Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-04-27
JUDGE STUART IN
STEVEN CASE HITS
AT 4SLAvE LABOR
JuriSt Takes Series of Judicial
WalIops 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 ~
days from now will contain commu-
nieation from Circuit Judge T. q. Stu
art In which Judge Stuart designates
Filipino labor In Hawaii as "peon or
slave" labor.
Further, he "hands Il tor the plant
ere and the labor recruiting agents for
the planters In vigorous terms. He
holds that the agents are more to
blame Than the planters.
Further, he takes q judicial wallop
st Governor Pinkham, barking back
20 the time when the governor was In
the employ Of the Hawaiian Sugar
Planters Association in the Philip
pines.
Further, he delivers solar piexus
blow at the territorial law which pro-
hibits isbor-recruiting In these islands
without q proper license. This law
was passed by the legislature several
years ago when Alaska salmon-paek-
ers were trying 10 grab many hundred
iaborers Of the territory, sending
agents and vessel here 10 get them.
Taking opportunity, through a 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 fast
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 to four charges, was to receive
q 800 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 ''peon" 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. c297, and the court shall remit |
the costs In said cases. In the re-
naming case, @. 6295, 1t is agreed that |
upon plea OF guilty by defendant |!
he shall be fined one hundred dollars /
therein. OF course these fines are |
made subject to the approval of the |
court.
In accordance with the agreement, |
the defendant has withdrawn his plea |
of not guilty in each case, and has |
filed 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 unfayorable impression
as regards the law under which the /
that briefs be filed. My attention was 1
then called to the Craig case, 20 Haw.
4SS. The opinion, being written by |
Suicl JuSliCC hOD6TIcOll, uOluo JuCo6
statutes to be constitutional.
Had the cases now before me gone I
to completed trial upon the plea Of
not guilty, this court would have been
placed In q very trying position. II is
my duty TO follow the decisions Of the
court OF last resort in this territory. /
II 10 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 sacces
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-
grants, being generally impecunious
and sometimes very ignorant, finding
themselves among strangers in
strange country, are peculiarly sus.
ceptfble to such glittering representa-
tions 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 /
its power to protect the community,
the people in il, and our local indus
tries, from the incursions of emigrant |
Continued on page eight