Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-25
MANY OFFICES IN one
Continued from Page ~

the unusual spectacle would be present
ed of the Governor being Superintend-
ent of Public Works and Treasurer OF
the Territory of Hawaii or of having
the power to name his own successors
to those important trusts.
The Treasurer of this Territory is by
law the custodian of the public funds,
and no other person has the right to
exercise dominion or control over such
funds, no not even the Governor: and
II the Governor has not the power to
take possession Of such funds, II would
seem equally clear that he has not the
authority to appoint Special Agent"
to do so. For 1t is peurile to say that
one can authorize another to do what
one cannot himself do but even If 1t
be conceded that the Governor had
power to take possession of the Office OF
Treasurer, he would have no right to
delegate the duties of the Office. in
Guiding the right to the possession of
the funds therein to another, for no
| principle is better settled than that "a
public officer has no right to surrender
| to committee, or TO any other person,
unless expressly authorized by the
clear provisions of law, the custody OF
public money.
1t was never intended by the franz
ers of our Organic Act, that the Gov.
ernor should by any means or under
any preteXt whatever, exercise or cen
ter in himself, or in any other one per-
son, the duties Of the various admins
trative offices Of this Territory: It was
not intended and is not to be tolerated,
that the Superintendent of Public
Works, or any one assuming TO act as
such, shall have entire control of the
public moneys of this Territory. there.
by practically and in effect abolishing
the Office of Treasurer. II frequently
happens that constitutional as we'll as
statutory provisions, subject the people
to hardship, inconvenience and ex-
pense, but such provisions are not to
be overridden, simply because the
Executive deems their strict observ-
ance inconsistent with the public good
or its economy.
The spirit OF liberty is, indeed, bold
agd fearless spirit; but it is also a
sharp-sighted spirit; 1t is cautious,
sagacious, discriminating, far-seeing
intelligence; 1t is jealous of encroach-
ment, jealous Of power, jealous OF man.
1t demands checks; II seeks for guards;
1t insists on securities: II entrenches
itself behind strong defences, and forth
fes itself with all possible care against
the assaults of ambition and passion.
1t does not trust the amiable weak
nesses of human nature, and therefore
1t will not permit power to overstep its
prescribed limits, though benevolence,
good intent, and patriotic purpose come
along with II. Neither does II satisfy
itself with fashy and temporary re-
sistance to its legal authority.
Far otherwise. It seeks for duration
and permanence. 1t looks before and
after; and, building on the experience
of ages which are past, 1t labors dill
gently for the benefit Of ages to come.
This is the nature of constitutional lib
erty; and this is our liberty, II we will
rightly understand and preserve II.
Every free government is necessarily
complicated, because all such govern
ments establish restraints, as well on
the power of government itself as on
that of individuals.
II we will abolish the distinction OF
branches, and have but one branch; II