The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-04-08
BY THE COURT.

constitutional? ~ Is the contract
legally bindings 81 Is the contract
stamped?
We shall discuss these questions
in the above order.
tits claimed by the defendant that,
as he is now unwilling to carry out
his contract or work any longer for
the Hilo Sugar Company, the law
which compels him to do so is uncon-
as his labor under the
circumstances would be involun-
tary servitude," which is forbidden
by Article IL of the Constitution.
This article reads, Involuntary
servitude, except for crime, is forever
prohibited in this Kingdom. When
ever slave shall enter Hawaiian
territory, he shall be Free"
Article IL of the Constitution of
1864 is identical. Article IL of the
Constitution of 1852 reads, Slavery
shall, under no circumstances what
ever, be tolerated in the Hawaiian
Islands; whenever a slave shall enter
Hawaiian territory he shall be free;
no person who imports a slave, or
slaves, into the kings dominions
shall ever enjoy any civil or political
rights in this realm; but involun-
tary servitude for the punishment
of crime is allowable according to
law"
The first Constitution, of 1910
guaranteed life, limb, liberty, free
dom from oppression, earnings Of
his hands and the productions OF his
mind" but not to those who act IL
violation of the laws. It also estab
llshed that no service or labor should
be required of any man in manner
which is at variance with the above
sentiments.
The earliest legislation on the sub
ject of masters and servants was
passed by the Legislature on thu
Dist of June, 1850, entitled An Ac
for the government of Masters ane
Servants" It contained the provi
sions (Sec. 22) that any person who
has attained the age of twenty years
may bind himself, or herself, by
written contract to serve another II
any art, trade, profession, or othe1
employment for any term not ex
ceeding five years." and also in Sec
%, Gall engagements of service con
tracted in a foreign country to b.
executed in this, unless tn
same be in contravention o
the laws of this, shall b.
binding here; provided, however
that all such engagements made TO
a longer period than ten years, shall
be reduced to that limit, to coun
from the day of the arrival of tn
person bound in this kingdom"
These provisions of law have re
NAMED on our statute book IN
altered and unrepealed for perio'
of over forty years. They were in
corporated into the Civil Code o
1859 as Sections 1417 and 1418. The
we're a part of the law of the Ian
and the system Of labor authorize
by them was in active operation q
the time when the Constitution c
1852 was granted by Kamehameh
Ill. by and with the advice and Col
sent of the Mobiles and Represent;
tives in legislative council al
sembled," which prohibited SLAYER.
They continued as law while th
Constitutions of 1864 and 1873
which prohibited "involuntary serv
tude except for crime" were premu
gated.
These provisions have not bee
amended by any of the various legi
latures from 1850 to 1890, but SON
parts of the further provisions of tt
law which provide for the enforc
ment of contracts for labor have bee
the subject of frequent legislati,
discussion and amendment.
Many parts of the Act have ais
been the subject of judicial co
struction, but the principle that
person may make binding contra
to serve another for a term has r
| NAMED untouched and upon it Of
] agricultural enterprises rest in gre
measure.
> The legislature then and the pc
pie have given practical interpret
: ton to the Constitution, that o.
system of contract labor is not Il
j involuntary servitude forbidden
: that instrument. Suppose, howeve
f the legislature and the communI
D are wrong and the contention of d
PENDANT is right. While not adoptiI
8 the principle that communis err
0 facit JUS" we as judges, in interprs
f ing the organic law, must not
r blind to the view which the state
men and law makers of this count
4 have uniformly entertained towar
this law.
8 That slavery was the involunta
9 servitude intended to be prohibit
r by the Constitution is evident frc
g what follows in the same Artic
whenever slave shall enter E
K waiian territory, he shall be Free"
d The word " servitude" is de6n
} by photographers to be as its iii
and most obvious meaning,
n condition of slave" the state
J. involuntary subsection to maste
slavery" bondage" The seco
B definition, which is declared by t
% dictionaries to be less common q
# less proper, is the state of a s
want"
l. Now, even if the secondary me,
t. ing of the word servitude be TAX
B. to wit, the estate of a servant"
r the condition of working for or SO
d ing another, the qualifying VIC
d involuntary cannot be overlook
A state or condition of service of G
10 person to another must be involl
tsry, that is without the will
d against the will of the person
l. serving, to come within the prohi
ton.
Of foir ond bopasf coptroot 70 VIZ