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Alton B. Parker

Alton Brooks Parker (May 14, 1852 – May 10, 1926) was an American judge. He was the Democratic nominee in the 1904 United States presidential election, losing in a landslide to incumbent Republican Theodore Roosevelt.

Alton B. Parker

Alton Brooks Parker

(1852-05-14)May 14, 1852
Cortland, New York, U.S.

May 10, 1926(1926-05-10) (aged 73)
New York City, New York, U.S.

Mary Schoonmaker
Amy Day Campbell

A native of upstate New York, Parker practiced law in Kingston, New York, before being appointed to the New York Supreme Court and elected to the New York Court of Appeals. He served as Chief Judge of the latter from 1898 to 1904, when he resigned to run for president. In 1904, he defeated liberal publisher William Randolph Hearst for the Democratic Party nomination for President of the United States. In the general election, Parker opposed popular incumbent Republican President Theodore Roosevelt. After a disorganized and ineffective campaign, Parker was defeated by 336 electoral votes to 140, carrying only the traditionally Democratic Solid South. He then returned to practicing law.


In later life, he managed John A. Dix's successful 1910 campaign for Governor of New York and served as prosecution counsel for the 1913 impeachment of Dix's successor, Governor William Sulzer.[1] During the 1912 presidential election, Parker joined with other constitutional conservatives in an absolute defense of the power of judicial review against critics like Theodore Roosevelt or William Jennings Bryan who advocated a popular check on judicial decisions.[2]

Early life[edit]

Parker was born in Cortland, New York, to John Brooks Parker, a farmer, and Harriet F. Stratton. Both of his parents were well educated and encouraged his reading from an early age. At the age of 12 or 13, Parker watched his father serve as a juror and was so fascinated by the proceedings that he resolved to become a lawyer.[1] He attended Cortland Academy, and left to begin working as a teacher in Binghamton. There he became engaged to Mary Louise Schoonmaker, the daughter of a man who owned property near his school. He then returned to Cortland Academy. While at Cortland Normal School, Parker was a member of Gamma Sigma Fraternity. After graduation, he attended the State Normal School in Cortland (now the State University of New York College at Cortland), Parker married Schoonmaker in 1872 and became a clerk at Schoonmaker & Hardenburgh, a legal firm at which one of her relatives was the senior partner.[1] He then enrolled at Albany Law School of Union University, New York. After graduating with an LL.B. degree in 1873, he practiced law in Kingston until 1878 as the senior partner of the firm Parker & Kenyon.[3][4]


Parker also became active with the Democratic Party. He served as a delegate to the 1880 and 1884 Democratic National Conventions.[5] In between the two conventions, he helped Grover Cleveland get elected Governor of New York in 1882. At the 1884 convention, he supported Cleveland, who was named the party's presidential nominee; Cleveland went on to narrowly defeat Republican James G. Blaine in the fall election.[3] The new president offered Parker the position of first assistant postmaster general, but Parker rejected the offer, citing monetary reasons.[5] During this time, Parker also became a protege of David B. Hill, managing Hill's 1885 gubernatorial campaign.[6]

In the landmark (1891) case, Parker held that forbearance (voluntarily abstaining) of legal rights on promises of future benefit made by other parties can constitute valid consideration for the purposes of forming a contract. Parker's Hamer opinion also held that unilateral contracts were valid under New York law.

Hamer v. Sidway

In (1902), Parker held against Abigail Roberson, a teenager whose face had been used in advertisements without her permission. Parker held that this use did not violate her common law privacy rights. The decision was unpopular in the press and led to the passage of a privacy law by the New York State Legislature the following year.

Roberson v. Rochester Folding Box Co

In People v. Place (1902), Parker wrote an opinion upholding the death sentence given to convicted murderer , who became the first woman to be executed by electric chair.

Martha Place

Later life[edit]

Legal Career[edit]

After the election, Parker resumed practicing law and served as the president of the American Bar Association from 1906 to 1907. He represented organized labor in several cases, most notably in Loewe v. Lawlor, popularly known as the "Danbury Hatters' case". In the case, the fur hat manufacturer D. E. Loewe & Company had attempted to enforce an open shop policy; when unions had subsequently boycotted the company, it sued the United Hatters of North America for violation of the Sherman Antitrust Act. The U.S. Supreme Court found for Loewe by ruling that the union had been acting in restraint of interstate commerce.[1] Parker had more success representing Samuel Gompers and other labor leaders in Gompers v. United States, in which the Supreme Court overturned their convictions for contempt of court on statute of limitations grounds.[26]

Dalton, Kathleen (8 October 2002). . Knopf Doubleday Publishing Group. ISBN 978-0-679-44663-7.

Theodore Roosevelt: A Strenuous Life

Gould, Lewis L. (1991). . University Press of Kansas. ISBN 978-0-7006-0435-7.

The presidency of Theodore Roosevelt

Morris, Edmund (24 November 2010). . Random House Digital, Inc. ISBN 978-0-307-77781-2.

Theodore Rex

Shoemaker, Fred C. "Alton B. Parker: the images of a gilded age statesman in an era of progressive politics" (MA thesis, The Ohio State University, 1983) .

online

Istre, Logan S. "Bench over Ballot: The Fight for Judicial Supremacy and the New Constitutional Politics, 1910–1916." The Journal of the Gilded Age and Progressive Era 20, no. 1 (2021): 2-23.

doi:10.1017/S1537781420000079.

Address by Alton B. Parker, in memoriam David Bennett Hill; delivered at the joint meeting of the Senate and Assembly in the capitol at Albany, July 6, 1911

American Constitutional Government; a 1922 address by Judge Parker

Mandelbaum, Robert M. (2007). . Historical Society of the New York Courts. Retrieved September 24, 2018.

"Alton Brooks Parker"