The San Francisco call., 1899-06-21
OVERRIDE THE
CONSTITUTION
The Ruling of Hawaiian
Judges on Slavery.
CONTRACT IAMc jIpuEi n
CONTRACT LAWS UPHELI
THE ADVERSE DECISION ON THE
LABORERS' APPEAL.
Penal Servitude Declared to Be Per-
fectly Legal in the Islands, and
There Is No Redress for
Employees.
Correspondence of The Call.

HONOLULU, June BIN decisions upon
a criminal case several ship registry
cases and a contract labor case the Su-
preme Court insists upon the independ-
ence OF the republic of Hawaii toward the
constitution and laws of the United
States. The conviction by nine out of
twelve jurors according to Hawaiian law
must stand even if inconsistent with the
Federal constitution. The same thing is
held regarding the want of indictment by
q Grand Jury.
Applications for maritime registry with
the Hawaiian flag must be granted to
bona tide ship owners of Hawaiian ma
tionality.
Customs duties are payable upon mer-
chandise, dutiable under Hawaiian law,
imported from United States ports.
Contract labOrers are held to the penal
terms of their contracts. 1t needs only to
quote the language of the court upon the
case involving the contract labor law of
Hawaii. The court says:
factions under the masters and serv-
ants act are civil actions and should be so
entitled Certain provisions of the con-
stitution of the United States are not in
force in Hawaii during the present tran
SitiOn period; to wit: Amendments Y, VI.
VII, VIII and NH and Article H. sec
ton q
Ii was the case of Honomu Sugar Com
pany VS.. Sayewig and \. Gzeluch. The
District Magistrate of South HilO had
given Judgment against the defendants
for refusing bound service Here it
may be stated that upon a first adverse
judgment the defendant is ordered to re-
turn to service and pay costs. If he re-
fuse or neglect to obey this mandate,
upon second appearance he is fined not
more than s. and costs. Further refusal
to comply with the contract and court
results in Imprisonment until the defend
ant becomes Subdued.
In the case just decided the defendants
appealed from the decision of the magis-
trate on points of law, the points being
that the proceedings, arrest, trial and
judgment are contrary to the constitution
of the United States, and that sections
1884 and 1855. penal laws of Hawaii under
which these proceedings are had. are
contrary to the constitution of the United
States"
The appeals were dismissed and the
Judgment of the lower court was affirmed.
Let lawyers con over the foregoing
facts. reconciling them with the oath pre-
scribed by President Mckinley on Ine
transfer Of sovereignty and exchange of
flags, which binds all executive and ju-
diCial officers of the republic of Hawaii
to support the constitution of the United
States.
The Hilo and Honolulu Railroad Com
pany is making fresh effort for char.
ter. Public opinion is divided-nOt alto
gether without prejudice as to persons
regarding President Dole's refusal of the
previous application. Mr. Gehr has pub
Iished a strong review of the presidential
reasons. The Bulletin points out what 1t
deems the inconsistency of Mr. Doles ac-
ton contrary to the advice of a majority
of the Cabinet, taking ii with his minority
report as a member Of the Hawaiian Com
mission In that document. it is re-
called he urged the advisability of sur
rounding the governor of the territory of
Hawaii with a body of cOunseors hold
ing that otherwise the country would be
liable to suffer the abuses of autocratic
and irresponsible government as under
the monarchical regime. Tt is said that
the promoters of the company will appeal
q Washington besides hair
application at Honolulu for what they
claim as their rights.