Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-06
DECLARES JUDGE
HUTTON IS ALIEN
WAS NOT NATURALlZED, SAYS
DlSBARRED ATTORNEY
Judge in Reply Says He Has certifi-
cate Fully Establishing His
Citizenship in Min
nesota

That George H. Hutton, Judge of the
superior Qcourt, is not citizen of the
United States and holds his elevated
position illegally and has done so
since his election several years ago,
is the sensational charge made by
William j. Danford, the disbarred at
torney, in an affidavit filed with the
county clerk yesterday in his efforts
to have the court records purged OF
the disbarment proceedings and him
self reinstated as a recognized member
of the bar.
Accompanying his affidavit, Danford
filed notice that he would, at lO
O. o'clock May ID, ask Judge Hervey, pre-
siding in department seven OF the su-
perior court, to vacate the Judgment
of Judge Hutton in disbarring him
from practice.
Judge Hutton, when informed of
Danford's action, stated if any defect
in the proceedings incident to his be-
coming an American citizen existed 1T
must be a clerical error and one which
there could be no difficulty in reeti-
flying. Later in the day telephone
message was received from his home
in Santa Monica, stating that he had
found his certificate of naturalization
in his safety deposit box. 1t shows that
naturalization papers were issued to
Judge Hutton by Judge Caldwell of the
Scott county, Mimi, district court oc-
tober Is, 1897.
This fact, it is expected, will eff
fectively close the latest contention
raised by Danford in his efforts toward
reinstatement.
Applies for Writ
Danford was disbarred several
months ago on a charge of accepting a
fee to defend Katherine p. Smith in
the United States court when he was
not admitted to practice before that
tribunal. He made application to the
supreme court two weeks ago for writ
of mandamus to compel Judge Hutton
to show cause for refusing to settle
bill of exceptions on appeal, and after
hearing the argument a writ was or
dered by the higher court lnstructing
Judge Hutton to settle the bill.
Danford says he has made search
of the records of Scott county, Minn.,
where Judge Hutton lived with his
uncle. President Bridgeman of Hamtl-
ton university. after coming to the
United States from his Canadian birth
place. The result of this search, hc
saws. shows that Judge Hutton, other
than declaring his intention to become
a citizen, took no further steps in that
direction and that second papers were
never granted.
Filed with the papers yesterday is
the original copy of this declaration OF
intention, dated October q, 1891, as is
also a telegram signed by w. F. Duffy,
clerk of the district court of Scott
county, Mimi, stating that there is no
subseduent record concerning Judge
Huttons naturalization.
In the notice of his motion to strike
the disbarment proceedings from the
court records. Danford says he will
make the motion on the following
Grounds for Motion
"That the said George H. Hutton is
not de jure a judge of said court and is
not de facto a judge in this proceeding,
and never was such, and is without any
jurisdiction to act as such, and never
had such authority, and is ineligible to
the office of judge and cannot and
never could qualify therefor, for the
reason that said George H. Hutton is
not a citizen of the United States"
Judge Hutton, when told of Danford's
action, made the following statement:
II was born in Canada. went to-
live with my mothers brother Or.
Bridgeman, president of Hamilton uni
versity, ST. Paul, Minn., when 1 was
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