Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-02
DECLINES TO SERVE
Justice of the Peace Ignores
Courts Designation.
WILL NOT OCCUPY BENCH
Branch of Police Tribunal Again
Without a Head.
G. c. AUKUM'S VIEW OF LAW
Says He Cannot Be Required to Sit
Under the Existing
Circumstances.
G. c. AUKUM'S VIEW OF LAW

Notwithstanding he has been designated
by justice of the Supreme Court of the
District of Columbia to serve as Judge
Of the District branch of the Police Court
in the absence Of Judge Alexander X.
Mullowny. who is away on vacation.
George c. Aukum. a justice of the peace.
declines to SO serve. Consequently the
District branch of the Police Court this
morning was again without a head.
In order to facilitate the business Of the
courts and to prevent a larger accumu-
lation of pending cases. Judge Kimball OF
the United States branch of the court to-
day presided in both branches. but at a
late hour this afternoon the routine work
of the courts had not been concluded.
AS a result of a conference yesterday
afternoon between Assistant Corporation
Counsel Pugh and Justice Wright Of the
District Supreme Court. 1t is stated that
Justice Wright reached the conclusion
that it was his duty. in the absence of a
regular judge of the Police Court. to des-
ignate justice of the peace to act In his
place. In accordance with this decision
Justice Wright designated Mr.. Aukum,
and the latter was notified to that effect.
Declines to Serve.
Justice of the Peace Aukum. it is ex-
planned. promptly informed the Police
Court officials that he did not propose to
serve. on the grounds that the law re-
quires a justice of the peace to serve as
Police Court judge only during the dis
ability, sickness or death Of the presiding
judge. claiming there is nothing in the
section providing for a substitute during
the vacation or voluntary absence of a
Judge.
Nothing further was done in the mat
ter until this morning. After waiting an
hour or more. in the hope that Mr.. Aukum
would appear, Judge kimball was appeal
ed to. and 1t was decided that he should
carry on the work Of both courts as well
as possible under the circumstances until
the matter is definitely settled
Before reaching this conclusion. how
ever, 1t was agreed that communication
should be sent to Mr.. Aukum, formally
requesting him to serve. This communica-
ton was signed and forwarded by Judge
Kimball with a request for an immediate
answer. In writing. Mr.. Aukum replied
that he would not serve and a formal
reply to the communication might be ex-
pected later in the day.
Hold Second Conference.
A second conference was held. after
which 1t was intimated that in all prob
ability the matter will be referred to the
Department of Justice. Judge kimball
and other Police Court officials take the
view that a justice of the peace in re-
fusing to serve as judge violates a section
of the code.
The section of the statute in question
is as follows: Section 81. Disability of
judge-In cases of sickness. absence dis
ability, expiration of the term OF service
of or death of either of the judges of said
court any one Of the justices Of the Su-
preme Court of the District of Columbia
may designate one OF the justices of the
peace to discharge the duties of said
police Judge until such disa bility be re-
moved or vacancy filled. The justice SO
designated shall take the same oath pre-
scribed for the judge of the Police Court -
Jury Trials Postponed.
In view of the failure of justice Of the
peace to supply the temporary vacancy
caused by Judge Mullownys absence. the
sessions of the two courts have been par
ticularly long. and the witnesses. officers
and compliments subjected to incon-
venience. In addition the prisoners must
spend the time in small cells. Complaints
were many this morning.
Al the conclusion of the session Of the
United States branch of the court. short
ly before noon, Assistant United States
Attorney Ralph Given stated that in view
judge holding both courts until relief is
obtained, he will have to cancel his jury
trial assignment until the end of the
term.
A number of cases were scheduled for
trial this morning, in which the COM
planning witnesses were policemen who
had been on duty since II o'clock last
night.
The policemen were kept in court the
greater part of today. Most of them must
go on reserve duty at O. clock this after
noon and be ready to perform regular
street duty at midnight with practically
no rest.
Speaking of the situation and the stand
| taken by the justices of the peace Judge
kimball said today: 1T is not that judges
here attempt to shrk their duty when
shey object to presiding in both courts,
Aut it is simply for the sake of facilitat-
| ing business. l do not object to holding
both courts. that is not the question. 1t
is necessary to have both in session dur
ing the morning early as possible in
| order to permit witnesses to conclude
| their business here so that they may leave
within a reasonable length of time to at
| tend their regular daily duties, and for
| the purpose of relieving policemen as
quickly as possible in order that they ma y
attend to their official work or obtain
needed rest, and lastly. for the sake OF
| the prisoners who are cooped up here
| hour after hour waiting for trial"