The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-10-24


BOD. amy d.eI OFF undated ..HT..H. .
OBJ. best Trims fIf fn.a .lmml.N.. IIH.
. ISL. .a Democrats protest HUI...f .I.u
. views Such logic would result Ono tH.s.
DR. Np hIl l bad Governor HUd good o..
pH1ments then ue would DHm0r t1
have the heads of these departments
/ made Independent of th0 Governor and
! vice versa. The issue must not Boo dee
/ cidcd iu that way
! We had au experience m ha hs-
/ tory OF this country that ought no hove
taught as better. I'm 1864 Kamehdmpha
+ V, believing that the people had too
much power and the executive too l.'-
/ tie, arbitrarily promulgated % new con-
! stitutlon which gave the executive
more power and the people less, and
, during his reign and because h. was
| a man Of good sense and knew how
| far to go and where TO STOP the yeo-
! pie felt no Inconvenience from the con-
stitution thus promulgated. Events
seemed to Justify the making Of a COM
stitution TO fit the particular sovereign
/ then on the throne, but what happen
/ ed later? Kalakaua came to the throne
and he took that constitution with its
wide executive powers and ran the
country, so he forced the country into
open revolution resulting i'm IT'S a5oli-
ton. The powers Of the executive were
: curbed In the new constitution and the
people Of this Territory ought and UNI
doubtedly do see the unWsdOm Of rec
sorting to makeshifts or evasious Of
law because the emergencies Of the
hour seem to invite IT, The Democra-
tic party will stand i'm my judgment
firmly for the independence of the
heads of these departments first, last
and all the time because it does away
I with one man power, and if it gives a
! little slower government we believe the
people in the long run are perfectly
willing to have it. A strenuous govern
ment is not the kind of government to
wear.
The editorial of The Star above re-
ferred to, entitled Undated Resigna-
tions," makes this announcement. It.
says that when President Roosevelt or
any chief executive of the United
States decides that any one of over two
hundred judges who preside over high
+ courts of record is guilty of conduct
meriting removal, he makes the order
of removal and it is effectual.
We deny that statement. The laws
! of Congress provide that any civil Of
ticer 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 I'm 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 wider powers i'm re-
ference 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 i'm
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 ex-
pressly against removal without the
consent Of the Senate.
! In conclusion I wish to say a 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. He goes on
in that connection and makes the fol-
lowing statement: II am not an issue
in the present campaign. The policy
which as Governor / have adopted and
the plans which | have carried out are
those in which I have confidence and
I believe that the time will show that
they are all right"
! The express declaration and the I'M
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 i'm this cam
paign when can he be an issue? The
only time citizens have a say i'm this
Z Territory is on grand and petty juries
and once every two years on election
day. 1t is manifest that i'm the Gov
ernor's mind he is not now and never
can be an issue so far as the citizens
of this Territory are concerned. If h
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 made
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 ana
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 ana
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