New-York tribune., 1914-11-16
M'CALL MENTIONED
FOR COUNTY BENCH
May Quit p. S. Commits
sion to Succeed the Late
Judge Amend.

One OF the many names mentioned
for the vacancy on the Supreme Court
bench in New York County caused by
the death of Justice Edward B. Amend
is that of Edw.rd +. Mccall, chairman
of the Public Service Commission.
1t is understood that Mr.. Mccall IS
anxious to go back to the judicial du-
ties that he abandoned to become the
head of the Public Service Commission
His work on the bench was more con-
genial for him, and he said when
he refused the Public Service berth be-
fore his final acceptance Of the otice
from Governor Sulzer. that he wished
TO continue his judicial duties, for
which he considered himself best Mt
ted.
When Justice Mccall gave up the
four years that he still had TO serve IN
the Supreme Court to become chairman
Of the Public Service Board for hve
wears it was said that he was being
groomed for the Tammany nomination
for Mayor.
Whether that guess was right or not
at that time, Mr. Mccall was nominated
and was defeated by John Purroy
Mitchell. IfJustice Mccall had remained
on the bench and then consented TO ac-
cent the mayoralty nomination, 1t would
have been necessary for him to resign
Il. c. so
TO run for Mayor. As Pubic service
Commissioner he was able 10 retain
the office he held while candidate
However, the recent political happen
ings may have something 70 do with
Chairman McCal's reported desire to
return 10 the Dencn.
The change Is also matter OF ten
ure and terms, the latter being inan-
cial and physical. His term had iour
wears 10 run when he resigned as JUS
tice at S17 500 a year. His term as Public
Service Commissioner is five years, at
$4,000 As he said when he mace the
change, ne was making a sacrifice.
II Governor Glynn should appoint
Mr.. Mccall to succeed Justice Amend,
he will serve until January !, 1910
/ But in the meantime, next November
as an incumbent and because OF his
standing in Tammany Hall, he certain
lv will be nominated for a full four
+ teen-year term Even If not elected
lie would have served one year at ST.
500. while il he continued as Public
Service Commissioner his term would
have only two more years to run from
January, 1916.
Mr.. McCall's friends think he would
not be taking a great chance by GO
ing back on the bench and trying for
reelection. With New York State
again solidly Republican and with a
Republican Governor, it is certain that
he would be out of the Public Service
Commission soon, anyway. And il
not elected next fall, 1t is argued, he
can always fall back on his private
practice. Mr.. Mccall is a friend Of
Governor Glynn, and if he wants the
vacant justieeship he will have the
backing Of Charles Z. Murphy.
As to the sacrifice made by Mr.. Nc
Call in resigning from the Supreme
Court. which he referred TO at the time,
his income, despite the $4,000 a year
difference in salary, he has more than
made up by attending to his law
practice while acting as commissioner.
He has appeared in several cases as
counsel in the Supreme Court. He was
appointed referee several times, and
last May he was named as special
guardian for Mrs. Ida A. Flagler, widow
of Henry NJ. Flagler, who is in a san
atorium.
Mr.. Mccall might have two chances
to 90 back to the bench. as it is CON
sidered likely that Governor Glynn will
designate Justice Samuel Seabury, of
the Supreme Court, who was elected
TO succeed the late Judge William B.
Hornblower in the Court Of Appeals,
to take the latter's place until the end
of the year. This will create two va
cancies in the Supreme Court.
Some others who are mentioned for
these justiceships are Aaron j. Levy,
of the Municipal Court, who saw Gov
ernor Giynn in Albany last week; Les
lie J. Tompkins, Alfred Amend, brother
Of the late Justice Edward B. Amend
who is backed by Herman Ridder a
brother-in-law, and Alphonse G. Koel-
ble