The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-08-07
PUBLIC WORK
FOR NO JAP


ment at Washington is to the effect that
the Hawaiian Contract Labor Law is
not in contravention of the treaty rights
of the Japanese, and consequently the
officials here will continue its enforce.
ment. The opinion came in the follow
ing letter, received by Governor Carter
in his mail on the last steamer:
Department of State,
Washington, July IL, 1906.
"His Excellency, the Governor of Ha-
wall, Honolulu.
"Sir: | have the honor to acknowl-
edge the receipt of your letter of the
10th ult., answering the Department g
telegram of March 1st, last, regarding
the complaint of the Japanese Legation
that the enforcement of the act of the
Hawaiian Legislature, No. 81, of April
%, 1908, to regulate the employment of
labor on public works in Hawaii affect
prejudicially the interests of japanese
subjects in Hawaii,
Gin reply, have the honor to say
that the Department, after careful con
sideration, is of the opinion that the law
Of the Territory of Hawaii in question
Is not in contravention of our treaty
OF commerce and navigation with ia
pan, negotiated in 1894.
"The duty of passing upon the con-
stitutional questions involved is not con-
fined to this Department. The Depart.
ment, as at present advised, however, is
Of the opinion that the statute does not
come within any of the inhibitions of
the Federal Constitution, and has indi-
Gated this opinion to the Attorney Gen
eral in transmitting the papers in the
case to the Department of Justice.
Gas to the questions of policy and
expediency involved, this Department
expresses no opinion.
81 have the honor to be, sir, your
obedient servant.
(Signed) "ROBERT BACON,
Acting Secretary
The statute in question is that passed
by the Legislature of 1908 providing
that no aliens should DE given employ
ment on contract work done for the Ter
ritorial Government. There was con.
siderable opposition to it among the
local Japanese, and the Consul finally
took the matter up and made reference
Of it to the Japanese Legation in Wash
ington. The japanese Legation carried
the matter to the State Department,
and that DEPARTING mt sent the complaint
to Governor Carter with request for
IN explanation of the law.
In framing his reply to the Washing
.on people, the Governor went largely
INTO the matter of international law and
reaty rights. Citizenship, the Governor
lrgued, was a question of sovereignty
'ntirely. The sovereign of state and
'nly the sovereign, was the Judge as to
low far such rights should be extended
u ioiciBheio, anu ho suDJcCt VI any |
ther government had the right to com
lain as to any limitations made. Since
he American people were sovereign
his right in the United States lay with
he people.
The treaty of commerce and naviga-
ion with japan, the Governor urged,
ad not in any way been violated in
laval. The Japanese here could not
omplain that they were not perfectly
rec to travel and trade as they liked.
he matter of contracts involved
roperty right, and there was no guar
ltee of property rights of this class !
the treaty. {
Evidently, the State Department has q
zen impressed with the legal showing :
ade by the Governor, and has ruled :,
And SO, until the point is
'cided by the courts--if the law should
'er be- carried there-Japanese will
ntinue not to be employed on govern
ent contract work. And even if it :
ould be carried to the courts, there is ::
assurance that the right to restrict
ch work to citizen laborers will he
set. a