not put into his
hands by the people affected. The
case appeared to be the latter, as
shown by its omission of the two
feet provision. AS he was always
open to amendment and there might
be some good in the hon. members
substitute, he was perfectly willing
that the bills should be referred to
committee.
Minister Peterson thought the
bills should go to committee,
otherwise the original bill should be
passed as it stood. The amend
ment Of the hon. member for Homo
lulu would destroy the intent of the
bill, as there was no street in the
city made on the official grade ex-
cepting Haiekauila street.
Rep. Paehaole was willing to have
the bills go to committee. If the
cars should stop running the hon.
Noble would be one of the first to
raise an cutlery.
The bills we're referred to the fol-
lowing committee: Messrs. Wide
mann, G. Brown, Paehaole, Peter
son and Cornwell.
JUDICIAL OPINION ON THE LABOR
QUESTIONS.
President Walker announced that
he had received the answer of the
Supreme Court to the questions sub.
mitted relating to the labor bills.
BY his direction the Secretary read
the communication, which Is as fol-
lows:
DEPARTMENT OF THE JUDICIARY,
Honolulu, II. l., Nov. 5, 1890.
To the Honorable Legislature of the
Hawaiian Kingdom.
The Justices of the Supreme
Court have had the honor to receive
certain questions whereon their opin.
ion is required by your honorable
body. They are as follows:
LIST. According to the provisions of
our Constitution can contract
laborer be deported from the
Kingdom at the expiration of
his contract?
I'd. Can any person enter into le-
gal and binding undertaking
with the Hawaiian Government
or any other parties either be-
fore, at the time of, or upon en-
tering the Kingdom, that he will
engage in no other occupation
than that of an agricultural la
borer during the term of his CON
tract, that if found out of EN-.
ployment during the term of his
contract or engaged in any Occur
patton or employment other than
that agreed upon, he may be ar
rested and held in custody until
an opportunity occurs to deport
him to his native country?
3rd. Can any person enter into a le-
gal and binding undertaking
with the Hawaiian Government
or any other parties either before
or Mt the time of or upon enter
ing the Kingdom that during
the term of his residence or en-
ployment in the Hawaiian King
dom he shall not be entitled to
exercise the rights of an Hawai-
ian citizen but shall be restrict
ed to the term of residence and
employment named in the con-
tract or permit to enter the King
dom?
4th. Can any person enter into n le-
gal and binding undertaking
with the Hawaiian Government
or any other parties that upon
the condition of permission to
enter this Kingdom, at or before
the expiration of the term OF
terms named ia such agreement
or permit, ii found within the
Kingdom, he or they may he le-
gally arrested and held in Gus
tody until an opportunity offers
to deport him or them to his or
their native country?
In answer to the first question, if
by contract laborer" is meant
one who is already lawfully in this
Kingdom and engaged to labor for
another under written contract, we
are of opinion that he, the laborer,
cannot be deported from the King
dom at the expiration of his con-
tract. Such deportation or DANISH
ment, not having been made by sta
tute law apunishment for crime, and
the laborer not having been convict
ed of such crime, (for which Danish.
ment is the penalty), cannot he de-
ported from the Kingdom without a
plain violation of the first Article OF
the Constitution,
We notice that IN the remaining
three questions submitted to us the
terms undertaking." contract, F"
agreement" and permit TO enter
the Kingdom" are used interchange
ably and anonymously.
But wide distinction exists be-
tween the right of the Government
to permit aliens, citizens of a nation
with which this Kingdom has no
treaty concedng this right, to enter
the Kingdom under conditions, and
the power of an individual who has
the right by treaty to enter this
Kingdom and reside here, to make a
binding contract waving all those
rights and subject himself to penal
ties for its violation.
The former is the act of the Gov
eminent which the individual can
accept by coming TO this country
70 a /. l.. A..