The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-12-17
Term As Federal JGrlst Ended
Automatically At Midnight
With Washington Silent
INQUIRY HE MADE GETS
NO REPLY FROM CAPITAL
Mr.. Holmes Of Bar Association
Advises Congress May Pension
Venerable Official

At twelve clock last night Hon.
Sanford p. Dole ceased to be a Judge
of the United States district court for
Hawaii, SO far as is known here.
Although Judge Dole cabled on Wed
nesday to Attorney General Gregory,
asking that Official if he could inform
him whether the President intended to
ask him to serve for another term, no
| reply was received from Washington.
Judge Dole 3 cable was as follows:
Tomorrow my term of office termi
mates. Neither the statute nor nv
commission provides for continuance
until successor is appointed or other.
wise, Can you inform me whether the
President intends to ask me to serve
for another termi"
Judge Dole s second six year s term of
office was made to expire on December
16-.yesterday. At midnight it expired
and Judge Dole automatically ceased
, to become a federal Judge. So far as
is known in Honolulu, Judge Charles
f.. Clemens Is now the only federal
judge in office in Hawaii
"Have you had a reply from Wash.
ington, Judgef" the veteran jurist was
asked late last night
"No, nothing Whatever" Judge
Dole replied,
Two Decisions Handed Down
Judge Dole's last day in Office was
signalized by his handing down deci-
sions in two admiralty cases.
In the case of the Inter Island
Steam Navigation Company against the
American ship HalcyOn, an action for
| salvage at Hilo, Judge Dole gave Judge.
ment in favor Of the local company for
$3.50, with costs of court and inter
est. He dismissed the damage suit of
Frank Sullivan against the American
Ship Edward NJ. ScwaIl, this being the
case instituted by 1.-THE millionaire
tlamps," three years and half ago.
Judge Dole was asked yesterday if
he. would hand down decision in. the
matter Of the application of Takao
Ozawa, the clerk who seeks to be nat,
uraliZed an American citizen.
81 can t, - the iurist replied. eff
j am not reappOinted, will not be
allowed to decide any ease previously
heard by me. Such is the law In
the Ozawa case, which involves serious
study and investigation of the laws
dealing with naturalizations, | have
been unable to find the necessary time
to render a decision up till now.
have been extremely busy with the cri-
minal calendar of the court the past
three months.
Relief For Judge Dole
A cablegram received from Henry
Holmes, president Of the Bar AssOcia-
ton of Hawaii, who is now in Wash,
ington, was referred to former Govern
or Walter +. Frear, vice president and
acting president of the organization
yesterday.
The message says that the hill, which
will be introduced in congress short
ly by Senator O'Gorman of New York,
providing for an amendment to the law
which grants full pay to mainland fed
eral judges on their retirement at the
age of seventy years and after ten
years of service on the bench, so that
! its provisions will apply to Hawaii and
particularly to the case of Judge Dole,
was being very favOrably considered in
Washington. Senator Overman Of
North Carolina is reported, according
to the measure, to be backing the
measure strongly.
1T is the intention of the measure,
as it is understood here, to make its
proposed provisio apply in the case of
Judge Dole, even though at the time
of its passage this jurist should be of
the federal court bench.
Even with the hours lapsing on the
final day Of Judge Dole second term,
many of his friends yesterday were
loath to believe that he would not be
reappOinted. 1t was argued that mas.
much as he had cabled to Attorney
General Gregory in the tenor he did
Judge Dole would have been advised
Immediately that he would not be re
appointed were such to be his fate.
No News is Good News
"No news is good newS,' as the
saying goes, and the fact that he was
not advised yesterday by Washington
| that the President did not intend to
| reappoint him was taken as an augurv
| that the local jurist Is name was still
under consideration by the powers
1 that be.
Today should bring news on the
judgeship situation from Washington,
| it is believed in well informed local
legal circles.
Horace w. Vaughan, assistantdistrict
attorney, who, up to u few days ago,
, was said to have the certainty of
appointment as successor to Judge Dole,
was reported yesterday to be rather
doubtful of his chances.
|