The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-07-24

| erned by the ani,y ana commerce treaty
we're only too pleased to acquiesce qui-
| city in allowing TO fall into disuse what
| was virtually semi-siave-Iabor conven-
ton. Since the practical suspension OF
| the convention the government here abs
! in most cases claimed the right 10 ap-
! prove the contracts of laborers whom II
! is proposed to bring into the country;
but in many cases large shipments have
| been admitted without approval.
| In the ma ;ter of free laborers, until
| February last they were always admit
ted il in good health and able TO show
to the examining official not less than
$50, the possession Of which NETS all
| the requirements OF the law. The in
| crease of japanese immigrants during
the last two years mas not been in ex-
cess of the increased output Of sugar.
nor has the labor supply been beyond the
demand. In view OF these facts, TO the
| unbiased onlooker it seems a singular
proceeding, 10 say the least. that the
| Hawaiian government should refuse 10
admit japanese immigrants to land who
possess the necessary qualifica tions, and
| al a time, 10, when several plantations
We're badly in need Of labor. In fact.
! Immediately after the refusal OF the gov
! eminent to allow the Japanese to land,
orders were forwarded TO China, with
The approval OF the executive. for about
100 Chinese. Another peculiar circun-
stance Is that, although Mr.. Tnurston
was in Washington, and had not the
| opportunity 20 communicate with the
| Hs waiian government between the arr
val Of the rejected Japs and their forced
return, he published an account of the
! events connected with their return in
American newspapers, substantially as
they occurred. and actually in advance
! Of their occurrence.
At the time Of the return Of the Jap
enese immigrants Minister Shimamura
made d personal examination into each
case, and afterwards publicly protested
on board the steamers carrying back
| the rejected men, against the action OF
the government Your correspondent
is reliably informed that on or about
| the 18th Of March last Mr.. Shimamura
| again protested in writing, and after
| waiting a reasonable length of time for
a reply. without success. he again ad-
| dressed the Hawaiian authorities in most
| imperative terms, later sending third
demand, all OF which were ignored by
Mr.. Dole's government until about the
1st Of May. Since then the contro-
versy has been dragging slowly along,
varied only by the arrival OF a japanese
gunboat and Special Counsellor Aki-
yana.
| I am creditabIy informed that the Jap
ansse case rests on the following points:
| 1. That. under the amty and COM
merce clause in the Japan-Hawaii treaty
| Hawaii cannot pass laws discriminating
against Japan or hostile to her interests;
| therefore, Hawaii's action is at variance
with treaty provisions; that treaty in
most civilized countries is the supreme
law Of the land, and is obligatory on all
parties itigating in the courts; that a
former decision of the supreme court
OF Hawaii sustains this principle, and
that there was no warrant, either in law
! or otherwise. 10 act differently in the
case under review.
2. Article of the treaty between Spain
and Hawaii provides that the subjects
Of each country shall have free and safe
/ ingress an egress at all places and parts
| 3. Article of Hawa.i's treaty with
! Spain also gives the subjects Of that
country the right and privilege to appear
before any court in the Hawaiian islands
and to employ counsel whenever they
may wish 10 do go.
While the rights and privileges as quo
ted above are not specifically stated in
the treaty between Japan and Ia vail,
they are never theless guaranteed 10
Japan by most favored nations"
| clause. In habeas corpus proceedings
in a case exactly similar TO the ones
which nave given rise to the present dis
rute the supreme court of Hawaii not
only received the petition, but decided
in favor Of the petitioners and against
the government. In the cas-. of the pas
sengers recently returned. the same su-
preme court refused to receive a habeas
corpus petition. and the government also
refused friends of the petitioners the
right to employ or consult with counsel
| The supreme court also ruled that the
collector-general OF customs as provided
by recently passed immigration laws,
IN the case os immigrants attempting
10 land a. any port Of the Hawaiian
islands. shall be sole judge as TO the
qualification OF such immigrants TO So
land, and that his decision is final
On the other hand. article 81 OF th4
constitution OF the Hawaiian republic
provides for the establishment OF the
various courts Of justice. and article s.
defines the jurisdiction and powers OF
said courts as follows:
| TIE judicial power SHALL extend TO all
cases in law and equity arising under
| the constitution and laws OF the republic.
| and treaties: 70 all cases affecting public
ministers and cousuls. and u all cases
OF admiralty and maratime jurisdiction.
On the foregoing grounds Japan rep
resents that the administration OF The
! law by the Hawaiian courts has been az
| bitrary AMI capricious. and contrary -
| presidents established by those courts,
and also tina. the ruling in regard 70 the
/ powers Of the collectors general is uncon-
s.!tutional.
! \ few days ago Minister Shimar1u-a
| fled Two additional complaints. one re-
! ferr.ng % a regulation compelling plant
| ers 20 bring s.xty-six Chinese laborers
/ for every thi-ty-;hree japanese. and the
! other setting forth tia; the new wine
| tariff which goes into effec; on the ist
| % July is intended 70 discriminate
/ against the Importation OF japanese sake
and in favor OF California wine OF
| these latter protests, Whatever the nier-
! is % the first may De. il is not believed
| the second VII holi good.
! have endeavorei - give an impartial
| review % he Hzwaiian-Japan dispute
! and he n-asanf sta-us ~ The case Yes