The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-03
BX-JUDGES UPHOLD
NEWBURGER'S WORK
Ingraham, Scott, Hatch, Sea-
bury and Shearn Reply to
Tammany Attack.
HIS RECORD ON THE BENCH
Reversed in Less Than 6 Per
Cent. of Cases Tried-Fair
and Courteous.

In order to clear up any misappre-
tensions as to the character of the rec
ord made by Joseph e. Newburger on
the Supreme Court bench. to which he is
a candidate for reelection, that may
have been created by an attack made by
Tammany Hall some time ago, four for
mer members of the Appellate Division
and former Associate Judge of the
Court of Appeals united yesterday in
statement speaking in high terms Of the
Justices work.
The statement was signed by the fol-
lowing competent witnesses as to the
character of Justice Newburger's work:
George l.. Ingraham, formerly presiding
Justice of the Appellate Division Fran
els NJ. Scott, Edward w. Hatch and
Clarence j. Shearn, all formerly sitting
as members OF the Appellate Division,
and Samuel Seabury, formerly Associate
Judge of the Court of Appeals. Mr..
Scott, who made the statement public.
said he had been unable to get in touch
with Morgan J. O'Brien. the only other
former member Of the Appellate Division
in this department.
The statement reads.
There has recently been printed and
widely circulated a pamphlet issued
over the name OF the executive COM
mittee of the Democratic county COM
mittee but otherwise anonymous,
which, upon insufficient and misleading
data, unwarrantably attacks the judicial
record Of Justice Newburger.
In all fairness the undersigned. who
for years past have enjoyed exceptional
opportunities to critically observe the
work of Justice Newburger. feel that It
is due to him and to the community
which he has served to give expression
to the results of our observations.
Exhibited Marked Ability.
During long career upon the bench
Justice Newburger has exhibited very
marked industry, ability and single
mindedness in the performance Of his
judicial duties
"He has invariably been fair and i'm
partial, and has been courteous and con-
siderate toward the members of the bar.
to the jurors who served in his court and
to the parties and witnesses who APP
peared before him.
He has been particularly notable for
the expedition with which he has dis
posed of matters brought before him
for decision and for the undivided atten-
ton which he has given to his work as
q Judge.
"As evidence OF his industry it will be
necessary only to refer 90 the facts
shown by the official records.
"In the last i've years (1904 to 1918
inclusive) he conducted 1916 trials and
heard and decided 1899 contested mo-
tions, including many demurrers.
From only 221 of these judgments
were appeals taken. resulting In lao
affirmances and SO reversals. In other
words, from 1,516 judgments no appeals
were taken in 1925. and of the cases in
which appeals were taken, in only S3
wsTs the judgments reversed 50 that of
all the judgments rendered less than 6
per cent. were reversed on appeal
Record on Contested Motions.
THE record with respect to orders
upon contested motions is even more re-
inarkable
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 or
ders were reversed. so that of all the
orders entered on motions less than
per cent were reversed on appeal
These figures speak loudly and con-
vincingly not only Of Justice Newburg-
er's diligence but of the general excel
lence of his work. which Is evidenced by
the overwhelming majority of the cases
in which his judgments and decisions
were accepted and not appealed from.
How this record compares with that
Of other Justices in the same court II
is not necessary to inquire. Such a
comparison would be immaterial to our
present purpose, which Is to refute the
charge that Justice Newburger has been
indolent or inefficient in the administra-
ton of his high office"
The subcommittee Of the conference
committee of the three independent
organizations uniting in the support
OF Justice Newburger and Justice
Richard II. Smith for reelection expects
TO be able to announce its campaign
committee OF one hundred members to-
day. 1t probably will be composed ot
forty memers from the committee OF the
bar, representing the four bar associa-
lions in the judicial district, and thirty
each from the Citizens Union and the
Independent judiciary committee.
Francis NJ. Scott said last night that
they hoped to be able to induce Balm
bridge Colby to accept the post or chair
man OF the committee and manager OF
the campaign. William F. Schneider
also expressed the opinion that Mr.. Colby
would make an ideal manager because
his personality, aggressive manner and
political shrewdness.
Mr.. Colby returned from Washington
yesterday and accepted a position as one
Of the five members of the conference
committee of the committee of the bar,
but II is understood that he is averse
to accepting the responsibility OF man
Ager OF the entire campaign.