Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-05-15
OPINION or THE COURT BY ROB.
ERTSON. CT.

The petitioner Frank n. Craig. cit.
lien of the United States. was arrest.
ed and inCarCCratCd nj the police sta.
ton, at Honolulu by the sheriff of
the city and County Of Honolulu nur.
suant to warrant Of arrest issued by
the district magistrate of Honolulu. on
the 9TH day Of April, 1911. The war.
rant was based upon sworn complaint
which charged that the petitioner and
one j. G.. Bell. on the 9Th day of April.
A. d. 1911, did unlawrully engage in
soliciting, inducing, procuring and hir.
ing laborers to so beyond the Terri
tory of Hawaii, and did then and there
act as emigrant agents i'm that at the
time aforesaid and place aforesaid,
they, the said Frank Il. Craig and J.
c. Bell, did engage in soliciting. Undue.
ing, procuring and hiring certain la.
borcrs. residents of Honolulu aforc.
said, more than thirty in number but
whose names are to dcponcnt nm.
known, to go beyond said limits of the
Territory of Hawaii, without obtaining
a license so to do as by law provided
and required, then and there and there.
by violating Section of Act as of the
Session Laws of 1871 of the Territory
of Hawaii"
The petitioner applied for a writ of
haheas corpus. and the same was is.
sued and made rcturnable before this
court. by certain oral rulings made
In open court certain allegations con.
tanned In the respondents return and
certain other allegations contained in
the petitioners answer to that return
were struck out on the ground that
they were mere conclusions of law or
otherwise immaterial. That the peti.
toner was arrested and imprisoned
pursuant to the warrant, as alleged, is
admitted The questions presented for
determination are whether. on any of
the grounds advanced by counsel for
the petitioner, the statute Is invalid
and, as to some of those grounds, whe.
Their the petitioner is i'm position 10
urge them.
The first. second and ninth sections
Of Act IS, of the Session Laws Of 1911,
read as follows:
Section !. Any person who individ.
ually or acting through or for another
or others. is engaged in soliciting. in.
ducing. procuring or in hiring laborcrs
To go beyond the limits of the Terri.
tory of Hawaii, whether under promise
of employment or otherwise, shall be
deemed an cmigrant agent within the
meaning of this Act
Section 2. No person shall engage
in business as an cmigrant agent with.
out first obtaining license from the
Treasurer of each county or city and
county In which such business Is en-
tered into or carried on. No such "
Ccnse shall be Issued until the appli
cant therefor shall have complied witt
the following conditions:
First: lie shall file with said
Treasurer a sworn statement Of the
person or persons employing him and
the place to which It Is proposed that
laborcrs shall be sent or taken and OF
the nature. terms and conditions Of the
employment or inducements 10 be Civ
en- labOrers he may recruit.
Second: lie shall file with said
Treasurer bond In the penal sum of
twenty-five Thousand Dollars lS25..
00O.00) running TO said Treasurer and
his SUCCESSORS in office conditioned
that he will in all respects comply with
the provisions of this Act and that he
will satisfy any judgments which may