The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-01

provision, Of the last section, tc 81 is contract his
master may apply any district magistrate where he may ~
side, who shall H. otherwise "a send
tor the person refusing. and II such refusal bc persisted
commit such person prison. there remain at hard labor
until lac VIII consent {" serve according Z" law Ana n 'c
such person bound aforesaid ~hall have returned TO the
service of such Obedience such "rcr q" such mags
tr AMI shall again wiuIy absent himself from such service
without the leave 1T hi such district hno
such offender for the first oicu>c cNcccn five dollars
and for the second "fcnc exceeding dollars: and IN de
fault IF payment thereof. such offender shall imprisoned
hard labor until such fine Iaid AMI Tor every subsequent
on>c thereafter the offender shall H. iu,.l a, har labor
exceeding three expiration such
prinmcnt such magistrate shall order such offender H.
orcd to- h master To- serve fr the remainder Il . original
term 81 service.
The defendants appealed On point, law; ia the sayew case
certified that the proceedings arrest. ju,
contrary the tlc United States
that Sections 1881 and 1855 penal laws 81 awa. under
which these proceedings had contrary the Constitution
of the United States and in the Zcluch whether
the proceedings hal in this conflict with the Cons
tuition of the United therefore Void and whether
Sections II contrary
to the Constitution 81 the United States and therefore void"
These thc only points certified mp b the district magi
atc The defendants claim that the proceedings and the law
under which they charged contrary
the provisions Of the Constitution Of the United that
l. The masters AMI law directly eoniravene the
XIIth Amendment Constitution 81 the United States
which provides neither slavery involuntary srvitudc,
punishment whereof shall
been duly convicted shall exist within the United States
any place subject 20 Its jurisdiction
The ofense within the provisions OF Article V,
Amendments the Constitution o the United States requr
ing Pre~cntmcnt Indictment by a grand jury.
= The law under which defendants imprisoned denies
them the right Of trial by jury Tin the first ns,ancc
the protection Of the Federal Constitution Article ILL.,
Section ?, and the With, With and With Amendments
l. The Masters aud Servants Act makes imprisonment
life possible punishment for violating provisions
travcntcn 81 Article VIII OF Federal Constitution
The decisions rendered in the Of Peacock q
public Of Hdraii, ante T. %, Republic f Haoaii Edcars
ante p and Ha'oaiian STD, Nccspapc SayEov, ante,
the provisions of the Constitution of the United
cited in force here during the present period
The defendants further claim that prosecution
ton Article o. Constitution of the Republic Of Hawaii which
depending within the limits of the Islands sla he
prosecuted final Judgment execution in the name Of
the Republic of Hawaii. siyc all processes shall
be The Republic Of Hawaii and all prosecutions shall be
red in the and by authority Of the Republic
Hawaii"
We of tc opinion that this apply to cases
of this nature and does change the decision
Coolidge P"aaik law s1i, where held that suits
of this character civil actions and should entitled:
in respect do they fall duties Of the public pro-
secutor Affirmed in the HononH Sugar Saycsci. and
ZcI"ch eases decided September Term Is9s
The appeals dismissed and judgments affirmed
Kinney BalIou McCIa"oha|, for plaintiff.
Hitchcock Smith Monsarraf d WeJsr for defendant.