The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-19

Hon. George r. Carter. Acting Gov
ernor of the Territory, Honolulu.
Sir:-Your second letter of this date
is before me, wherein, in responding to
my letter of declination to resign the
office of Treasurer of the Territory, you
intimate that ! have broken faith with
you, and have broken my positive
promise to YOU in so declining to re-
sign.
You are entirely in error in your
statement that l at any time,-much
less on two occasions,-made the state
ment to you that it was my intention
to withdraw and leave you free 90
select such heads of Departments as
would work with you, and in whom
you could repose every confidence
Let me recall to your memory just
what occurred upon the only occasion
when the topic of designations was dis
cussed yeJween US. ! was then the
first to inform you that Mr.. Cooper
had resigned his office as Superintend
ent of Public Works and | stated to
you that Mr. Cooper had remarked to
me that his reason for so resigning was
to give you a free hand" Upon ask
ing you what was meant by that
phrase, you remarked that you eX-
pected the designations of all the heads
of Departments. / replied to that sug-
gestion as follows: "Well, if such is the
practice, my resignation will be ready
at the proper time"
Immediately thereafter l spoke with
Governor Dole on the subject. who as
sured me that l was under no obliga-
ton to resign, as my official tenure was
fixed by law and he did not know what
was the practice usually pursued in re-
gard to designations under such cir
cumstances
Upon further inquiry and study on
my part, l am convinced that it has
never been, and is not now, the prac-
tice in the United States for officials
who hold their offices by definite le-
gal tenure, to resign those offices upon
a changein the personnel of their supe-
riors, or even of the Chief Executive
of the Union, or of a State.
Let me cite a few instances in sup
port of this contention. When Pres
ident Johnson undertook to Dust Mr.
Stanton from the position of Secretary
of War in 1867, his act was alleged as
basis for his impeachment when
soon followed.
In 1887, when Governor Washington
Bartlett, Of California, died, and was
succeeded by Lit. Gov. Markham, there
was no suggestion of designations from
any of the appointees of Governor
Bartlett, other than his personal staff
And such has been and is the current
of practice and precedent in America,
in such cases.
L respectfully invite you to cite a
single case wherein an executive state
or Territorial officer has resigned the
office held by him, to which he was
appointed for fixed period, and from
which he could not be removed save
with the concurrent action of the Chief
Executive and some coordinate au-
thority, upon the mere request of the
successor of the official by whom he
was appointed.
While ADMITTING the practice of res
ignatiOns being usually rendered by
Cabinet officers. and others of like con-
fidential relations to the Executive, up
on a chance in the executive Office
yet this practice has never extended
beyond the circle of officials holding at
the pleasure of the eXecutive,-whichI
understand to be now the law in re-
spect of Presidential Cabinet officers.
1t has not escaped my attention that,
almost before the ink was dry upon
the cablegram announcing your pros
pective appointment as Governor, you
were out in an interview wherein you
in effect demanded the designations of
all heads of departments. The eX-
IRENE improperly of such a course on
your part, at so very early a stage of
your anticipated incumbency of the eX-
ecutive chair, must now be as appar-
ent to you as it is to all the rest of
the community There are many who
look upon your premature and frequent
| interviews in this respect as nothing
less than insulting to the incumbents
of the offices referred to, and an i'm
parchment of the judgment of the dis
tinguished gentleman to whom they
owe their appointment. And what
ever may have been my views as to
resigning my office upon the cOnsum-
nation of the change in question, your
own most Objectionable course in this
regard would of itself have been suffi-
cient to lead me to a change of mind.
However much we may differ as to
what is my right and duty in the prem
Uses, you may safely rely on my hearty
cooperation with you in all matters
calculated to promote the best inter-
ests of the people of this Territory
without regard to race, creed, color, or
political utilization.
Very respectfully yours,
A. N. KEPOIKAI.