The sun., 1904-08-06
CHIEF JUDGE PARKER RESIGNS
CANDIDATE FOR PRESIDENT OFF
COURT OF APPEALS BENCH.

with His Associates-Then Files
| His Resignation, Which Takes Eject
ImmeGfately-GOv. Odell VIII Appoint
His Successor, Who whl Serve Until
| Jan. IA Chief Judge Who VIII Take
once on Jan. I VIII he Elected.
EsoPUs, N Y, Aug. 5.-Alton B. Parker
ceased to be Chief Judge OF the Court OF
Appeals OF this State at 3:20 o'clock this
afternoon, when his resignation was filed In
the Office Of the Secretary Of State at Albany.
The Democratic candidate for President
is a private citizen now. A new Chief
Judge, who will serve until Jan. 1, will be
appointed by the Governor. At the No
vember election the people will vote for a
Chief Judge, who will serve until 1919.
Judge Parker has maintained when
as to the particulars OF his resignation or
non resignation that it was matter which
he would conduct in his own way and at his
own time, and his word was kept When
he left Rosemount this morning It was
known that he was going by West Shore
train as far as Kingston, but his real dest
nation was a secret.
The Judge was up at 545 O'Clock for
swim in the river. and after breakfast he
| went to work in his rear library At 10
o'clock he appeared on the veranda, ready
| for his somewhat mysterious journey.
He wore q gray cutaway coat, white vest,
| gray trousers and Panama hat, and car
ried an umbrella and a grip. Mrs. Parker.
Mrs Hall and one Of the children drove
with him to the station, where he bought
ticket to Kingston and chatted with
| Supervisor Long until the arrival OF the
| 1923 A. NJ. train. The Judge entered
| day coach and spent a part Of the time
| gossiping with Ulster county farmers who
were In the car, and the rest Of the twenty
minutes inSelling law stories to the news
| paper correspondents.
At Kingston Judge Parker left the train
| and sought the bootblack stand. His
| shoes were only half polished when the
| train, false to its promise Of ten minutes
| for lunch, began to pull out and the Judge
| had to run for it. tossing a dime to the
| bootblack. When the conductor came
along the Judge paid fare to Albany and
| the cat was out OF the bag.
He reached Albany at o'clock, rode to
Keeler's State street restaurant in trolley
car, took luncheon and then walked to the
Capitol. Five Of his associates were watt
ing for him In the consultation room OF the
Court Of Appeals. They were Judges
O'Brien, Martin, vann. Cullen and Werner.
Judges Gray and Bartlett are in Europe
and Judge Haight, who has been i'll, is in
the North Woods.
The six Judges were In consultation from
, until 3 O'Clock, when It was announced
that the Court Of Appeals was about to sit.
This session, remarkable In more ways
than one, was made possible by an order
drafted when the court took q recess on
June II. Tho order read a. follows:
Ordered. That this court take . recess from
this date to Monday, Oct. ., 1904. at o'clock
in the afternoon. at tho Capitol In tho City
OF Albany. there to proceed with the hearing
Of appeals. II a majority deems It necessary
to convene the court for consultation and
the handing down of decfsions. the adjourn
ment will be until the day designated for that
purp pose by the Chief Judge. when . further
adjournment will be taken until Oct. 8.
There was q necessity such as was pro-
vided for in the second sentence OF the order.
and that necessity was none other than the
determination OF Chief Judge Parker to re-
sign, determin alton which he and his col
leagues foresaw In June. They then reoos-
nized the Likelihood Of Judge Parkers nomi-
nation for the Presidency and realized that
II nominated he could not leave the court
until thirty-six days before election unless
proper provision was made. So when
Judge Parker was nominated the majority
-deemed 1t necessary" to convene to-day's
session. THE sun said weeks ago that
Judge Parker was 10 the mood to resign
before Aug. Q. and to-day's action proved
that he stuck to his idea.
When the panel door behind the bench
Of the court was opened to admit the Judges
at sos O'Clock the sole auditors Of the un-
usual proceeding were eight newspaper
men at the first table, who rose and re-
mained standing until the six Judges took
thsir seats For the first time, probably.
In the courts history no attorney was pres
ent. To add to the strangenees of the scene.
the Judges did not wear their robes, these
having been put in storage In June. Tho
crier Of the court was absent on his vacation
and his place was taken by one Of tho court
clerks. This clerk sounded the oyer a.
though the court expected any number Of
appeals to be brought before it. but NO ~
sponse came.
The clerk walked down to the centre OF
the room and then back to his place and
as solemnly sounded the terminer call
When he came to say 'the frst Monday in
Octo ber," the Chief Judge understood him
to say the first of October and corrected
him. The Ju dges rose and filed out through
the panel door. 1t all had been done In
two minutes and half 1t was announced
that the court had handed down sixty-six
decisions. The Judges remained in their
private room for ten minutes, and then the
Chief Judge ordered the admission Of the
reporters. He led them through the hne
library Of the court. showing the working
place Of tho great judicial body with evident
pride.
"Not bad place to work, he said. Then
he turned and went to his own private
chambers, where his associates sat.
Here IL where l was.' he said, and the
was" told for a certainty that his work
in the Court OF Appeals had been finished.
There was a tinge OF sadness in his tone.
He seemed to be considering the sorrow
OF leaving a place where he had worked
for years rather than the possibility OF be-
coming President But he had business
to do and he turned to it quickly. He