Evening star., 1953-12-10
The Political Mill
The Political Mill
U. S. Judge in Germany
Is Old Hand at Feudinq
Clark Once Got in q TuneIs
With Roosevelt and Lost
By Gould Lincoln

By Gould Lincoln
Judge William Clark of the United
States Occupation Court in Germany is
feuding again. He has been doing it
for years, but not always with the same
persons or officials. This time Judge
Clark is resisting the State Department.
which has been trying for some weeks
to pry him out of his job in Germany.
The departments latest move was
cable to Judge Clark from UnderSecre-
tary of State Walter Bedell Smith, suS-
pending Judge Clark and ordering him
to take the first available transporta-
ton home. Judge Clark's answer was
he intended to stay on the job in
Germany no matter what. His regular
term as occupation court judge ends
January 3. He had earlier been in
formed he would not be reappointed.
The State Department contends he was
surplus" and his services no longer
needed on the three-man court, which
is winding up the business of the oc-
cupation court. and turning cases back
to the German courts. In the mean
time he has been replaced by an aSso-
ciate judge, a move he has indicated
he will resist.
Judge Clark, who as Federal district
judge in New Jersey in 1880 handed
down a decision holding the Federal
prohibition amendment unconStitution-
al, has hit the headlines in the news
papers on many occasions. He was first
appointed Federal judge by President
Calvin Coolidge in 1925. He is a Repub-
lican. In July, 1888, he was elevated to
the United States Court of Appeals
by President Franklin D. Roosevelt.
Judge Clark had served in World War I
and had been decorated for gallantry
in action. When World War II came
along, he was off to the wars again.
This time he accepted a commission
as lieutenant colonel, and later was
promoted to colonel.
Nothing Doing"
He is said to have called on President
Roosevelt wearing his uniform under
his judicial robe, and they posed for
pictures. He submitted his RESIGNATION
from the bench. but the President threw
1t in a waStebaSket. Later, however.
President Roosevelt wrote judge Clark
that the resignation had better stand,
letter which was read to Clark by
radio-telephone while he was in Aus
tralia. Clark's reply was Nothing do
ing"
Judge Clark served throughout
World War II. President Roosevelt ap-
pointed Judge Gerald Mclaughlin to
fill the place on the Court of Appeals
left vacant when Clark accepted his
commission as lieutenant colonel. When
the war was over, Clark demanded that
he have his place on the United States
Court of Appeals restored. The Presi-
dent said no. So Judge Clark brought
suit in the United States Court of
Claims, under the CT Bill of Rights law.
He maintained he had never resigned,
that he had been appointed to the
Court of Appeals. lifetime job, and
that he was entitled to his old Office
The Court Of Claims did not think so
and threw his suit out the window.
The Government had contended that
when Judge Clark took the oath of
Office as lieutenant colonel in the Army,
and accepted the Army pay, he had
vacated his court job.
Aide to Gen. Clay.
In July, 1913, Judge Clark was APP
pointed by President Truman legal
counsel to Gen. LuciuS Clay of the
United States Military Government in
Germany, and in September of that
year he was appointed chief judge OF
the Military Government Courts in
Germany. Recent reports are that he
was at odds with United States High
Commissioner James B. Conant. ANY,
way, Clark was named head of a three
man group to investigate reports that
telephones in the offices of the High
Commission were equipped with record
ing devices. Clark has insisted he would
not quit his office as chief judge in
Germany even after January 3. when
his term expires. saying that he was
a United States judge and could be re-
moved only for cause. The State De-
partment says it is getting rid OF him
for economy"
Back in 1882, Judge Clark denounced
the New York Stock Exchange. He
called it gambling institution. Eighty
five per cent of bank failures, he said.
were due to speculation, and most OF
the speculation was done on the New
York exchange. He called stockholders
"cogS in rotten machine" Later still,
Judge Clark told a congressional COM
mittee that the United States patent
system was a racket and it lust about
made a monkey" of the inventor. Clark
is a native of Newark, N. j., and had
his first experience in legal practice and
as a Judge in his native State. He is
graduate of Harvard College and Har-
ward Law School. At 62, he is still fight
ing.