The sun., 1919-10-04
Justice Newburger's Record and the
Issue In the Campaign.


Tammany as the. guardian Of judi
cial capacity is a joke. Tammany
criticism Of judicial learning and
temperament Is an insult to intelli-
gent members of the bar and to lay
men acquainted with Tammany's rec
ord. Yet 80 impudent is Tammany In
an "ofr year." when Tammany's leader,
CHARLES +. MURPHY, thinks indepen-
dent citizens will not register and con-
sequently will not be able to vote,
that 1t dares to assail the record Of
the Justice Of the Supreme Court to
whom 1t has denied denomination be-
cause It wants to put fear of Tam
many into the heart Of every judge
on the bench.
Ridiculous though this act Of Tam
many was, the accusation against
Supreme Court Justice JOSEPH e,
NEwBURoER, the present victim OF
Tammany's fear Of good judges, re-
ouired answer, and that answer has
been given by body of gentlemen
In whose honor the public has con-
fidence and whose opportunity to
know Justice NEwBURaER's record has
been exceptional. These gentlemen
are GEORGE L. INGRAHAM, former Pre-
siding Justice of the Appellate Divi'
sion of the Supreme Court; FRANCIS
M. SsorT, EDWARD w. HATCH, CLAIR
ENcE y. SHEARN and SAMUEL SEA
BURY, all former Justices, Mr.. SEA
BURY being a former Judge of the
Court OF Appeals. These highly quail
fled witnesses testify that Justice
NEwBuRGER "during a long career
upon the bench has exhibited very
marked industry, ability and single
mindedness In the performance Of his
| judicial duties" They say he has
been impartial, expeditions and cour
teous, and in answer to the specific
assertion that he has been reversed
on appeal in a disproportionate mum
Der of cases they record the facts IL
this concise form:
I'm the last five years 6de14 to
1918 inclusive) he conducted 1916
trials and heard and decided 1888
contested motions, including many
demurrers.
From only al Of these judgments
were appeals taken. resulting In 14O
affirmances and SO reversals. In
other words, from 1916 judgments
no appeals were taken in 1.2s6. and
Of the cases in which appeals were
taken in only So were the judgments
reversed, so that OF all the judgments
rendered less than per cent were
reversed on appeal
1.-THE record with respect to orders
upon contested motions Is even more
remarkable.
From the 1899 of such orders
signed in the years stated only 1872
appeals were taken, and in the cases
in which appeals were taken only 81
of the orders were reversed, 30 that
of all the orders entered on motions
less than / per cent were reversed
on appeal
These figures speak loudly and
convincingly not only of Justice
NEwBURGER's diligence but of the
general excellence of his work. which
Is evidenced by the overwhelming
majority OF the cases In which his
judgments and decisions were ac-
copied and not appealed from"
Thus Justice NEwBURaER's recor
as dlligent, fair and successful
Judge is established on the authori
tatlve testimony of those who hav
sat with him and In review of hi
work In our courts.
This assault on Justice NEwBUI
GERS record is only an incident of tn
Tammany campaign. The whole as
sault on Justice NEwBURGER is onl
an incident Nof another Tammany can
paign. That greater. more compre
hensive Tammany campaign is in
tended to reduce all judges to tn
z