Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-15
ATTORNEY.
GIVES OPINIONS
CONTINUED from Page IL

On tne question OF the NUMBER OF leDerS
on the Mainland, the former placing 1t
at 100 and the latter saying he doubted
the accuracy OF the statement. The
question was brought about by the re-
marks of the witness on Hawaii being
the only place where segregation was
enforced. Senator Burton pointed out
that the Mainland with a population
OF S0,000,000 only had 100 lepers while
Hawaii with only 10000 had almost a
thousand. The witness said there was
not one physician out OF twenty on the
Mainland who knew anything about
leprosy. However, he nnaiiy agreed
with Senator Burton that there was
no comparison from a standpoint OF
proportion.
W. o. Smith on Settlement.
w. o Smith was called upon to make
statement regarding conditions at
the settlement. He stated that very
few children we're born 70 leprous pa
rents and 1t was very rare to find
case of child born of such parents.
contracting leprosy. For twenty years
back, 1t could be shown by statistics
that not as many as one out OF hun
dred of the girls mad contracted the
disease. The matter of the marriage
relation had always been a very diff
cult one from the time of the establish
ment of the settlement in 1864. The
witness then went on to tell OF the
homes for the boys and girls and the
conduct Of these by cnaritably inclined
persons.
Senator Mitchell here asked to be
excused anu Senator Burton took the
chair.
Replies to. Humphreys.
The witness here took up the yorious
statements by Judge Humphreys, re.
ferring first to his Relationship with
the Governor, Of whom he was an ar.
pointee. He referred q the inc!1eE.
Of several years ago, when he was pn
dorsed by members of the Iabinet,
the judges OF the Supre ne Court and
representatives Of the bar for the posi-.
ton of Attorney General. Twice had
the Governor been appealed to to ap-
point him and twice he had answered:
II will not appoint a relative"
After II. L. Cooper had resigned as
Attorney General, the Governor had
approached him and said: Ned, |
have made up my mind not to allow
relationship to stand in the way. viii
you be Attorney General?"
Witness stated that he had answer.
Ia, he hut had In iG Tod
that he be relieved from taking the
presidency of the Board of Health.
Judge Humphreys had stated that he
ana the Governor ran the government.
OF course, there was no truth in this.
He and the Governor often had occa.
sion to differ and when he differed, he
always said so frankly. So much for
the relationship matter.
Contract Labor Law.
The witness here went into the con.
tract labor law and referred to the
Honomu case which Judge Humphreys
had referred to. The Supreme Court
in the Republic VS.. Edwards had rem
dered an opinion that the Fifth and
Sixth Amendments did not extend to
insular possessions. II had been de,
cided by the Supreme Court of the
United States that the Thirteenth
Amendment went with the flag. There
was no question that the Supreme
Court decision on the matter OF the
amendments was bad law, but the re-
suit was right The witness believed
the decision had been inadvertent
Here witness went into a discussion OF
the constitutions OF 1870 and 1852
showing that there was in these the
provision OF freedom, life, liberty, etc
This had been the same with all con
stitutions to the present time, and
twelve years previous to the abolition
Of slavery in the United States, there
was a clause in the Hawaiian consti
tuition prohibiting II.
Was No Slavery.
The mistake the Supreme Court OF
the Territory made was in not coming
out and saying that slavery existed
The contract labor system of the Ter
ritory at the time was virtually the
same thing as the employment OF meI
In the merchant marine Of the United
States. II 1t were said slavery existed
here. then every sailor on an Ameri
can ship today was a slave. Certain
ly, the contract labor system was not
ideal, but 1t certainly was not slavery
Denixation.
Continuing, the witness referred t.
statements by Judge Humphreys as tt
prominent persons who had LIVED
here for twenty, thirty and forty years
but who had never become citizens
The statement was undoubtedly cor
rect to large extent, but 1t should b'
remembered that up to the time of an
} hexation there had been In the coun
try what was known as denization.
Here witness referred to Justice Sto
rey who, in passing through here at I
time when the nation was cropping III
. way up TO Anglo.Saxon civilization
was asked by Kamehameha III. to re
main here. He lived and died herr
and was to Hawaii in Jurisprudence
l.l- I'll a..