The Washington times., 1904-07-27
PARKER To CLEAN
UP ALL BUSINESS
Plans Then to Resign From
the Bench.

ALBANY. July 27.-An official Of the
court Of appeals made the following
statement today concerning the pro-
posed resignation of Chief Justice
Parker:
when the court of appeals in June
adjourned until October there were a
number Of cases still undecided, but
which had been argued. These included
all the cases argued at the June term
and a number of cases left over from
preceding terms. Chief Justice Parker
sat with the other judges and partici-
pated in the hearing Of these cases.
Following the usual custom Of the
court of appeals. these cases will not
be finally decided until the court meets
In October when the vote Of the court
will be taken and the decisions will
be announced. Also following the Gus
tom Of the court a preliminary vote
was taken following the argument on
each case, and judges were assigned 20
write the majority and minority
opinions.
1T IS the custom TO have these opin-
Ions, when prepared. submitted 10 every
judge. and IL not infrequently happens
That one or more Of the judges change
their minds on a fuller consideration Of
the subject and sometimes the final
ierentiy from the preliminary vote.
Intended to Resign.
Some time since. when his nomina-
ton seemed probable. Chief Judge Par
ker communicated 70 his fellow-judges
his intention to resign from the bench
as soon as nominated. His associates.
without exception, objected 10 this
course. They pointed out that. entirely
h
is not required by the State cOnstitu-
ton. and that il was their personal de-
sire that he should continue on the
bench, IF he were to resign AT once IL
would seriously dlSaTauge the bust
ness Of the court and cause considerable
delay.
''Thc cases which were heard At the
June term would have 20 be reargued.
unless more than "a quorum sat without
Chief Judge Parker and the decision
preceding terms and which were uude-
cided by the court would also have TO
Doe rcaTgued, that is. 20 a great extent
the court would have to begin its work
over again from the point where its
. last decisions were handed down
Would Disorgauize Court.
Chief Judge Parker has always been
most considerable Of his associates and
most DESTROYS Of facilitating the bust
mess of the court. He recognized that
4 the carrying out Of his original intention
would not only disorganize and delay
the business of the court of appeals.
but would occasion much expense 10
/ counsel and liugants. lie therefore, at
tne urgent request Of his associates.
withheld az that time any announce
m-ut Of his resignation.
/ ''Iu the meantime Chief Judge Parker
I proc, eGcd 20 complete all the work as
/ signed 90 him. ana ] understand that
. his opinions are now ready nat how
. ever. cannot be said OF the opinions of
. other Judges who are enjoying their
. vacations. ana who are completing their
. work from time 10 time curing the
. summer I'm the usual manner.
/ Mention has been made iu the news
+ papers OF the fact that Chief judge
. Parker last week on the same day thai
. De nXed the time for his notification
/ addressed letters TO his associates III
/ the court. These letters were q reques
/ for % special session Of the court Of ap
po8IS. 10 be held AT "a date as soon as
POSSIBLE. al which all pending business
of the court IN which Chief judge
Parker had taken part could be dis
posed Of.
A Cleanup Session.
THE court of appeals can hold SEES
sion at amy time that II desires, au'
it is wholly i'm the power of the cour
o. announce its decisions on peudin,
, cases tn August instead Of October
That was the substance Of Chief Judg
. Parkers letters.
In my Judgment his associates vii
accede 20 his request. and as soon as
date can DE arranged 10 suit the cor
Z Vcuicuce Of the different members Of IN
81 court there will be a session Of the court
at which the pending cases In whic
Judge Parker sat viii be decided, an
then. with his work complete, Chic
Judge Parker will resign from III
d bench