Evening star., 1953-11-25
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UeCduSG ne U6lIcVeS his tenure
is indefinite and that any re-
moval must come for cause, /"
such as inefficiency. committing
an offense, or the like.
He added that while he and
the other two appeal judges had
been designated foreign service
reserve officers, who normally
have four-year terms, the law
setting up his court says that
judges must be removed for
cause.
Court Under State Department
(The court that Chief JUS
tice Clark headed is the high
est operated under a special
occupation law in the United
States zone in Germany. 1t
comes within State Depart
ment jurisdiction and the
judges are appointed by the
United States high commits
Sioner. This appeals court
and IL district courts in the
zone handle cases of Ameri-
cans and Germans charged
with violation of occupation
zone law. The type of cases
has decreased in recent years
as many were turned over to
West German courts.
(Chief Justice Clark, who
resigned from the United
States Court of Appeals bench
in Philadelphia in 1912 to en-
ter the Army, went to Ger
many in 1947 as legal consult
ant to Gen. LuciuS D. Clay,
then military governor. He
helped set up the court system
there in 1948 and was ap-
pointed chief justice of the
three-member appeals court.
Estate Department officials
explained that the term of
Office of the judges, including
Chief Justice Clark, was based
on their tenure as foreign serv-
ice reserve officersO
Sends Letter to Department..
Justice Clark made public to-
day a letter to the State De-
partment in which he blasted
his designation as surplus. JUS
tice Clark said his court has 142
pending, requiring six
work, and you would
have to appoint some one in my
place."
There was talk today that the
Lawyers Association
here would protest Justice Clark s
removal. The association presi-
dent. Franklin Potter of Holly
wood, Calf, sent a letter to
Commissioner Conant today say
ing that one less judge on the
court would result in the great
to litigantS."
Justice Clark said that his
recent criticism of Commissioner
Conant probably had started the
At the same time the Lawyers
Association named its committee
to investigate the reports of
overlapping, it adopted resolu-
ions condemning Commissioner
Conant for issuing a high COM
mission law providing that no
German official may be subject
% United States court action
without consent of the high
commissioner.
Offered Bail for One Defendant.
These developments followed
an attempt by Richard Knorr,
Union IN. j. businessman, to
have two German officials
brought into court for allegedly
blocking investigation into a
case in which he was involved,
Mr.. Knorr, jailed briefly by the
Germans, had been accused of
failing to pay taxes.
Justice Clark sprang to Mr.
Knorr's defense and offered to
give bail for his release. Justice
Clark also has criticized Com
Conant because some
Americans have been held in
German jails without bail and
without trial.
Left Bench to Enter Army.
Justice Clark, heir to the Clark
thread millions and grandson OF
the late Senator Simon Cameron
OF Pennsylvania, was appointed
to the United States District
Court in New Jersey by Presi-
dent Coolidge in 1924. He was
promoted to the Third Circuit
Court of Appeals at Philadelphia
by President Roosevelt in 1898.
Justice Clark resigned his court
post in 1912 to re-enter the
United States Army, in which he
had served in World War I as
a lieutenant colonel. After hi.
release from the Army in 1945
he tried to regain his seat on the
Circuit Court, but the United
States Court of Claims ruled
against him in 1916.