The Hawaiian gazette., 1916-04-28
TERRITORIAL LAW 4
|. Regarding LABOR
TERMED 'PEONAGE'
Judge Stuart Lets Steven OFT
With Nominal Fine and Airs
.. His Views -
IURIST SAYS FILIPlN0S e,...' /.
DlSPLACING HAWAllANS.
p ~. ~ ECaf. - at s-sa = tt
Sends Copy OF Judgement Entries
To President Wilson, But
Why Says Not ~ r..

"Had the eases now before me gone
to completed trial upon the plea Of
not guilty, this court wuold have been
placed in a Sery trying position is
the Admission tirruit Judge stuart
makes in his judgement entries SEN
fencing o. A. Steven to pay ine of
one dollar in each of four criminal
charges to which Steven pleaded guilty
and RENTING the costs of court. !.
One of the cases that charging Steven
with acting as labor recruiting agent
without paying the license required
by the TERRITORY, was partially tried,
but brought to sudden close when
Steven asked to change his former
plea Of not guilty to one Of guilty.
Steven took the same step in each Of
the other three cases, in which he was
charged with enticing plantation labor.
! ers to leave their employment in the
Territory and go without to seek ems
ployment elsewhere. ...ll
Pleas Of Guilty Change Aspect 4 &
"Tn the above four cases, the par.
ties filed an agreement that defend,
ant, upon plea OF guilty being entered,
shall be fined one dollar in each Of
the three following cases, c. 1894, G..
6296, and c, 6297, and the court shall
remit the costs in said cases. In the
! remaining case, {. 6295, it is. agreed
that upon plea of guilty by defendant,
that he shall be. fined one hundred dol.
lars 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the defendant has withdrawn his plea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 guiltyih' each case, and has
filed a plea of guilty in each case, so
that virtually all questions have been
taken AWAY from the court.
Peonage Statutes
"Years ago, there was a statute un.
der which contract laborers on planta-
tions were held criminally for any VIC
lation of their contracts, and compelled
to work out fines. In short, it was moth
ing but slavery or continuous involun-
tary servitude. That statute became so
obnoxious to the United States, that it
was abandoned. BY the Organic Act,
Section 10, it was proyided: ."
'''Tbat no suit or proceeding shall
be maintained for the specific perform,
ance of any contract heretofore or here
after entered into for personal labor or
service, nor shall any remedy exist or
be enforced for breach, of any such con,
tract, except in civil suit or proceed
ing instituted solely to recover damages
for such. breach. = .r..,.
at will not be claimed that any
criminal proceeding would be allow
able against the Filipinos violating
their contracts, which were employed
by the defendant; but the theory is that
the Territory may do indirectly what it
cannot do directly, and punish the man
! criminallv who employs the Filipino
when it, cannot punish the Filipino. |
cannot believe this. There were con
stitmionaI' provisions, supporting the
majority opinion, in, the bred Scott
case; case that directly furnished
cause for the great Civil War in the
United States; hut the trend is entire,
" the. Other way in the Craig case,
| think the craig case is more destruc-
tive of the personal liberty Of an Amer,
lean citizen than the bred Scott case.
Argument Unsatisfactory
"The argument used that the right
exists to go to foreign lands and EN-
ply there cheap labor, which in turn
drives the Hawaiian from the planta
tions, is not satisfactory. The result
of such employment. has been further
demonstrated in the virtual prohibit.
,,T hn n,,,,inn m fen.,, n,ni,,
land of United States citizens to Ha.
wall. g.. -
"Much is said against the planters
on account of these laws that | do not
think is iustitial le. l am inclined to
think that upon direct vote of the
planters alone they would disapprove
Of these laws. II is the agents who
are working for the planters and wish
to make a great showing of what they
are doing, who are the real authors of
these laws The planter must see that
the laws are fast bringing ruin to the
most Beautiful spot on earth.
Fine Shows Courts Feelings
~ have thought it necessary to say
this much in order that the court )
position might not be mistaken in rem
heflhS Jphgcheht dgdlhsp the uclth'l'
ant in accordance with this agreement.
| can see no reason why three of these
cases should have one dollar fine and
one of them should have a hundred
dollar fine, unless it is to carry the i'm
preston that the court especially APP
proves of that case, which do not
The fine in each case will be one
Dollar; the costs in each case will be
RENTED AZ per the agreement on file.
"a copy Of this decision will be to
day sent to the President of the United
states. ,..,.
THE FRITZ, REASON