The sun., 1919-08-14
JUSTICE SMITH Is
TO REBUFF TIGER
VIII Follow Newburger's Elk.
ample and Withdraw From
Democratic Primaries.
WILL TELL HIS REASONS
Justice James A. Allen Of City
Court Decides Not to Run
Independently.

St1hA1g A 49, eAAAN W os
Court will Gle to-day with the Board OF
Elections a formal d~eclination Of his
designation as a candidate for the nomi-
nation to succeed himself in tho Demo-
cratic primaries. In doing this he fol-
Jews the example Of Justice Newburger
| Of the Supreme Court. who on Monday
declined to loyer his dignity by making
| after Charles r. Murphy ct al. OF tns
inner Tommany ring had refused TO In
dorse him In order that they might give
the honor to the SO year old son OF SAM
uel Untermyer.
In spite Of the fact that both Justice
Smith and Justice N~ewburger, Just COM
pleting satisfactory terms in their re-
Fpective courts, were laid aside by the
| Tammany crowd for other men. whose
claims evidently were more compelling.
the committee of the bar, representing
the four bar associations that had in
dorsed them for denomination, insisted
upon filing the petitions under which
they were designated as candidates In
the Democratic primarfeA
Both NAMED by Republicans.
Both jurtsts, although Democrats, were
designated by the Republican organiza-
ton for denomination in pursuance OF
the principle OF a ncn-partisan judiciary.
Justice NewDurger, after carefully con-
sidertng the proposition, decided TO a v
nothing to do with the Democratic pri-
| maries, but TO accept the Republican
! nominations and the support Of any
Independent organizations that wish to
offer It
Justice Smith, acting on the advice
\ Of friends, at first planned to remain In
the Democratic primaries, believing that
II, he and Justice Newburger stood to-
gether there would be an excellent
chance OF defeating h Murphy will
through the enrolled Democrats who
would resent their chiefs arbitrary 40
ton. He wrote TO Justice Newburges
urging him TO remain in the Democratic
race. Now, however, that Justice New
burger Is definitely out OF b Demo
cratic primaries Justice Smith believes
Il would be unwise for him to continue
as a candidate theres
With the filing Of his destination Jus
tice Smith will make a statement givinl
the reasons for the stand he has taken
This viii leave q clear Issue between
the voters of the First judicial Distric
and Tammany Hall, which through Il
leaders has dared defy the principle Q
rejecting good Justices on a nonparu
| bdu Ua1Ao hAAo - 1SN
years of struggle.
Those who are interested in the Jus
tlncation of this principle rather thai
the personality Of the candidates ar
convinced that It would be dangerous I
inject any thought Of partisan advan
tage into the ss. Fol- that reasol
they are inclined to believe there shoul
be the emblem Of only one Independent
organization, in addition to that OF tn
Republican party. besides h names o
Justices Newburger and Smith, on tn
ballot.
The Citizens Union has already take,
this position. 1t is organizing a larg
and comprehensive committee. but ha
no intention OF filing independent peti
tons for the Justices. The purpose o
the committee will be TO cooperate wit
the organization that will be formed b
the committee Of the bar.
This latter committee, II Is urged. ca
do more effective work because OF II
obvious non-partisan attitude. Befor
long It will select a name and an EN-
blem and start to collect signatures {
a petition, which will place Justice New
burger and Justice Smith in nomination
independently.
1t is probable hat an effort will b
made to get the Cleveland Democrat!
Of which william F. Schneider is IN
head, to agree not to prepare a separat
Independent petition for the Justices. !
this should be done, It is feared. ther
viii be an effort on the part OF some I
attribute to the movement a persons
political flavor.
Because he does not wish to beclou
: the issue. Justice James A. Allen OF IN
| City Court, who also was turned dow
by the Democrats for denomination. ha
: decided not to run Independently. He
: a former Independence League man an
Las been simply filing out an ~unexpire
term. Therefore, the Republicans di
, not renominate him. SO he would hay
no regular organization backing. JustiC
d Allen r written to Justice Newburgt
ard Juitice Smith, telling them the
r CT Sc is en- a different basis from his, ar
fer that reason he has decided not
irject his personality into the campaign
He promises them. however, that he wi
devote every bit Of energy he a to a.
slst In their election.