Evening star., 1897-04-07
HAWAII D|STRAUGHT
Hundreds Of Japanese Immigrants
Sent Back Home.
FEAR OF 4 new COUP D'ETAT
Strong Restriction Laws Being Rig
idly Enforced.
NJ E n A G E TO Pc A G f
NJ E n A G E TO P E A G f

Special Correspondence of The Evening Star.
HONOLULU. March %, 1897.
The government of Hawaii has just taken
very serious and possibly dangerous
step-one that is liable to produce grave
conflict with Japan. A determined stand
has been taken in enforcing our immi-
grafton laws in the case of several hum
dred immigrants from Japan. On the night
of the 10Th Alb out of go of the immi-
grants per Shinshin Maru were taken
from quarantine and replaced on board
that steamer to be taken back to Japan,
having after careful examination. been
found, under our laws, to be disqualified to
enter this country. 1t is regarded as not
unlikely that SO severe a measure, entail
ing so much loss upon the parties con-
cerned, will result in reclamations and
other difficulties with the Japanese gov
ernment. A similar action is now proceed
ing in the case of 81 passengers per Saku-
ra-Maru.
This government clearly sees that the
time and occasion have arrived for firm
stand to be taken in this matter. and that
weakness or delay in doing so will only in
crease the mischief. Certain Japanese emil
grafton companies appear to have deter
mined to force their people upon Hawaii
in large numbers, in defiance of our laws
and regulations. 1t seems to be a bare
1aCed attempt TO eVdde ana override our
laws, which have been carefully enacted to
prevent our being crowded with undesira-
BILE strangers unprovided with means of
subsistence, or otherwise unacceptable.
Great excitement prevails upon the subject
among the resident Japanese, who resent
this exclusion of their countrymen, and on
the other hand, to less degree, among
our white population. who regard the in
crease of japanese with great apprehen-
sion, we'll among the Chinese. who
detest them.
Strict Emigration Laws.
The Japanese steamship Shinshin-Maru
arrived March 5 with go japanese passen-
| gers for Honolulu. They were landed to
| complete their quarantine period upon the
| sand-spit of Koholaloa. upon the west side
| of the harbor, where are ample accommo-
| dations. careful examination by the
deputy collector, by law provided, re-
suited in finding only 30 of them qualtf1ed
| to enter the country. The captain of the
| steamer was then informed that he must
| take the rest of his passengers back to
| Japan, and that he would receive no clear
! ance for his ship until he had taken them
| aboard. At the same time the two agents
of the immigration company were arrested,
| to be punished for bringing the people here.
| The laws violated were enacted in 1894.
| One of them prohibits any alien passenger
| to land who is not the owner of as much as
| $50 in coin guaranty against his becom
| ing public charge Another provision of
| the law permits contract laborerS not so
| provided to enter the islands, if under spe-
| cifc contract to labor on plantations by
| special permit from this government. The
! deputy collector found that the majority Of
| the immigrants having in their possession
| the required $50 were not the owners there
| of, but had been loaned it temporarily for
| the purpose of evading the law. He also
| found that the majority of those claiming
| to enter as contract laborers were under no
| permit from this government. Such per-
| mits are issued to the plantations under
l oar of nj restrictions in order to DreveQt too
| many Asiatics from coming. The present
| rule is to grant permits for only half as
| many Japanese contract laborers as Chi
| nese, and to require 10 per cent OF the con-
| tract laborers to be Portuguese other
Europeans. These agents were attempting
| to run in 200 contract laborers for
whom no permits had been previously Sc
| cured
Delay was then interposed by recourse
| being taken to the Supreme Court in be-
half of the immigrants. 1t was claimed
that they we've entitled to enter and locate
| in Hawaii under the existing treaty made
in 1871; that they were unjustly restrained
and deprived of their liberties, and that
they were threatened by the collector gen.
eral with deportation. The collector made
return to the court that the petitioners
were aliens; that after careful examinat ton
| 1t had been determined that they lacked
the necessary qualifications required by
law for admission to this country and that
they must therefore be deported.
| A lengthy traverse to the collectors re-
4
any legally conducted examination of the
right of these japanese to land had been
made by the deputy collector, or that any
| legal decision thereon was made. 1t was
claimed that the court should inquire into
| the proceedings. in order to ascertain if
the statute relating to the landing of aliens
in the Hawaiian Islands (act G6 of 1s94)
| had been complied with. Counsel also
claimed that the deputy collectors decision
wns not final, because not communicated
| to the immigrant japanese, so as to enable
| them to appeal to the collector general
also because no opportunity was giver
| them to consult counsel in derrOgation oil
| the treaty right of Japanese subjects tC
| remain and reside in these islands, like
| subjects of other nations and with like
privileges, which in the case of treaty
) with Spain specify the right to free an(
easy access to courts of justice and EN-
ployment OF lawyers or agents.
Following the United States.
e Several days were occupied in hearing
this case On the 17th the court rendered
: its decision against the japanese. 1t wa.
held that the treaty provisions to coun
4 sci applied only to aliens actually resident
! and not to aliens not yet landed, but un
: der examination as to their right to land
| Those treaty provisions, moreover. apply
( only to judicial proceedings whereas thos,
conducted by the deputy collector were oni,
! executive, and not judicial. The act direct
( ing the examination to be made by tn,
: deputy collector does not conflict with tn
S treaty with Japan, because it makes n,
S discrimination between Japanese subject
| and those of other countries.
Has the statute been complied with? Ref
erence Is made to decisions of Unitet
States Supreme Court, relating to act O
e Congress of March 3, 1891, from which ou
( | statute was mostly taken. Both statutes
exclude certain classes of undesirable per
sons and confer upon certain executive of
ficers the duty Of inspecting all alien pas
sengers. and deciding upon their right t,
Ion 10 oofa ao1 t1,a
such officer ''is made sole and exclusiv,
. judge" land no other tribunal can ''re
examine or controvert the sufficiency O
= the evidence which he acted" Unde
;, those United States decisions 1.-The prope
inspection officers are required to go OF
board any vessel bringing alien immigrant
. and to inspect and examine them, and ma,
for this purpose remove and detain then
: | on shore Without such REMOVAL heine con