The sun., 1919-10-22
UNTERMYER DRIVE
GETS DOUBLE JOLT
Tammany's Choice for SUI
preme Court Said to Have
Tried to Evade Draft.
IT'S FALSEHOOD, HE SAYS
Colby Shows Candidates Nan
ager Already Is on Record
for Newburger.

Tsmmany's ticket and Tammany' 8
candidates have not for many seasons
faced such a discouraging outlook in an
off year as confronts their leaders now.
Perhaps never before in the history of
disposition displayed on the part of the
regulars to run Off tisl reservation.
Dissatisfaction with the personnel of
the Tigers ticket, coupled with what
amounts to nothing less than insubor-
dination on the part of district leaders
and the other factors of the organiza-
TONS machine, has set the bigwigs Of
tho Hall by their ears. The realization
seemed to come last night to many Of
them that they had attempted to put
too much across"
Men of the organization who hereto
fore have been stanch in their loyalty
to the extent that they would never ad-
NIT even the possibility of defeat told
THE SUN last night that things looked
bad for the whole outfit" In addition
II became a matter of fact that in half
dozen districts always regarded as
copper riveted the leaders have not been
ahlc to keep their voters In line.
Many factors have entered to bring
about the present situation, but perhaps
among the most important has been
Charles F. Murphy's autocratic action
in turning down Supreme Court JUS
tice Joseph E. Newburger and City
Court Justice Richard II. Smith for re-
nomination. The designation of Irwin
Untermyer has never been explained to
A. A.-(- pw.lr anA nj
the organization who cannot see why
he should be selected for such an in
portant office as the Supreme Court.
Furthermore, the campaign methods of
young Mr.. Untermyer have not been
such as appeal to the Murphy COHORTS.
Said to Have Sought Exemption.
The question continues to be asked
within the organization. "Why Inter
myer?" Murphy's other selections have
not been such as would inspire con-
fidence among his followers. so that
the disclosure that came yesterday
OF Mr.. Untermyer's attempt to OBJ
tain deferred classification in the Fed
eral draft on representations that he
was a farmer, as head of necessary
agricultural enterprise, has left the reg
ulars gasping.
Investigation showed that Mr.. Inter
myer. who is one of Murphy's personal
selections for a place on the Supreme
Court bench. had sought exemption from
military service on the ground that he
was the necessary, sole, managing, con-
trolling or directing head of neces-
sary agricultural enterprise. Mr.. Inter
myer is 33 yeas old and lawyer as
ISOLATED with his father, Samuel INTER
myer. He owns farm of about 6OO
acres in Warren county. New YORK
State, in the foothills of the Adiron-
dacks. Politicians, including Tammany
men of long standing affiliations. were
laughing last night at the suggestion OF
a gentleman farmer from that locality
claiming consideration as food pro-
Queer.
The draft records show that young
Mr.. Cntermyer gave his city address as
4s3 West End avenue that the local
board with which his QUESTIONABLE was
filed rejected his plea for exemption and
declined to classify him as farmer.
He was classified with other married men
with children whose wives were not en-
tirely dependent upon them. The records
further show that young Untermyer APP
pealed from the local boards ruling and
brought his case to the attention OF the
district board of which Charles L.
Hughes was chairman. His application
for special consideration on the grounds
that he was an agriculturist were de-
MED here also and finally was put in
Class IA. The armistice interviewed,
however, before he was called for in
duction into the military service
Calls II Complete Falsehood.
These circumstances, taken with the
previously published information that
UJntermeyer swore Off personal assess
ments OF $780, 900 in 1917 on the ground
that he was a resident of Warren
county and not of New York county,
have not done much to inspire confidence
in his candidacy, particularly among
that element of Tammany's supporters
represented by veterans of the old Sixty
ninth Regiment.
A statement was issued last night by
Mr.. Untermyer characterizing the story
that he sought to evade military service
as a complete falsehood, evidently cir
culated by political adversaries from I'M
worthy motives" The statement con-
cluded:
81 was not included within the ages
covered by the first call. In my return
to the second call l explicitly stated
that my occupation was that Of law
yer. In compliance with the instruc-
tions of the War Department with re-
spect to agricultural and industrial pur-
suits I also showed. as required to do,
that was the owner of farm OF
about 6Oe acres in the State OF New
York. l stated explicitly that / was
only interested in this farm financially
and that was not a farmer, but earned
my living exclusively by the practise OF
the law In the city OF New York.
NH Nh ma
before a local board in the city of New
York, I was put in Glass PA, Just
where lawyer of my age with nom
dependent wife and three children be-
longed Had the war not ended so I'M
expectedly / would in a short time have
been called TO the service"
The Untermyer candidacy got another
Jolt yesterday when II was developed
that George Gordon Battle, chairman
of the candidates campaign committee,
had gone on record as favoring tho
candidacy of Justice Newburger for re-
election and also that Of City Court JUS
tice Smith. whose name has been coupled
with that of Justice Newburger in the
anti-Murphy campaign.
cambridge Colby, chairman of the
Partisan Judiciary Committee that
has the Newburger and Smith interests
in its keeping. said yesterday:
THE appeal. issued by Mr.. Battle to
lawyers on behalf OF Mr. Untermyer
might be taken seriously were it not
for the fact that Mr.. Battle is already
on record in a prior appeal asking for
the reelection OF Justice Newburger.
refer 10 the appeal signed by Mr.. Bat
tie as a member of the executive COM
mittee OF the bar for this judicial dis