The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-02

The object OF this retention OF /
wages, as set forth in the statute .
and re-affirmed in the permit and /
contract, was the creation of a /
/ special deposit to be returned to the /
| plaintiff, only upon his leaving the /
kingdom. 1t is necessary therefore /
to consider as a part of this prOvi- |
sion, the condition relating to his /
leaving the kingdom it is cOndi-
ton thru of the above stipulation,
in which we find that the plaintiff
consents that if he shall be found
out of employment during the term
of his residence in this Kingdom.
or shall be engaged in any other
employment than that Of agricul-
tural lab0rer, or shall be found in
the Kingdom after the expiration
of his term Of residence, he may be
arrested and held in custody until
an opportunity occurs to return him
to China and condition fourth
provides the additional penalty for
working in other emPlOyments than
that of agricultural labOrer, of for
fixture of his special deposit; this
of course the plaintiff also consented
to by accepting the permit,
Further examination of the sta
tute in question shows provision in
Section -, whereby persons admit
ted into the Kingdom under this
Act who transgress the conditions
already considered and several other
regulations shall be guilty of a mis-
demeanOr and be subject to fine,
imprisonment, and deportation to
China.
1t therefore appears that under
the system established by this
statute, a person within the territor-
i, ial jurisdiction Of the Kingdom,
! (ReX VS.. Parish l HaW. So and
, therefore subject to our laws, Civil
p Code, Section g. and consequently
In whom the inalienable rights
recognized by the Constitution as
,, belonging to call men," Cart. ~
+ have already vested, may by con-
tract with the Government waive,
certain of these 'Inalienable
+ rights" authorize the Government
= to arrest, imprison and deport him
p in case of any assumption of such
: rights and to keep back a certain
part of his wages for the expenses
! of such deportation or of his
i, obedient but compelled return to
his native land at the end of his
E, agreed term of residence without
process, and further authorize the
o Government to confiscate such fund
= in case of his assumption of the in
! alienable right of acquiring property,
to-wit: if he shall enter any other
= employment than that of agricul-
q tural labOrer. In other words, the
! Government obtains its authority
! for making the exercise of ones
o inalienable rights a misdemeanor
;. and furnishing it as such, and for
, confiscating his property for such
exercise, without legal proceedings,
: from the individual himself; such
= action being otherwise obviously
= Objectionable and Illegal as inconsis-
. tent with the constitutional guaran-
h tee of inalienable rights and as
n tending to class legislation.
=. Can an Individual confer any
: valid authority upon the govern
: ment or other persons to deprive
!, him Of liberty or the freedom of
4 acquiring property, through the
stipulati0ns OF contract ? This
p question may be answered by asking
q another: Can an Individual confer
q any valid authority upon another by
; contract to deprive him of life
: This, | understand, is allowable in
q China, but, clearly, it would not be
+ legal here without an amendment
to the constitution.
~ The rights of life, liberty, acquir,
is ing, possessing and protecting pro-
# perty, and Of pursuing and obtaining
# safety and happiness, belong to al
~ men within the limits of Hawaiian
territory and cannot be relinquished
or the control thereof assigned tC
u others by contract.
y, y, 1 find, therefore, that the regula.
Il tiOns of chapter 81 Of the laws Of
:, 1890, above set forth, and all Other
II provisions of the said chapter requir.
70 ing the assent of the plaintiff to the
u terms of the said permit as a cOndi
4 ton of landing from the said shil
Pactolus, lying at the port o.
L Mahukona, as aforesaid, are incon
lie sistent with his constitutional right:
IS and did not authorize his detention
II on board the said ship, and the
le other circumstances complained Of
)r whereby he was compelled to accep
the condition of the said permit anC
D. execute the said contract.
E. This action on the part of thu
or agents of the government and 0
lie the defendant, being unauthorized
of the circumstances under which tn,
/, plaintiff signed the contract consti
n tuted such an interruption of hi
t, free agency as to entitle him to relic
lie if the statements Of his bill are sus
it tanned.
i The demurrer is therefore over
n ruled.
is BY THE COURT.
N 1t seems to us that the vice o