The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-20
THE CAREER OF JUDGE PARKER
Decisions That Show Calm, Broad Judicial Mind
Supported by Plenty of Backbone
(The Green Bag.)

been making twenty thousand dollars a
year for ten years, 1 should not mind
taking five thousand dollar place in
Washington
Later IN the same year. the offer was
authoritatively made to Parker of the
Democratic nomination for Lieutenant
Governor of New York, but this, too, he
declined
The time was at hand when Parker
should definitely retire from politics, al
though he was not yet half through his
thirties. On the urgent solicitation of tne
Democratic leaders. Parker consented. IN
the autumn of 1885, to act as chairman
of the Democratic Executive Committee
IN the State campaign. That campaign is
still spoken Of as one of the most efficient
and successful campaigns of the past gen.
Grafton. With practically no campaign
funds, Parker fought an uphill fight
wherein few hoped for success, and end
led the campaign with decisive victory.
Here hls political service came to an end,
for IN December of the same year, 1885,
he was appointed to a vacancy on the
bench of the Supreme Court In the fol-
lowing year, he was elected ID full term
the Republicans paying him the comph-
ment OF running no candidate. He was
only thlrty-fve years old
In 1892 Judge Parker was appointed
to sit IN what was then the General Term
of the Supreme Court, a court composed
of three or four judges sitting en- banc
to review the judgments of their brethren
on the Circuits. Owing to the amount
and Importance of the business in New
York County, additional judges were sent
to the General Term there. and Judge
Parker has become known to the metro
polltan bar chiefly through his service as
a member of the General Term from 1892
until the Courts abolition by the new
Constitution of 1894. The present Ap-
pellate Division Of the Supreme Court
succeeded to the jurisdiction of the old
General Term, and when Judge Barrett
was disabled by illness from sitting in the
Appellate Division, and a Judge had to be
sent from up the State to take his place
it was the justices of the Appellate Divis-
ION themselves at whose request Judge
Parker was again assigned to the oner-
ous duties of the First Department. In
1897 he was elected Chief Judge of the
Court of Appeals by a majority of over
sixty thousand The State had given a
Republican majority Of over two hun
drcd and fifty thousand a year before.
| propose to confine myself to Judge
Parker's judicial caceer since assuming
his present office.
Every lawyer knows that it is a very
difficult thing TO discover in the report
ed opinions of a single judge any funda-
mental and characteristic Qualities run
ming through them ALL Facility in af-
fording this Is apt TO increase inversey
with the competence of the Judge. Dis
tinctlon IN style. for example, postulates
large gift of Imagination; and the sober
traditions of the bench have pretty uni
formly and doubtless wisely repressed any
imaginative tendency in writing judicial
opinions.
Seldom do modern judges reveal a dis
tinctiye tendency of thought. But when
man with Judge Parker's marked gift
of original and forceful thinking is
brought face to face with the novel and
pressing problems now coming before our
modern courts. and markedly before our
Courts of Equity. it is inevitable that
his personality should find adequate ex-
preston In insurance cases Judge Par
ker has shown a decided tendency to en-
force the strict letter of the policy, even
to further extent than seems to be
required by the drift of the modern de.
cisions. His second opinion. written af-
ter he became Chief Judge, dissented
vigorously from the Courts decision that
under the standard policy in its then
form, cancellation of the policy was not
effected merely by notice to that effect
from the company, but that the pro rata
premium must actually be returned. So
again Judge Parker wrote an opinion dis
senting from the conclusion of the Court
that the medical examiner on an appli-
cation for life insurance policy does
not become the agent of the insured be-
cause the policy stipulates that he does.
Continued on Third Page.)