The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-15

date I CLEAN that the Governor has
determined to proceed with such sub
mission, evidently in the hope that
the act will be declared invalid
AS a citizen of the Territory, no less
than as a Democrat, I would protest
against such interference by the execu-
tive, even though the law had vested,
(as it has not, the authority in the
Governor to take such action. But a
moments reflection must convince
any person that the first element of
"a valid submission of a disputed ques-
ton of law, upon such agreed state
ment, is that all the parties in interest
to such controversy shall be before the
court. IF any person having such in
terest is left out, then such interest is
not, and cannot be bound by any de-
cision that may be rendered.
Now, who are the persons in inter-
est in this proposed controversy? OBJ
viously, every citizen and every tax
payer irrespective of his citizenship,
has an interest that must be bound
before the county act can be declared
invalid. How, then can the Governor,
or any little coterie who oppose gov
ernment of the people, by the people.
and for the people, even though such
coterie have assumed the virtue
breathing title of a civic Federation"
arrogate to themselves the authority
to represent the entire body of tax
payers, in this matter. and in such
manner as to bind those taxpayers by
their acts? How can you, and 1, and
John Chinaman and the rest of us
be bound by any freak that may sug-
gest itself to the minds Of Carter,
Castle & Co? Can it be possible that
those gentlemen have stopped to con-
slider whether those of us who welcome
the small modicum of popular govern
ment embraced in our county act Will
sit by and permit the enemies of that
act to submit such agreed statement
of facts (?)'' as, in their view, will
meet the case. and land a blow in the
solar plexus of our first approach to
popular government?
The Governor appears to have forgot
ten Gf he ever recognizeO the fact
that he represents nobody in the af-
fairs of this Territory. It is a pure
assumption on his part to suppose that
any official function of his is involved
in this matter. He has already eX-
hausted his constitutional efforts to
defeat popular government, and to re-
tain the grasp upon public affairs
which no citizen of the Territory has
committed to his hands. Candidly,
isn't it time for the Governor to take
a tumble?'
The Democratic party is pledged to
popular government in Hawaii, but
was defeated by the Republicans who
put forth (without meaning it, appar-
ently), a similar pledge. The Demo-
Gratis cannot afford to permit any Of
fetal jugglery in regard to this act
at least while the law shall provide
for the intervention of any citizen in
the scheme now proposed for the chlo-
reforming of this child of the popular
desire. ~
Any lawyer knows there is a proper
and a valid method of testing this act,
but that method is not embraced in
the program announced by the Gov
ernor this morning. Let the enemies
Of this act abide by the law, which
affords sufficient protection to both
friends and opponents of this act in
their respective efforts to uphold, or to
defeat it. Otherwise the Democratic
party must be reckoned with.
C. w ASHFORD.
May IA, 1905.