The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-21

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the reason that men have made con-
tracts IN Hawaii with companies in
Japan for the purpose Of importing la
Dor. Those contracts can not be, or
ought not 10 be. invalidated BIZ any act
OF Congress. So far as he japanese
citizen is concerned, he ought not 10 be
subjected 10 the laws which we're not In
force at the time those contracts were
made But so far as the contract itself
is concerned. how can We AFFORD TO say
that contracts which were valid. made
since the 18th day OF August, 1898. shall
be made invalid by the operation Of
positive law? There We are cutting
into the arrangements OF those men,
not i'm Hawaii. but chiefly in California,
and who caused those contracts 20 be
made.
We are cutting into them in such a
way as would be utterly disastrous II
We had any power 20 do 10. We are
mercy raising questions that We have
no power 10 enforce. for / take IL that
after all the Supreme Court Of the
United States, when 10 comes to sound
this question 10 the bottom, will hold
that the Constitution of the United
States operates as a prohibition upon
4
that was valid al the time it was made.
think so. That is a point which has
never been exactly decided, but 70 GER
tainly has not been decided against he
proposition l advance.
| Mr.. SpOOneT viii the Senator from
Alabama allow me?
| Mr.. Morgan. Certainly.
Mr.. SpOOner. Does not the Senator
i \ g.. 81
principle Of equity Jurisprudence that
! the specific performance Of contract
for personal service will not be enforced
lby a court of equity?
Mr.. Morgan. You can not enforce
the specific performance OF a contract
by personal service in any court.
Mr.. Spooner That is right. That is
one branch of the amendment.
| Mr.. Morgan. Only one branch, and
that 1 am in favor of.
Mr.. Spooner. Let me ask the Senator
another question.
Mr.. Morgan. Yes, sir.
Mr.. SpoOneT. Is it at all in harmony
with our sense Of right or theory OF
government that a violation of a con
tract for personal service shall be Grim
inally punished?
Mr.. Morgan. Not at all. j opposed
ali those laws in the South.
Mr.. Spooner. That is the second
branch OF the amendment
Mr. Morgan. Yes.
Mr. SpOoner And the two are all
that is embraced IN the amendment Of
fered by the Senator from Massachu-
sets.
ar. Morgan. No; l think not.
think the amendment of the Senator
from Massachusetts, cuts down every
contract in relation TO the subject OF
the importation Of labor under con-
tract. There are some of them, | think
lof very great magnitude, the largest OF
them, the most important of them, held
in California.
Mr.. Chiffon. II would be cOnstitu-
tional to interfere with contracts sc
far as future importatiOns Of people are
concerned?
Mr.. Morgan. Oh, yes. That is cut OF
because the laws of the United States
prohibit it absolutely. 80
Mr.. Chiffon. That is right.
Mr.. Morgan. II is not only void act
but a criminal act under the policy
Of the United States
.ir. Chiffon. So. even II contracts ex
iHAFus my NOulA W AAltiAti Win -
that extent at least?
Mr.. Morgan. Oh, yes. AS this bill
leaves the laws of the United States anC
Hawaii no man has any more right L
import Japanese into Hawaii undel
contract than he has to import a Ger
man or a Frenchman into Maine Of
Massachusetts under contract TO labor
Mr.. Spooner That statement thinl
is true, but that follows from the bill
IL does not follow from the amendmen
offered by the Senator from Massa
chusetts.
Mr. Morgan. / think the amendment
of the Senator from Massachusetts
goes very much further and seeks L
! make a Congressional invalidation o
contracts for personal service held II
those islands.
L Mr. Spooner. II the Senator will per
! nat me. the amendment provides tina
2 no proceeding shall be maintained spe
= officially 10 enforce any contract here
D tofore or hereafter entered into for per
5 lsonal service or TO criminally punisl
I aviClaJion thereof. That is the amend
7 ment.
2 Mr.. Morgan. The repeal OF the stat
p utes on that subject In Hawaii and tn
D introduction of the laws of the Unite
D STAGES cover the whole case absolutel.
2 and make the amendment unnecessary
e Mr. SpoOner. ! am speaking OK tina
> amendment.
z NJ. Morgan. think the amendmen
Z in the language in which IL is cOuchol
r is a dangerous one to personal right
and private interests there that ar
S Legitimate. But do not care TO sto
[ the course Of my argument upon thi
a matter to enlarge upon that point
a am addressing myself entirely to II
: lquestiOn of the judiciary.
: Mr.. Spooner. beg the Senator's par
n don for interrupting him.
e Mr.. Morgan. But in regard to the en-
g fOrcement of the law restricting immi
/. grafton from China and restricting Ia
!, Dor contract immigration from Japa
/ and India or Australia or anywher
T else. ought there not to be in the Isl
T ands Of Hawaii Jurisdiction that ha
o unquestionablep power 10 deal with tina
i Question? Now, the jurisdiction that
a D. a Of ffr