Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1897-07-22
REILLY or MINISTER COOPER.

Minister Cooper addressed
reply to Count Okulna on May "a.
In 1t he says that notwitbstand-
ing the admission that the regula-
ton OF immigration was a proper
exercise OF police power, II was
regretted that exception had to be
taken to the language Of the
Counts communication, in using
the words arbitrarily" and
"cspriciously." The examination
OF the immigrants was before
competent tribunal, and the de-
cision OF the Supreme Court sus.
tanning the Custom House was
based on sound judicial principles,
and the result was no breach of
treaty rights.
Act II of 1896 was but reason
able protection of this country
from undesirable residents. The
validity of that and the Act of
1894, part of which had been OBJ
jected to, could not be successfully
assaulted on the ground that they
are in violation of the treaty, as
they make no discrimination be-
tween subjects of japan and those
of any other countries. Such
laws are q necessary safeguard
for the peace and welfare of the
nation. The right to pass such
laws is inalienable and incident to
the rights of sovereignty. This
country in common with other ma
tons maintains the right to protect
itself from the injurious conse-
quences that might arise, both
from the Unrestricted immigra.
ton of individuals injurious to
the community in its NOR
81, sanitary and economical
interests, and from an immigrs-
ton stimulated beyond it's natural
course through the enterprise of
individuals and companies for
profit, which stimulated immigra-
ton tends to the embarrassment
of labor conditions and the order
iy status of the community, and
in accordance with this authority
Hawaii is clothed with the power
to apply such laws wherever
necessary.
Minister Cooper is not aware
that the favored nation clause of
the treaty has ever been construed
to such a great length as japan
contends for. While agreeing
with the claim that japanese sub
jects have the right to trade, re.
side and exercise all sorts of in.
dustry and professions in Hawaii,
this Government should maintain
that all the treaties between Ha
wsii and other countries are sub
ject to it's constitution and also to
the laws that may have been pass
ed by it's Legislature. 1t is
strenuously denied that Japanese
subjects were entitled to any
further determination of their
residential or other rights than
was accorded them.
In regard to the charge that the
Japanese were not permitted to
take counsel of the representative
of their Government, he drew the
attention of his e1cellency to the
facts that the Shinshiu Maru ar
rived on the 9th of February, that
the period of quarantine expired
on March 10, that habeas corpus
proceedings were begun on the
same day and that not until March
II was any request received from
the Minister for a personal exsmi-
nation of the immigrants.
Mr.. Cooper states to the report
ers that he conveyed Mr.. Shima-
mura, with his secretary and Mr..
Humphreys his attorney, in his
own boat to the quarantine sta
ton, and there offered him seat
at the examination, but he declin-
ed the offer and asked to be allow.
ed to make o private examination.
As accommodations had only been
provided for the Government ex-
animation, a denial of this request
had to be made at the time. How
ever, Mr.. Shimamura wrote the
same day demanding private
examination. Mr.. Cooper wrote
TO him OIL the 18th, allowing him
u private examination, which he
held. When Kinney & Ballou,
attorneys, presented themselves as
counsel for the immigrants, the
immigrants were asked if they
had desired to see counsel and
thew answered that thew had not,