Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-05-15

he rendered against him in any action
either at common law or under stat
ute for cntlcing. inducing or persuad.
ing labCrers from their employers or
| for inducing laborcrs to break their
contract Of employment.
Third: He shall pay an annual H.
Censc fee of Five Hundred Dollars
, tS5O00O).
Every such license shall be issued
subject to all rules, regulations, con.
ditions and restrictions which may be
subsequently imposed by law
Section o. Any person who shall
engage In business as an cmigrant
agent, without first obtaining a license
as in this Act provided. or who shall
violate any provision of this Act, shall
be guilty of q misdemcanor, and upon
conviction shall forfeit his license. IL
he has one, and shall he punished by a
fine not exceeding One Thousand Dol.
lars tsl00O.O0) or by Imprisonment for
not more than one year, or by both
such fine and Imprisonment"
Tho other sections of the statute i'm.
pose restrictions and conditions upon
the business and operations of emf.
grant agents.
Section provides for the register.
ing in the office of the Treasurer of
the Territory of the name, age and ma.
tiorality Of each laborer recruited; the
name and address of the last employer
of such laborer. and certain other in
formation, and authorizes charge of
fifty cents for registering each name.
Section 4 provides that every emigrant
agent shall give bond In the sum of
one hundred dollars to each laborer
conditioned for the faithful perform
anCc of any contract or promise made
with or given to any laborer, a dupli-
cate original Of which to be filed In the
office of the Treasurer. Section for
bids the recruiting of any minor with
out the written consent OF his parents
or guardian, or, il the minor have no
parent or guardian, then of the attor-
ncy general Section 6 las amended
by Act SO, Laws Of l9lD, provides that
no emigrant agent shall induce, entice
or persuade, or attempt so to do, any
servant or laborer who shall have con-
tracted to serve his employer for a
specific length of time, to leave such
service for the purpose of leav-
ing the Territory without the con-
sent of the employer, nor shall he
aid or abet any such servant or labor
er in leaving said service and the Ter.
ritory without such consent. Section
provides that the sureties on any
bonds given under the provisions OF
the act shall justify as resident free
holders of the county and as worth in
real estate situate in the county the
amount of the bond over and above all
liabilities, and that such bonds shall
be subject to approval as to form and
sufIciency by the Treasurer. Section
s las amended by said Act S3), au-
thoriZes the Treasurer, in case OF any
breach of condition of any such bond,
to enforce such bond in any court of
competent jurisdiction for the use and
benefit OF the person injured by such
breach. Section 10 repeats Act 81 of
the Laws of 1905, except rs to rights
accrued Hereunder and acts done in
violation thereof And Section II re-
quires persons holding licenses under
the Act of 1905 to comply with the pro.
visions of this Act except that pay
| mcnt of the license fee shall not be
| required during the uneXpired term of
any license hold under the prior stat.
ute.
The validity of the statute Is assail-
| ed on the following grounds: iD That
F.! the license fee required by the statute
is wholly unreasonable, and, as an en-
ercisc of the police power is void he.
cause of its restrictive and prohibitory
character. 90 That the statute is In
conflict with the provisions Of Section
10 of the Organic Act, that no suit
shall he maintained for the specific
performance Of any contract for per.
sonal labor or service, and that no rem
cdy shall exist for the breach of any
such contract except civil suit for
damages for such breach. go That II
is In conflict with the interstate COM