New-York tribune., 1919-08-30
Schneider, as Spokesman,
Says Opponents Advise
Justice as Referee Fill
Equally Important Post
Calls Reversals Small
76 Upsets Out of 5000
Trials and 10, 900 Notions
Is Rated as Infnitesimal

The statement issued by Tammany
Hall on Thursday, calling the record of
Supreme Court Justice Newburger poor,
was characterized yesterday by non
partisan groups supporting Justice
Newburger as the best campaign docu-
ment which could have been issued on
behalf of the veteran jurist who was
turned down by Charles F. Murphy to
make way for Irwin Untermyer.
County Clerk William F. Schneider,
chairman of the combined organiza-
tions supporting Justice Newburger
and Judge Smith, of the City Court,
who also was turned down by Tam
many. said the statement showed the
criticisms provoked by Tammany's ac
ton had cut deep and aroused a feeling
Of insecurity.
The Novelty of an Explanation
The statement was novel in that it
was the first time Tammany Hall has
found 1t necessary to explain to the
voters OF New York why it refused
bers," said Mr.. Schneider But the
statement does not go far enough and
give US the real reason why Justice
Newburger and Justice Smith. and also
Justice Allen, were turned down. But
the constantly growing feeling of dis
content in the ranks OF Tammany Hall
itself convinced the leaders that some
thing had TO be done to stem the tide
that is rising against them.
"Tammany ascribes five reasons for
its refusal to renominate Justice New
burger and not a single reason for
Justice Smiths rundown. The first
and most important reason for Justice
Newburger's rundown is given as "his
official record is bad" Let US examine
and look into this statement made by
John r. Voorhis, president of the Board
Of Elections:
Tammany Men on Newburger
"Certainly, this statement might
have come with better grace from
some OF the prominent lawyers with
in Tammany circles. Was this alleged
bad record not known to the Tam
many lawyers whose names appeared
on the petition issued by the Bar AS
ISOLATION putting Jutice Newburger
in nomination IN the Democratic
primaries?
AT the head of that committee
find the name of James A Foley, Tam
many's candidate for Surrogate; John
Godfrey SAKE, chairman Of Tammany's
law committee; Morgan J. O'Brien,
former presiding justice of the Appel
late Division of the Supreme Court;
James A. O'Gormanfi former associate
Of Justice Newburger on the SUI
preme Court bench; David Leventritt,
Delaney Nicoll and John B. Stanch-
field, gentlemen whose legal attain
ments and wide knowledge of the law
entitle their endorsements to the
earnest consideration of the voters of
legal capabilities of Justice New
burger, for they have practiced be-
fore aim for many years.
rs Reversals lnfinitesimal
"A table is submitted showing the
number of times Justice Newburger
has been reversed IN comparison to
four other judges; Is the comparison
falr in view of the fact that Justice
Newburger has presided over five thou
sand trials and has passed on over ten
thousand motions, and out Of this tre-
mendous amount of legal questions, in
voivlng every conceive bic kind of ac-
ton at law, they can find only seventy
SIX reversals or notifications Ger
tainly the number is infnitesimal.
"Fhey speak of non-indorstmen Of
Tammany judges by the Republican
party. In 1892 the Republicans in
Judge; in 1901 Morgan j. O'Brien, in
1905 Justice Newburger, again in 1906
justice Giegerich, in 1910 Justice Dele
hanty for the City Court bench and
the same justice in 1915 for the Su-
preme Court.
1t Was Not Always Thus
Justice Newburger's age is given as
one of the reasons for non-des ignation
Why did not this bar apply to Justice
Dugro III 1914, whose age at that time
was sixtyfour and who can serve only
part OF his term, and who has served
over twenty eight years on the bench {?
Inc man who presented the resolu-
tlons IN the Tammany executive com
mlttee Is John r. Voorhis, who is in
ms ninetieth year, with q mind sound
and clear.
$50 age is not always taken into con-
slderation by Tammany, for Mr.. Voor-
MS Is president of the board of cleo
'.ons, Tammany nomination, and was
elghty-nlne years old on his last birth
day.
They advise Justice Newburger to
seek solace by accepting the Office of
oiilclal referee at the end of his pres
ent term.
Referees Work Just as Important
This office is as important as q
ludgshp; therefore, if he is unfit to
De a judge he is equally unfit to be
q referee.
The reasons given by Tammany do
not satisfy the public. SO again and
again the question is asked: why was
yuudge Mewburger turned down, Why
Why-Why?'
hich Tammany leader will take
ms party and the public into his con-
hdence and tell US the real reason?"
!, lhe Tammany statement dealt with
,ne referee position for Justice New
burger as follows:
,, "lnasmuch as the law now permits
ms ms retirement and appointment as an
tomclai referee at $4,000 a year for the
oaiance of his life, with the additional
rignt to practice law, it does not ap-
pear that he will suffer any hardship
by giving away to successor who can
serve the full term
Bay State Candidates to
Use Military Title on Ballot