The Hawaiian gazette., 1911-04-18
FILE ANSWER TO
CRAIG'S PETITION
HIS ARRESTS DEFENDED AND
uNooNsTrTurIoNALIrY
DENIED.
anon snnaay . AdrertIser.l

nhntAh corpus AoA tue ttAthHt VI AuNuA /
Agent Frank b. Craig was fled in the
supreme court yesterday by Kinney,
Ballon, Prosser & Anderson, on behalf |
Of Sheriff Jarrett. The main points ad.
vaneed by the attorneys for Craig In
their contentious Of the unconstitution.
atty Of the law are fatty denied in the
answer, while in answer to the state
ment that the law under which Craig
was arrested was contrary to section
10 of the Organic Act, the respondent
claims that Craig is not properly in
position to ask for relief on that point,
''That said Frank B. Craig is not
contract laborer, nor has he entered into
any contract for personal labor or serv-
ices in any way Involved in these pro-
ceedings, nor is he otherwise entitled
to complain of the alleged invalidity Of
said act AS in this respect, but that
said Frank b. Craig is n resident Of the
State of California, who came tempo
rarily to this Territory on March 3,
! 1911, to secure laborers to work in
Alaska for the Alaska Canneries Com
pany, corporation having large capital
and property, and operating a number
of salmon cannerics in Alaska and else
where, and has since that date' been
continuously engaged in the City and
County of Honolulu and elsewhere in
this Territory in recruiting laborers
and in conducting the. business of an
emigrant agent, as defined in said act. I"
And further: ''That no person who
has entered into a cor trPct Or personal
labor or service has complained in court
of the alleged invalidity of said act 4s
for the reasons alleged, nor is there any
remedy sought to be enforced for breach
of any such contract in connection with
these proceedings"
The answer then takes mp the various
sections of the Constitution which the
petition claimed were violated by the
new law, and either denies them with
out comment or does so explaining the
relation between the two. The charges
that it is ex post facto, that it abridges
the freedom of speech or press, that it
creates an involuntary servitude among
the laboripg classes and that it denies
persons in the Territory the equal rights
of the law. etc, are among those which
are denied fatty.
Regarding the other points raised,
however, the return is more elaborate.
in discussing Che general charge of class
"That said Act is not class logisla-
tion and does not discriminate arbi.
trarily and without reasonable basis,
but on the contrary this petitioner al.
leges that the facts hereinafter set
forth furnish a reasonable basis
, for the enactment of said Act 4s, this
respondent alleging, however, thrt said
Frank B. Craig being held on charge
, of acting as an emigrant agent with
/ out license is entitled to complain, il
! at all, only of the conditions upon
, which said license may be obtained
+ under said Act, and is not entitled in
this proceeding to complain of the al
legged unreasonableness of any restric
tions or condition which may be i'm
posed upon the doing of business BY
!. emigrant agents who have licenses
0 The facts alleged by this respondent al
S forming reasonable basis for the
r enactment of said Act 4s' are as fol
h lows:
"That the Territory of Hawaii ha,
agricultural resources in excess of ii
d available supply of labor. That Their,
a is already invested in agricultural pur
T suits within said Territory upwards o,
: seventy-fve million dollars worth O.
d capital devoted to the raising Of suga
+ cane and manufacture of raw suga
: and like industries. That tn
s available supply of labor is insu ficien
6 to meet the requirements of these vari
GUS agricultural industries, togethe
with the requirements of the incidenta
and other legitimate occupations of tn
citizens of this Territory. That tn
raising of sugar cane in particular re
quires continuous work of agriculture
i laborers throughout the year, and tina
j any considerable diminution of tn
number of laborers engaged would re
suit in irreparable injury in a YER
short time not only to said sugar in
Z dustry but to all industrial enterprise
L and all other business and financial in
Il terests of this Territory That tn
security of the capital already invested
: as well as the future development o
this Territory, requires the securin
- from places outside of this Territory o
= a large number of laborers.
"That the Territory of Hawaii
y geographically situated over two thou
y sand miles from the nearest land. {
- wit, the Pacific Coast of the Unite
y States That said Pacific Coast is nc
- available as a source of labor for thi
" Territory, and that the nearest avail
y able sources of labor supply for thi
y Territory are the Philippine ISLANDS
= the island of Porto Rico and Continen
ic of Europe, together with the island
adjacent to said continent. That ov
70 ing TO the distances involved and othe
rs conditions the cost of getting laborei
.. TO come to the Territory of Hawa
u averages over one hundred dollars p6
10 man. That the average annual yalu
a. to the Industries of the Territory q
Q, Hawaii of the services of each Lahore
Re- so brought is upwards of one hundre
III dollars.
"That the Territory of Hawa
through its duly organized Board {
immigration is and for many yeors lai
~ past has been continuously endeavO
~ ing to bring immigrants Of the labo
n ing class to the Territory
a and that large amounts of money al
n annually raised and expended for sal
~ purpose.
"a "That the Hawaiian Sugar Planter
- Association, voluntary association
- corporations engaged in raising snga
- also expends large sums Of money a
4. m