The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-02
Secretary to Sign
Public Works
Vouchers.
GOVERNOR TAKES
DECISIVE ACTION
Boyd Did Not Return and Depart
ment Is Prevented From
Doing Work.

Governor Dole yesterday designated
Secretary Cooper to take charge of the
and Mr.. Cooper Immediately approved
the vouchers of the department in or
DER that salaries may be paid. The
warrants will be made up by the audit
department before Saturday.
TIE action of the Governor was talk
EN- after an Executive Council meet
ing at which Attorney General Dole
rendered an opinion upon the legal
questions involved, and upon the au-
thority of the governor to appoint a
chief clerk in the absence of Boyd.
The Attorney General holds that the
Organic Act gave the governor power
to appoint all officials not specially pro-
vided for by law, but that it cannot
be restricted to provided by statute"
From time immemorial the Minister of
Interior appointed the chief clerk,
and the Civil Laws of 1887 fixed "Ha-
waiian National Usage as part of
the law.
Mr.. Dole says:
Furthermore, the superintendent of
Public Works is responsible to the pub
lie, and to greater or less extent to
the Governor, for an honest and eff
cient discharge of most, important du-
ties. do not see how he can be Justly
held to account for anything beyond
his own personal acts if his subordi-
mates are appointed by another; and
however great the present exigency
may be, 1t seems to me that constituting
ignoring the words OF the statute last
the words ''as provided by law" to
mean as provided by statute" and
ignoring the words of the statute last
quoted 'as established by Hawaiian
national usage would, in effect, CEN
tralize nearly all the powers of admin
istration solely in the Governor. AS a
matter of sound public policy, 1 believe
that the tendency should be in the op
posite direction
Quoting then the Organic Act which
makes the governor responsible for the
execution of the laws of the Territory,
the opinion concludes:
1.-The Superintendent of Public Works
is in California;; the Assistant Superin-
tendent is disabled by an accident; the
chief clerk is in Jail and the functions
of the department have come to
standstill. 1 am indebted to the sug-
sestion of Secretary Henry e. Cooper
that the provisions of the Organic Act
last quoted furnish a remedy for ex-
listing conditions. I greatly doubt
whether you have the power to appoint
an Acting superintendent of Public
Works or a chief clerk; but. pursuant
to your statutory duty to enforce the
laws of the Territory and prevent a
collapse of the functions OF one of its
chief departments, it seems to me that
YOU can appoint an agent with tenn
porary authority to act as your repre-
sentative until the superintendent re-
turn. I refrain from expressing an
opinion that such agent will be entitled
"a pay from the territorial treasury or
from any other source"
GOV. DOLE TO SECRETARY COOP
Err.
The following is the letter sent by
Governor Dole to Secretary Cooper yes
terday: -
Honolulu, October 1st, 1902.
Sir:-Owing to the absence from the
Territory of Jas. H. Boyd, Superintend-
ent of Public Works, it is at present
impossible for the faithful execution of
the laws of the Territory of Hawaii. in
respect to his Office, and as the neces-
sity of public business requires the ap-
pointment of some person authorized
80 discharge the duties of the Supt. of
Public Works during his absence, 1
fHnnf{n,fod an naca