The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-06-29
THE CHINESE DEPOSITS
DOLE SAYS THEY MAY BE
USED
The Sum of $235,OOO Available for the
Government - Chinese Depositors
Calling for 1t Very Slowly.

Attorney General Dole has rendered
an opinion to the effect that the mon,
received by the Republic of Hawaii or
deposits from Chinese immigrants
coming here, amounting to $235 900. NAV
be used by the territorial government
for general purposes.
The opinion quotes at length the
laws under which the Chinese were al
lowed to come here. They entered into
contract of which the following is
partial English translation, such
contract having been provided for by
statue:
The said.,...is allowed to enter the
Republic of Hawaii solely on condition
that While in the Hawaiian Islands he
Will engage in no trading or mechanic
cal occupation, or other occupation
other than domestic service, or agricul-
tural labor in the field, or in rice OF
sugar mills; and that he will when
ever he shall cease to follow his voca-
ton as agricultural laborer in the field,
or in sugar or rice mills, or as a dome
site servant, depart from the Hawai-
ian Islands; and that for every breach
of such condition he shall, on convic-
ton by any police or District Justice.
be liable to a fine of one hundred dol
lars. And upon the further condition
that at the end of each month the sum
of one dollar and fifty cents shall be
paid by him to the Board of Immigra-
ton, in such manner and subject to
such regulations as said Board shall
direct until such payments amount to
the sum of $36, which sum is to be an
piled by the Board of Immigration
toward the payment of his return
passage money at the time that he de-
sires to return to China"
Regarding the authority to make
NN,1l, Il.
territory in the matter as successor to
the Republic. the attorney general
says: The Hawaiian Islands were an
independent nation when the statutes
were enacted and as long thereafter
as Chinese immigration continued I'M
der their authority.
Every indeuendent nation, unless
restrained by treaty obligations, has an
UNREASONABLE right to prescribe the
conditions upon which aliens are per-
mitted to enter it's territory"
The organic acts provision for re-
gisterir~ the Chinese does not effect
the contract, says the attorneys general
and the Chinese are still entitled to
have their return passage paid, within
the terms of the contract. The postal
savings bank provisions are also re-
ferred to in the opinion. The organic
act repealed Hawaiian postal bank
laws anu bIutItu lilt money Ill Sutn
bank Of which the $235,O00 was apart.
paid to those entitled to receive it, The
attorney general says it is not to be
presumed that Congress intended to
abrogate contracts which We're valid
when made.
The opinion says: $50 few Cinnamon
are returning home that these deposits
are, at the present time, being with
drawn at the rate of only about one
thousand dollars a year"
The money in the Savings Bank WIS
intended as shown by Hawaiian sta
tutes, for use by the government:
Upon the winding up of the p atal
Savings Bank immigration derpsits,
amounting to about 1926, 900. were de-
posted in a private bank. The Terri
tory has succeeded to the rights, obi
cations and liabilities of the late Re
public in the premises; yet a private
bank, not the Territory, enjoys the gra-
tuitous use of this large sum. The
Territory, with a contingent liability
for the principal, and probably for the
interest thereon receives nothing, and,
as matter of law, guarantees the
of the bank to the extent of its
to these Chinese depositors
Il think that the Territory is legal
ly entitled to use this money the same
as during the existence of the Postal
Savings Bank the treasurer, of course
always keeping a sufficient amount on
hand to meet the obligations of the
Territory to Cinnamon returning
homo