The San Francisco call., 1899-07-29
CRITICIZE LABOR
COUNCILS LETTER
Hawaiian Planters on
Contract System.
BY HORACE WRIGHT.

HONOLULU, July 21.--Some Of the lead
ing planters are, not unnaturally, very
angry at the letter of the secretary of the
San Francisco Labor Council, but do not
anticipate any serious effects from it, es-
peciaIly after the careful Investigations
made by the officers of the Italian war
ship recently in our port, which, there is
reason to believe, were decidedly favor
able. That the reports of actual cruelty
are-so far as regards the present day
grossly exaggerated is an undoubted fact.
The efforts of the present Government.
and especially the frequent visits and
close inspection of the Government
agents. have put almost an end to the
hideous acts of cruelty which were report
ed some few years ago.
1t is undoubtedly true that compara-
lively recently the Government has had
to warn certain plantations that they
could not have any more labor permits
until they treated their present laborers
with more consideration, and it does oc-
casionally leak out that here and there
are plantations upon which some of the
lunas are little superior to hends; but
then these men are being weeded out by
the managers in Self-defenSe.
The whole blame of the matter must be
placed upon the planters for using their
influence to maintain the penal provisions
of the contract labor law. The readers of
The Call will probably remember that the
present Government made the promise OF
repealing these laws one of the strongest
pleas for annexation, and yet Willfully
violated its pledges at the nod OF the
planters.
In his report to the last of our Legisla
lures the Chief Justice shows that In 1884,
95Out of the total of 71OS civil cases brought
before the courts no less than 34O3 were
for "deserting or refusing bound serV-
ice; and for 1S96-97 out of 6319 civil cases
2473 were for the same cause. These facts
alone would appear to be sufficient TO CON
denim the law without entering into the
criminal record pertaining to II.
To thoroughly appreciate the, meaning
and effect of these laws would be long
sary to peruse it by the light of half a
century ago, when it was first drafted
and study the many amendments and de-
cisions that have considerably modified It,
In brief 1t was originally enacted in the
days when the whaling trade was the
main industry and sugar was in its in
fancy. The Chinese We're not then here,
and the principal labOrers were the Ha-
waiians However, leaving history alone,
this law is studied, the more heinously
and outrageously out of place it appears
to be on the statute books Of a land
Shristianized and civilized by New Eng
land missionaries.
The most obnoxious sections are as fol-
lows
Section 1919. If any person lawfully bound
to service shall willfully absent himself from
such service without the leave Of his master
anv district or Police Justice of the kingdom
IID0n complaint made under oath by the mas
ter or by any one on his behalf, may issue
him before the said justice; and if the com
plant shall be maintained, the justice shall
order such offender to be restored to his mas
ter and he shall be compelled to not to
exceed double the time of his absence in the
discretion of the court. unless he shall make
satisfaction to the master for the loss and in
Jury sustained by such absence provided, al
ways, that such additional term of service
shall not extend beyond year next after
the end OF the original term Of service.
Sec. 1920. If any such person shall refuse to
( serve according to the provisions OF the last
section or the terms of his contract his mas
ter may apply to any district or Police Justice
where he may reside. who shall he anthori znd
by warrant or otherwise to send for the person
so refusing, and If such refusal be persisted IN.
to commit such person to prison, there to re-
main, at hard labor, until he will consent to
serve according to law.
And in such person so bound as afore-
said shall have returned to the service of such
master in and obedience to such order of said
Justice and shall again Willfully absent himself
from such service without the leave of his mas
ter such district or Police Justice may fine
such offender not exceeding s. for the first Of
after not exceeding $40, and in default of pay
ment thereof such offender shall be imprisoned
at hard labor until such fine is paid and at
the expiration of such Imprisonment, such
1 Justice shall order such offender to be re-
stored to his master to serve for the remain
der of such original term of service.
Sec 1922. All the costs incurred in any pro-
cess against a servant under sections 14l9 or
1920 shall be paid in the first instance by the
complainant. and IL the complaint shall be sus-
tained the master shall have judgment and
execution therefor against the offending servant.
These sections require no further COM
ment than the fact that the Stars and
Stripes float over the islands and the Ga
licians are still in prison under this law.