The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-08-04
PUBLIC WORK
FOR No JAP
State Department Up
holds Citizen Con-
tract Labor Law.

An opinion from the State Depart
the Hawaiian Contract Labor Law is
not in contravention of the treaty rights
of the Japanese, and consequently the
officials here viii 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 II, 1906.
fEHis Excellency, the Governor of Ha-
waii, Honolulu.
'ESir: / have the honor to acknowl-
edge the receipt of your letter of the
18th ult., answering the Department s
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.
"In reply, I 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
1'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.
ssI have the honor to be, sir, your
obedient servant.
(SIgned) - ROBERI BAtON,
.Acting Secretary
The statute in question is that passed
10y the Legislature of 1903 providing
that no aliens should be given employ
snent on contract work done for the Ter
ritorial Government. There was con-
siderable opposition to it among the
2ocal 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, !
to Governor Carter with a request for
an explanation of the law
In framing his reply to the Washing |
ton people, the Governor went largely |
into the matter of international law and I
treaty rights. Citizenship, the Governor
argued, was a question of sovereignty /
entirely The sovereign of a state and .
only the sovereign, was the judge as to
how far such rights should be extended
to foreigners, and no subject of any
other government had the right to com
plain as to any limitations made. Since
the American people Were sovereign,
this right in the United States lay with
the people.
The treaty of commerce and naviga-
ton with Japan, the Governor urged,
had not in any way been violated III
Hawaii. The japanese here could not
complain that they Were not perfectly |
free to travel and trade as they liked
The matter of contracts involved
property right, and there was no guar
antee of property rights of this class
n the treaty.
Evidently, the State Department has
,een impressed with the legal showing
made by the Governor, and has ruled
accordingly. And so, until the point IS
ecided by the courts-if the law should
yer be carried there-Japanese will
ontinue not to be employed on govern
nent contract work And even II 1t
houId be carried to the courts, there IS :
10 assurance that the right to restrict
ucb work to citizen laborers viii be
pset.