The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-02
SECRETARY COOPER
GOVERNORS AGENT
WILL HAVE CHARGE OF PUBLIC
WORKS DEPARTMENT DURING
BOYD'S ABSENCE.

The following is the letter appointing
Secretary Cooper to have charge of the
Public Works Department for the pre-
sent. The appointment is not as Act
ing Superintendent, but as agent and
representative of the governor during
his pleasure and the absence of Superin-
tendent Boyd.
Honolulu, October LIST, 1902.
Sr:-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
to discharge the duties of the Supt of
Public Works during his absence, l
now, by virtue of the authority in me
vested by law, more particularly by
Sections 81 and 6S of the Organic Act,
request you to assume and discharge
the duties and exercise the powers of
the Supt. of Public Works as my agent
and personal representative during my
pleasure and the absence of Mr.. James
H. Boyd from the Territory.
1 am sir,
Very respectfully,
SANFORD b. DOLE,
Governor Territory of Hawaii.
Hon. Henry E. Cooper
Secretary of the Territory.
This form of appointment was based
on an opinion by the Attorney General
expressing doubt as to the power of the
governor to appoint an Acting Superin-
tendent under the conditions that exist
at present and the law as it stands, but
that under his general authority ana
duty to enforce the laws of the territory
he has power through an agent to car
~ fnA fttr, Nf Nn1
part of the opinion on this point is as
follows:
Furthermore, the Superintendent of
Public Works is responsible to the pub
lie and to a greater or less extent to
the Governor, for an honest ana eff
Gent 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 supordi-
mates are appointed by another; and
however great the present eXigency
may be, it seem to me that constituting
ignoring the words of the statute Lass
the words las provided by law" to
mean "as provided by statute" and
ignoring the words of the statute las;
quoted las 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, | believe
that the tendency should BE- in the OPP
posite direction"
Quoting then the Organic Act which
makes the governor responsible for the
execution of the laws of the Territory,
the opinion concludes.
The Superintendent of Public Works
is in California; the Assistant Supern.
tendent is disabled by an accident; the
chief clerk is in Jail and the fInc5;ons
of the department have come to :
standstill. | am indebted to the sug-
gestiOn of Secretary Henry T.. Cooper
that the provisions of the Organic Act
last quoted furnish a remedy for en-
listing conditions. | greatly doubt
whether you have the power 70 appoint
an Acting Superintendent of Public
Works or a chief clerk: but, purSuart
to your statutory duty to enforce the
laws of the Territory and prevent
collapse of the functions of one of its
chief departments, it seems 10 me that
GU can appoint an agent with tenn
porary authority to act as you" repre-
sentative until the Superintendent re-
turn. l refrain from expressing an
opinion that such agent will be entitled
to pay from the territorial treasury or