Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-03


today mounted the bench in the United
States branch of the court, acting on the
srpposition that Judge Mills, as usual.
would preside over the District branch 1t
was suggested to Judge -Kimbau, however,
that, under the circumstances, Judge Mills
was not eligible to occupy the bench. The
point being ore of some Importance the
law on the subject was consulted. Section
Io4I of the Revised Statutes. relating to the
district of Columbia provides:
In case of sickness, absence or disability
OF the judge, either Of the justices Of the
Supreme Court of the District shall desig-
nate some justice of the peace to discharge
the duties of the police judge until such
disability be removed
Judge kimball at once summoned Judge
Mills. Assistant District Attorney Pugh and
Clerk Potts. and conference was held in
the room of Judge K.mball. When asked
his opinion. Mr. Pugh unhesitatingly ex-
pressed himself to the effect that Judge
Mills was not eligible to act. The statute
provides, stated Mr.. Pugh, that in case of
'sick Eess. absence or disability of the
judge" some one else could act The death
OF Judge Miller, Mr.. Pugh went on to say
created a vacancy in the office. There be-
ing no judge. no one can act in the place
until an appointment Is made by the Pres
ident.
Judge Mills gave it as his opinion that
with the death of Judge Miller his appoint
ment by the District Supreme Court as
acting judge was annulled. and he was,
therefor, not legally qualified to act.
Judge Kimball therefore concluded that it
would be necessary for him to look after
both branches of the court.
Situation at Court.
The situation is somewhat grave. Ordi-
narily the business is of such magnitude
that both courts are in session the greater
part of each day. 1t would seem utterly
impossible for judge to look after both
of fpna olnf
will probably be badly congested. The
Police Court differs from the District Su-
preme Court in that the majority of the
prisoners are arrested for minor offenses,
and 1t is generally believed it would be
unjust not to afford them a speedy trial
Under the circumstances, it Is stated by
those connected with the court that 1t
is incumbent upon the President to appoint
successor to Judge Miller at the earliest
possible moment, as 1t seems relief cannot
be afforded until such an appointment is
made by the President.
Attorney Mullowny's Tribute.
When the cases in the United States
branch Of the court had been disposed of,
Assistant District Attorney Mullowny an
nounced the death Of Judge Miller.
Death has left us in sorrow and to
mourn the loss of citizen who cannot be
replaced" said Mr.. Mullowny. He held
the respect of every one" He was true
and firm friend, just Judge, loving hus-
band and a devoted father. 1 do not see
how 1t will be possible to replace him. He
possessed great learning of the law, and
entertained broad views of life. Judge
Miller possessed extraordinary ability 10
detect the truth.
Although the Police Court is lower than
the District Supreme Court" continued
Mr.. Mullowny, questions Of great i'm
portance must be decided here. 1t was i'm
possible to raise point that he could not
decide at once without consulting author
ties, and give his reasons for his decision,
based on a principle of law.
He was Christian and God-fearing
man,. Mr.. Mullowny went on to say; lone
who was not hanpered with uncharitable
for him as a judge. but what can we do
Il knew Judge Miller nine years, and in
that time never Heard him utter an oath.
tanning. 1t is impossible for me-for any
ore-to find words to properly express our
sorrow. When the court adjourns I move
that 1t be in honor Of the memory of Judge
The Resolutions.
Attorney w. Calvin Chase, on behalf of
the bar. submitted the following resolu-
tons expressive Of the sentiments of the
members: 'n
They were to the effect that "God in His
wise Judgment has taken from us one who
has always been recognized as jur.st of
pre-eminent ftness.l one who possessed
Keen conception Of human nature, and en-
deayored to elevate his feeling. AS judge
OF the Police Court. we believe he carried
out, as far as possible, every rule that
would tend to advance the interest Of all
clients and members of the bar. We take
this opportunity to giving expression Of re-
spect- If he committed errors. they were
OF the head. and not the heart. He recog-
nized all men alike. He was not vim
dictive man. nor did he, have one enemy
to punish.
Whatever his faults may have been, let
US forget them. as no man is without them.
I'm the death of Thomas F. Miller the
bench loses one of Its most distinguished
judges; friend of humanity and a man
Of the people. and as a token of the high
esteem In which he is held by us. we tender
to his bereaved family our coincidence, and
when this court adjourns it be out of re-
spect to the distinguished deceased"
The paper was later formally adopted,
and ordered to be spread on the record Of
Continued ON Eighth paxal