Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-04-27
Jurist Takes Series of Judicial
WaIIops at Planters, Agents,
Governor, Territorial Law
and Other Things
WILL SEND COPY OF HIS
OPINIONS TO PRESIDENT ]
Hawaiian Statute Passed to
Protect Island Labor From
Raids of Alaska Packers
Comes in for Criticism


President Wilson's mail about 12
days from now will contain eommu-
nicaticn from Circuit Judge Z. 3, Stu
art in which Judge Stuart designates
Filipino labor in Hawaii as fpeon or
slave labor.
Further, he Ahands II to" the plant
ers and the labor recruiting agents for
the planters In vigorous terms. He
hoIds that the agents are more to
blame than the planters. ~
Further he takes judicial walIop
az Governor Pinkham, barking back
to the time when the governor was in
the employ Of the Hawaiian Sugar
Planters Association In the philip
pines.
Further, he delivers solar pleSus
blow al the territorial law which pro-
hlbits iabor-rccrultlna IN these islands
without proper license. This law
was passed by the legislature several
years ago when Alaska saImon-paek-
ers were trying to grab many hundred
laborers Of, the territory, sending
agents and q vessel here 70 get them.
Taking opportunity, through deci-
sion rendered in his court today over
the o. A. Steven case, Judge Stuart
scored the territorial laws regarding
labor in these islands, declaring that
planter must see the avs are fas;
bringing ruin to the most beautiful
spot on earth, and that If the laws
were put up to the planter for vote
he would signify his disapproyal Of
them
Though submitting to the agreement
made yesterday between opposing
counsel, whereby Steven, pleading
guilty 70 four charges, was to receive
a 500 fine in one charge, and 81 in
each Of the others, Judge Stuart de-
clared that he saw. no reason why this
should be done. He said he did not
approve of one case more than an
other. He made the fine in each case
q dollar, costs remitted.
In his decision the Judge entered
fully into the seriousness of the labor
question, dwelling upon the fact that
the introduction Of speonD labor has
driven the Hawaiians who once owned
the land out Of work.
The decision follows, in part:
In the above four cases, the parties
filed an agreement that defendant, up
on plea of guilty being entered, shall
be fined one dollar in each of the
three following cases, c. 6294. c. 6296
and c. e297, and the court shall remit
the costs in said cases. In the re-
manning case. c. 62s5, it is agreed that
upon plea OF guilty by defendant
he shall be fined one hundred dollars
therein. or course these fines are
made subject to the approval of the
corrt
In accordance with the agreement,
the defendant has withdrawn his plea |
OF not guilty in each case, and has
fled a plea of guilty in each case, so
that virtually all questions have been
taken away from the court.
AS to the legality of the law on |
which the informations are filed, when |
the cases were first brought to me by |
order of the first judge, refused the |
motion of the Territory to bind over |
witnesses to appear upon the trial, |
and without deciding the question | |
expressed an unfavorable impression |
as regards the law under which the /,
informations were filed, and asked |
that briefs be fled. Ny attention was
then called to the Craig case, 20 Haw. |
4S3. The opinion, being written by |
Chief Justice Robertson, holds these |
statutes to be constitutional.
Had the cases now before me gone |
to completed trial upon the plea OF
not guilty, this court would have been
placed In very trying position. II is |
my duty to follow the decisions of the I
court Of last resort In this territory. |
II is also my first duty, under my oath
Of office, TO abide by and support the
Constitution Of the United States.
On page 492 the chief justice says:
For many years past the s1cces.
sive governments of these islands !
have spent, and the present govern
ment is now spending. large sums of !
money for the purpose of attr acting /
hither desirable immigrants of the |
laboring and agricultural class. The !
material welfare and progress of this |
territory require an adequate supply /
of labor. Such supply can be obtained |
only from distant countries at heavy |
expense to our taxpayers The immi- I
grants, being generally impecunious
and sometimes very ignorant, finding
themselves among strangers in q |
strange country, are peculiarly sus.
ceptible to such glittering representa- |
tions as may be and perhaps often are,
held out by irresponsible labor agents. l
The legislature was cognizant of these
conditions, and being so was fully
justified in taking any lawful steps in
its power to protect the community,
the people in il, and our local indus
tries, from the incursicns of emigraut
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