The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-29
TAMMANY ASSAILS
NEWBURGER RECORD
In Defence Of Rejection 1t
Cites Reversals of Many of
Justices Decisions.
LONG STATEMENT ISSUED
Tiger Will Send Its Plea to
100000 Voters in First
Judicial District.

Tammany Hall did an unprecedented
thing yesterday. Its executive commit
tee met in solemn conclave and decided
to send to the enrolled voters OF the
First judicial district a defence Of its
position in refusing to renominste jus
tice Joseph z. Newburger, who was
turned down in favor Of the thirty-three-
year-old son Of Samuel Untermyer.
AS there are approximately 100000
enrolled voters in the district II will
cost over $4,000 to mail the statement
to each one II a two cent stamp is used.
or half that sum IL the defence IL placed
in unseaied envelopes.
No attempt il made TO explain the
for denomination to the City Court. Pos
sibly because one OF the great points
made is that Tammany has always re-
spected the principle that Justices
should be renominated. when IN Tam
many's opinion they would not be re-
tired too soon thereafter under the age
limit Judge Smith will be able to serve
full term on the City Court IL he Is re-
elected.
The fact that Tammany deemed II
necessary to issue a defence Of Its &C
ton, accompanied as it was with an at
tack on the judicial record of Justice
Newburger, was taken In political circles
last night as a clear indication that the
organization is panicstricken and Is SUI
fering from a severe attack Of nerves.
Issue Described ms False.
1t is stated that the executive COM
mittee thought II proper to issue state
ment because of persistent misrepresen-
tation of its motives and sin order to
Illustrate this selfish and partisan at
tempt to create a false issue"
For many years" the statement says,
at has been the custom of the Demo-
cratic organization in New York, al
though representing the majority party,
to renominate, Irrespective of party con-
siderations. capable Judges, except those
who, on the expiration OF their terms OF
Office, were SO near the age limit that
II reelected they would be able to serve
only a small fraction of a new term.
This custom prevailed even before
the recent statutory provisions were
made whereby q retiring Judge may be
made an off1cial referee, at a salary of
$40, 900 a year. for the remainder OF his
resurning the practice OF the law.
I'VE have followed consistently that
principle. In 1918 we Endorsed for re-
election Justice Victor J. Bowling. In
1917 we strongly advocated the nomina-
ton and election of Justice Cardozo, an
Independent Democrat and Justice Nc
Laughlin. a Republican, to the Court of
Appeals. In 1916 we Endorsed for re-
election Presiding Justice John Proctor
Clarke, a Republican. and Justice Green
baum. an Independent Democrat In
1918 we Endorsed the election of Justice
E,.:.ssa, = Republican"
1t ir charged that the Republican
party has not observed this custom ex-
cept in years where It found il impos-
sible by combination with other polit-
ical elements 10 elect Republican
Judges II cites three instances where
the principle was violated, as alleged,
and adds that there was In none OF
these instances a protest from the Bar
Association, which has been a partisan
organization indiscriminately opposing
Democratic nominees because they were
the nominees OF the Democratic organi-
zation."
Il Is asserted that the Judgment OF
the Democratic organization is better on
the question of who should be noni-
mated for Judges than that Of private
organization.
The real issue" II Is asserted, els
whether the mere fact that a Judge has
served a constitutional term of fourteen
years and has managed tn escape inl-
parchment for malfeasance or incom-
petence entities him 10 life tenure
OF Office regardless OF his nearness to
the age limit wisely fixed by our Con-
stitution for his compulsory retirement,
or whether II is not a public duty 81
political parties to discriminate between
capable Judges and those of proven in
efficiency or those who, by reason OF age
or other circumstances, should be re-
quired to give way to more competent
men.
Experience has demonstrated that the
Judgment OF the Democratic orEaniza-
ton. approved by the enrolled voters OF
the Democratic party. with respect TO the
fitness of candidates for the judiciary, 10
more reliable in the public interest than
that of private irresponsible assocla-
tons"