Evening star., 1901-04-16
JUDGE COLES RETIREMENT
THE STARS ANNOUNCEMENT OF HIS
RESIGNATION CONFIRMED.
Will Resume Private Practice and
Have Charge of Potomac
Flats Case.


Justice Charles C. Cole of the District
Supreme Court today announced that he
will leave the bench Monday next, the 22d
instant, to resume private practice. In
ma king this announcement Justice Cole eX-
plained to a reporter of The Star that he
handed his resignation to the President a
week ago today, but at the earnest request
of the President had endeavored to keep
the matter from the public until such time
as Mr.. Mckinley desired it made public.
Put The Star" remarked the judge, nav
ing with it's usual enterprise gotten hold
of it and having announced it yesterday,
feel that 1 am at liberty to speak of the
matter"
The judge then went on to explain that
when he went on the bench, February IL,
1898, having been appointed by the late
President Harrison, he fully intended 10
hold the Office but four years. But the Illness
of his wife, and her desire that he should
remain longer induced him to continue TO
the present time when he concluded to
crafty his desire for return to private
life. The judge, while declining to so ad-
nit, did not say that the story that ne
is to be appointed special attorney for the
United States In what is commonly known
as the Potomac flats case is without foun-
dation. But, notwithstanding the 1act thal
Judge Cole declined to say anything upon
the subject 1t can be stated, upon tne
best of authority, that it is contemplated
to appoint him special attorney Tor tne
United States in this case.
Congress has authorized the revival OF
this case for the purpose of ascertalnlns
the values of wharf properties on the river
front from about Easby's Point TO Hles-
boro' Point, the United States Supreme
Court having decided that the tltle TO 1iie
river front is in the United Staees. Inns
tod Inf ho
in general term, that court having peen
granted special jurisdiction in the matter,
with the right of appeal dlrect 10 the
United States Supreme Court 1t Is pc
lieyed that the trial of the case Will con-
tinue for a year or longer, and 1t is expect
ed that when it is called up week from
today Judge Cole will appear as the spe-
cial attorney of the United states.
Native of Maine.
Judge Cole is native of Maine, having
been born in oxford county Of that state.
At The age of eighteen years he enlisted IN
the 18th Maine Volunteers, an infantry
regiment, and served for three years. He
entered the army as a private, was made
second lieutenant before he was twenty
years of age, and a captain before he was
twenty-one. He left the army with the lat
ter rank and was offered a commission in
the regular army as first lieutenant, Whlch
he declined. He went to Harvard UnlVersl-
went to West Virginia, where he pTacticed
law for eight years. While there he was
prosecuting attorney, city sollcltor LOT
Parkersburg, and president OF the board
of education. These positions he resigned
and coming to Washington in 1878 engaged
in the practice of his profession. March j.
1891, he was appointed by President Harri-
son United States district attorney for the
District of Columbia, and is admitted to
have been one of the best attorneys for the
government that ever held the position
The two cases of most importance In which
he participated as district attorney was the
Rock Creek Park condemnation case, being
associated therein with Mr.. r. Ross Perry,
who was the special attorney of the United
States, and in the Schneider murder case
His participation in these cases is believed
to have been responsible for his appoint
ment as a member of the District Supreme
Court.
His Record Judge.
AS member of the court Judge Cole is
regarded as having made most enviable
record. One of the most important cases
over which he presided was that known as
the sugar trust case, in which a number Of
men were prosecuted under sections 203 and
2O4 of the Revised Statutes of the United
States for refusing to answer questions put
to them by an Investigating committee of
the United States Senate. These men were
defended by some of the greatest lawyers in
the country, and they refused to answer
tHe questions upon tile duNlCe VI tHeil al
torneys, who held that the Supreme Court
in the Kilbourn case. had held similar sec
tions invalid. When the first of the cases
came before Judge Cole it was on de-
murrer, the constitutionality of the sections
being denied by the defendants. Judge
Cole, however, held the law to be constitu-
tional and upon appeal to the Court of APP
peals his position was sustained as it was
by the United States Supreme Court later
Judge Cole presided over many other i'm
portant cases, and it is said that his de-
cisons have particularly well stood the
scrutiny OF the Court of Appeals and the
Supreme Court.
Matter of Regret.
Judge Coles departure from the bench
will be generally and sincerely regretted by
all save the criminal portion of the COM
munty, whose dread of appearing before
him, especially when guilty Of burglary,
has long been a matter of common knoyl-