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

In the midst of political excitement
and the changes rung on the bells of
party conflict, one is apt to forget that
other forum where the rights of the
citizen come up for review and adjust
ment. Perhaps no question before the
electors to-day is of greater import
ance than that which was argued be-
fore the Supreme Court in Banco
yesterday.
AT about 2:3O in the afternoon,
| Chief Justice Judd with Justices
Bickerton and Dole sat in Banco to
! listen to argument in the Pactolus
case. Judge McCully is still confined
to the house with ill-health.
Mr.. HartWell appeared for the COM
plainant, Chum ChOng, and Messrs.
Hatch and Castle for the defendant,
the Kohala Sugar Company. The
pleadings were read.
The complainant was one of the
Chinese who came in the ship Pac-
tolus, under the provisions of the law
of 1890. He alleges that he was in
duced to leave China on contract to
labor in agricultural pursuits in the
Hawaiian Islands at fifteen dollars a
month, for three years, and that his
wages were to be paid him less u
small deduction for passage. But on
arrival he was informed that he
would not be permitted to land unless
he signed a contract which provided
for a food deduction from his wages
till $75 was so heldfOr his deportation
from the country when his contract
l..
agreed to the terms of the entry per-
NIT and now asks to have his con-
tract reformed by striking out the
obnoxious clauses and allowing him
his full wages. The question raised
in the case is the validity of that pOr-
ton of the law which cOmpels de-
ductiOn from the Iaborers' wages to
pay his return passage, which COM
pels the making of bond cOndi-
toned in the deportation of the lab
Orer and the forfeiture of the amount
of the deposit in case the laborer does
not comply with the terms of the en-
try permit.
The case was heard in the first in
stance before Judge Dole, who decided
that so much of the law as directs the
deduction from the wages, and carry
ing with it the bond requirement.,
ETC., is void, and a decree was entered
accordingly. From this an appeal
was taken. On behalf of the defend |
ant-appellant Mr.. Castle argued, first,
that no duress was exercised by the |
defendant toward the Chinese COM
plainant, because the matter COM
planned of was required by law, and |
the Kohala Sugar Company could not |
be responsible for it in any manner;
and second, that the law is not neces-
sarily unconstitutional, because that |
certain rights guaranteed by the Con- |
stitution are limited and restricted as
to alien immigrants.
The State owes no duty to them; it |
may impose conditions upon their |
coming into the country. If such
conditions are agreed to by the alien |
the contract may be valid. There is |
much authority for the position that
one may by contract waive constitu-
tional rights.
Mr.. Hartwell replied that the ques- |
ton involved is of great Importance, |
not only to the complainant, but to |
all employers of labor throughout the |
country. 1t is imperative, under the |
present conditions of the industries of |
the nation, that if any relief is to be |
ODCal1leu from Tie OOufIS III SuOulu
come soon. 1t is true that there are
cases where one may waive constitu- |
tional rights. A criminal may waive
a jury trial and plead guilty, but there |
are rights which public policy will
not permit to be waived. Such is the |
right to wages for labor and other |
things. Cases in the United States |
have held, with marked uniformity,
that the laborer cannot waive his |
right to wages.
In the Act of 1890 the Legislature
departed from the lines ofthe opinion
of the Supreme Court as to what |
legislation restricting Chinese immi-
grafton could be enacted. Nothing is
said in that opinion about deducting
wages, nor seVerel other matters, such
as the contract not to exercise any of
the rights of Hawaiian subjects. The
opinion cannot be held to extend to
and cover those points.
1t is probable that a decision may
be handed down shortly. If the de-
cision of Judge Dole should be sus-
tanned, it is probable that consider
able number of Chinese can be pro-
cured at once, which would relieve
the labor market materially. But
the law as to the terms of admission
and employment permitted will still
remain in full force.