The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-11-06

treaty cOncedlng this rlght, 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
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 |
subject to the law imposing the con
ditions. The latter Is the act OF the
individual which the policy OF the
law will not allow him to do.
Citizens of states who have treaties
with the Hawaiian Kingdom allow
ing free ingress and egress OF the
citizens of each contracting power
into the territory Of the other, could
not be held amenable to statute OF
the Hawaiian Legislature although
later in date than the treaty. restrict
ing their term of residence IN this
| Kingdom, etc, except IN violation of
such treaty.
And e court could not sustain a
contract, although made voluntarily,
if made by a person who has the
right by treaty to enter into and
reside in this Kingdom, by which he
agrees to limit his term OF residence
here and confne himself to a par
ticular occupation, and subject him
self to arrest and Punishment for the
violation of the agreement. Ii per
son who is lawfully within this King
dom cannot by any statute be de-
prived of the rights secured to him
by the first article of the Constitu-
ton, he cannot deprive himself OF
those rights by his own contract.
II the persons meant in the ques-
tions are citizens of states with which
we have treaties of the character
above indicated, we are obliged tC
answer the questions In the mega,
tive.
If these persons, however, are citi,
zens of countries with which We
have no such treaties, the case is diff
ferent.
No person has the right to enter
foreign country against the will OF the
foreign state, unless the right ha'
been conceded by treaty. Every STATE
has, as an attribute of sovereignty,th thu
right to impose conditions and re
strictions upon the entry OF foreign
ers within It's territory, unless 1t ha
by treaty conceded that SUCH entr.
shall be without condition.
The Legislature is the judg
, whether such conditions and restric
tons are essential to the welfare
peace and safety of the State. An'
the Legislature has the power t
make such conditions and restric
lions effectual by the imposition o
penalties and by deportation in cas-
of violation.
Therefore, if the persons meant il
the questions are those of countrie
with whom we have no treaties, W
answer the question in the affirma
tive.
The third question we do not full
= understand. The agreement of
person that he will not be entitled t
J.. exercise the rights of Hawaiia
citizen during the term OF his res
dence or employment in the Hawai-
an Kingdom, but that he should b
restricted to the term of residenc
n and employment named in the agree
: ment, is without force or meaning
For, none but citizens" either n;
tive or naturalized are entitled
exercise the rights of Hawaiian cit
}. zens. Aliens can only acquire thes
q rights by naturalization or deniz
ton. If the question means to as
us whether an individual can by h
Q contract waive his rights to the pr
g lection of the law as regards b
r life, liberty and property, we answe
: that he cannot. He cannot by col
tract make himself an outlaw. An
. we doubt if aliens of a non-Treat
r power can contract to waive the
r rights to the protection of the lay
u since they cannot absolve then
;, selves by contract from the obllg
:, q tons to obey the law.
y We refer to the cases of Cho
If Bick Git & Wong Kuen Long,
It Haw. 1856; The King VS.. Leon
! Tam, Haw. 33S; In re Man Nun,
Il Haw. 454; The Passenger Cases,
/ Howard, U. S. Rep, p. $40, ct sec
= Vattel, Law of Nations, Book IN
n Chap. s, Sec. SO.
= "Since the lord of the territol
d may, whenever he thinks proper, fo
r bid it's being entered, he has, I
is doubt, q power to annex what conc
tons he pleases to the condition
u enter"
Re We summarize our answers as il
% lows:
~ Restrictions of the character me
j. toned in the questions submltte
a. can be imposed by statute law up'
,e citizens of countries with which til
N Kingdom has no treaties, as conc
e, ton of their being allowed to ent
10 this Kingdom.
u Respectfully submitted,
Al A. f. JUDD,