The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-14


viols6oO of the laws. 1t also estsb-
hshed that no service or labor should
De 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 the
2lst OF June. 1880, entitled An Act
for the government Of Masters and
Servants" Ii contained the provi-
sions (Sec. ~ that any person who
hiss attained the age of twenty years
may bind himself, or herself, by
written contract to serve another in
any srt, trade, profession, or other
employment for any term not ex-
oeeding five years. and also in Sec.
=, AL engagements of service con-
tracted II & foreign country 70 be
executed IN this, unless the
ssme be IN contrayeRtiOn Of
the laws OF this. shSl be
binding here; provided, however,
that sll such engagements made for
& longer period than ten years. shall
e reduced 10 that limit, to count
nom the day OF the arrival Of the
person bound in this kingdom"
These provisions Of law have re-
manned On our statute book IN
sItered and unrepealed for period
Of over forty years. They were in
corporsted into the Civil Code Of
1859 as Sections 14I7 and 141S. They
were q part Of the law Of the land
and the system Of labor authorized
by them was IN active operation at
the time when the Constitution Of
1852 was granted by hamehamehs
Ill by and with the advice and con-
sent Of the Mobiles and Represents
tives in Legislative council as
sembled, = which prohibited slavery.
They continued as law while the
Constitutions OF 1864 and 1887,
which prohibited involuntary servi-
tude except for crime, were promul-
gated
These provisions have not been
amended by any of the various legis-
lstures from 1850 10 1890, but some
parts Of the further provisions of the
law which provide for the enforce
ment Of contracts for labor have been
the subject of frequent Legislative
discussion and amendment.
Many parts OF the Act have also
been the subject Of Judicial con-
strucaon. but the principle that s
person may make s binding contract
70 serve another for term has re-
msiued untouched and upon II our
agricultural enterprises TEST in great
measure
The Legislature then and the peo-
pie have given g practical interpreta-
ton TO the Constitution. that our
system OF eontrset labor Is not the
involuntary seryitude forbidden by
that insCCZent. Suppose, however,
the legislature and the community
are wrong md the contention Of de
tendsnt Is right While not adopting
ne principle that communis error
fScil jus" We as judges, in interpret
ing the organic law, must not be
blind 20 the view which the states
men and Lawmakers Of this country
hsye uniformly entertained towards
this law.
That slavery was the involuntary
servit1de intended TO be prohibited
BY the Constitution Is evident from
what follows II the same Article.
whenever a slave shall enter Ha-
EaiisE territory, he shall be free
The word serTit1de " Is defined
BY photographers 20 be as its first
and most obvious meaning, the
condition Of 8 slave" the state Of
involuntary subsection to e master, "
= slavery" q bondsgeH The second
definition, which Is declared by the
dictionaries 10 be less common and
less proper, L the state Of ser
want"
Now, even If the secondary mean
ing Of the word serYitude be taken,
10 Wit. The state OF 3 servant" or
the condition Of working for OF serT-
ing another. the qualifying word
s. :nTolurtary cannot be overlooked
s safe q condition Of service Of one
person 10 another must be inYolun-
tsry. that Is without the viii or
against the vii Of the person 50
serving. 10 come within the prohibi-
Ton
4 fair md honest contract 10 work
for another, willingly and freely
-sda with q knowledge Of the cir
e1nstalcas, cannot be said 10 nave
created { condition OF involuntary
seryItQde- The contract which
creates the state or condition OF ser
wee If It Is voluntary when made
md the conditions and circuR
stances remain unchanged. except
that the mind Of the one who serves
: now unwilling TO fulfill Ii, Is not
81 that fact changed into q contract
q involuntary serTitUde forbidden
by the law II the contract IS lawful
and constitutional II lis inception, 1t
does not become Illegal OF unconsd-
tuionsl 81 the option Of one OF the
parties 70 II
The unSillingness or the incsp-
scify Of 8 party 10 z contract 10 full