The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-24

wide executive powers and ran the
| country, so he forced the country into
| open revolution resulting in its abol1-
ton. The powers of the executive were
curbed IN the new constitution and the
| people or this Territory ought and un-
| douptediy do see the unwisdorn of re-
sorting TO makeshifts or evasions of
| law because the emergencies of the
/ hour seem to invite 1t. The Democra-
| tic party viii stand in my Judgment
| firmly Tor the independence OF the heads
of these departments first, last and all
the time because it does away with one
man power, and IL it gives little slow
err government We believe the people
| in the long run are perfectly willing to
| have 1t. a strenuous government Is
not the kind Of government to wear.
| The editorial Of the Star above re-
ferred to, entitled Undated Resigna-
| tfons, 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
merltlng removal, he makes the order
| of removal and it is effectuaI
| NEWSPAPER CONTRADICTORY
| 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
4 fev-r
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 I 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 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: 81 am not an issue
in the present campaign. The policy
which as Governor 1 have adopted and
the plans which I 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 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
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 mace
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
h. a;H -
are not to be referred to in territorial
campaigns
The Secretary of the Territory re-
ceives his commission from the Presi-
dent as we'll as the Governor. I 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 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, and
If the Republican party prevails at the
polls Governor Carter will take and
use the result at Washington as well
as here as an endorsement OF his adj
ministration, and if the Republicans are
defeated at the polls will not that re-
suit be taken at Washington and
here as a condemnation of his admin
istration?
Most assuredly In deciding this
question our own hearty common sense
comes to our rescue and answers the
question in line with the Democratic
declaration that the Governor Of this
Territory and his administration are
amenable to the people of this Terri
tory, and if condemned and rebuked
at the polls will have to mend their
ways and conform to the manifest
wishes of the people of this Territory,
or be called down at Washington