The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-01-16
RESIGNATION
IS ACCEPTED
GENERAL E. p. DOLE
GOES TO ARGUE MANKICHI
CASE AT WASHINGTON.

The resignation of Attorney General
+. p. Dole dated sometime ago, ana TO ,
take effect January 81, has been sent to |
the governor as was stated exclusively /.
in the Star yesterday. reply ac- |
cepting it was sent during the after I.
noon, the governor expressing his re- !
grets at the attorney generals retire I.
ment, and his appreciation of the work
E. p. Dole has done in the department. |
The following is the letter of resigna- |
ton:
ITO His Excellencv Sanford b. Dole, !
Governor of the Territory of Hawaii.
Sir: Nearly a year ago, owing to the
Illness of Mr.. Justice Gray the Manki-
chi case was submitted on briefs with
out oral argument. In view of the far
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 2.
This case involves not only the valid
ity of civil and criminal trials here for
a period of nearly two years, but is also
believed to have a bearing upon the
consttutionality of the existing gov
eminent of the Philippine Islands and
Porto Rico, and the power of the Unit
ed 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 expense might be
paid by the United States instead of the
Territory. His department has paid
the Supreme Court 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 argument
In a word. the Federal administration
has virtually made this case it's own;
al 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 strong
est terms their belief that it is essential
to full presentation of the case that
a lawyer familiar with Hawaiian law,
history and conditions should be assoc
ciated with them. If l should resign
this duty by cable and a substitu be
appointed by cable, he could not pre-
pare for the argument in the time that
now remains. Neither would my fail
ure to attend be ground for postpone
ment. Under these circumstances
feel that 1 cannot, in honor, or with due
respect to the Federal authorities, neg
lect the work set for me to do, and
that the honor and interests of the Ter
ritory 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 Territory
the initiation of municipal and county
government and much other legislation
OF an exceptionally important character
and / think it is due to the members
of the legislature and members of the
Territorial administration that the Of
hclal mead of the law department
should be at their service.
IF remain in office as Attorney Cen
eral | must of necessity choose between
neglecting my duties here and neglect
ing my duties in Washington. There |
is plain way out of this dificulty-mv |
resignation and the appointment of a |
successor This will enable the Attor- |
ney Generals department to be repre- |
scented here by an official head during |
the coming session of the legislature
AT the same time, it will enable me |
to perform my duty i'm Washington and |
to pay the Federal Department of Jus
tice the respect which this Territory
owes to it.
"A further consideration is to be
taken into account. You have expressed
a desire that l should have the Manki-
chi case postponed, if possible, in order
that | may remain in office and be here
during the session of the legislature
l cannot ask a postponement on any
ground that courts recognize as suffi-
Client; and it 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 mingle 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 office. 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
rugs. In October my physician warn
ed me that / was on the verge of col