The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-23
THE COOPER CASE.


Touching the news from Washington
about the attitude of the Interior De-
partment towards the expulsion from
the floor and body of the House of Ter
ritorial Secretary Cooper, there are two
sources of local information now avail
able. One is the correct and unpreJu-
diced report of the Associated Press;
the other is the story of an anonymous
writer whose Washington news" sign
ed F., S. L., is of character which
might easily have enabled it to have
been written or amended in Honolulu,
The Associated Press dispatch has
been published by the evening papers
and by the Advertiser. 1t reads as fol-
lows:
Secretary Hitchcock has called on the
Governor of Hawaii for a report on the
recent election of the Territorial Secre-
tary from the floor of the Legislature. In
response to request for construction
of the laws imposing the duties Of the
Territorial Secretary, the Interior De-
partment has replied by pointing out the
statute provision and saying that the
method of recording the legislative pro-
ceedings unless specifically stated in ex
listing laws, must be determined by the
Territorial authorities.
This is clear to everyone who under
thorities" at Washington and other cap
itals. The word applies to executive
and administrative officers charged with
the carrying out of the law, civil or
military. Judicial officers are some
times, but legislative members are
never so classed congressman make
laws for the control of the District Of
Columbia, for example, but the .'au-
thorites" of the District are those who
directly manage it, the members of
Congress not being known as such. So,
too, congressman make laws for the
government of the Army and Navy, but
they are not in any sense military or
naval authorities" In the Territories
the authorities" so-called are the men
charged with permanent administra-
ton, not the ephemeral legislators who
make laws for a few weeks and then go
home, to be called together between ses-
sions If at all by the authority of the
Governor. Were the members of the
Legislature the authorities" of Hawaii
they should stay in office the year
around, for it Is inconceivable that per-
sons upon whom devolves the RESPONSE
bility of carrying on the Territorial
government should be given but sixty
or ninety days opportunity to manage
a twelve months job. g., ','' =
The Correspondence" of the Hum
phreys paper was obviously made up or
made over in the local office to break
the force of the Associated Press dis
patch. 1t has the same fake marks
that appeared on a. similar telegram
of some months ago alleging that the
Government was about to bring suit to
annul certain Territorial land sales.
Here is the bogus communication in
full:
WASHINGTON, d. c., March 10, via
San Francisco. March 15.-Secretary of
the Interior Hitchcock has called upon
Governor Dole for a complete official re-
port of the ejectment of Secretary Coop
er from the floor of the Legislature.
Pending a report, no official of the Gov
eminent is permitted to talk about the
ejectment. l find however, that the gen.
eral opinion is that the Legislature did
exactly right in ejecting Cooper, if it
deemed his presence a hindrance to free
legislative action.
The paragraph In the Organic Act d.
recting that he report the doings of the
Legislature does not give him the right
to thrust himself upon the Legislature
by practically assuming to be a member
of it. 1t is agreed all around that the
Hawaiian Legislature itself has an abso-
lutte right to say in what manner Cooper
shall report the legislative proceedings
and the Legislature, therefore, is Coop
ers master instead of his being its mas
ter.
When Dole's report gets here the Inte-
rior Department will probably issue a
statement concerning the case. If Dole's
report is prejudged against the Legisla-
ture there will follow complete lnveSti-
cation of the attitude of the executive
department of Hawaii towards the Legis-
lature r. s. LITTLE.
The ear-marks of Humphreys edi-
orial are very clear indeed. The "tele-
gram" simply paraphrases the opinions
the paper has published from time to
time; and 1t is so hastily and clumsily
made that it defeats its own purpose
The alleged E. s. Letters which may
easily change, on analysis, into E. s.
G-says that mo official of the Govern
ment is permitted to talk about the
ejectment, but the general opinion is
so and so. What general opinion? II
the officials will not talk the opinion
cannot be reported as theirs; and as
for the general opinion of outsiders it
counts for zero, not having, so far as
the newspapers show, ever been ex-
pressed. The rest of the telegram"
simply embodies the false report of the
Cooper proceedings printed at the time
by the Humphreys paper itself, and in
cludes that journals contemporary
statement that the Legislature is
Cooper's master We hardly need
aver that no ore at Washington who
knew hawk from handsaw ever said
that. The Legislature had nothing to
do with Cooper's appointment; it can
not remove him; it cannot add to or
subtract from his salary; it can only
make certain use Of his Office within
very definite legal limits.
Very soon We shall have the full text