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ACTS OF 1907.

Emigrant agents.

(Page 25.) SECTION 2. * * * The following specific taxes shall be levied Agents to be

taxed. and collected for each of said fiscal years :

Twelfth.-l'pon each emigrant agent, or employee or employees of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted.

This provision was embodied in the tax law of 1898, where it was held to be constitutional. 21 Sup. Ct. Rep. 128.

HAWAII.

ACTS OF U. S. CONGRESS, 1899–1900-ORGANIC ACT.

CHAPTER 339.—Contracts of employment-Alien labor. SECTION 10. * * * Provided, That no suit or proceedings

Specific pershall be maintained for the specific performance of any contract formance of la

bor contract. heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be in force for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided further, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant seamen. All contracts made since August twelfth, eighteen hundred and

Certain conninety-eight, by which persons are held for service for a definite tracts null. term, are hereby declared null and void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts. The act approved February twenty-six, eighteen hundred and

Alien con

tract labor. eighty-five, “ To prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," and the acts amendatory thereof and supplemental thereto, are hereby extended to and made applicable to the Territory of Hawaii.

[The act named is repealed and superseded by chapter 1134, Acts of 1906–7. See under United States, post. ]

Collection of statistics.

*

SECTION 76 (as amended by chapter 948, Acts of 1903-4). It shall be the duty of the United States Commissioner of Labor Statistics of to collect, assort, arrange, and present in reports, in nineteen hun- labor, etc. dred and five, and every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may by law direct. The said Commissioner is especially charged to ascertain the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress.

Registration of Chinese. SECTION 101. Chinese in the Hawaiian Islands when this act Certificates of takes effect may within one year thereafter obtain certificates of residence. residence as required by "An act to prohibit the coming of Chinese

persons into the United States," approved May fifth, eighteen hundred and ninety-two, as amended by an act approved November third, eighteen hundred and ninety-three, entitled "An act to amend an act entitled 'An act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two,” and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificate: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands.

Proviso.

ACTS OF U. S. CONGRESS, 1901-2.

CHAPTER 641.-Exclusion of Chinese laborer8.

[See under United States, Acts of 1901–2, post.]

REVISED LAWS-1905.

Employment of labor on public works.

Semimonthly Section 120. The fifteenth and last days in each month shall be pay days.

the pay days of all employees engaged in constructing or repairing

roads, bridges or streets for the Territory of Hawaii. Aliens not to Sec. 121. No person shall be employed as a mechanic or laborer be employed.

upon any public work carried on by this Territory, or by any political subdivision thereof, whether the work is done by contract

or otherwise, unless such person is a citizen of the United States, Proviso. or eligible to become a citizen : Provided, however, That in the

event that unskilled citizen labor, or unskilled labor eligible to become citizen labor, can not be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled labor until such citizen, or eligible to become citizen, unskilled labor can be

obtained. Hours of la- SEC. 122 (as amended by act No. 11, Acts of 1907). Eight hours bor.

of actual service on any working-day, except on Saturday, on which day only five hours of actual service shall constitute a day's labor for all mechanics, laborers, clerks and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is

done by contract or otherwise. Contract. SEC. 123. A stipulation that no mechanics, clerks, laborers or

other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or person eligible to become a citizen, shall be employed, shall be contained in every contract to

which the Territory or any political subdivision thereof is a party. Penalty. SEC. 124. Any contractor, person, firm or corporation, or any

officer of the Territory, or of any political subdivision thereof, violating any of the provisions of sections 121-124, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. Any and each and every such violation shall be deemed a separate offense for each day thereof, and for each mechanic, clerk, laborer or other employee employed upon any public work, employed in violation of the provisions of said sections. Any contract or subcontract for any public work in this Territory that does not comply with the provisions of section 123 shall be absolutely void.

Tenement and lodging houses--Inspection, etc.

SECTION 1020. Every house or tenement used or occupied as a Roof, capac

ity, etc. dwelling for lodgers or contract laborers shall be kept by its owner in good repair, with roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 1021. The yard and grounds about all dwellings shall be Sanitation. well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodginghouse keeper or employer of laborers, for every six adults.

SEC, 1022. Every owner or keeper and every other person having Access to be the care or management of a lodging house or of a dwelling for given. contract laborers, shall at all times when required by the board of health or its agents give free access to such house or any part thereof.

SEC. 1023. Every lodging-house keeper or employer of laborers Penalty. who shall fail to comply with the provisions of this chapter shall pay a fine not exceeding fifty dollars.

Regulation of laundries. SECTION 1063. The superintendent of public works may cause Laundries, to be built and erected in the district of Kona, Island of Oahu, a etc... to be

erected. sufficient number of laundries and washhouses, and to let the same to persons applying therefor at such rents, and upon such terms as the said superintendent shall deem advisable. And in like manner to designate and use for such purposes buildings already erected.

SEC. 1065. Such laundries and washhouses when erected shall Board of be under the supervision and control of the board of health.

health. SEC. 1066 (as amended by act No. 111, Acts of 1907). Every Use of other person who shall carry on the business of laundry keeping or buildings. washing for hire, within the limits of the city of Honolulu, except in such buildings as shall be provided for such purpose, in accordance with the provisions of section 1063, or in such buildings as may be approved and designated for such purpose by the board of health, shall upon conviction be liable to a fine not to exceed ten dollars for each and every day during which he shall so carry on such business, and in default of payment of such fine shall be imprisoned until such fine is paid.

This act is constitutional. 10 H. Rep. 491.
Employers to furnish names of employees to assessors, etc.

SECTION 1227. Each person liable to pay taxes and every owner Duty of emor possessor of any property, real or personal, whether entitled

ployers. to exemption or not, shall in the month of January of each year give in to the assessor or the deputy assessor of the district in which said property is located a written or printed taxation return, signed and sworn to by him, enumerating the following facts, viz:

4. The names and nationalities of all persons subject to taxation in the employ of such persons on January 1.

Contracts of employment-Stamp duties.

SECTION 1298. There shall be due and payable to the Territory Stamps rein respect of the several deeds, documents, and instruments men- quired. tioned and specified in section 1320, the several sums of money for stamp duty set forth in the said section.

Sec. 1320. * Contracts between masters and servants for labor--------- $1.00 Labor con

tracts. If for more than one year, then for each year or part of a year after the first..

$1.00

(This duty to be charged on the original and duplicate copies, fifty cents on each copy for each year, or fractional part thereof, of the term of the contract, and to be paid by the employer.)

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Laundries to SECTION 1375. The treasurer with the approval of the governor be licensed

may issue to any person, partnership or corporation a license to erect, maintain and operate a steam laundry within the District of Kona, Island of Oahu, upon such conditions as to location and

otherwise as shall be set forth in the license. Inspection. SEC. 1376. Said license shall not be issued except upon the

certificate of the board of health, setting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the

purpose. Fee.

SEC. 1377. The annual fee for said license shall be fifty dollars. Regulations. SEC. 1378. Said steam laundries shall be subject to such regula

tions as to sanitation as may be prescribed from time to time by the board of health.

Employment offices.

License fee.

SECTION 1418C (added by act No. 96, Acts of 1907). Every person, firm or corporation conducting an employment or intelligence office or advertising as an employment or intelligence agent shall pay an annual license fee of twenty-five dollars.

Eremption of wages from execution, etc.

Exemptions. SECTION 1831. The following described personal property shall

be exempt from attachment, execution, distress and forced sale of every nature and description :

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law.

may

7. One-half of the wages due every laborer or person working for wages.

Garnishment of wages of public employees. Application of SECTION 2128. Any officer or employee, or other person in the

service of the government of the Territory of Hawaii or of any political of [or] municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, wages, annuity or pension from the government of said Territory, or any department, board or bureau thereof, or from any political or municipal subdivision of sa id Territory, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government

beneficiary, hereinafter denominated such beneficiary. Wages

Sec. 2129. The salary, stipend, wages, annuity or pension of be attached.

such beneficiary may be attached for, and applied in the payment

of his debts, Twenty - five SEC. 2137. It shall not be incumbent upon such garnishee to per cent to be

appear in any court or file any answer to such process, but the retained.

trial of such suit may proceed, in all respects, as though such garnishee had not been included in the suit. But from the time of the service of such copy on such garnishee, it shall be unlawful for him to draw, sign or issue any warrant payable to the order of such beneficiary as shall be named in such copy, or to any other person designated by such beneficiary, or permit or cause the same to be drawn, signed or issued for more than seventy-five per cent of the salary, stipend, wages, annuity or pension, which shall then be or shall thereafter become due, owing or payable to such beneficiary, until the suit against him shall have been withdrawn or dismissed, or the judgment obtained against him therein, if any, shall have been fully paid, with legal interest thereon;

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Payment of wages-Deductions, offsets, etc.

SECTION 2698. It shall be unlawful for any person, firm, partner- Written conship or corporation, within this Territory, to deduct and retain sent required. any part or portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counterclaim without the written consent of such laborer or employee or by action in court as provided by law.

Sec, 2699. No fines, offsets or counterclaims shall be collected, Fines, offsets, deducted, or retained out of any wages due and payable to any laborer or employee by any person, firm, partnership or corporation, in this Territory, unless by action in court and judgment . therefor first obtained as provided by law.

Sec. 2700. Any person, partnership, firm or corporation who Penalty. shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

etc.

Conspiracy.

Definition.

SECTION 3091. A conspiracy is a malicious or fraudulent combination or mutual undertaking or concerting together of two or more, to commit any offense or instigate anyone thereto, or charge anyone therewith; or to do what plainly and directly tends to excite or occasion offense, or what is obviously and directly wrongfully injurious to another :

For instance

To prevent another, by indirect and sinister means, from exercising his trade, and to impoverish him :

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SEC. 3092. Any person knowingly acceding to and joining in a Parties. conspiracy after the same is formed, is a party thereto, no less than the one who originally takes part in forming the same.

Sec. 3093. It is not requisite that the act agreed upon should be Act not req. done or attempted in pursuance of the conspiracy; the conspiracy uisite. itself constitutes the offense. Sec. 3094. The act of each party to a conspiracy, in pursuance Act of each

is act of all. thereof, is the act of all,

Sunday labor.

SECTION 3190 (as amended by act No. 15, Acts of 1905). All labor

Labor for

bidden. on Sunday is forbidden, excepting works of necessity or mercy, in which are included all labor that is needful for the good order, health, comfort or safety of the community, or for the protection of property from unforeseen disaster, or danger of destruction or injury, or which may be required for the prosecution of or attend ance upon religious worship, or for the furnishing of opportunities of reading or study: Provided, however, That this section Provisos. shall not apply to newspaper printing offices, steamship companies, railroads, telegraph and telephone companies, hotels, inns, restaurants, cigar stores, ice cream parlors, soda water stands, drug stores, livery stables, hackmen, owners and operators of licensed shore boats, news depots, graziers and ranchmen, electric light plants, gas works and slaughter houses: And provided further, That personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, and to and from any railroad stations; that on Sunday the loading and unloading of vessels engaged in interisland, interstate or foreign commerce shall be permitted, but no freight, except live stock and goods of a perishable nature, shall be drayed or conveyed from the dock, pier, wharf, or landing upon which it is unloaded; that during the entire day milk, bread, fruit and ice may be sold and delivered ; that until 10 o'clock in the forenoon fresh meat, fresh fish, and fresh vegetables may be sold and delivered, and laundrymen and

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