| Show Round Merry By DREW P PEARSON ARSON and ROBERT S. S ALLEN WASHINGTON The V The The man to keep your eye on to fill the immediate vacancy left by the re retirement retirement retirement re- re of Justice Sutherland of Utah is Harold Stephens also of Utah Stephens had a fighting record in the justice department now is a member of the court of appeals of the District of Columbia Columbia Columbia Colum Colum- bia where he is doing a brilliant job Another possibility is Judge Joseph C. C Hutcheson Hutche- Hutche I son Jr of the U. U S. S circuit court in Texas WASHINGTON WASHINGTON Probably Probably no member of the supreme court appreciated the situation but this week they handed the most sincere of all compliments compliments compliments com com- to a lower court judge who came within a hairs hair's of sitting with them on the supreme court The judge was John J. J Parker of the Fourth circuit court of appeals and the case was that of the Duke and Alabama Power companies in which the nine virtually reversed themselves to decide with Judge Parker That same Judge Parker was appointed to the supreme court in 1930 by Herbert Hoover but rejected by the senate liberals Ever since then they have regretted their mistake For Judge Parker has turned out to be a better liberal than many of them and the man appointed in his place place Justice Justice Owen J. J Roberts Roberts has has knifed some of the most important advances the senate liberals liberals' stood for Senate Liberals If the senate liberals had had more understanding understanding understanding under under- standing of human nature than of high-flown high principles they would not have erred so grievously W. W S. S Robinson who represented the power interests in the cases decided this week had better insight Talking to the opposition attorney during the hearings he said Parker tries to be conservative but he cant can't He just hasn't got it in him As a matter of fact John Parker got his start as a radical in the University of North Carolina Queer was what they called him the then He re refused refused refused re- re fused to join a fraternity claimed it was undemocratic undemocratic undemocratic un un- democratic said he didn't want any advantages not open to other boys Whereupon without advantages he be made himself one of the outstanding men of his lege generation a star debater football player and a candidate for congress on the Republican ticket when he was only 24 years old Being a Republican and in North Carolina he lost but butten butten butten ten years later he ran again as a Republican this time for governor J Supreme Court Battle It was at this point in his career that Parker m made de a statement destined to cost him his seat seaton seaton seaton on the supreme court Branded by Demo Democrats rats with their favorite campaign epithet for Republicans Republicans Re Re- publicans publicans Parker lover Parker tried to counteract its political effect by stating publicly that he wanted no negro support Participation of the negro in politics is a source of evil and danger to both races races' he said and is not desired by the wise men of either race or by the Republican party of North Caro Caro- lina This statement made in 1920 was dug up ten years later by Walter White White head head of the Asso Asso- Association Association Association for the Advancement of Colored People and it hurt just enough to defeat Parkers Parker's nomination nomination nomination nom nom- for the highest bench The A. A F. F of L. L also campaigned against him because a famous decision of his in a labor in injunction injunction in- in junction n case had upheld the yellow dog con con- tract T To this Parker replied that he had merely followed the then precedent of the s supreme preme court With this combination of forces against him Parker was defeated by a vote of 41 to 39 splitting splitting split split- tin ting the Republican party wide open It was the first time the senate had rejected a supreme court nomination in 36 years and the first out-and-out out reversal against President Hoover And today the very men who defeated him are applauding Parkers Parker's pro-new pro deal de de- de- de NOTE NOTE Among Among these Ed McGrady ex as secretary of labor then lobbyist for the A. A F. F of L. L rallied many votes against Parker now sees eye to eye with Parker on recent de de- de- de Parker is a good lawyer his decisions being clear and to the point When the Duke puke power case came before him Parker Imm immediately found in favor of the new deal decreeing that the public works administration did have h ve the for the power to lend money to municipalities erection of power plants This decision was sent on his to-his would-have-been would colleagues a year ago and in December 1936 they stalled They refused refused refused re re- re- re fused to make a decision and sent the case back to J Judge dge Parkers Parker's district court on the basis of ofa a technical or harmless error This December stalling which meant a full years year's delay for P W A loans on municipal power plants was the last straw which prompted Roose Roose- Roosevelt Roosevelt Roosevelt velt to make his supreme court fight Copyright 1938 fo for The Telegram |
