Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-03
.COFER IS OUT OF
HEALTH BOARD
Resigned Yesterday And
Mark Robinson
Appointed

4, Ut. l.. ~ 'DltT HuS tcHutltu liS itS-
ignation as President of the Board of
Health to Governor Frear, and 1t has
been accepted. Mark p. Robinson has
been appointed in his place. DR.. Cofer
has given as his reasons for resigning
the fact that his first duty Is to the
United States. and. as his eligibility
TO hold the Territorial position is
questioned by reason of his being an
official of the United States, he does
rot feel that he should hold the posi-
tion so long as there Is any question.
He also stated to the Governor at the
time of his resignation, that his SER
vices were always at the command of
of the Territory, without compensa-
ton, in any matters that he could be
of assistance. ssS
Governor Frear was very reluctant
TO accept DR.. Cofer's resignation, and
he stated that he appointed him prim.
arily because of the fact that he con-
sidered him the best man for the
place.
"Dr. Cofer has been resident of
this city for number Of years" said
the Governor yesterday, has become
acquainted with conditions here. and
by virtue of his twenty years of Ma.
riie Hospital Service work, he is in.
deed a valuable man.
THE suggestion has been made that
he is ineligible to hold the Office on
two grounds.
First. that the Statutes of the
United States prohibit Federal officer
from hold Territorial Office, and:
Second, that the fact that he Is re-
cciving no salary for acting as the
PRESIDENT Of the Territorial Board of
Health constitutes technical bribery
and the office is therefore vacant.
'As to the second point, 1t 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 Office had held out to the vot.
ers that If they would elect him he
would serve either without salary or
at reduced salary. In other words,
the candidate was making such offer
as an inducement to vote for him.
DIR. Cofers case is not parallel
one. He made no overtures to me to
appoint him. sought him out and
offered him the position, which at
first, he was not inclined to accept.
continued to press him to accept 1t
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.. Cofers be-
ing ineligible by reason of his being
a Federal officer, take the position
that the law does not prohibit a Fed
eral officer from at the same time
holding Territorial Office"
| Attorney General Hemenway has
reached a conclusion as regards the
technical bribery Of which Cofer was
occused. He says that this accusation
would not hold, as In all the other
cases which he cites as authorities,
the Office was an elective one. In
this case, DR.. Cofer made no overturcs
for the position, and after he had
been appointed to the position he did
not have to accept the salary contin.
gent unless he SO desired
Link McCandless and other Demo
cratic politicians are generally credit
ed with being the men behind" and
II is stated that Humphreys received
q $1,000 fee, half Of which was To be
paid when the suit was begun and the
remainder when COfer was out of the
position.
DIR. Cofer's letter of resignation was
as follows:
Honolulu, July 2, 1908.
His Excellency Walter i. Frear, Gov
ernor of Hawaii, Honolulu:
"Sir:-I have the honor to tender
: my resignation as President of the
Territorial Board of Health to take eff.
feet Immediately. .,
my reason for this action Is that
my eligibility to such Office has been
questioned, and ! feel, as an officer of
the United States government, that I
ought not to remain as President OF
the Territorial Board of Health while
such question remains unsettled.
Very sincerely yours,
~. Z. COFER."
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