Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-31
COURT CLOSES
District Branch Not in Session
on New Year Day.
FIRST TIME IN HISTORY
United States Branch Will Do Busi-
ness According to Custom.
JUDGE AUKUM SETS FASHION
Lawyers Hesitate to Pass Judgment
on His Authority to
Shut Up, Shop.

| AAoe ~ r S~@Sp'
For the first time since the organize
ton of the Police Court, covering a period
of about forty years, adjournment was
| taken over New Year.
This morning. under instructions from
Acting Judge Aukum, sitting in the Dis
trict branch. the announcement that no
court business would be disposed of to-
morrow came at the conclusion of todays
| business. To say the court attendants
were pleased as we'll as surprised is put
| ting it mildly.
| The unlocked for vacation for New
Year day was hardly anticipated. AS
the bailiffs were making ready to adjourn
| court until tomorrow morning, as the I'M
failing custom, in the memory of every
one about the building. the instructions
| from Judge Aukum to adjourn until jan
nary were greeted with smiles and mods
of approval.
Other Branch Works On.
Attendants proceeded to break the news
| to their less fortunate companions in the
United States branch.
Explaining his reason for taking adj
| journment. Judge Aukum said later:
| reason that there will be no great rush
of business in the District branch. I can
| see no reason why session should be
| held tomorrow morning under the cir
cumstances.
"Of course if there were a great crowd
| of prisoners to be tried and important
| cases pending adjournment would be out
of the question and the court would have
| no reason for every man in the court be-
| ing present for the disposal of possibly
a dozen cases of dsorderly conduct and
kindred offenseS. And, too, bailiffS and
| attendants are entitled to some consd-
eration.'
Since the organization of the Police
! Court sessions on legal holidays have
been looked upon not only as legal
necessity, but unalterable custom. The
action of today opens the way for strict
Interpretation of the laws governing legal
holidays in the District and those gov
erning the sessions of the Police Court.
What Law Has to Say.
a search of the law reveals two sec
tons of the code which bear upon the
| subject. according to prosecuting officers
and other lawyers about the courts The
first is section fifty of the laws govern
ing the terms OF the Police Court and
reads as follows:
THE said Police Court shall hold a
term on the first Monday of every month.
and continue the same from day to day
as long as it may be necessary for the
transaction of it's business"
Section No. 1889, referring to payments
on negotia BILE instruments, declares in a
positive manner what are legal holidays
in the District, and also declares these
holidays legal for all purposes. The par
ticular part of the section follows:
THE following days in each year, name
Iy, the first day of January, commonly
called New Year day: the odd day Of
February, known as Washingion's birth
day; the Fourth of July. the 30th day of
May. commonly called Decoration day:
the first Monday in September, known as
Labor day: the 25th day of December,
! commonly called Christmas day; every
Saturday after II o'clock noon, and days
appointed or recommended by the Presi
dent of tie United States as a day of
public fasting or thanksgiving. and the
day of the inauguration of the president
in every fourth year. shall be holidays
in the District for all purposes
Another Question Involved.
In line with the discussion upon these
two particular sections of the code, the
question also arose of whether or not
one of these legal holidays. to all intents,
so far as the Police Court was concerned,
could be termed a dies non,' and, If
such were true, whether or not a judg
ment rendered upon such days could be
legally sound.
The adjournment today recalled to the
older persons about the Police Court an
opinion, rendered about twelve years ago
by Henry E. Davis, at that time United
States attorney. whether or not the Police
Court could legally adjourn upon these
recognized holidays.
The question was agitated at the time
At the request of Judge Ivory u. Kim
ball. the then United States attorney
gave an opinion that Police Court ses-
necessity, and based his conclusions upon
what Is known as the old law, which has
since been superseded by the code.
The particular section upon which Mr.
Davis rendered his opinion was quite
similar to section 30 of the code. except
provisions and referred more specifically
TO terms and daily sessions of the court.
Attorneys Are Cautious.
Attorneys in the building do not ex-
press any decided opinions as to whether
or not the action of Judge Aukum came
within the legal provisions governing the
Police Court. A large majority pre-
ferred to keep silent until there was more
opportunity to look into the various sec
tons of the law governing the subject.
At the close of the days business In the
United States branch of the court Judge
Mullowny ordered the usual adjournment
taken for the day. The court will meet
as usual tomorrow morning at o'clock.
The adjournment Of one branch and the
session of the other branch of the court
will necessitate the separation of the
prisoners in the various police stations
tomorrow. District prisoners will be held
for