The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1904-10-24
Kinnsy's Great Spesch.
Continued from LIST page.)

we Will abol1Sh jury trials ana leave
all to the Judge; If we will then Or
dain that the legislator shall himsen
be that judge; and IL We will place the
executive power in the same hands
we may readily simplify government
We may easily bring it to the simplest
of all possible forms, pure despotism
But a separation of departments, so far
as practicable, and the preservation of
clear lines of division between them, Is
the fundamental idea in the creation of
all our constitutions; and doubtless, the
continuance of regulated liberty de-
ponds on maintaining these bound
aries.'' : SIS.
1t is charged that if Democrats are
returned TO the Legislature this cleo
ton on platform protesting against
executive encroachment, it will lead
merely to a pickering, fault-finding
and unbusinesslike session of the Leg
islature wherein the practical wants
and needs of the people will be disre-
garded, and the time given over to
factional and useless quarrels with the
Executive.
Webster has something to say on this
point in the same speech, pointing out
that the highest and most useful func-
tior of representative of the peop.e
is to resist executive encroachment and
from the very start to foresee and at
once to call a halt upon any subversion
of established land marks. This is
what he says:
1--WE have been taught to regard a
representative of the people as a sem
tinel on the watch-tower of liberty. L.
he to be blind, though visible danger
approaches? Is he to be deaf, though
sounds of peril fill the air? Is he not,
rather. to catch the lowest whisper
which breathes intention or purpose of
encroachment on the public liberties,
and to give his voice breath and ut
terance at the first appearance of dang
er? Is not his eye to traverse the whole
horizon detecting, through all dis
guises. every enemy advancing, in any
form, towards the citadel which he
guards? Sir, this duty of foreseeing
danger and proclaiming it; this defer
ence of established landmarks; this fear
less resistance of whatever would trans
cend or remove them,-all belong to
the representative character, are in
terwoven with it's very nature. If de-
faithful agent of the people will be con-
verified into an unresisting and passive
instrument of power. A representative
body, which gives up these rights and
and duties gives itself up. 1t is a
representative body no longer. 1t has
broken the tie between itself and its
constituents, and henceforth is fit only
to be regarded as an inert, self-sacri-
Il feed mass, from which all appropriate
principle of vitality has departed for
ever
SYMPTOMS OF DISORDER.
while we have had something less
3 than a year of one man power there
are not lacking in this Territory Sc
rious symptoms of disorder, and man.
: fest evidence of lack OF balance of
power in the body polite. Something
Is out of balance when the Attorney
General can openly go into a nominal
a ing convention of the people backed by
4, large body of office holders absolute
sly under his control, and defeat the
examination OF candidate for the Leg
stature on the sole ground that he is
Hcrsona non grata to the executive.
4 Something is out of balance when
Without protest or check the Governor
has obtained direct control of the ma
gistrates of the Territory, SO that they
can be removed by him at will when
the Legislature provided that they
{ should only be removed for cause by
he Supreme Court of the Territory, and
aomething is extremely out of balance
the territorial government when the
b Governor in addition to destroying the
dependence of the heads of depart
itents and taking direct control of a
rye part of the judiciary feels the
need of still more power and is allowed
exact pledges from candidates foi
Hi'ie Legislature before their nomina-
& on whereby his Attorney General car
5uhlicly announce that every Repub'
titan nominee stands pledged TO sup
Burt the bills which will be introduced
q ~ his (the Governor's) administra,
q ion" Something Is certainly out Of
balance when the Attorney General OF
Z ms Territory, with his undated resigna'
q Tin in the Governors hands therefore
ting az his spokesman, announces
Etfat as every Republican nominee IL
: EDGED to support the bills which the
R Governor will introduce in the Legis.