The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-07-03
COFER
RESIGNS
tcontinued rrom Pare one,

AAbHHitdA NtlNAINf hNAAihE wan JNoh ooNaA
questions as are most vital to the
health of Honolulu and the Territory
in general. Moreover, he is an ener'
getic, decisive man, while at the same
time he is fair and equitable in his
methods and has the faculty of getting
along with the people with whom he
comes in contact.
"'The suggestion has been made that
he is ineligible to hold the office on
two grounds:
"First, that the Statutes of the Uni
ted States prohibit Federal officer
from holding Territorial office, and;
"Second, that the fact that he is
receiving no salary for acting as the
president of the Territorial Board of
Health constitutes technical bribery
and the Office is therefore vacant.
Gas to the second point, it is, in my
opinion, nonsense. The cases that have
been cited as sustaining this position
were in connection with an elective
office, where the candidate for the of,
fee had held out to the voters that
if they would elect him he would serve
either without salary or at q reduced
salary. In other words, the candidate
was making such offer as an induce
ment to vote for him.
"Dr. Cofer's case is not parallel
one. He. made no overtures to NE to
appoint him. 1 sought him out and
offered him the position, which at
first, he was not inclined to accept !
continued to press him to accept it
whereupon he finally agreed that he
would accept the position, stating how.
ever~that he would not accept a salary
in connection with the position. The
office sought the man and not the man
the office.
"As to the point of DR.. Cofer's be-
ing ineligible by reason of his being a
Federal officer, 1 take the position that
the law does not prohibit Federal
officer from at the same time holding
Territorial office.
81 do not know just why the pro-
test has been made in DR.. Cofer IS case
when for years, both the Territorial
Government and the Government at
Washington have construed the law to
be that there was no prohibition Of
Federal officers also holding Territorial
Office, if there was any good reason fol
so doing.
'There is no matter of policy in
volved in the matter, either of DR.
Cofer's holding two offices at once oil
in that of the other Federal officers
who are in like position. In each ease
it has been simply question of the
fitness of the man and of economy.
Gin the ease of the Territorial Vet
erinarian, neither the salary offered by
the Federal or the Territorial Govern
ment was large enough to secure the
services of a first-class man and by
joining the two offices the two salaries
have been enough to eecure the ser
ivices of DR.. Norgaard, who stands sec
ond to none in his profession.
'The same is the case with Mr.. Dun
can, the chemist, who represents boil
the Territorial and the Federal Gov
eminent.
"Now that the question has beer
raised 1 shall take steps to secure al
authoritative Interpretation of tn
Statute. "
Attorney General Hemenway state
that he had checked up the claim tina
the failure of DR.. Golfer to receive /
salary was constructive bribery <an
was satisfied that there was nothing t
the claim, all of the cases relied upo
being elective cases in which the car
didate had held out as reason fo
voting for him that he would serv
without salary or for less salary tina
the official one. NJ
Gin my opinion,' said the Attorne
General, can officer who has not hel
out such indueement to secure his ele,
ton or appointment, has the privileg
of accepting or not accepting salar
for his services to the pnblc, as b
may choose: In the case of DIR. COTE
the facts, as am informed, are tbs
: he did not seek the office nor hold o,
/ any inducement of any kind.
: 81 have not finished my examinatic
of authorities upon the point of whet
+ er Federal officer is eligible to hold
Q Territorial office; but so far as ha,
gone, take the position, upon. beha
of the Government, that there is not
ing in principle preventing such hol
u ing and that the Interpretation of Il
e law upon this subject which has co
d tinuously been placed thereon ev
Q since the Territory was organized
L correct, and l shall maintain this pr
Il ton until fipd some stronger auth,
lily TO the contrary than / have v