New-York tribune., 1919-08-04
Justice Announces Accept
ance of Republican Des-
ignation, but Won't Go
Into DemocraticP Primary
Gov. Smith Picked
To Boss Tamnany
Leaders Say Change Is
Certain if Ticket Is
Beaten, as They Expect

Supreme Court Justice Joseph T.
Newburger, turned down fo~ renomina-
tion by Charles f. Murphy, leader Of
Tammany Hall, announced yesterday
that he would be candidate TO Sue
ceed himself.
Tammany leaders, when they learned
of Justice Newburger's decision, frank
ly admitted the situation now meant
the defeat of at least the better part of
the Tammany judiciary ticket and the
possible loss of the presidency of the
Board of Aldermen. Several men of
prominence in Tammany Hall said the
responsibility would be Mr.. Murphy's
and that defeat of the ticket would
mean his retirement. Two said they
resigned in favor of Governor Smith.
There is a strong sentiment in Tam
many Hall for the replacing of Mr..
Murphy with Governor Smith. and it is
known that the Governor or several oc-
casions recently has differed with Mr.
Murphy on matters of policy.
1t is said Governor Smith did not
know after the Tammany slate was
made up last Monday night why Nr.
Murphy selected Irwin CH.ermyer, son
of Samuel Untermyer. in place of JUS
that he expressed surprise at other Sc
lcctions Mr.. Murphy made.
Murphy's Persuasion Fails.
Mr.. Murphy tried his best to prevent
Justice Newburger from running. He
sent three emssaries to Plattsburg
where Justice Newburger is spending
his vacation, in an attempt to obtain
Justice Newburger's promise that he
would not be candidate.
Early Yesterday word reached
Tammany that Justice Newburger had
turned deaf ear to the Fourteenth
Justice Newburger's statement came
over the telegraph wires.
In it Justice Newburger made it
plain that he would not fall into the
trap of being a candidate in the Demo
cratic primaries, and said he would
accept the Republican designation and
was willing to run on an independent
ticket and accept other support.
Support will not be lacking, as
prominent Democrats are now plan
ming to form a party to consist Of
men and women of their political
persuasion who do not care for Mr.
Murphy's way of running things.
Justice Newburger's Position.
Justice Newburger's statement fol-
lows:
"After twenty-nine years of service
on the bench, Tammany Hall refused
to designate me as a candidate for re.
election, though the Republican party
had previously thereto so designated
me. Some statements have appeared
in the press with regard to my age anc
health that require correction. It has
<o+o bat c,x.<x ,-~l%
of age and therefore would be entitled
to serve only two years. This is ar
error. ] was born in 1858. So far as
my health is CONCERNED, ! am thankful
to the Almighty that ] have enjoyed
as a rule good health, as is evidenced
by the fact that during my TWEEN
ty-nine years of service | have no
been absent from duty twenty nine
days when the courts were in session
l am now in excellent health
"What prompted my rejection is be
ments made that I have been on thu
bench long enough and must give wa,
to others. 1t i'll becomes me to speal
of the character of my work. The Ses
sions of New York, the New Yorl
County Lawyers Association, the Ba
Association of The Bronx, the Assoca
tion of Women Lawyers, approving m.
services, speak for it.
"It has hitherto been the custom t.
reward judicial candidates for efficien
and meritorious services.
Both political parties have adopte'
the principle that so far as the ju
dietary is concerned, independence, in
tegrity, efficiency and knowledge Of tn
law should alone be recognized. Al
else has no place in the administrator
| of Justice and the law.
"Ths principle has been applied il
various instances, regardless of the ag
of the candidate. even by Tamman.
Hail. Among other instances that
recall are Justice Gildersleeve, VIII
was renominated at the age of sixty
five; Mr. Chief Justice Bartlett, of tn
Court of Appeals, at the age of sixty
eight; Mr.. Justice Finch, of tn
Court of Appeals, at the age of sixty
eight.
"What prompted those in control
Tammany Hall to discard this custo:
at this time I am at loss to answer
The situation presented is a ser.ou
one. A vital principle is involved M
own personal interests cut no tgur
in this contest. l owe it to the VAR
Gus bar associations, to the many cit
zens who have urged me to stand fo
principle. to become a candidate TO
reelection. l accept the designat' on G
the Republican party and am willing t
run on an independent ticket and az
cept the support of other organization
that may support me IN this ~ontes
decline, however, to become cand
date in the coming Democratic primar
elections"
Tammany leaders recalled last nigh
that Richard Croker's downfall as hos
of Tammany dated from The summe
of 1898, when he refused renomina
ton to Supreme Court Justice Josep
F. Daily. Mr.. Croker was displease
with some of Justice Daly's decision