The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-07-21
THEY ARE NOW OUT FOR ARBITRATION

an extensive letter which was handed
to Minister Cooper by Minister Shiml-
mura on May II.
The Count started out by reciting
the return of the rejected immigrants
on April 9. He said that the Imperial
Government, after taking careful
and deliberate consideration of all the
questions involved in the matter ard
although Influenced TO accord due
weight to every eXtenuating circum
stance and explanation. had been
hospitable action was an open viola
tion of the conventional rights Of Jap
anese subjects directly, under the
treaty of 1871, and indirectly, by appli-
cation of the most favored nation
principle to treaties now in force be-
tween Hawaii and other powers, Jap.
anese subjects absolutely and equally
with Hawaiian citizens.
First-They are at liberty freely and
securely, to enter with their ships and
cargoes, all places, ports and rivers IN
Hawaii which are open 70 foreign com
merce.
Second-They have the right to
travel. trade, reside and exercise every
profession or industry in all parts of
Hawaii
Third-They are entitled to con-
stant and complete protection from
the Hawaiian Government for their
persons and property, as well as in re-
gard to civil rights.
Fourth-They are also entitled to
free and easy access to the courts of
justice Of Hawaii in pursuit and de-
fense of their rights, in every instance
and degree of jurisdiction established
by the laws.
Fifth-TheY are at liberty under any
and all circumstances to choose and
employ lawyers. solicitors advocates,
or agents from any class whom they
may see fit to authorize to act for
them or in their name.
After recapitulating the contentious
which have already appeared, such as
being denied to consul, returned with
out judicial determination. etc. the
I Count insists that the immigrants
were ANONYMOUSLY and capriciously
expelled from the country.
He n1fIc. ssTt not al I,o Z
similar treatment would be meted out
to Hawaiians."
Count Okuma also took occasion to
add that reasonable laws reasonably
administered will provoke no remon-
strance from Japan. He said that
the present use of the laws were in re-
versal of existing precedents and w"re
arbitrarily and capriciously enforced.
That the judicial proceedings in the
| Hawaiian courts were not conclusive
and the refusal of court of appeal
was a denial of justice.
On May "a Ministed Cooper re olicd
to the Counts note. The Minister con
tended that the examination was be-
fore competent tribunal, action of
Supreme Court was well founded and
that the japanese were deprived If no
rights Further that it was well with
in reason that the necessary safeguard
should be taken against vagrants, Us
the well being and peace of the m
tion depended upon it. Any nation
has right to protect itself from an
immigration which is stimulated be,
yond its natural course through thl
enterprise of individuals and com.
panies for profit. Such immigration
embarrasses labor and the orderly
status of the community.
The Hawaiian Minister in replying
to the construction of the treaty said:
81 am not aware that the favored ma
ton treaty can be construed to this
great length, and at the same time not
agreeing to the claims of his Excel.
lency that japanese subjects have Ger
tain rights in Hawaii. All treaties arc
subject to the constitution and such
laws as may have been from time tC
time passed by the Legislature within
reasonable limits"
In replying to the statements of the
Counts that the japanese were not
permitted to consult their consul
Minister Cooper drew attention to the
fact that Minister Shimamura had re.
quested him on March IT to be per.
mitted to hold a personal examination
of the Immigrants.