Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-22
FAVORABLE REPORT
| ON PARKER IS SEEN
Close Study of His Record
Likely in View of Fight
Made on Hughes.
Continued From First Page.)

in part upon the Hoch-Smith resolu-
ton. The court granted the injunction
on the ground that the commission had
exceeded its powers and had proceeded
upon erroneous principles of law. The
commission appealed and the case was
dismissed in the Supreme Court on the
ground that the questions involved had
become moot because of an agreement
entered into between the interested car
riers with the approval Of the commits
sion. Fer this reason, the decree grant
ing the injunction was reversed ana the
case dismissed, but the court made 1t
clear that the questions in the case were
not passed upon by the Supreme Court.
Another case of importance handled
by Judge Parker is that Of the Atlantic
Coast Line Railway Co. VS.. Standard
Oil Co. In this case the court went
at great length into the difference be-
tween an interstate shipment and an
interstate shipment from a point OF
distribution, and held that intrastate
shipments from point Of distribution
where the original interstate shipments
had ended were governed by tntrastate
rates. This case involved an exhauS.
tive Investigation of prior decisions.
The same question was decided by the
Circuit Court of Appeals Of the sixth
district contrary to the way the fourth
circuit decided it. The Supreme Court
denied certiorari in the fourth circuit
case and granted certiorari in the sixth
circuit case, and reversed the decision
Of the latter court, citing the fourth
circuit decision as authority, and say
ing. in addition: I'VE concur In the
reasoning and conclusions Of the United
States Circuit Court of Appeals for the
fourth circuit in Atlantic Coast Line
Railway Co. VS.. Standard OIL Co. Of
New Jersey ct al"
Simplified Procedure Involved.
An important question confronting
the Federal Courts Is that of simpliflca-
ton of procedure, and there are q num-
Der of decisions sustaining the modern
tendency to simplify procedure and not
deny relief to q litigant because he has
mistaken his remedy. In the case Of
Great American Insurance Co. VS.. john
son, the court, presided over by Judge
Parker, said:
"The distinction between law and
equity has not been abolished by the
recent statutes regulating procedure,
and party is entitled to have his case
tried on the proper side of the docket;
but the question here is not whether 1t
was error to try an equity case as an
action at law, but whether this court
should hold such error to be prejudicial
and award new trial, where all Of the
evidence in the lower court is before
us, where 1t appears that the case was
fully developed, and where the relief OBJ
tanned at law is exactly what upon the
record should have been awarded in
equity. We think not. In such case Jus
tice has been done and courts exist to
do justice, not to furnish q forum for
skill or proweSs"
The Supreme Court denied the appli-
cation for writ of certiorari In the case
Of the Great American Insurance Co. VS..
johnson, and it is believed that this
case marks distinctive step forward In
the liberalization Of Federal procedure.
Judge Parker was appointed to the
vacancy In the Supreme Court, caused
by the death of the late Justice Ed
ward Terry Sanford Of Tennessee. Not
for 70 years has the fourth judicial cir
cult been represented on the Supreme
Court. This circuit includes the States
of Maryland, Virginia, West Virginia,
North Carolina and South Carolina.
The last man on the supreme bench
from this circuit was Associate Justice
Daniel, who retired in 1850.
Fitness for ONCE Paramount.
President Hoover, in announcing the
appointment of Judge Parker, pointed
out that fitness for office was the most
consideration In making ap-
pointmentS to the Supreme Court. He
added, however, that when fitness had
been considered it was also important
to consider the distribution Of the mem
bers OF the court among the judicial
circuits indicating that this had been
factor In bringing his decision to
appoint Judge Parker.
Parker, Senator Simmons of North
Carolina said:
I'VE wanted o Democrat, but we
made 1t clear to the President that If
a Republican Is to be appointed we
wanted it to be Judge Parker. I think
that is the attitude of the North Caro-
lima delegation, of the bar and of the
people of the State.
Judge Parker is a young man, Q
very fine lawyer, and he has made q
very fine record. He has a high char
acter, is able and has q judicial tenn
permanent. He Is as good q man as
there is in the South"
Judge Parker is q graduate of the
University of North Carolina. He was
admitted to the bar in 1908 and began
the practice of law in his own State.
His home Is in Charlotte. He was ap-
pointed a judge of the fourth judicial
circuit by President Coolidge in 1925.
He served as q special assistant to the
Attorney General from 1928 to 1924, in
elusive.
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