Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-10-23
0rganiC Act and Statutes of the
Territory Convince Attorney
general That He Has No Le-
gal Right to ACT as Chief Ex-l
ecutive for Territory
BIG BUSINESS MUST WAIT
UNTIL PIlvitHAM ARRIVES
Acting Official Win Care for
Correspondence and Handle
AIT Matters of Minor Import
ance Until December 8


Hawaii win be without governor
from Friday until December 8, unless
the appointment Of L. e. Pinkhan Isl
confrmed by the Senate and he ar
rives here and takes the oath or of
nee before that time.
When Acting Governor Mott-Smith
sails lon the S;beria Tor san Francisco
ffIdE y q Eofefn0fiess period for HaF.
Waii WIN begin, to continue for an
ll1c1rtaih1 time NO documents re-
curing the signature of the chief ex-i
ecutive viii be signed during that pc.
Rod. no action will be taken by the
gubernat0riai department touching on.
the title TO real property, or calling
for the use Of the discretionary powers
Of the governor
w ": Thayer. attorney general
was at drst believed 60 have the.
right to step into the pace to be left
vacant By Acting Governor Mott
Smith, who will spend vacation in
California to recover his health
weakened by his many official duties,
but upon a study Of the Organic Act
and federal statues relating to terri
tories, the attorney general has come
to the conclusion that he has no legal
right 20 act as governor, notwith-
standing that he is directed to do so
BY the secretary of the interior
He Will, therefore, only attend to
few matters of MINOR importance and
viii In hoWise attempt to exercise the
powers Of chief executive.
Il have gene over the Organic Act, 4
he said this morning, eand find that
It provides that the secretary Of the
territory may &C, in the absence OF
the governor. but it does not make q
provision for such an emergency as
this. where both governor and secre-
tary are out of the territory.
ane Organic Act is our constitu-
tion, and IL the attorney-general has
the right to act In the absence of the
governor and secretary OF territory,
II should be provided for in that laws
But ION that point it is silent. 1t
might be argued that as the attorney
general is named first among the APP
pointive positions of the governor, he
would have the natural right BY sue
cession to I'll the chief executives
pace in acase similar tn this.
Though this may seem reasonable,
II is not sufficient And because the
Organic Act is silent In this case, I /
do not believe the secretary of the
interior has the right to name per-
son to fill the vacancy; for the law
says. that the governor is to be ap-..
pointed by the, president and con-
firmed by the Senate. and it doesn't
delegate to the secretary of the in.
terror any authority in this matter, or
in the matter CT filling the vacancy
when the governor and secretary of
territory leave the territory.
However. in this case don't think
any great harm will be done. The
confirmation of Mr.. Pinkham may be
within short time. The different
departments are merely marking time
now until the new governor takes Of
fee, for they do not wish to begin
on work requiring policy to be fol- !
lowed out which may not be in ac-
cordance with the ideas of the new
governor. They feel that 1t is better
not to take up new work at this
time.
While act as sort of chief ex-
ecutiye, will only see that the cor
resp0ndence is taken care of as far
as possible, tand attend to a few !
MINOR duties Of the Office. -'-.te