Charles Fremont Amidon
Judge Amidon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Amidon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Amidon treated public necessity as a central equitable consideration when private injunctive relief could disrupt essential winter fuel service.
“The writ of injunction is not a writ of absolute right. The plaintiffs in this case are applying to a court of equity, which from of old has been called a court of conscience. When it acts, it ought to take into view public as well as private rights.”
He found federal jurisdiction where the complaint asserted a right created by federal law, even if the anticipated defense raised only factual disputes.
“But when the complaint asserts a right created by federal law, it presents a suit which may properly turn upon a construction of that law; and such a suit ‘arises out of’ the law for purposes of federal jurisdiction, notwithstanding the defendant may raise only issues of fact by his answer.”
He sustained state legislation unless its constitutional defect was plain and palpable.
“Even if I were in doubt, it would be my duty to sustain the action of the state, for it is only when legislation is plainly and palpably unconstitutional that a court is justified in nullifying it.”
Procedural preferences
Amidon declined to create an equitable reopening power that the bankruptcy statute did not confer, despite recognizing the practical justice of such relief.
“The bankruptcy law has to be administered by human agencies. It is subject to the same mishaps as other legal proceedings, and, if justice is to be done, the power to relieve against such unavoidable accidents ought to exist. But, for the reasons above stated, it is not conferred by the present act.”
He treated statutory labeling sufficiency as context-specific and resisted an inflexible universal formulation.
“It is impossible to lay down any universal rule that will be applicable to all labels. Each case arising under the statute will have to he dealt with according to its peculiar features.”
He protected final judgments of coordinate courts from collateral correction of procedural error, reserving that work for direct review.
“Errors of that kind can properly be reached only by appeal or writ of error.”
Cautions
Amidon required guilty knowledge and would not treat witnesses following a defective official process as knowing perjurers.
“They are not guilty of the crime of which they are charged, because they had no guilty knowledge.”
He reviewed bankruptcy attorney compensation with attention to protecting the estate from disproportionate administrative expense.
“The fees are always subject to revision by the court, and they should be fixed with a view to the general scheme of the present bankruptcy act, to save the estate from being dissipated in the costs of administration.”
He required prompt outward steps toward occupancy before treating unoccupied land as a protected homestead.
“If he takes up his residence upon other property, and for months, as in this case, does nothing to prepare the homestead for actual occupancy, his mere mental intent to take possession of it as a homestead at some future time will not impress the homestead right upon the property.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“it is ordered that the demurrer to the information in the above-entitled cause be, and the same is hereby sustained.”
“The decision of the referee must be affirmed, and it is so ordered.”
“That order is so modified as to require Dir. Pierson to return only the sum of $95, and, as thus modified, it is affirmed.”
“I therefore advise you, gentlemen, that you ought to return a verdict of not guilty.”
“Let an-adjudication be entered in accordance with the prayer of the petition.”
“It is therefore ordered that the order of the referee be, and the same is hereby, reversed, and the trustee is directed to deliver to the plow company the farm implements described in its petition.”
“it is ordered that the trustee hold the property free of the claim asserted by the harvester company in its petition.”
“The motions to remand will therefore be denied.”
“The bill must therefore be dismissed, and it is so ordered.”
“It is therefore ordered that the order of the referee be, and the same is hereby, reversed”
“the application of the bankrupt for an order directing the trustee to set off the land above described to him, as exempt, is denied.”
“It is therefore ordered that the motion be and the same is hereby granted, and service of process upon the defendant is hereby quashed and the action dismissed.”
Caseload & timing
From public federal docket records for this judge.
The twenty reviewed decisions cover varied litigation but do not establish the distribution of Amidon's full caseload.
A historical record
Judge Amidon no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.