Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1897-07-22
STATUS OF CONTROVERSY.
Continued from Sd Page.

REOVIuo ouCu tIiOuuuio 90 ~ oCoo
ct, and to give them jurisdiction.
The Supreme Court stops at find
ing out whether the procedure
prescribed by the Legislature has
been complied with. The petit.
ton of 8. NJ. Ballou was not only
heard on behalf of the i'm migrants,
but the Supreme Court decided
that oil the proceedings relative to
their rights to enter the country
had been properly conducted, so
that Notwithstanding all that has
been said they have had their day
in court.
Mr.. Cooper understands from
what has been said that the Jap
anese have no desire to d uss the
merits of the proceedings had by
the customs authorities. Discre-
ton had been exercised in favor
of immigrants previously in the
country. Their status was differ
emit from that of other immigrants.
Women, having relatives here
were admitted on previous rul-
ing by the Department of For
eign Affairs. In these cases of
alleged discrimination the Gov
eminent had simply avoided
raising question of vested rights.
With reference to the $50, the
word "possession" in the law was
construed to be synonymous with
Ownership" The fact that the
$50 exhibited by a man had sim
ply been lent to him for the
moment was deemed sufficient
cause for his rejection. The bur
den of proof is on the immigrant
that he has the right to land, and
cannot be shifted on the Govern
ment to show that he has not.
The Minister of Foreign Affairs
reairms the understanding that
the memorandum Of agreement,
between the emigration company
and the emigrant, comes within
the purview of Section IL, Act of
1895, and the mere fact that it may
under certain circumstances be
optional whether the man avail
himself of the contract does not
take it out of the provisions of the
law. 1t became very apparent
that the guarantee of the company
to supply labor could not be car.
ried out, as ii was wellknown that
plantation managers had been
we'll supplied with labor and that
through the proper channels. If
such emigrants had been allowed
to land it would have resulted in
having large body of unemploy.
ed in the country.
1t is further shown that those
emigrants were all agricultural
laborers and as such did not come
within the provisions of the treaty
of 1871, which limits i'm
migration OF Japanese sub
jects to the merchant class. This
Interpretation of the treaty has
been adopted by the Japanese
Government with regard to Hs-
wsiian citizens, and the fact that
heretofore Japanese immigrants
of this character may have been
allowed to enter the country is no
answer to the position that the
treaty is in fact limited in its
scope, and does not bind this
Government to accept immigrants
from japan of the class to which
the persons in question belong.
This is more clearly brought out
by the fact that when immigra-
ton was about to begin from
japan it was found necessary to
enter into a convention, under
which the immigration of Japa-
nese subjects was successfully
carried on to the satisfaction of
this Government. Immigrants
who have left Japan not under the
auspices of the convention but
under contracts of service, the
form of which has been approved
of by the Board of immigration,
may we'll be considered to be
voluntary immigrants to come
neither under the provisions of
the treaty nor the conditions of
the convention.
The Government was glad to
welcome Japanese subjects COM
ing under the provisions of the
convention and also such immi-
grants as have come under the
auspices of the Board of Immi-
grafton. While perhaps it is
true that immigrants were com
ing in ignorance of violation of