Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-01-16
DOLE HAS RESIGNED
ALTHOUGH HE DENIED
FACT TO BULLETIN
GIVES HIS REASONS IN A LENo.
THY EPISTLE-SPEAKs OF
SHEER EXt'Aus.
TON.

Notwithstanding the denial to the
Bulletin Of Attorney General Dole yes
terday afternoon OF the story Of his re-
tirement from the Office Of Attorney
General. he had already sent his writ
ten resignation % the Governor Mr..
Dole was in the office when he was tel
! Cphoned to. Chief Clerk John NJ. kea
was asked If tis superior was in and
he replied in the Affirmative. On being
asked as to the story in another after
noon paper, Mr.. Kea said: Wait,
I will ask Mr.. Dole He was distinctly
heard speaking with the latter and
then he returned TO the telephone with
this message: "He says there is no
truth IL the story"
In his letter to the Governor Mr..
Dole explains his resignation in the
following lengthy epistle:
10 His EXcellency Sanford B. Dole
Governor of the Territory of Hawaii.
Sir:-Nearly year ago. owing to the
Illness of Mr.. Justice Gray, the Manki-
chi case was submitted on briefs with
~
reaching consequences which the de-
cision may have the court reopened the
case for oral argument. Mr.. Justice
Gray's protracted illness and subse-
quent death caused unexpected delays.
The hearing has at last been set for
March ..
This case involves not only the valid
iity of civil and criminal trials herefor
period of nearly two years, but is also
believed to have bearing upon the
constitutionality of the existing gov
ernment of the Philippine Islands and
Porto Rico, and the power of the
United States to absorb and control
foreign territory as other nations do.
Many months ago Attorney General
Knox sent me commission as special
assistant in his department. in order
that my travelling expenses might be
paid by the United States instead of the
Territory. His department has pail
the Supreme Cuort fees, etc. He and
the solicitor general have extended
every possible courtesy to the Territory
and to me in this matter. and one or
both of them will take part in the ar.
gument. In a word, the Federal ad.
ministration has virtually made this
case its own; at the same time, the
Attorney General and Solicitor General
have requested me not to fail to go on
and take part in the argument, urging
In the strongest terms their belief thaI
II is essential TO full presentation OF
the case that lawyer familiar with
Hawaiian law, history and conditions
should be associated with them. II 4
should resign this duty by cable and
substitute be appointed by cable, he
could not prepare for the argument in
the time that now remains. Neither
would my failure to attend be ground
for pOstponement. Under these circum-
stances | feel that | cannot, in honor,
or with due respect to the Federal
authorities, neglect the work set for
me to do, and that the honor and inter-
ests of the Territory will not permit
me to neglect it.
On the other hand. the coming ses-
sion OF the Legislature promises to be
an epoch in the history of this Terri
tory-the initiation of municipal and
county government and much othe"
legislation of an exceptionally import
ant character-and think It is due to
the members Of the legislature and
members OF the Territorial admins
tration that the official head of the law
department should be at their service.
II ! remain in office as Attorney Gen.
eral ! must of necessity choose be-
tween neglecting my duties here and.
neglecting my duties in Washington.
There is a plain way out OF this diff
iculty-my resignation and the appoint
n.ent OF successor. This will enable
the Attorney Generals department TO
be represented here by an official head
during the coming session of the legis-
lature. At the same time, II will en-.
able me to perform my duty in Wash
ington and 10 pay the Federal Depart
ment of Justice the respect which this
Territory owes to II.
A further consideration is to be taken
into account. You have expressed a
desire that | should have the Mankichi
case postponed, II possible, In order
that may remain in Office and be ere
during the session of the legislature.
] cannot ask oostponement on any
ground that courts recognize as sufH.
cient; and 1t seems to me that the
'course / am taking is the best one, not
only for the public service, but also for
me. There have been times during
the past year when could not minglo
with people and keep in touch with
public affairs; when could not fix
my mind upon my work, and was not
equal to the responsibilities of my Of
nve. No man can be at his best when,
for weeks together, he is able to get
,scanty sleep only from sheer exhaustion
or use of drugs. In October my ply
eician warned me that ] was on the