Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-01
Selection of Judge Parker
Raises Only One Major Issue

Only one issue has been raised in
connection with the appointment of
Judge John ]. Parker of North Carolina
by President Hoover as a member of the
United States Supreme Court. That
issue relates to an injunction in a West
Virginia mining controversy, in which
Judge Parker, in the Circuit Court IN
1927, ruled against the violation of con-
tracts between employers and individ-
ual employees. While this point is be-
ing debated. many newspapers of North
and South, Democratic and Republican,
uphold his fitness for the higher post.
Taking up the labor question, the
Roanoke World-News points out that,
while 1t has been represented that union
members would oppose Judge Parker,
"the appointment has the. approval of
labor in Judge Parker's home State and
Is especially approved by the State
president Of the Federation of Labor Of
North Carolina" The World-News also
states: ut is not questioned that the
injunction in the West Virginia case,
sustained by the Circuit Court of APP
peals Of which Judge Parker was a
member, terminated mine warfare there
with defeat for the miners. But before
1t can be concluded that Judge Parker
Is unfriendly either to unionism or to
labor generally, one must study the
conditions under which that Injunction
was granted. The Constitution itself is
quite emphatic in its statement that
neither court nor Congress can impair
the obligation Of contract"
y +
''In the long rum" advises the Brook
lyn Daily Eagle, organized labor will
be the beneficiary of having strenuous
upholders Of contracts on the Supreme
Court bench and not the sufferer from
such selections. For that reason the
protest against Parker is an error of
strategy which the American Federation
OF Labor may come to regret In even
the near future"
Whether or not Judge Parker's de-
ciSion was sound law" according to the
Springfield Republican, remains a mat
ter of difference of opinion. Senator
BOrah is quoted as having declared at
the time the decision was made that it
was not sound" The Republican fur
Their concludes as to this part of the
appointee's record: THE bearing of the
issue on the eligibility of Judge Parker
as q candidate for promotion to the SUI
preme Court is not dependent upon
what the Supreme Court might have
decided regarding the SoundneSs of his
Judgment in this particular case, If It
had come before it. He may have been
honestly mistaken and yet have a rec
ord attesting the high quality of his
learning and his judicial temper. In
deed, it is understood that the investi-
cation which the Attorney General has
made of the judges record has fully
satisfied President Hoover. The uues-
ton raised, and one upon which this
case may possibly shed some light, is
simply whether or not Judge Parker is
to be regarded as a conservative or q
liberal in his Interpretation Of the Con-
stitution."
X n y X
Merit in the discussion is empha.
sized by the Raleigh News and OBJ
server, with the statement as to its
value: "A judge who is intensely pro-
labor In his convictions is as undesira-
BILE judicial timber as one pro-capital
Certainly, any fair review of a Judge
who has been on any bench long enough
to be worthy of consideration as a men,
Der Of the United States Supreme Court
will show whether his decisions have
been biased by the sort of convictions
which ought to be foreign to the judi
cial temperament. The interest Of op-
posing schools Of thought and action In
the complexion of the judiciary is q