Frank H. Rudkin (April 23, 1864 – May 3, 1931) was a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

and previously was a United States district judge of the

United States District Court for the Eastern District of Washington The United States District Court for the Eastern District of Washington (in case citations, E.D. Wash.) is the federal district court whose jurisdiction comprises the following counties of the state of Washington: Adams, Asotin, Benton, Che ...

Education and career

Born in Vernon Township, Trumbull County,

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

, Rudkin attended

Washington and Lee University , mottoeng = "Not Unmindful of the Future" , established = , type = Private liberal arts university , academic_affiliations = , endowment = $2.092 billion (2021) , president = William C. Dudley , provost = Lena Hill , city = Lexingto ...

and

read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...

in 1887 to enter the bar. He was in private practice in

Ellensburg Ellensburg is a city in and the county seat of Kittitas County, Washington, United States. It is located just east of the Cascade Range near the junction of Interstate 90 and Interstate 82. The population was 18,666 at the 2020 census. and was ...

, Washington Territory (State of

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...

from November 11, 1889) from 1887 to 1890, and in North Yakima (now Yakima), Washington from 1890 to 1901. He was a Judge of the Superior Court of Washington from 1901 to 1905, and of the

Supreme Court of Washington The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire ...

from 1905 to 1911.

Federal judicial service

Rudkin was nominated by President

William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

on January 17, 1911, to a seat on the

vacated by Judge Edward Whitson. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on January 31, 1911, and received his commission the same day. His service terminated on January 17, 1923, due to his elevation to the Ninth Circuit. Rudkin was nominated by President

Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party, he was one of the most popular sitting U.S. presidents. A ...

on January 5, 1923, to a seat on the

vacated by Judge

William W. Morrow William W. Morrow (July 15, 1843 – July 24, 1929) was a United States representative from California, a United States district judge of the United States District Court for the Northern District of California and a United States Circuit Judge ...

. He was confirmed by the Senate on January 9, 1923, and received his commission the same day. His service was terminated on May 3, 1931, due to his death from

heart disease Cardiovascular disease (CVD) is a class of diseases that involve the heart or blood vessels. CVD includes coronary artery diseases (CAD) such as angina and myocardial infarction (commonly known as a heart attack). Other CVDs include stroke, hea ...

at St. Joseph's Hospital,

San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...

Notable cases

Territory of Hawaii v. Anduha, 48 F.2d 171 (9th Cir. 1931) -This case involved an appeal by the Territory of Hawaii concerning "the validity of a statute of the territory of Hawaii providing that any person who shall habitually loaf, loiter, and/or idle upon any public street or highway or in any public place shall be guilty of a misdemeanor, and punished as therein provided." Speaking for the court (which upheld the judgment), Judge Rudkin stated in part: "It is a matter of common knowledge, of which we must take judicial cognizance, that the majority of mankind spend a goodly part of their waking hours in whiling or idling the time away, and much of that time is spent on public streets and highways and in public places. Daylight saving laws have been enacted in order that those employed during the day may have more time at their disposal for recreation and pleasure; more time to idle, loiter, and loaf. On our streets daily are seen hundreds and even thousands of idle men who have nothing to do and no place to go, through no fault of their own, and are we to add to their misfortunes by declaring them lawbreakers and criminals?"

References

Sources

* {{DEFAULTSORT:Rudkin, Frank H. 1864 births 1931 deaths 20th-century American judges Judges of the United States Court of Appeals for the Ninth Circuit Judges of the United States District Court for the Eastern District of Washington Justices of the Washington Supreme Court People from Trumbull County, Ohio United States court of appeals judges appointed by Warren G. Harding United States district court judges appointed by William Howard Taft United States federal judges admitted to the practice of law by reading law Washington (state) state court judges