The sun., 1919-10-26
M'GRATH'S NAME Is
RESTORED TO BALLOT
Tammany Bolter Favored by
Supreme Court Over Elec-
tions Board.
MURPHY LOSES FIGHT
Appeal Of Major Kelly Will
Be Heard in Appellate
Court.
MURPHY LOSES FIGHT

The movement against Tammany by
men who for years have been in the
organization received an impetus yes
terday when the Supreme Court ordered
the name of Patrick ]. McGrath restored
to the ballot by the Board OF Elections.
which had thrown 1t OF on the ground
that 1t did not contain the proper num-
Der of signatures.
McGrath, who resigned from the
Democratic organization because Of the
stupid leadership" OF Charles F. Muir
ply, is the candidate of the Home Rule
League for Justice of the Municipal
Court in the Sixth district. Tammany
had fought to get and keep McGrath
off the ballot for four weeks. Yester-
day Justice Giegerich decided that his
petition was valid and ordered his name
| restored
In the case Of Harry j. Murphy, the
| Home Rule League candidate for the
Assembly in the Sixteenth district. the
court held that his petition lacked
eleven valid signatures. An appeal will
be taken from this decision.
John F. Cronin. the Home Rule candi-
date for the Board of Aldernen in the
Sixteenth district, had so many sigma
lures on his petition that Tammany was
unable to attack it successfully.
The tremendous fight that was made
| to get us out OF the way has only
strengthened our cause" said Mr.. Nc
| Grath last night.
TlA - -
Major Michael A. Kelly, the Liberty
party candidate for President of the
| Board of Aldermen, from the ballot will
probably be held In Appellate Term.
| 1T is a sad state of AFFAIRS" said Rep
resentative F. II. La Guardia yesterday,
| when a political party is afraid or the
decision of the people and wants to win
an election in the courts. The provision
of the election law in regard to indie
pendent candidates should be literally
construed. The spirit and intent of the
law is to make it easy to file Independent,
petitions. 1t Is laughable to see Tam.
many scrutlnizing a petition and asking
for the strict enforcement OF the letteI
| OF the law"
Charles e. Hughes called attention
yesterday to a misunderstanding that
prevails in the minds Of many in re
gard to the judiciary race. He said:
II I'm view Of the general Endorsement
of Justices Newburger and Smith upor
the well established principle that thess
faithful Judges should be reelected
some people appear to think that botf
are candidates for the Supreme Court.
"Of course, this is a mistake. Justic,
Newburger is a candidate for reelection
to the Supreme Court and Justice Smitf
for reelection to the City Court. Their
are two Justices of the Supreme Cour
to be elected this fall and l not onl,
heartily indorse Justice Newburgeri
candidacy but also that of Phillip J. Nc
| Cook"
Even the members of the Democratic
organization are tired of seeing the i'm
portant positions go to the men from
Murphy's district" said a statement is
J sued from the headquarters of james
O'Malley. the Republican candidates 70
. Surrogate, last night,
Murphy could afford to laugh II h
lost two Supreme Court Justices ant
gained the rich patronage of the Sur
rcgates' Court for member OF his owl
; family. But even Tammany itself cal
! get sick of too much Murphy"
This sentence was in a letter writtel
3 to cambridge Colby, chairman of the In
dependent Partisan judiciary Com
mittee, by Austen G. Fox yesterday
How are we TO distinguish betwee
: Murphy, the boss. and Untermyer, tn
: boss's candidate. in their attack upo
! the independence of the judiciary
A meeting under the auspices of tn
Colby committee will be held to-morro,
night in Laurel Hall. rs East 116t
. street Among the speakers will q
Justice Richard II. Smith. Justice Jane
e A. Allen and Register James A. Done
gan