Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-29
BORAH CONTINUES
ATTACK ON PARKER
IN SENATE SPEECH
Western Senator Declares %
Republicans Are Against
JuriSt's Confirmation.
OSCAR De PRIEST ATTENDS
DEBATE ON NOMINATION
Idahoan Goes Into Details on "Yel-
low Dog Contract" Ruling
of Carolinian.
BY G. GOULD LINCOLN.

The second day OF the senate paIIle
over the nomination of Judge John j.
Parker of North Carolina to be an
associate justice of the Supreme Court
opened with Senator Borah Of Idaho
continuing his attack upon Judge
Parker.
Conflicting claims Of strength are
being made by the proponents and op-
ponents of Judge Parker. Opponents OF
Judge Parker insisted that there were
not enough votes to prevent the con-
firrnation Of the Parker nomination.
A Republican Senator from the Middle
West, who plans to vote against Judge
were opposed to his confirmation. II
that were true, only % Republicans
would be left to vote for Judge Parker,
and If the whole Senate were counted
it would be necessary to have 81 Of
the 80 Democratic Senators voting for
confirmation.
The debate on Judge Parker's NOM
nation crowded the Senate galleries
with visitors and also kept full mem
bership of the Senate in attendance.
One of the criticisms of Judge Parker
has been that during his campaign for
Governor of North Carolina in 1920 he
declared that the negro should not par
ticipate in political elections.
De Priest Visits Senate.
Representative De Priest of Illinois,
the only colored member of the House,
came into the Senate chamber to listen
60 %ka hot 20 Do
Senator Borah, who is opposing con-
firmation OF Judge Parkers nomination
because of decision handed down by
Judge Parker as a member of the Cir
cult Court of Appeals in the Red Jacket
Coal Co. case, today discussed in further
detail the implications of that decision.
The decision In the Red Jacket case,
he commended, upholdS the so-called
yellow dog contract" Of the mine own
ers with mine workers. This contract
denies the right Of a mine worker to
Join a union.
It has been contended on behalf of
Judge Parker that in his opinion in the
Red Jacket case he was compelled to
follow the decision of the Supreme
Court in the Hickman case, more than
q decade ago.
Senator Borah referred to a later
opinion of the Supreme Court in the
Tri-City case, which, Senator Borah
commended, considerably. modified the
Hickman case. In support Of his con-
tention he pointed out that Justices
Brandeis and Holmes agreed with the
majority opinion in the Tri-City case,
although they had supported minority
opinion in the Hickman case.
Have Right to Solicit.
The Idaho Senator declared that in
the Tri-City case the Supreme Court
had held that labor unions had right
to solicit membership among the mine
workers If there were no threats and
1ntimidationS and peaceful persuasion
was permissible.
II do not know why the Tri-City
case was ignored" said Senator Borah,
"by Judge Parker. do not know why
Judge Parker should have gone back to
the older case unless it was to establish
a ruling which he had in mind.
would not care to say that he was not
q good enough lawyer to realize that
the Tri-City case bore on this Red
Jacket Coal Co. case"
Senator Overman of North Carolina,
who is supporting the Parker nomina-
ton, interrupted Senator Borah to call
attention to the fact that there had
been threats, the use of force and vio-
lence, as brought out in the Red jacket
case.
Senator Borah replied that, of course,
the court had right to restrain where
there were threats and violence.
But the court went too far when 1t
also sought to restrain peaceful per-
Suasion," said Senator Borah. The
court had that very point before it."
Regards Issue Fundamental
Senator Borah said it was his conten-
ton that the Red Jacket case went fur
ther than any other, and that, in his
opinion, the sustaining of the Yellow
Dog contract was not necessary in order
to protect the property and the prop
erty rights Of the plaintiffs. The Sem
ator from Idaho declared that persua-
sion to breach that kind of contract
could not be regarded as unlawful In
and of itself.
In summing up the argument, Sen
ator Borah said he regarded the issue
as so fundamental that he could not
give his vote to place on the court a
man who had taken this position on
the question. Senator Borah said the
court is divided and this question is be-
fore it again and that If the Senate
puts Judge Parker on the bench 1T
would be In effect a decision by the
Senate in favor of the Yellow Dog con-
tract"
He closed his speech by saying that
q sacred duty rests on the Senate in
the matter of acting on nominations
He said the President makes appoint
rnents, but that the obligation of the
Senate is greater because from our de-
cision there is no appeal" He said the
Senate must take into consideration
everything that goes to make a great
Judge