New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-05
Despite Protest in Werner's
Favor, Democratic State
Convention Chooses Him
to Succeed Cullen.
ELKUS FOR ASSOCIATE
Judge Parker and A. G. Fox
Urge in Vain That the Repub-
lican Nominees for Court of
Appeals Be Ratified
Murphy Wins Easily.

Ul ul PuJ w iAS GdoAJ'
The Democratic candidates for the
Court Of Appeals were named by the
Democratic State Committee at the
Hotel Knickerbocker yesterday. Asso-
ciate Judge willard Bartlett, Of the
Court Of Appeals, was nominated for
Chief Judge to succeed Chief Judge
Edgar NJ. Cullen. Abram I. Elkus, who
was counsel for the State Factory
Commission, was named for associate
Judge. TO succeed Associate Judge John
Clinton Gray. Judge Bartlett's homo
Is in Brooklyn, and Mr.. Elkus lives IN
New York County.
These nominations Of line Democrats
were made on the decision Of Charles
f. Murphy. in spite Of an appeal made
by Judge Alton b. Parker and Austen
c.. Fox for the Endorsement of Judge
William T.. Werner for Chief Judge
and Justice Frank II. Hiscock for as
sociate Judge, the nominees of the Re
publican party.
Neither was a member Of the COM
mittee, but both were allowed to make
their futile appeal at the open session
! of the committee. They represented the
State Bar Association and the thirty
| five local bar associations affiliated
with it in the movement to further the
| idea of a bipartisan judiciary.
Both Mr.. Fox and Henry p. Keith.
one OF the insurgent members Of the
committee, injected the Sulzer trial
! into their remarks.
Sulzer Case Rivals United.
Judge Parker and are here" said
Mr.. Fox, mot only in our capacity as
representatives of the bar associations
but also, it happens. we are on oppo-
site sides in that great state uI@I
which is und r way. On one side is
Judge d. Cady Herrick and on the
other John u. Stanchfeld, both OF
whom have been your candidates Tor
Governor Both Of them feel as We do
that il would be "a good thing for Yoi
to indorse Judges Werner and Hiscor%'
This is a quasi judicial trial. ana
: whatever happens it is necessary LOT
the fair name of our state that there
should be no idea In the minds OF the
people that any political considerations
entered into the decision. 1t would De
good il these men could be assured OF
q nomination unanimous as possible
50 that there would be no doubt ABOUT
their being returned 10 the court
And then Mr. Fox. with a somewhat
cynical smile, said:
"I am much obliged for your atten-
tion. but l know perfectly well that
what / have said is futile
Roth Judge Parker and Mr.. Fox had
previously seen Mr.. Murphy ana other
leaders and realized there was httIe
use of appealing to the full committee
AS always at Democratic meetings
tho leaders conferred for several hours
in an upper room until long after the
,;r,o for the assembly TO be called to
order.
Iobn II McCooey, who has become
most persistent OF late. and VINO seems
to WELD some influence with Murphy
had the assurance to urge that in al
dition to the nomination Of Judge Bart
I lett. William n. Dykman, OF Kings
! Comfy. be named for associate Juose'
judge Parker Makes Appeal.
Judge Parker made the first appear
for Judges Werner and Hiscock. he
said that since he resigned as Chiei
Judge Of the Court Of Appeals seven
men had gone back on the bench py
| the unanimous action or the pe'iio-
Gratis and the Republicans.
when l went on the court ne
said. I'VE had four Republicans ana
three Democrats. Then the court De-
came four Democrats and three he-
nublicans. 1t makes no difference SO
Ear as the decisions are concerned
whether the court is balanced poi!tl-
cally or not. But Il is of the utmost
importance that when the court speaks.
particularly upon constitutional ques-
tions. its views shall be accepted by
the people as being unbiased. Thus II
has come 10 be felt that the court
shou,d have as even a political balance
as possible.
"A situation came about last year
which resulted in the court being SIX
Democrats TO one Republican. The
/ Rar Association selected a list OF
twenty men who would be acceptable
as candidates for the Court OF Appeals.
Yet the first choice for Chief Judge
was Judge Warner, first, because OF
the length OF his service-he Is the
senior member Of the court-and, Sec
ond. because he has demonstrated py
his work that he has no superior.
,, II come here to urge this committee.
or. rather, to suggest to 1t, that II
would be wise at this juncture II II
should indorse, should nominate, Judges
Werner and Hiscock. II would give 70
our party the confidence of the people
upstate"
James ID. Bell, holding a proxy. NOM
mated Judge Bartlett. AS for the oi-
partisan balance of the court. he ar
gued that the court consisted OF ten In
stead Of seven members, as the CHEZ