The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-30
Tammany's Action in Drop
ping Justice Arouses
Storm of Criticism.
MAY IMPERm TICKET
Bar Committee to Present
Jurist as Candidate in Dem
ocratic Primaries.


eight years, probably viii seek vindi-
cation by running independently Of the
Tammany ticket.
At the Hotel Champlain. Bluff Point,
where he is passing his vacation. he
said last night that he would issue a
statement. probably tonight.
IT never was in better health and
have not missed a day from the
bfnch,. declared the Justice in refuta-
ton Of one of the lame excuses that
are being given by Tammany leaders
for their astounding action In running
ir the face of public sentiment and re-
fusing a denomination to man whose
record on the bench has been clear.
The committee Of the bar. represent
ing the four lawyers organizations In
the district that have Endorsed Justice
Newburger for renomination. intends to
60 ahead with its plan 70 file petition
designating him as a candidate for the
nomination In the Democratic primaries.
Some of his friends express the belief
that resentment viii be 50 strong among
the rank and file of the party that he
can win the nomination from Irwin Un-
termyer. the thirty-three-year-old son OF
Samuel Untermyer. Members of the
lawyers COMMITTEES declared their con-
viction that. although Justice. Newburger
lad made no announcement of his posi-
ton. he undoubtedly would refuse to
withdraw from the race.
May Imperfl Ticket.
Many of the Tammany leaders ex-
pressed the opinion privately that ''the
Chief has spilled the beans" They are
not feeling any too clipper about II
either. They say that whatever queer
logic led Murphy to turn down a veteran
OF the bench for a man who has been a
lawyer for only ten years. In which time
he has not figured prominently in the
courts. It probably will cause the defeat
Of the Tammany Supreme Court ticket
and possibly imperil the City Court
ticket with rebellion In full swing
against John II. McCooey. the Tammany
lieutenant In Brooklyn, there Is grave
danger. the leaders say. that President
Moran Of the Board of Aldermen may
go down in the jam.
Il have been receiving a great many
teiegrams and letters and other mes
saees urging me to remain In the race
said Justice Newburger over the long
distance telephone from Bluff Point last
night bat am not ready to say now
what will do. I hope to issue a state
soon, possibly tomorrow. after have
had a chance to think It all over more
carefully"
Justice Newburger was much inter-
ested In the news that the committee
Of the bar intended to ~ ahead and file
his designating petitions for the Demo
cratic primary. Told that there was a
good deal of sentiment expressed here
that he should. continue in the race, JUS
tice Newburger replied:
That Is what is said in all my mes
saees."
but the Tammany men say you are
In poor health, that. indeed, you are too
III to remain on the BENCH" Justice New
burger was told.
A soft chuckle came over the wire and
then this:
If my trout catch for to-day is any cri-
terion. I must be In very poot health.
I'd hate to tell you how few fish we got
to-day"
But seriously" the Justice continued
II was never In better health in my life !"
Friends of the Justice were chafins
yesterday waiting for the word from
him to go to work and smash the slate
made at Tammany Hall.
He must certainly not retire now, I"
said one Of them, who expressed the
belief that the Justice had too much
II.
place he owes IL to himself to make the
race. A slight has been put on his rep
utation and he should seek vindication
first at the hands Of the members Of his
party In their primary and secondly in
the election, regardless of whether OF
not he defeats the Tammany candidate
Secondly. he owes It to the bar OF
this city to make a fight for the prin-
ciple. established after long fight. tina,
Ind h. mi 80 u,t&
out consideration OF party. II Tammany
Hall Is permitted to break down this
precedent at this time II will consider
that In the future II can handle Supreme
Court nominations as pawns in the po-
iitical game.
'In, the third place, Justice Newburger
owes It to the Republican organization
which has Endorsed him In good faith
not to withdraw from Its ticket"
Lawyers Eager to Sign.
The committee of the bar, which has
been working since May to secure the
unanimous Endorsement of Justice New.
burger by all parties, Is headed by Fran
els NJ. Scott. former Justice of the Ap.
pellate Division. He and Louis r, Doyle
Of The Bronx. secretary, are the Dem
ocrats on the committee. William ID
Guthrie. chairman of the executive COM
mittee. and Charles Albert Perkins. for
mer District Attorney, are the Repub-
licanB. The latter Is treasurer.
A special drive was made yesterday &c
add to the number OF signatures on tn.
petitions placing Justice Newburger in
the Democratic primaries. LAWYERS
everywhere were eager TO go on recort
as fayoring the retention Of Justice New.
burger.
The Committee Of the Bar also will
nie Its Democratic designating petitions
for Justice Richard II. Smith OF the City
Court. who likewise was turned down by
Tammany. As matter OF fact, both
he and Justice Newburger are named in
the same petitions. The committee on
vacancies given In the petition Is made
up Of well known Tammany men. 1t IL
headed by Senator James A. Foley. The
others are Davis Leventritt. former JUS
tice; Delaney Nicoll, former Justice
Morgan ]. o'Brlen, former Justice
James A. OGorman. former United
States Senator; John II. Stanchfeld and
John Godfrey SAKE. OF course, Il must
be understood, these men permitted their
names to 90 on this committee when Il
was considered foregone conclusion
that Justice Newburger and Justice
Smith would be renominated by Tam
many. Indeed. Justice Victor j. Dow.
ling, who 10 close In the circles of Tam
many. declared as late as Saturday night
that Justice Newburger would be re-
nominated.
william v. Schneider. County Clerk
who In 1903 founded the Cleveland
Democracy. which was successful In
landing most Of It's members on the
fusion ticket Of that year. said yester-
Hav ~ xuo,tiI eo 10 work nj ouee and