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

agrees 10 limit MS term OF residence
here and coniine himself to par
ticular occupation, and subject him
self to arrest and Punishment for the
violation Of the agreement. If per-
son who is lawfully within this King
dom cannot by any statue 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 to
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 has
been conceded by treaty. Every
state has, as an attribute of SOW
ereignty, the right to impose condi-
tions and restrictions upon the entry
Of foreigners within its territory,
unless it has by treaty conceded that
such entry shall be without condi-
ton.
The Legislature is the Judge
whether such conditions and restric-
tions are essential to the welfare,
peace and safety of the State. And
the Legislature has the power to
make such conditions and restric-
tions effectual by the imposition of
penalties and by deportation in case
of violation.
Therefore, if the persons meant in
the questions are those of countries
with whom we have no treaties, we
answer the question in the affirma-
tive.
The third question we do not fully
understand. The agreement of
person that he will not be entitled
to exercise the rights of Hawaiian
citizen during the term of his resi-
dence or employment in the Hawaii
an Kingdom, but that he should be
restricted to the term of residence
and employment named in the agree.
ment, is without force or meaning.
For, none but "citlzens," either ma
tive or naturalized are entitled to
exercise the rights of Hawaiian cti-
zens. Aliens can only acquire these
rights by naturalization or deniza-
ton. If the question means to ask
us whether an individual can by his
contract waive his rights to the pro-
lection of the law as regards his
life, liberty and property, we an
swer that he cannot. He cannot by
contract make himself an outlaw.
And we doubt if aliens of nom
Treaty power can contract to waive
their rights to the protection of the
law, since they cannot absolve them
selves by contract from the obliga.
tons to obey the law.
We refer to the cases of Chow
Bick Git & Wong Kuen Long, 4
Haw. 385; The King VS.. Leong
Tam, z Haw. 1888; In re Man Nun,
z Haw. 454; The Passenger Cases,
z Howard, U. S. Rep, p. 500, ct
seq. Vattel, Law of Nations, Book
End, Chap. 8, Sec. 50.
"Since the lord of the territory
may, whenever he thinks proper,
forbid its being entered, he has, no
doubt, power to annex what condi-
tions he pleases to the condition TO
enter"
We summarize our answers as
follows;
Restrictions of the character men
toned in the questions submitted
can be imposed by statute law upon
citizens of countries with which this
Kingdom has no treaties, as con-
dition Of their being allowed to en-
ter this Kingdom.
Respectfully submitted,
A. F. JUDD,
LAWRENCE MCCuLLY,
RIGID. f. BIcKERToN.
Mr.. Justice Dole, being absent on
Circuit, does not join in this opinion.
Noble Muller was very much
pleased that the Supreme Court had
given an opinion favorable to the
bill before the House. He moved
the bill be made the special order of
the day Friday.
Rep. Bush moved that the answer
of the Court be translated and print
ed in both languages.
Noble Baldwin was in favor of
making the bill the order for Friday.
Rep. Bush said the answer could
not be translated and printed in
time.
Rep. Paehaole did not think it
necessary TO have the document
translated and printed. The mem.
bers already knew the gist of the
opinion. He moved it be made the
order Tomorrow.
Noble Macfarlane was in favor of
making it the order for Friday. He
wanted time TO read the opinion
carefully, Notwithstanding the hon.
members view of its simplicity.
The motion for Friday carried.
Noble Widemann moved that the
Constitutional Amendments be made
The special order tomorrow.
Aoble Macfarlane thought the
amendments would take two or three
days, and as unfinished business
they might DELAY the labor hilla