New-York tribune., 1919-08-05
Bar Association Asks Him
to Reconsider Decision
Not to Enter His Name
in Democratic Primaries
Murphy Coming to Town
Will Be Here Tomorrow to
Take Up With District
Leaders Plans for Ticket

Justice Joseph r. Newburger's de-
cision to stand as candidate to sue
ceed himself in spite of the opposition
Of Charles F. Murphy and the Tam
many Executive Committee. continued
to jar the Tammany machine yesterday.
Mr.. Murphy is coming to town to-
morrow to confer with the district
leaders with reference to getting the
Tammany campaign for the county
ticket under way.
There is trouble in the inner Tam
many councils about the sidetracking
of Justice Newburger. Governor
Smith, who had insisted upon the turn.
ing down of Richard II. Smith and
James A. Allen, seeking denomination
for city court judges, who WIRE elected
originally by the aid of Hearst and
Independent Democrats, is reported to
have been as much surprised as any
one when the Tammany slate, selected
by Mr. Murphy, was made public. 1t
is said he had assumed that Justice
Newburger would be renominated.
Asked to Reconsider
The committee op nominations of the
send committee to call on Justice
Newburger at the Hotel Champlain,
Bluff Point, and ask him to reconsider
his decision to not stand as a candi-
date for the Democratic nomination.
The lawyers think it would be wise
thing for the judge to do that in order
to be able to point to the vote polled
among regular Democrats as proof
of the revolt in the organization
against the manner in which Justice
Newburger was turned down. The Bar
Association will file to-day supple
mental petition, carrying about 1000
names, designating Justice Newburger
as candidate in the Democratic pri-
mary. The Republicans also will file
about the same number of names in
behalf of Justice Newburger as the Re-
publican candidate
City Court Judge Smith, also turned
down by Tammany, said yesterday
that he would stand in the Dem ocratic
PRIMARIES tor the regular nomination.
Charles S. Guggenheimer of the law
firm of Guygenheimer, Untermyer e.
Marshall, made a statement yesterday
in support of the candidacy of his as
sociate, Irwin Untermyer. Mr.. Gue-
genheimer takes issue with certain
statements in Justice Newburger's
acceptance of the Republican designa-
tion for reelection.
"When the time comes, if the facts
become material" he says, "records
will be produced bearing on the ques-
tion of Justice Newburger's age"
The statement does not assert that
Justice ,Newburger is in error in
stating his own age. The statement
reproaches Justice Newburger for Civ
ing aid and comfort to the political
enemy of the party which has show
cred honors upon him.
Mr. CugGcnhcimer intimates that
the Bar Association, when the time
comes to make recommendations to the
bench, would not recommend Justice
Newberger as against other equally
capable and worthy candidates." Mr..
Guggenheimer holds that under the
prevailing form of ballot, Justice New
burger would not be an opponent of
Mr.. Untermyer any more than he
would be an opponent of any other
one Of the six judicial nominees who
may be in the contest.
The law Office of Guggenheimer, Un-
termyer & Marshall yesterday fur
forth the qualifications of Irwin Inter
myer. 1t said in part:
I'm the suit brought by the Colonial
Trust Company, of Pittsburgh, in the
Circuit Court of the United States,
involving the reorganization of the
Wabash Terminal System, he supplied
the material on which the suit was
ultimately decided in favor of the
plaintiff. He wass actively connected
as one of the counsel for the plaintiff
in the litigation between the Kansas
City Southern Railway Company and
the Interstate Commerce Commission,
decided several years ago by the Su-
preme Court of the United States-a
case which aroused great professional
interest at the time. He was actively
concerned as counsel in the litigation
which attended the reorganization of
ttlh,e the Rock Island Railroad Company.
The several briefs on behalf of Mr..
Hearst in the litigation between Mr..
Hearst and The Associated Press in
the state court we're written by him.
and he was largely concerned in pre-
pairing arguments in the important
controversy as to the right of prop
erty in news, in the Federal court, in
all of its various stages, ending in the
Supreme Court of the United States
In 1918 he sustained, after oral argu-
ment in the Appellate Division, judg
ment against George j. Gould for over
Sl3o,oOO by the unanimous decision OF
that court"