The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-16
It Will Date From
January
3lst.
He Will Be Absent
When Needed
Here.

Attorney General E. P. Dole yester-
day rendered his resignation to Gov
erner Dole and it was accepted, to take
effect January 81.
REASONS FOR RESIGNATION.
Mr.. Dole's reasons for this step are ILL
health and the necessity for his alb
sence during the next few months at
Washington in the Osaki Mankichi
case, when the services of the Attorney
! General would be greatly required in
assisting the legislature. The following
is the letter of resignation:
To His Excellency Sanford B. Dole,
! Governor of the Territory of Hawaii.
Sir: Nearly a year ago, owing to the
| illness of Mr.. Justice Gray, the Manh-
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 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
constitutionality 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 a 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 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 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 strong |
est terms their belief that it is essential |
to a full presentation of the case that |
a lawyer familiar with Hawaiian law, |
history and conditions should be asso- |
ciated with them. If I should resign |
this duty by cable and substitute 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
feel that cannot, in honor, or with due
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 L think it is due to the members
Of the legislature and members of the |
Territorial administration that the Of
fetal head of the law department Il
should be at their service.
If 1 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 difficulty-my
and the appointment Of a
successor. This will enable the Attor-
ney Generals department to be repre-
sented here by an official head during
he coming session of the legislature.
At the same time, it will enable me
o perform my duty in Washington and
o pay the Federal Department of JUS
ice the respect which this Territory
yves to it.
A further consideration is to be taken
nto account. You have expressed a de-
ire that I should have the Mankichi (
ase postponed, if possible, in order
hat I may remain in office and be here
Turing the session of the legislature
cannot ask postponement on any
round that courts recognize as suff1-
lent; and it seems to me that the
curse 1 am taking is the best one, no,
My for the public service, but also for
lie. There have been times during the
asst year when 1 could not mingle with !
eople and keep in touch with public 4
fairs; when 1 could not fix my MIND
pom my work, and was not equal to
ne responsibilities of my office. No
ian can be at his best when, for weeks
,gether, he is able to get scanty sleep
My from sheer exhaustion or use of ! !,