The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-07-22


The acts mentioned were reasonable reg
ulations to protect residents of this coun-
try against undesirable immigrants, and
that the validity of the acts cannot be
successfully aSSailed on the ground that
they are in violation OF the treaty, as
they make no discrimination between the
subjects of Japan and any other country.
That the provisions of Section ], Act %,
of the Laws of 1894. are well within the
reasonable exercise of the police power
of the State, that such laws are neceS-
sal.y to the peace and well-being of a
nation. The right to pass such laws Is
inalienable and well within the laws.
insisted that this Government. in COM
mon with other independent nations.
maintains the right to protect itself
against injurious consequences which
would arise, both from unrestricted inn
migration of individuals, dangerous to
the country in it's moral, sanitary and
economic interests and from an lmmlgra-
ton. stimulated beyond its natural course
through the enterprise of individuals and
companies promoting such immigration
from motives of profit, which stimulates
emigration, tends to the embarrassment
of the labor condition and, indirectly, to
the orderly status of the community and
possessing this power, is to be exercised
for the protection and security. is clothed
with the right to determine the occasion
on which the power may be called forth
II am not aware" continued Minister
Cooper, that the favored-nation clause
in any treaty has ever been construed to
this great length, and, at the same time,
while not agreeing to the claim of His
Excellency, that Japanese subjects have
the right to travel, trade, reside and ex-
ercise profession and industry in all
parts of Hawaii, / should maintain that
provision if all treaties between Hawaii
and other countries are subject to its
constitution and such laws which have
been passed by the Legislature.
1T is strenuously denied that the immi-
grants were entitled to any further con-
Sideration of residential rights than was
accorded to them"
one of the complaints made by Min
iSter Shimamura was that which referred
to the treatment of immigrants while in
quarantine, in so far as it related to their
being denied the privilege of a conference
with their representative or the services
of a lawyer.
I'm dealing with this phase of the con-
troversy," said Minister Cooper, 81 drew
his attention to the -fact that the Shin
shiu Maru arrived here on the 9th Of
February. The period of quarantine eX
pired on March 10th, and habeas corpus
proceedings began the same day, but not
until the 18th of March, one week later,
was any request received from him to
have a personal examination of the i'm
migrants. l remember it very well, for
had my hat on and was ready to go to
quarantine when his message arrived.
stepped to the telephone and told him
that I would be glad to have him go over
with me in my boat and to meet me at
Brewers wharf Minister Shimamura
kept the appointment, and with him were
Attorney Humphreys and the Secretary
of the Legation. On arrival at the sta
l.
to begin the investigation, Mr.. Humph-
reys stepped forward and stated that Mr.
Shimamura requested private and per-
sonal investigation. / Immediately asked
the purport of it, and Mr.. Shimamura
declined to give it. He and his party
then left the station.
Afterwards 1 received a letter from
Mr.. Shimamura, asking for a private and
personal investigation, and this was Civ
en- him. The Japanese Government has
stated that immigrants were denied per-
1,nf.
consult a lawyer. / particularly investi-
gated this and found that the immi-
grants had never asked to see Minister
Shimamura, nor did they ask for a law
yer.
''Then there was the contention over
taking the immigrants from the ship. In
touchlng this point In my communica-
ton, I explained that it was done in
order to perform quarantine duties and
make the confinement less hardship.
AS matter of fact it was an act of hui
manity to the immigrants.
1T is true enough that Hawaii was in
strumental in instituting the emigration
of the Japanese to this country, but only
under specific understanding, more par
tfcularly set forth in the convention en-
tered into between the two Governments
in 1886, but in no instance has Hawaii
ever sought to effect colonization by
emigrants from Japan, and has ever
claimed the right to suspend emigra tion
from Japan when conducted by private
parties. There has been no reversal of
The Government has made repeated
to prevent the illegal immigra-
tion which it has felt satisfied has been
in progress for "a considerable period but
which until the case of the immigrants
of the Shinshiu Maru had been unsuc-
cessful. AS matter of fact, / was in
receipt of letters from the agents of two
rival immigration companies, Informing
me of the fact and offering to give bonds
for the proper performance of their du-
ties as immigration agents, provided they
rio tn hyrfv1 h1
immigrants here. 1t was on this infor-
nation that / acted.
The immigration laws are not in con-
travention of the treaty." wrote Min
lister Cooper, "and their enforcement was
justifable. This Government refuses to
recognize that any principle of indemni-
gard to the assurance that the acts of
this Government should not be re-
peated, we claim that we were justified
in a former action. If a similar infrac-
ton should take place a like action would
necessarily follow.
"Following this" said Minister Cooper,
Il received a request from Minister Shi-
mamura, asking for an interview. / an
swered this by saying that if the inter
view was confined to matters in the cor
respondence, / would be glad to accord
be brought up, would insist that they
be by correspondence. We had one or
two interviews, and, finding that the
business was branching out the inter-
views were dropped and the negotiations
have since been conducted by correspon-
dence.
Under date of June 4th, Minister Shi-
mamura wrote, inQuiring about the ex-
tended quarantine. I explained to him
that German measles had broken out the
day the quarantine period expired, and
under the quarantine regulations ii was
necessary to continue it. Then came
letter OF many pages. We call it here
the '7S-page letter. in which the whole
matter was reviewed. Referring to the
question of the connection of Kinney &.
Ballou with the case, he said they were
advocates of the immigrants
THE day Minister Shimamura his Sec
retary and Mr.. Humphreys went with me
to the Quarantine Station" said Minis
ter Cooper, land the Minister asked for
the private interview, you will remem-
Der, I asked the purport. Evidently there
was a misunderstanding, for it seems he
me to say result and in this
long letter he discusses pretty freely this
part of the subject and also the fact of
the immigrants being removed from the
ship. He says:
Your Government is responsible not
the laws, If they infringe