The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-17
IMMIGRATION WITHOUT PERMITS

There is another view of the labor
immigration matter that has not been
taken. 1t may have an important
bearing ON the subject and may in
ecutive to follow.
The Annexation Act provides that,
1.-The existing treaties of the Hawaiian
Islands with foreign nations shall
forthwith cease and determine, being
replaced with such treaties as may ex-
dst or as may hereafter be concluded,
between the United States and such
foreign nations.
1t is singular that such provision
was embodied in the Act, when the
Act itself made the Islands part OF
the American territory, and subject to
it's treaties with foreign nations.
But the Act is mandatory, and
brings Hawaii under the treaty now
existing between Japan and the United
States, and the treaty that will be in
force upon the 1st of next July.
What then is the situation? Is the
Japanese treaty subject only to the re-
strictions contained in the Federal i'm
migration laws, or is it also subject to
the Hawaiian immigration laws?
1t seems to be an untenable position
to take, that the Annexation Act con-
templated the substitution of the Ha-
waiian immigration laws for those of
the Federal laws. The moment annex
alton took place, all relations between
Hawaii, as a nation, and Japan abrupt
ly terminated. If the act of annexa
ton intended to put additional limita-
lions on the characterization treaty
by reviving the immigrant laws of Ha-
wall as against Japan, it would have
said so. While Congress may make
general regulations regarding immi-
grafton, has it the power to confer
upon the territory of Hawaii the right
to refuse to immigrants the permission
to land unless they have permits"
which the Federal laws do not require?
Is this requirement an additional
burden upon the Japanese-American
treaty which is binding on Japan, or
The REPRESENTATION treaty is, by
the Act of Annexation, a law of this
territory. 1t must carry with it all
the regulations and limitations con-
tanned in the Federal laws which affect
that treaty. Does this treaty, when
it reaches Hawaii, suddenly drop all
Federal regulations affecting it, and
suddenly substitute the regulations of
the Hawaiian municipal laws?
The dominance of the Japanese-Amer-
lean treaty on these Islands, naturally
and logically extends to them the
Federal immigration laws which permit
immigration without limit as to num-
bers provided it is not assisted. All
persons, excepting those with special
disqualification, possessing $50 each,
and who have not been assisted" have
the right to cross the boundaries OF
any part of the Republic.
The conclusion is justified that this
provision of the Act of Annexation
expressly bringing into full effect IN
Hawaii the characterization treaty,
effectively. the Federal immigration
laws that regulated it. At the same
time the treaty itself, and these Federal
laws repeal the municipal laws requlr-
ing permits. If this view is a correct
one, the government is without power
tn grant or refuse permits and all Jap
anese immigrants may enter the ter
ritory provided they comply with the
Federal laws An attempt to regulate
immigration with permits would be in
any event a prima facie violation OF
the treaty which the local government,
now shorn of all power concerning
foreisn affairs. is in no position 10 at
tempt.