The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-04-02

the immigrants themselves We're free
to reject any particular offer of EN-
ployment that might be made This
is all the information laid before this
Department as to the terms Of these
agreements. and upon such informa.
ton it is impossible to say that the
Immigrants came within the prohihi-
ton Of the act of 1885
There are several Federii decisions
to the effect that the contract under
such circumstances must be one haV-
ing the enforceable elements of a
binding contract. The rule is probably
more strongly stated in United states
v Edgar as Fed, 4D than i'm nay 9th
er case. In that case it is said:
A contract that is not enforceable
for the reason that it lacks some of
fine elements of valid agreement
such as mutual consent or a consider
alton is not a contract. Hence the
words contract or agreement as
used i'm the statute, must be held to
mean a complete contract; that is to
V.
sufficient consideration to perform
some kind of labor or service, to the
terms of which the parties have mutu-
ally assented.
I can not see how this contract
could have been enforced legally
against the immigrants. If they were
at liberty to reject any particular offer
Of employment that might be made,
their agreement to work for specified
| wages would seem to have been nuga-
| tory, and. in fact, meaningless. As is
| said by Thayer, Judge. in the case
lastly above cited: of the aliens had
| in fact landed in the United States
and had declined to work for the de-
PENDANT the latter could not, in my
| Judgment. have maintained an action
against them as for breach of con-
tracts in question, which is not clear
HIM" 1t seems to me that this is
equally true of the aliens in question.
A general promise to do work at a
specified rate Of compensation elf, in
deed such was the purport Of the con-
tracts in question, whic his not clear
amounted to nothing practical if it
were coupled with an express reser-
walton of the right to reject any par
ticular kind of employment which
might be offered to them. 1t amount
ed. in effect, to nothing mare tnan a
promise by the alien that he would
work for the wages mentioned If he
felt like It, when he found out what
was to be required of him: and, as we
are dealing with a highly penal stat
Ute, one in evident derogatiOn of com
mon rights, I have no hesitation in
saying that these aliens do not appear
to have been brought within the terms
of the law of 1885.
] am equally clear that if the act
of 1908 could be understood as author
izing the exclusion Of those aliens
whose INTRODUCTION to the country was
declared unlawful by section 4 of that
act, these aliens would have been la
BILE to exclusion, for it is quite clear
from the statements in decision No,
III that they did come in pursuance of
an offer and solicitation on the part of
Mr.. Watson but, as hereinbefore full
ly explained, I do not think the act of
1903 authorized the exclusion of the ali
ems mentioned in section of that act
in so far as that section widened the
scope of section l of the act of 1885.
It is proper for me to say that if
the laborers in question had been COW
cred by the terms of the act of 1885,
the fact that Mr.. Watson was pub
lie officer of the State of South Caro-
lima and acted, or professed to act, in
pursuance of the authority conferred
upon him by the law of that State
above quoted, would not have author
lied the introduction of the aliens. In
the first place, under the facts stated,
in paying the passage money he APP
parently did not act as commissioners
for South Carolina, his duties as com
missioner including only the dissem-
ination of information and work of
like character, but under the permits
sion given by the South Carolina stat
ute to act extraordinarily, as it We're
as the agent of the citizens of the
State who might contribute funds for
the expenses of bringing over immi-
grants, and the passage money Of the
immigrants must undoubtedly have
been paid, in large part, if not entire
ly, out of the 5000 subscribed by She
citizens of the State and not from the
$4,000 expense money furnished by the
state, which probably paid the com.
missioner's salary.
But even if he had acted entirely as
commissioner for the State and PAID
the money out of the State treasury
the result would apparently be the
same. Only one exception is made ir
the contract labor acts in favor OF
States, that is the one contained il
the act of 1891, and section Of the ac
of 1903 in reference to advertisements
printed and published in foreign ccun.
tries stating the inducements they Of
p fer for immigration. Under the stat
utes general advertisements of this
| pharactar inserted Inv tha Gtatae ~,