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

the best thing for this commonwealth.
We as Democrats protest against such
views such logic would result in this.
IL we had bad Governor and good l..
partments then We would clamor 10
have the heads of these departments
made Independent of the Governor ana
vice versa. The issue must not be de-
cded in that way.
We had an experience i'm tn ms
tory of this country that ought 70 have
taught us better. In 1864 Kamehameha
V. believing that the people had too
much power and the executive too ~
tie, arbitrarily promulgated a new con-
stitution which gave the executive
more power and the people less, and
during his reign and because ne was
man of good sense and knew now
far to go and where to stop, the peo-
pie felt no inconvenience from the con-
stitution thus promulgated. Events
seemed to justify the making Of con-
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 in It's aooli-
ton. The powers of the executive were
curbed in the new constitution and the
people of this Territory ought and un-
doubleday do see the unwisdom Of re-
sorting to makeshifts or evasions OF
law because the emergencies of the
hour seem to invite it. The Democra-
tic party will stand in my judgment
firmly for the independence of the
heads of these departments first, last
and all the time because it does away
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-
2 tions," makes this announcement 1t
= saws that when President Roosevelt OF
' any chief executive of the United
5 States decides that any one of over two
S hundred judges who preside over high
= courts of record is guilty of conduct
3 meriting removal, he makes the order
Y of removal and it is effectual.
d We deny that statement. The laws
of Congress provide that any civil of
= ficer whose appointment requires the
r consent of the Senate of the United
Il States, is entitled to fill out the full
O term of his office and can only be re
- moved by the President with the con
D.. sent of the Senate. There are some few
e specific exceptions made and in on
e own territorial law the judiciary can
# be removed by the President alone, bu
g this is an anomaly and an exception
e to the rule.
9 On the mainland under the genera
= territorial act passed by Congress
r. Judges cannot be removed at the vii
" of the President. Congress has give
It the President wider powers in rt
= ference to the judiciary of thi
If Territory than are usual, but that
l. no reason why any such discriminate
ID should be extended. On the contrar
ee it is to be hoped that We will get i
l. line with the territories on the main
land in this respect as soon as praC
Is ticabe and in any event neither tn
p President nor any one else can {
s should set aside laws providing eN
al pressly against removal without tn
ID consent of the Senate.
r. In conclusion I wish to say a fe'
ne words in regard to the interview {
Governor Carter in The Star of SatuI
1e day. The interesting point in that in
is terview to me is the announcement b
lg the Governor that he is not an issu
ne i'm the present campaign. He goes O
AZ in that connection and makes the 70
n lowing statement: 'I am not an issu
IN i'm the present campaign. The polio
1g which as Governor I have adopted an
1g the plans which I have carried out al
re those in which I have confidence ar
N. l believe that the time will show thi
Mt they are all right"
ID The express declaration and the III
at dertone Of these remarks show that Il
~ Governor conceives that he is respo
RS sible only to God and the presider
lis for if he is not an issue in this can
n paign when can he be an issue? II
ed only time citizens have a say in tn
n Territory is on grand and petty juri
and once every two years on eclectic
lin day. 1t is manifest that i'm the Go
b. eTnor's mind he is not now and new
in can be an issue so far as the citize
Tor of this Territory are concerned. If
ue means that the citizens cannot direct
lpt remove him well and good. Meth
m can they remove their Representative
to the Legislature when once electe
zen If the Governor because he is appoir
ow ed by the President cannot be ma
m an issue, then it would follow tn
its judges of our Supreme and Circl
rm courts are practically above and out
to reach of criticism and condemnati
ua- by the citizens of this Territory a
las are not to be referred to in territor
Ter campaigns.
be The Secretary of the Territory
pc- ceives his commission from the Pre-
he dent as well as the Governor. | su
are pose, therefore that he passes out
us once into the category of officials W
un- are immune from local criticism IA
of attack. The Democrats say that I
Governor is an issue of this campail
hat an issue forced upon the citizens
csc this Territory by a series of acts
the the Governor i'm violation of the {
aw ganic Act under which he was appoil
the ed. Why, the Republican TerritOr
Ia