The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-19
Territory Of Hawaii,
Treasurer flee.
Honolulu, November Is. 1907

honolulu, November Is, 1903.
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 l have broken faith with
you, and have broken my positive
promise to you, i'm so declining to re-
sign.
You are entirely i'm error in your
statement that | 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 20
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 between 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 50 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
gestion as follows: We'll if such is the
practice, my resignation will be ready
at the proper time"
| Immediately thereafter | spoke with
Governor Dole on the subject, who as
sured me that 1 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, 1 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 a definite le-
| gal tenure, to resign those offices upon
a change in 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 Gust Mr..
Stanton from the position of Secretary
of War, in 1867, his act was alleged as
a basis for his impeachment, which
soon followed.
In 1887, when Governor Washington
Bartlett, of California, died, and was
succeeded by 1t. Gov Markham, there
I 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 a fixed period, and from
which he could not be removed save
| nj n t1a. ,Ft he f.f
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,-which |
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
We're 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 inn
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, OF
political affiliation.
Very respectfully yours,
A. N. KEPOIKAI,
Treasurer of the Territory.