New Britain herald., 1930-04-29

tions of prejudice advanced by labor and negro organizations, was herald ed as the opening gun of an aggres- sive campaign by which the republi- can regulars hoped to obtain confir- nation of the nomination.
 Senator Borah of Idaho, a repub- lican independent, had the floor at the outset of the days session for a continuation of an address vigorously labor, Fess awaited the conclusion of Borah's speech, ready to assume the defense.
 Outcome in Doubt
 Meanwhile, the outcome of the battle was in doubt. Concededly the senate was closely divided upon the issue. The opponents of confirmation claimed enough votes to reject the nomination, but the administration group declined to admit defeat.
 The labor protest was based on a decision rendered by Judge Parker, as member of the circuit court of appeals, which upheld an injunction restraining the United Mine Workers from seeking to organize the en- ployes of the Red Jacket Coal and Coke company of West Virginia. The workers had signed the so-called Yellow Dog" contracts, under which they bound themselves not to join a union while in the company's en- ploy,
 The association for the advance ment of colored people objected to remarks made by Judge Parker as republican nominee for governor of North Carolina, in 1920, which it in terpreted as revealing a bias against the negro race.
 Debate Opened By Overman
 The debate began in the senate late yesterday, with Senator Overman of North Carolina, a democrat, urg- ing approval of the nomination. At the conclusion of his speech, he turn ed the battle for confirmation over to the administration group. Borah then opened the attack of the oppo- stion, passing his objections upon the Red Jacket decision.
 He asserted that Judge Parker in rendering this decision was not bound to follow the opinion of the supreme court in the Hitchman case as the administration and Parker himself have contended. The issue involved, he said. was that Parker had held that the United Mine Work CTS could not seek to have the Red Jacket employees break their con- tracts even by peaceful persuasion.
 The supreme court, Borah contin- ued, did not in the Hitchman case deny the unions right to solicit workers who had signed the "Yellow Dog" contract. He then cited the Tri- City case decision of the supreme court, which he said held that where there is no malice, deception, deceit or fraud, peaceful persuasion was not to be restrained.
 Two Chances Open
 His argument was that Parker could as easily have followed one supreme court decision as the other The Idahoan contended that the le- gality of the "Yellow Dog" contract had never been finally passed upon by the courts and added that Judge Parker's name was intimately con- nected with this form of contract because of the Red Jacket decision.
 He assailed the Yellow Dog con- tract, describing it a 'reprehensible" and "void" and termed it in addition an issue of importance not only to the unions but to tho states and the federal government as well.
 Avoids Labor Protest
 Oycrman made no reference to the labor protest other than to say it was among those that had been re- ceived. He denied that Parker was prejudiced against the negro race and said the negroes of his state were for him. He introduced numer- ous letters and telegrams endorsing the nominee, and spoke highly of his personal character and legal abil- ity.
 How can we judge him. he ask cd. except by what the lawyers say of him. All the lawyers in four states, the bar associations, the bankers, the university presidents, the college presidents, all speak of him most