The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-15
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members of said board have informed
me that no such privilege will be
granted; and further, no EMPLOYER
upon the Islands Will accept Americans
under such conditions: further this
law was enacted at the request of the
Government of Japan and China TO in
sure 10 the immigrant work for spe-
cine period, together with home. medi-
cal attendance, etc: and further 10
protect the immigration companies OF
the respective countries, who guaran-
tee that said labor will faithfully per-
FORM the work. and it is they Cthe rem
resehtatlVes OF the Japanese and Chi
neSe) who enforced the provisions NJ
this law. As | have said before an
American could not be brought in there
under this contract, nor neither would
ne De allowed 10 make this contract
AFTER he had become a resident
lhese sections particularly refer tn
ana the evident reason of their exis
tence is in the enforcement of the CON
tract under which the laborer enters
service. leaving it optional with the
contracting parties whether or not a
penal clause be Incorporated in the
said contract. Therefore. I cannot find
anything repugnant in these said laws.
as any labor which may be sent to Ha-
waii from the United States will he
adequately protected in the provisions
or the contract or agreement under
which it may enter service AS have
before stated. experience has taught
both employer and employe that Ger
tain laws We're necessary for their pro-
lection. handling as they have. a class
OF labor from countries of a less de-
gree of civilization than ours, and I'M
doubtedly the laws which seem to ere
ate such a horror in the eyes of those
who for political reasons are opposed
TO the Hawaiian Government are only
actuated by a spirit of fair dealing to
all concerned. While these things will
remain upon their books the sentiment
of the people of the Islands is very diff
ferent 70 them. not so much from a
standpoint of humanity the effect they
may have upon the personal liberty OF
the servant, or the protection of the
master, but upon the ground that they
are unnecessary. as they have adopted
other measures quite as effective and
more congenial Such measures are
best explained by G. o. Nacayama, In
spector-in-Chfef of Japanese Immi-
grants, in his report of March 81. 1892,
TO His Excellency. Charles n. Spencer.
Minister of Interior, and President of
Bureau of immigration, in which he
says:
"The desertion of laborers is very
frequently reported from various plan
tations. I believe this could be checked.
provided the planters combine and en-
ter into mutual agreement between
themselves, not to employ any Japan
csc laborers who do not possess proper
certificates of discharge emitting them
to he employed elsewhere"
This method has been pursued with
the result that the penal contract law
is now virtually obsolete and a dead
letter, or, in other words. has fallen
into a state of innocuous desuetude.
Having explained the attitude of the
Hawaiians in regard TO these laws, I
will answer your questions:
l. "Have contract labor laws been
reDealed?" No
2 Does not law provide for spe-
ciic enforcement OF contract to labor?"
No.
Does not the laws of the Republic
of Hawaii provide that any one making
a contract to labor must fulfill such
contract in pain of imprisonment"
Optional on part of contracting parties
as to whether or not penal provisions
shall be inserted.
3. care not such contracts TO labor
generally enforced?" No. They are
not considered necessary for reasons
before mentioned
4. Does not specific enforcement Of
contracts to labor amount to slavery?'
No. I consider that there is wide dis
tinctiOn between one who is held in
bondage by another, who is wholly
subject to the will of another who
has no freedom of action, but whose
person and services are wholly under
the control of another, and the person
who voluntarily enters into a contract
to perform certain services for anoth-
err.
B. eff these laws are vet in force,
had not workingmen, though idle, bet
ter wait before going to Hawaii, until
the authorities now in charge of these
Islands. shall respect liberty sufficient