The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1904-10-29


have it. A strenuous government is
not the kind of government to wear.
The editorial of the Star above re-
ferred to, entitled undated Resigna-
TONS" makes this announcement. 1t
says that when President Roosevelt or
any chief executive Of the United states
decides that any one of over two hun
dred judges who preside over high
courts of record is guilty of conduct
meriting removal, he makes the order
of removal and 1t is effectual.
NEWSPAPER CoNTRADICTED.
We deny that statement. The laws
of Congress provide that any civil Of
ficer whose appointment requires the
consent of the Senate of the United
States, is entitled to fill out the full
term of his office and can only be re-
moved by the President with the con-
sent of the Senate. There are some few
specific exceptions made and in our
own territorial law the Judiciary can
be removed by the President alone, but
this is an anomaly and an exception
to the rule.
On the mainland under the general
territorial act passed by Congress
judges cannot be removed at the will
of the President. Congress has given
the President as l say wider powers
in reference to the Judiciary of this
Territory than are usual, but that is
no reason why any such discrimination
should be extended. On the contrary
it is to be hoped that we will get in
line with the territories on the main
land in this respect as soon as prac-
ticable and in any event neither the
President nor any one else can or should
set aside laws providing expressly
against removal without the consent of
the Senate.
In conclusion I wish to say few
words in regard to the interview of
Governor Carter in the Star of Satur-
day. The interesting point in that in
terview to me is the announcement by
the Governor that he is not an issue
in, the present campaign. lie goes on
in that connection and makes the fol-
lowing statement: 81 am not an issue
in the present campaign. The policy
which as Governor 1 have adopted and
the plans which 1 have carried out are
those in which 1 have confidence and
I believe that the time will show that
they are all right"
THE GOVERNORS CONCEPTION.
The express declaration and the un-
dertone of these remarks show that the
Governor conceives that he is respon-
sible only to God and the president,
for if he is not an issue in this CAM
paign when can he be an issue. The
only time citizens have a say in this
Territory is on grand and petty juries.
and once every two years on election
day. 1t is manifest that in the Gov
vernor's mind he is not now and never
can be an issue so, far as the citizens
of this Territory are concerned. If he
means that the citizens cannot directly
remove him well and good. Neither
can they remove their representatives.
to the Legislature when once elected.
If the Governor because he is appoint
ed by the President cannot be maze
an ISSUE then it would follow that
judges of our Supreme and Circuit
courts are practically above and out of
reach of criticism and condemnation
by the citizens of this Territory anu
are not to be referred to in territorial
campaigns.
The Secretary of the Territory re-
ceives his commission from the Presi-
dent as well as the Governor. / sup
pose, therefore that he passes out at
once into the category of officials who
are immune from local criticism and
attack. The Democrats say that the
| Governor is an issue of this campaign,
an issue forced upon the citizens Of
this Territory by a series of acts by
| the Governor in violation of the Or
| ganic Act under which he was appoint
| ed. Why, the Republican Territorial
| Convention, Or rather the Republican
| machine of this Territory in conven-
! ton, made the endorsement of Gov
| ernor Carriers administration one OF
| the chief features of its platform, ana
/ IL the Republican party prevails at the
| polls Governor Carter will take and
use the result at Washington as we'll
| as here as an endorsement OF his adj
| ministration, and If the Republicans are
I defeated at the polls will not that re-
1 suit be taken at Washington and
| here as condemnation of his admin
| istration7
Most assuredly. In deciding this
| question our own hearty common sense
comes to our rescue and answers the
Il N