Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-03-05


excite or occasion. offense, or" Co
what is obviously and directly
injurious to another"
Among the. instances given in the
statute Is "a confederacy to commit
murder, robbery. theft. burglary or
any other offense provided for in the
criminal code" including. among
other examples, "to prevent another,
by Indirect ana sinister means. from
exercising his trade. and to impov-
erish him."
The charge against the defendants
is sustainable by evidence that they
combined or mutually undertook or
concerted together to do any one or
more of the things charged as the
subject of their mutual undertaking,
each OF which is unlawful, and as It
includes an undertaking to do "a
wrong or injury to any person or
persons or to the public (Sec.
2703 r. L.) malice could be inferr-
ed from the nature of the contem-
plated wrong. Combining or mutu-
ally undertaking to do things in
ways which may expose the confed-
crates to the penalties of law is not
usually done in the presence Of wit
nesses or shown except by the con-
duct of the parties and by circum-
stantial evidence from which the
mutual undertaking or combination
or concerning together is inferred.
Roscoe's Grim. Ev., 6 Ed. $50. 3S5.
This is SO generally acknowledged
to be the law upon the subject that
1t is needless to cite decisions to that
effect.
The following facts appear or
could be inferred from the evidence,
namely: The defendant Negoro, af-
ter returning in May. 1908. from
studies at the University ,of Califor-
mia and occupying himself in writ
Ing for the press. prepared in Sep
TENDER of that year plan for get
ting higher wages for those Japan
ese plantation laborers who worked
by the month for japanese who had
planting contracts. Sheba, editor of
the japanese newspaper, the Hawaii
Shinpo of Honolulu, declined to pub
fish the article on the ground that
1t was an inopportune time to stir
up agitation on tho subject among
the laborers and that It would be
better to make an effort to induce
the planters themselves to advanc,
the wages OF this class of labor after
certain question affecting Cuban SUI
gar and japanese immigration Were
disposed Of. Negoro believed. how
ever. that the time had come to
arouse Japanese on the subject and
that 1t was not fair that the con-
tractors only were doing well or that
obtain good wages for efficiency. but
! chat all should receive n higher
monthly wage, requiring Of course
a higher wage for contractors as
well. The object Of Negoro appears
| to have been to arouse discomfort
among laborers employed by con-
tractors and then persuade them tc
demand and insist upon an increase
of wages. Being unable to induce
Sheba to publish his article he got
1t published in the Nippu Jill, Ho-
nolulu newspaper edited by the de-
PENDANT Sega, the defendants Tasaka
and Negoro. according to one witness
for the prosecution, although denied
by them, being then or later on as
sistant editors.
| The article, entitled How about
the Higher Wages" published In tbs
Nippu Jill of July 81. 1908, begins,
| Eve regret, that the wages In Hd-
wall are disproportionally low In
comparison with the large profits,
and presents an argument why the
japanese government should inter
pbse. "for the japanese Government;
Is well aware that Its subjects are
not born to be slaves Of the capita
lists OF Hawaii" saying: Cane con-
tractors (Japanese) are making pro-
fits and large number Of them 'are
returning to Japan. thus diminishing
the number OF laborers.' The pro
hiblt!on of immigration to Hawaii,
says the article, "Is an act silent,
demanding higher wages and we ell
Gorse it," adding: 1.-THE japanese
laborors who are placed in the posi-
lion of slaves by reason of the pro
hlbition of immigration to Americ'
do not have courage to ask for high
or wages" then going on to urg'
that the Japanese Government, TAX
ing great courage itself. should re
quest the American Government L
dissolve the prohibition OF emigra
ton OF Hawaiian Japanese to thu
| Mainland. The time is ripe. Thoug'
the Hawaiian immigrants do not sa.
It In so many words. 1t is their hop
of years and their silent prayer tina
they recover the lost liberty o
choosing and changing their plac
Of abode. and become full fedge
man and TO be IN position to ca
just reward for their labor"
But there is evidence that Ne
goro's plan soon assumed n som