The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-05-15

puDllShel. 4 statute must be assumed
10 be valid until some one complains
whose rights it invades. Though it
may be said that an unconditional
statute must be wholly void, yet it is
well settled that the objection Of I'M
consttutonality will be listened to
only when it is made by one having
legal interest in defeating the statute
Protection Of Industry.
1T would seem to be beyond the
reach of successful argument to the
contrary that the business in ques-
ton is one which may very properly
be subjected to careful, precise and
reasonable regulation. For many
years past the successive govern
ments Of these Islands have spent,
and the present government is now
spending, large sums of money for
the purpose of aNracting hither de-
sirable immigrants of the ,aboring
and agricultural class The material
welfare and progress of this Terri
tory requires an adequate supply Of
labor. Such supply can be obtained
only from distant countries at heavy
expense to our taxpayers. The inn
migrants, being generany impecun-
ious and sometimes very ignorant,
finding themselves among strangers
in strange country, are peculiarly
susceptible to such glittering repre-,
sensations as may be, and PERHAPS
often are, held out by irresponsible
labor agents. The legislature was
cognizant of these conditions, and
being so, was fully justified in taking
any lawful steps in it's power to pro-
tect the community, the people in 1t,
and our local industries, from the in
cursions of emigrant agents. These
agents oftentimes are not prepared,
and sometimes do not intend to full
fill the promises which they make to
those whom they persuade to leave
their present employment and go
elsewhere. The dictates of selfpres.
ervation as well as a proper regard
for the welfare of unwary and easily
led persons of the laboring class
would suffice to impel the legislature
to defensive action Without recapit-
ulating the various amendments Of
Section of Act As, which are i'm
posed as prerequisites to the obtain
ing of a license, we hold that they
are reasonable requirements and
within the discretion of the legisla-
ture to prescribe.
No Restriction on Freedom.
Counsel for the petitioner con
tend that this statute was not in
tended as police enactment for reg
ulation, but was in really passed for
the purpose of preventing free egress
of laborers out of the Territory.
This contention cannot be sustained.
The statute places no impediments
upon the emigration of laborers. The
conditions briefly referred to above
furnish. in our judgment, sufficient
basis for the regulation of the bust
ness in question. Furthermore,
granting that the business is one
which may lawfully be taxed or reg
ulated, the motive that prompted the
legislature to act is beyond the reach
of the courts"
The court holds against the con,
tention that the statute is in conflict
with the interstate commerce CLAUSE
of the constitution, also agains the
contention that the business of emf
grant agent was the same thing as
that of employment or intelligence
agent, saying, "the difference is thai
between the hiring of laborefs tc
leave the Territory and the hiring Of
such to work within the Territory,
and then recapitulates it's reasoning
that "the business of an emigran
agent, especially in view of the labor
conditions as they exist in this Ter
ritory, clearly justifies proper regu
lation." zsWa ~
Question Unanswered.
In conclusion the court makes this
deliverance upon the applicability D
the Fourteenth Amendment of the
Constitution, which says mo state
shall make or enforce any law which
shall abridge the privileges or immu
mites of citizens of the United
States; nor shall any state deprive
any person of life, liberty or prop
erty, without due process of law; MOI
deny to any person within its juris
diction the equal protection of thu
laws"-to the territories:
an considering the questions pre-
scented in connection with the Four
teenth Amendment we are not to b.
understood as deciding that tn,