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

United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

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 for the following federal judicial districts: * Distric ...

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, Ch ...

Education and career

Born in Vernon Township,

Trumbull County Trumbull County is a county in the far northeast portion of the U.S. state of Ohio. As of the 2020 census, the population was 201,977. Its county seat and largest city is Warren, which developed industry along the Mahoning River. Trumbull Coun ...

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

, Rudkin attended

Washington and Lee University Washington and Lee University (Washington and Lee or W&L) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Lexington, Virginia, United States. Established in 1749 as Augusta Academy, it is among ...

and

read law Reading law was the primary 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 un ...

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 The Washington Territory was an organized incorporated territory of the United States that existed from March 2, 1853, until November 11, 1889, when the territory was admitted to the Union as the State of Washington. It was created from the ...

(State of

Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

from November 11, 1889) from 1887 to 1890, and in North Yakima (now

Yakima Yakima ( or ) is a city in and the county seat of Yakima County, Washington, United States, and the state's 11th most populous city. As of the 2020 census, the city had a total population of 96,968 and a metropolitan population of 256,728. The ...

), 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) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...

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 a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

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 (United States), Republican Party, he was one of the most ...

on January 5, 1923, to a seat on the

vacated by Judge William W. Morrow. 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 any disease involving the heart or blood vessels. CVDs constitute a class of diseases that includes: coronary artery diseases (e.g. angina pectoris, angina, myocardial infarction, heart attack), heart failure, ...

at St. Joseph's Hospital,

San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...

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 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