The Savannah morning news., 1904-09-23
PARKER DECISIONS
APPEALED FROM
TWO IMPORTANT OPINIONS
TO BE REVIEWED BY UNITED
STATES SUPREME COURT.

Both Cases Have a Political Flavor.
One Involves the CONSTITUTIONAL
ity of the Labor Law and the
other, the City Franchise Tax
Case, Involves Tax On Street
Railways, Gas Companies ana
similar Corporations Requiring a
state or City Franchise.
BY r. M. Larner.
Washington, Sept. 22.-Judge Parker
will figure in the proceedings of the
United States Supreme Court when
that august tribunal convenes in De-
tober term. Oct. 10. On the docket of
the court are two cases coming up
from the New York State Court of APP
peals, in which Judge Parker has a
personal interest. There is sufficient
political flavor in the questions in
volved to excite general interest in the
final review of the court of last re-
sort.
The most important case is that in
which Judge Parker delivered the opin-
ion of the court from which he has just
resigned the chief justiceship, to be-
come a presidential candidate. 1t in
wolves the constitutionality of the labor
law. The case is quite celebrated
throughout the Empire State. and is
known as the people of New York
against Lochner.
Grew Out of Bakers Troubles.
Under the labor law of New York
bakers are not allowed to work their
employees more than ten hours a day.
or sixty hours in one week. Lochner
was boss baker in Utica, and he was
charged with working his men a great
err number of hours than was permssi-
BILE under the law. He was convicted
and sentenced to pay fine and serve
short term of Imprisonment. He took
an appeal but the court upheld the
constitutionaiity of the labor law.
Judge Parker drew the opinion of
the Court of Appeals. representing a
majority of the court. There were
three dissenting opinions filed at the
same time, which makes the case be-
fore the Supreme Court all the more in
teresting, in view of the present agita-
ton of the labor question in national
politics.
Tax Franchise Case.
The other case is what is known as
the city franchise tax case, involving
a tax on street railroads, gas COM
panies and similar corporations requir-
ing a state or city franchise. In this
case the Court of Appeals was unani-
nous in sustaining the tax. Judge
Parker did not draw the opinion in
this case, but he Joined his associates
in the conclusion reached. The fact
that Judge Parker participated Iii
these two cases is alone sufficient to
give him prominence in Supreme Court
circles.
Not Member of supreme Bar.
Among members of the Supreme
Court some surprise was expressed at
the absence of Judge Parker's name
from the roll of members of the Su-
preme bar. He has never been adj
mitted to practice before the Supreme
Court, Notwithstanding the high ju-
dicial position he has so ably filled for
so many years. 1t is no reflection
upon his legal ability or his judicial
standing, but it seems quite remark
able that he never applied for admis-
sion to the bar of the highest court in
the United States. There are but few
men in the legal profession who have
attained similar eminence, who by
reason of modesty or otherwise, have
failed to enroll themselves as practi-
TONERS before the United States Su-
preme Court.
Judges Back From Vacations.
Chief Justice Fuller and the assoc
'ciate judges of the court, with their
families, are back in Washington for
the winter There is no further specu-
lation about the retirement of Chief
Justice Fuller. who by reason of age
and also tenure of service, is eligible for
retirement at full pay. A member of
the court, who enjoys close personal
relations with the Chief Justice, says
the latter is devoted to his work upon
the bench, he is enjoying excellent
health and he has no intention of set
ting a precedent for a chief justice to
resign. The records of the court show
that no former chief justice ever re-
signed. All of Chief Justice Fuller's
predecessors have been buried from
the supreme bench.
Not Hurrying Beef Trust Case.
No steps are being taken by Attor-
ney General Moody or any of his as
sistants in the Department of Justice
looking to the advancement of the
hearing of the famous beef trust case
before the Supreme Court It is said
that no motion of that nature is con-
templated, BECAUSE the government has
everything to lose and nothing to gain
by forcing the issue.
At present the injunction against the
beef trust stands. and by advancing
the case, the government takes the
risk of having the injunction over
ruled It is considered but a chance,
for it is believed that the court will,
in due time sustain the contention of
the government. In the meantime, the
government holds the position of van
tage, at least that is the Judgment of
the Department of Justice.