The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-04-03
PARKER a FRIEND OF LABOR.
washington Correspondent New York
HeraldD


Brooklyn took its fight for Judge
Parker into the house Of representa-
tives today, when Representative ]. ].
Fitzgerald put In the Congressional
Record long argument designed to
show that the chief judge of the court
or appeals Is one of the most Substan-
tial friends of organized and unorgan-
lied labor in this country.
The speech was diStinctively in the
direction Of forcing the fighting for the
Ulster county jurist. 1t is the bedrock
foundation for the Parker boom in con-
gress for the Democratic nomination
for the presidency.
1t cOvertly struck at the William r.
Hearst boom. landing on the very solar
pleXus OF that gentleman's ambition
to be the guardian of the rights of Ia
Dor. 1t did all this by simply reviewing
Judge Parker's record as a judge of
the court OF appeals in New York in the
cases he has decided touching the
rights of labor or the labOring man.
Seemingly in contrast TO these hard
headed and transformations decisions,
Mr.. Fitzgerald remarked at the outset:
There are many who are unable 10
discuss measures intended to benefit
the condition of the laborer or mechan-
ic without resort to language OF the
most Incorporate character"
Dor laws of New York and the litiga-
ton which has been had touching
them. The first case cited is that OF the
test of the act OF 1899 being the eight
hour law and the prevailing rate of
wage law" The latter law was de-
clared unconstitutional by the court
of appeals in the Rodgers case. But"
declared Mr.. Fitzgerald, "a vigorous
dissenting opinion was read by Chief
Judge Parker, and one also by Judge
Haight, in which the law was defended
as a proper exercise Of legislative pow
er and the contentious of the majority
or all points strongly consbatted."
This fact. Mr.. Fitzgerald contended.
was particularly significant in view of
a later decision, handed down January
oath Of the present year, which sus-
tanned the prevailing rate Of wage law
II so far as il relates to the direct en-
plOyes of the state or municipality.
In this decision the prevailing Opin-
ion of the court is written by Judge
Parker and the result is to obtain for
state and municipal employees the pre-
vailing rate of wages" paid for the
work they are performing, while the re-
suit of the opinion to which Judge Par
ker dissented was to deny this rate to
employees or contractors working for
the state or municipality thereof. Judge
Parker's language in the decision was
gressional Record, and was declared by
Mr. Fitzgerald to fully sustain the con-
tentions urged by Judge Parker in his
dissenting opinion in the Rodgers case.
Judge Parker was again found on the
dissenting side of the court in its opin-
ion, declaring the dressed stone law"
unconstitutional. Judge Parker again
followed his bent in the Rodgers case
in the interest of labor. The Convict
made goods law requiring all goods
sold in the state made by convicts TO
bear label stating that fact, was de-
clared unconstitutional by the court of
appeals, but again Judge Parker dis
scented, holding that simply to require
goods to be branded was not a prohibi-
ton Of their sale either by the state or
other states, and consequently did not
conflict with the Interstate commerce
clause of the federal constitution.
In the bakers case. decided in Janu-
airy, this year, Judge Parker was once
more on the prevailing side of the court
and read an opinion UNFOLDING a con-
viction in the lower court in punish
ment Of the violation Of the law limit