The sun., 1919-08-05

NEWBURGER URGED
TO ENTER PRIMARY.
Friends Believe Anti-Murphy
Feeling Would Make Him
Defeat Untermyer.
..
AGE LIMIT is QUESTIONED
County Clerk Schneider and
Others to Confer on Entire
Anti-Tammany Ticket.
AGE LIMIT is QUESTIONED

ASSOCIATES OF lrWIn OnteftIyefs dihS-
three-year-old son of Samuel Untermyer,
lost no time yesterday IN beginning an at
tack upon Justice Joseph e. Newburger.
who announced Sunday he would fight
the attempt Of Charles F. Murphy and
the inner circle Of the Tammany Wig
wan to shelve him.
Charles s. Guggenheimer gave ont q
statement yesterday. in the offices OF
Guggenheimer, Untermyer q Marshall.
40 Broadway, Of which he IL q partner
In association with Irwin Untermyer.
The opening paragraph Of the state
nient cast confusion upon the question
of the age Of Justice Newburger. who
has stated that he was born In 1853. It
animated that Untermyer's friends had
something up their sleeve, which would
be produced at the right time.
THE statement that Judge Newburger,
II elected, would be permitted to serve
four years Of the fourteen year term
for which the election is to be held,
The paragraph ran, us surprising to those
who know the facts, unless ones age
becomes a stationary factor as he APP
proaches tho age Of 20 years, wisely
hxed by our Constitution. When the
time comes II that fact becomes ma
terial, the records would be produced.
Mr.. Guggenheimer. asked what evi-
dence he had reference to. replied that
Il was some sort of petition. It devel-
oped that Mr.. Guggenheimer had the
impression that Justice must retire
from the bench the day he becomes 10
years old, whereas the Constitution pro-
vides that It shall be the next succeed
ing December 81. This Misrepresentation
accounted for one of the years he had
cut off Justice Newburgers term Of ser
vice, II reelected.
Question OF Length OF Service.
Half Of the statement was based on
the hypothesis that Justice Newburger
would have only two years to serve.
"f," 1t continued, 'the principle which
Judge Newburger now appears so anx-
ious to vindicate, for his own Incidental
benefit, is that political parties should
be forced to renominate Judes who would
have two years, or one year for that
matter, of new fourteen year term.
rather than to select young, vigorous
men. who can serve out their terms. he
may not find the voters taking 80 kindly
to this method of squandering the peo-
pies money in continuous elections as
ne and his friends imagine. especially
since the State has now shown It's APP
probation Of their service by the new
system of making them official referees.
Judge Newburger's confidence in his
strength with the Democratio party on
that issue is demonstrated by his wisely
refraining from entering the primaries
of his own party and in an open, demo-
cratic way of contending for the norn-
ination in the manner provided by law,
instead of giving aid and comfort to
the opposition party by endeavoring TO
furnish them with an issue against the
party that has continuously showered
honors upon him during his long life"
In connection with this argument Of
the partner OF Mr.. Untermyer's son II
was learned last night that former Jus
tice Francis NJ. Scott, who is head OF
the Committee OF the Bar, which has
filed a petition placing Justice New
burger In the Democratic primaries,
has gone to Bluff Point His object
is to ask the Justice to reconsider his
decision not to accept the designation.
Former Justice Scott and other promi-
nent members of the bar are convinced
that the feeling of resentment Is SO
strong in Tammany that Justice New
burger would be able to defeat Mr.
Untermyer there. II he should do so,
II would be an even greater rebuke to
Mr.. Murphy than would be involved in
winning in the general election.
The committee OF the bar will file a
many more names. The Republican or
ganization will do the same.
Advice for Bar Associations.
The third paragraph OF Mr.. Guggen-
heimer's statement was an indirect sug-
gestion to the Bar Associations that II
would be unfair to recommend Justice
Newburger in preference to Mr.. Inter
myer. 1t read:
THE misleading impression sought to
be created by Justice Newburger's
friends that when the time comes for
the Bar Associations to make their
recommendations to the voters as to the
comparative fitness of the several can
didates they will abrogate their useful
function as non-partisan advisers and
will recommend to the voters the support
Judge Newburger as against other
equally capable and worthy candidates.
who would serve the full term. is a
grave injustice by the Bar Associations.
] feel sure they will do nothing of the
kind"
Lastly Mr. Guggenhelmer pointed out
That as there are two places to be
filled on the Supreme Court bench and
the voter puts crosses against two
names in the group OF candidates OF all
parties, Justice Newburger will not be
running specifically against Mr. Inter
myer any more than against Philip J,
McCook, the Republican candidate, or
any Of the other candidates.
This was declared by Tammany man
10 be a suggestion that voters might
vote for both Justice Newburger and
Mr.. Untermyer. If this should be done
10 any considerable extent he pointed
out, It was quite possible that Justice
Robert L. Luce might be again disap-
pointed in his ambition to be elected to
the Supreme Court bench. The last time
ne ran the voters in The Bronx. thinking
only OF geographical pride rather than
party, voted both for Justice Mitchell
who was a Democrat, and Justice Null
Ian, Republican. both OF whom lived
in The Bronx.
Judge Smith to Enter Lists.
William f. Schneider. County CLERK
and head OF the Cleveland Democracy
said last night that Judge Richard H
Smith. a member of his organization
who was also turned down by Tam
many. would run In the Democratic
primaries.
Before the end OF the week Mr.. Sohnei.
der will confer with the representative:
OF the Democratic insurgents In the
other boroughs, the plan to consider
in the field. DR.. Arthur e. Heating will
represent Queens county. Former AS
Bemblyman William ]. Ellis of The
RFnnN n xnytn 4.