Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-08
The Senate's Rejection.

In the rejection of the nomination of
Judge John j. Parker to be an associate
justice of the Supreme Court the Sen
ate exercises its constitutional power
of advice and consent" in negation.
1t has on eight previous occasions thus
refused to confirm presidential ap-
pointees to the highest court. In each
majority of the Senate for the rejection
OF the nominee In this present case
there were several reasons, no single one
of which perhaps would have sufficed,
but in the aggregate they evoked bare
majority against the Presidents selec-
ton.
One of these reasons was the belief
on the part of some Senators that Judge
Parker is not sufficiently liberal in his
views to represent on the highest bench
the rights and interests of the workers
His decision in the case of a non-labor
union contract, though based upon the
ruling of the Supreme Court gave some
ground for this criticism.
Another reason, which may have
actuated some Senators, though it per-
haps cut both ways in the end, was
remark made by the nominee ten years
ago in the course of political cam
paign in his State, derogatory to the
political aspirations and activities of
Negroes in that section.
Another reason was that evidence ap-
peared that the selection Of Judge
Parker was perhaps inspired by political
motives.
Still another reason was that certain
Senators desired to rebuke the Presi-
dent on general principles, and any
nominee for the Supreme Court, from
whatever section or State, of whatever
personal, judicial or political history,
would be opposed for that end alone.
Against the personal character of the
nominee no accusation or criticism was
raised. His legal ability was not i'm
pugned. Had it not been for the yellow
dog labor contract decision, had It not
been for the unfortunate remark on
Negroes in politics made decade ago,
had it not been for the voluntary ex-
preston by subordinate member of the
administration that the selection of this
man would be a master stroke" in
politics, the nomination would probably
have been confirmed. With any one Of
these factors eliminated the appoint
ment would have been ratified. With all
Of them absent it would doubtless have
been approved promptly and without
rancor Of opposition and by q con-
siderable margin.
But with all of these factors absent
there would still have remained the dis
position on the part Of the anti-admin-
istration faction in the Senate of Re-
publican designation but of doubtful
loyalty to the Republican party to en-
barrass the President by opposition to
his wishes and his selections for office.
The rejection of Judge Parker's name
may, with all the incidental specific
factors discounted, be reckoned as a
defeat Of the administration by mem
bers of the party which is responsible
for its record of achievements. And yet
1t is not crushing defeat, nor one that
will figure heavily in the reckoning in
1892.
The President may have been badly
advised in his selection Of Judge Parker,
perhaps not fully informed concerning
his judicial record or his re-judicial
political experiences. But this rejection
Is not reflection upon his own judg-
ment. Assuredly the President is to be
praised for holding the nomination be-
fore the Senate in the face Of OPPOSE
ton, thereby placing upon that body the
responsibility for the negative decision
that has just been rendered. His now
is the task and the opportunity to Sc.
lect another man for the highest bench,
and he has a. large field Of competents
from whom to make his choice.
The tariff IN another ne those craak