The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-02-21
SECRETARY cooPER's ILLEGAL
ACTION.

Al IlON.
In the Territorial assembly yester-
day was witnessed a scene that could
not have occurred in any other State
or Territory Of this Union. Henry f.
Cooper. Secretary Of the Territory. in
fitting up the room for the members
of the assembly provided a large desk
for himself at the left of the speaker
and yesterday took his seat at tAat
desk accompanied by a stenographer.
Mr.. Cooper in doing this was guilty
of malfeasance in Office ana the first
act of the assembly this morning
should be the adoption of a resolution
instructing the Sergeant-at-Arms to
remove Mr.. Cooper. and this should be
followed by a concurrent resolution
addressed TO the President asking ais
removal from Office.
In taking his position in the assem-
bly, yesterday it is very evident that
MIR. Cooper thought to embarrass that
body. which he obviously did. Like
many others of the old family com
pact MIR. Cooper seems to forget that
this is an American territory and that
he has no more right upon the floor
Of the assembly than any private citi-
zen of the Territory His object evil
IDENTITY was to impress upon the mem
bers OF the assembly the power of the
executive branch of the government
and to brighten them by making
pretense OF keeping journal of the
proceedings, and holding seat upon
the floor the same as members of the
cabinet had in the days of the oil
garchy.
Section 60 of the Organic Act reads:
..That there shall be a secretary of
the said Territory. who shall be ap-
pointed by the President. by and With
the advice and consent of the Senate
of the United States. and who shall be
n citizen OF the Territory and hold his
Office for four years and until his sue
cessor shall be appointed and quail
fed. unless sooner removed by the
President He shall record and pre-
serve all the laws and proceedings of
the legislature and all acts and pro-
ceedings OF the governor, and pro-
mulgate proclamations of the gov
ernor. He shall. within thirty days
after the end Of each session of the
legislature. transmit to the President.
the President Of the senate. and the
Speaker OF the House Of Representa-
tiyes OF the United States one copy
each OF the laws and journals OF such
session He shall transmit to the
President. semiannualiy. on the first
DAYS OF January and Iuiy. copy Of
the executive proceedings. and shall
perform such other duties as are pre-
scribed in this Act or as may be re-
CURED Of him by the legislature of
Hawaii.
Ii VII I>r- re seen that the duties
of the Secretary are to record and
preserve ali the laws and proceedings
OF the legislature" which means that
he shall do just what the law says.
Not that he shall make himself clerk
10 keep the minutes Of the House.
but he SHAH record and preserve the
laws and proceedings of the legisla-
ture as furnished him by that branch
of the government II Mr.. Cooper
and members OF the legislature viii
turn 10 Title XxIu of the Revised
Statutes Of the United States he. and
they, will find that Sec. 90 OF the Or
ganio Act of Hawaii is almost iden-
teal with Sec. 1854 OF the Revised
Statutes Of the United States relating
TO the duties Of Secretaries OF Ter
ritories in general. No Secretary OF
any other Territory ever had the col.
ossal nerve OF Cooper TO try to en-
sconee himself upon the floor OF the
,rT's'7ture- Hsd any ever tried ii they
would lave been kicked out uncere-
moniously as Cooper should be. Mr.
ccoper's duties. relating to keeping
the records and proceedings of the
legislature are merely ministerial
The law expressly says what he shall
do and gives him no privilege to so on