The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-15

aid and Ed Rosenberg, secretary OF a
labor council in San Francisco. This
council is composed principally of men
of the Sailors Union and members of
the Typographical Union. With the
exception of this council, the labor or
CARNATIONS generally endorsed Mr..
Fitzgerald's views on white labor for
the Islands:
[Copy.]
San Francisco, May q, 1897
Ed Rosenberg, Esq, Recording Secre-
tary, San Francisco Labor Council,
1859 Mission Street. San Francisco,
CAL:
Dear Sir:-In reply to your favor OF
the 18th inst, and in answer to the
resolutions passed by the honorable,
the San Francisco Labor Council, on
the 18th inst, permit to say that | have
investigated the laws of Hawaii, which
provide for the enforcement of labor
contracts, and find that there are GER
tain laws which that Government has
found necessary to regulate employ
ment both as to employer as we'll as
employee, and the Hawaiian Govern
ment through the necessity of having
had to look TO all countries upon the
face of the globe for labor, has been
compelled to pass measures affording
adequate protection to both master and
servant. In my opinion the laws are
necessary, until other regulations are
made, so long as they continue to en-
ploy the same class of labor as is now
employed and do not admit of criticism,
except upon technical grounds, by
those who may see fit to cherish in
their breasts antagonism to the polit-
ical concerns of a country.
There is just as much ground for
claiming that the laws of this country
reduce labor to the conditions of sla-
very as to reason that the statutes of
the Hawaiian Government make slaves
of all who see fit to enter service there
under contract.
To begin with their laws do not re-
quire that a penal clause be inserted
in the contract. Sections 1419 and 1920,
spectiveIy. of the Civil Code, provide:
Section 1419-"If any person lawfully
bound to service shall wilfully absent
himself from such service, without the
leave of his master, any police or dis
trict justice of the Kingdom, upon COM
pleint made. under oath, by the master
or by any one on his behalf, may issue
and bring him before the said justice;
and if the complaint shall be main
tanned, the Justice shall order such of
fender to be restored to his master, and
he shall be compelled to serve the re-
mainder of the time for which he orig
inally contracted"
Section 1920. eff any such person
shall refuse to serve according to the
provisions of the last section. or the
terms of his contract. his master may
apply to any district or police justice,
where he may reside. who shall be
authorized by warrant or otherwise,
TO send for the person so refusing. and
if such refusal shall be persisted in. TO
commit such person to prison. there 70
remain. at hard labor. until he will
consent to serve according to law
"And in case any such person so
bound as aforesaid. shall have returned
TO the service Of such master in and
obediance to such order of such Justice
and shall again willfuIiy absent himself
from such service without the leave OF
his master. such district or pOlice JUS
tice may fine such offender not exceed
inc five dollars for the first offense. and
for every subsequent offense thereafter
not exceeding ten dollars. and in de-
fault of payment thereof such offender
shall be imprisoned at hard labor until
such fine is paid: and at the expira-
ton Of such imprisonment. such jus
tice shall order such offender to be
restored TO his master to serve for the
remainder of such original term of ser
vice"
This law is subject 70 the regulation
Of the Board Of Enumeration, and no
American could be brought in under a
contract under the penal clause without
the permission OF eaid hoard. The