The sun., 1919-07-31
TAMMANY TRIES TO
SOOTHE NEWDURGER
Organization Leaders Making
Frantic Efforts to Prevent
His Candidacy.
POINT TO MANY FAvoRs
Friends Of Untermyer Argue
His Fitness for Post De-
spite Youth.

Powers that be in Tammany Hall are
>1haustins every argument. using every
hnuenoe and pulling every string in
sight In desperate effort to induce
Justice Joseph e, Newpurgor not to re-
sent the slight implied in turning him
down for denomination to che Supreme
Court after twenty-eisht years Of faith
fui service on the bench.
In almost n panic over the public
resentment against the organization be-
cause or its inexplicabie action, the
leaders are declaring, that something
must be done to prevent Justice New
burger from remaining In the race
against the thirty-three year old son of
Samuel Untermyer. who has been placed
on the ticket In his place. Diplomatic
agents have been dispatched post haste
to the Hotel Champlain at Bluff Point
in an effort TO placate Justice New
burger. Indeed, II was reported last
night that as many as three different
men had been sent to approach the
Justice from different angles, but all
with the same end in view.
These personal visits have followed
messages and pleadinss by letter and
telegram and by telephone, urging the
Justice that I'm fairness to the organiza-
ton. which had kept him on the bench
so long. he ought not TO do anything
which would inJure the chances OF Demo-
cratic success this year. Friends of the
Justice cay he 10 eminently fair. with
a sense OF gratitude strongly developed,
and that these Arguments have disturbed
him not little.
Justice withhoIds Statement.
II was for this reason, it was under
stood last night, that the Justice did
not find himself In a position to make
a final statement as to the course he
viii pursue. He wished to talk with
some friends who had wired him not
to make any decision until they had
had q chance to talk with him. These
enough to talk about fairness and loyalty
to the organization, but he must at the
same time consider what fairness and
loyalty the organization showed to him
to turn him down in twenty-four hours
after his friends had had positive as
surances that he would be renominated.
Also they will point out that no consid-
GRAFTON ought to be given to an organi-
zation which would deliberately put out
false statements about his age, the time
he had served on the bench and the
condition Of his health.
As a matter of fact many Of the dis
trict leaders who would have fought
against the turning DOWN of Justice
Newburger to the end were induced to
agree to It by Just such statements
They are exceedingly bitter about it
now Indeed. there Is q feeling Of re-
sentiment developing slowly all through
the organization at what Is now con-
sidered to be a political blunder.
Although Justice Newburger had made
no public announcement OF his decision
20 run In the Democratic primaries
against Mr. Untermyer 1t was learned
yexterday that his friends here had been
told to go ahead with the work of get
ting signatures to these designating
petitions. 1t is the desire of the COM
mittee OF the bar, which has this mat
ter In hand to get an impressive num-
Der beyond what the law actually re-
quires.
Untermyer's Friends Active.
Friends of Mr.. Untermyer pointed out
yesterday as a proof of his ability that
he was admitted to the bar when he was
70 years old. They say he has been
connected with the firm of Guggen-
heimer. Untermyer & Marshall for eight
years, and that he had been admitted
to the bar two years prior to his admis-
sion to that firm. Louis Marshall OF
that Arm said yesterday that some Of
our most able and distinguished Judges
assembled the bench at an age below
that of Mr.. Untermyer (33)." He de-
clared that Judge Joseph Story became
Q Justice of the Supreme Court Of the
United States at 80. James Kent Of the
Supreme Court OF the United States at
~, Justice Samuel Seabury at 80 and
Justice Morgan J. O'Brien and Irving
Lehman at So
IF a lawyer Is not possessed Of the
qualities essential 10 the proper per
Torrance Of the duties Of Justice Of the
Supreme Court at the age of 80 In my
judgment he 10 not likely ever to be
qualified" declared Mr.. Marshall.
On the other hand 1t was pointed out
that while there Ia no legal service re-
Quir ehent for elevation to the Supreme
Court bench the law requires that man
70 be eligible for the Court of Special
Sessions must have been a practising
lawyer for. at least ten years A
Municipal Court Justice must have been
in practice for hye years, and three
years OF practice are required even TO
become a City Magistrate.
william F. Schneider. who got his
Job of County Clerk through his Or
ganiEation known rs the Cleveland DEM
ocracy. said yesterday that In addition
20 circulating petitions for the designa-
tion Of Justices Newburger, Richard h.
Smith and James A. Allen they would
consider the proposition of putting an
entire ticket in the field against Tam
many Hall.
Herbert d. Ihmburg sent last night
the following statement from Brandon,
VT. where he Is spending his vacation:
1.-THE stories that my nomination for
the Supreme Court was under considera-
ton are without foundation. AS a
lawyer. having regard for the high
standard OF my profession. regard as
an insult the suggestion that would
entertain such a nomination at the ex-
pense of Judge Newburger.
'Tt was a scandalous disgrace to turn
down q Judge who has uprightly. faith
fully and efficiently served the commu-
nifty for twenty-eight years.
at Is about time that we find out
whether judicial offices In New York are
the property Of any one Individual to be
disposed OF as his personal motive or In
terest may dictate. The voters of all
parties will unite to answer In no un-
certain tone"