Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-03
WILL SERVE AS JUDGE
George c. Aukam to Preside
in the Police Court.
SAYS HE NEVER DECLINED
Designation Order Was Not Received
Until Today.
ARRANGES TO TAKE THE OATH
Remarks That Failure to Reply to
Kimball Letter Was Because Lat
ter Sought Controversy.
SAYS HE NEVER DECLINED
ARRANGES TO TAKE THE OATH

ter Sought Controversy.
Justice OF the Peace George c. Aukam.
designated by Justice Wright of the Dis
trict Supreme Court to serve as police
judge ad interim. says he has never de-
clined to serve in the capacity designated.
The order of the District Supreme Court
was not received by Mr.. Aukam until the
delivery of mail this morning. He imme-
diately proceeded to the City Hall and ar
ranged to have the judicial oath admin
istered TO him.
After Justice Wright decided the law
was mandatory Mr.. Aukam declared he
has always bowed to that decision and
awaited only the formal notification by
certified copy of the order of designation
before serving on the bench of the Police
Court.
The impression that Mr.. Aukam had
declined to serve on the bench of the
District branch of the Police Court proba-
bly, originated from his refusal. given
personally to Judge Mullowny shortly be-
fore the latter's departure from the city.
Mr.. Aukam said today that he had SO eX-
pressed himself to Judge Mullowny. but
that his refusal was based solely on the
fact that it did not lie with Judge Null
lowry to appoint or indicate his tempo
rary successor
To O6ciate Tomorrow.
THAT authority rests solely with the
justices of the District Supreme Court"
Mr.. Aukam said, land my arrangements
to take the oath were made today as
soon as l received the certified copy Of
the designation made by Justice Wright.
| expect to take my seat in the District
| branch of the Police Court tomorrow
morning. and to officiate there. so far as
it does not interfere with the duties Of
my office.
Further explaining his attitude in the
matter of service in the Police Court, Mr..
Aukam said that he had contended from
the beginning that the word may" In
the statute in his opinion might be con-
strued by the justices of the Supreme
Court as giving discretion to designate
or not to designate justice of the peace
to act for a Judge of the Police Court
during the latter's vacation or other vol
untary absence.
Receives Two Letters.
Mr.. Aukam admitted he had received
the two following letters from Judge Kim
ball Of the United States branch of the
Police Court:
July 2. 1908.
my Dear Sir: 1 am Informed officially
that you were designated on yesterday
by Judge Wright to act as judge OF the
lowry during his absence from the city,
he now being absent on his regular vaca-
ton
II am told by Mr.. Pugh, assistant cor
poration counsel. that you declared IN ms
presence that. withstanding the desig-
nation of Judge Wright. you would not
take the oath of Office and you would
not serve as acting judge of the Police
Court during the absence of Judge Null
lowry. l write to ask you whether my
{,,fn q he fore taking FUR
Their steps.
THE hour for opening said court has al
ready passed. and you not being present l
write this letter for the purpose OF ascer-
tanning whether or not you intend to serve
as acting judge of the Police Court"
Communication of Today.
July 3. 1905.
My Dear Judge:
Il respectfully call your attention to
my letter of yesterday, to which have no
answer asking you whether my informa-
ton that you had declared that you would
not take the oath of Office or serve as
acting judge OF the Police Court In place
Of Judge Mullowny. now on vacation. you
having been designated by Judge Wright
of the Supreme Court OF the District OF
Columbia, was correct.
That letter was handed you by a
bailiff of the Police Court, and as he re-
ported to me. you had not time to write
an answer then. but would do so later.
Your refusal to act Of such be the
fact will cause great trouble. not only
to prisoners entitled to jury trial. but to
officers VINO are compelled to remain in
attendance on the Police Court when they
Fought to be on their beats or taking their
rest at home, and also to citizens who are
required this hot weather TO remain in
court waiting for their cases to be called
May l ask an Immediate answer to my
letter."
Evidently Sought Controversy.
Mr.. Aukam sad he had not answered
the letter of July 2. because 1t evidently
sought controversy concerning events
that occurred before Justice Wright, and
in which he was not at all interested, and
also because the letter carried a threat.
He said that he would answer the letter
of July 3 as soon as he could find time to
do so.
In speaking of the Interpretation of the
law which was attributed to him by
Police Court officials. published IN The
Star yesterday, Mr.. Aukam said that he
had made no such Interpretation. and that
the only contention he had made was
that the Supreme Court justices. in their
own discretion. might construe the mean
ing of the word may in the statute.
What Judge Kimball Says.
Judge kimball. in conversation today
with a Star reporter regarding the mat
ter, was non-committal.
Il do not care to make any lengthy
statement regarding this matter" the
Judge said in reply to q question, Eek
cept to say that I have had no written
reply from Mr.. Aukam as to whether or
not he proposes to assume the duties of
judge of the District branch of the Po-
lice Court. The only replies received
have been verbal through messengers.
An important communication in ref
erence to this matter was received by
me today from j. r. Young. clerk OF the
District Supreme Court, replying to my
communication asking whether Mr..
Aukam had been officially notified OF
his designation to serve. The commune
cation from Mr.. Young sets forth that
Mr.. Aukam's official designation has
been forwarded to him and that the
writer understood from one of his as
sistants that Mr.. Aukam would call at
the clerks office some time today to ask
that the police judges oath be ad-
mnistered to him. Further than this l
do not care to say anything"
PLAN A BIG FOURTH.
Eo1Lc at ncaon Citu NJ r Arropro