New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-09-13
Fight ON Two
Judges Scored
By Wickersllannn
Believes Second Districs
Voters Resent Efforts
of Livingston Machine to
Shelve Clark and Aspinall
Recalls Newburger Case
Likens Present Situation
TO Murphy's Attempt to
Place Irwin Unterxnyer

RACE lrWan UnterSMyer
George w. Wickersham, United
States Attorney General under Psesi-
dent Taft and former president of the
State Bar Association, yesterday Joined
the large number Of prominent Repub-
Iieans who have denounced the action
of the Livingston machine in trying to
shelve Supreme Court Justices Lester
W. Clark and Joseph Asphalt. Both
are Republicans.
No reason has been given by Jacob
A. Livingston, who controls the major
portion of the Kings County organiza-
ton, In refusing to indorse them.
These justices have the backing Of a
comparison citizens committee, which
is thoroughly organized in the I'd Ju-
dieial District, and have been entered
in both the Republican and Democratic
primaries.
Mr.. Wickersham likened the action
Of Dir. Livingston and his lieutenants
to that Of Charles F. Murphy, who tried
last year to shelve Supreme Court Jus
tice Newburger to make a place for
Irwin Untermyer.
Politicians Slow to Learn
"Is ia astonishing how slow political
managers are to realize that the people
are determined not to have their judges
made the. puppets Of political BOSSES"
have supposed that the lesson taught
the Tammany Hall organization in New
York one year ago, when the Demo-
cratic boss attempted to turn down and
refuse nomination to Justice New
burger and his associates, whose terms
Of office were about expiring, in order
to hand out rewards to political fol-
lowers, would not be so soon forgotten.
ut is gratifying to note the swift &C.
ton Of the bar and the independent
citizens in the second district in placing
in nomination faithful judges who have
served their terms in office acceptably,
even though the heads Of a political
organization may have been so pur-
blind as to refuse to recognize them.
ut would be great misfortune If
such man as Lester w. Clark were
not continued on the Supreme Court
bench. While a consistent Republican,
he has administered his Office as JUS
tice Of the Supreme Court without re-
gard to political considerations, with
out gut fear or favor and strictly as a
bench with the best preparation. A
graduate of Harvard University and
the Columbia Law School, he has had q
large and varied general practice at the
bar, and he was recognized as possess
ing fair and judicial temperament
. During the fourteen years Of his serv-
lee on the bench these qualities have
been constantly manifested.
ut has been my pleasure to have
Clark q number OF times, and my re-
apeet and adm tration for the man have
been deepened and enhanced by my
observation of the performance Of the
judge.
1.-THE same objection which, under
stand. has been put forward by the
political managers who desire to hand
over Judge Clark's place to one of
their adherents, was advanced in the
case Of Judge Newburger, and should
be rejected here.
"a Judge who has served fourteen
years on the bench with credit and
hdelity should be allowed to give the
benefit of great experience and ripe
judgment to the people during the re-
naming few years of his permissible
term. When. under the constitution,
ne 9S compelled 10 retire, ne 10 eligible
FOR appointment as official referee, in
which capacity he may we'll render
most useful service TO the community.
Il feel great confidence that the
good sense of the electors Of the Sec
ond Judicial District will resent the
attempt to destroy the independence
Of the judges by reslecting Judge
Clark and Judge Aspinall TO the places
they so we'll have filled throughout
their terms of Office"
The Second judicial District COM
pTsses Kings, Queens, Suffolk, Nassau
and Richmond counties. Mr.. Wicker
sham lives in Manhattan.
Five Vacancies ON Bench
There are FIVE vacancies on the Su-
pseme Court bench in the second dis
tyiet. Mr.. Livingston's selections are
Frank 8. Cannon, Of Richmond; JUS
ttee Walter Jaycox, Of Suffolk; William
3. Petit, Of Queens; Charles B. Law
and John MacCrate, Of Brooklyn.
The anti-Livingston wing Of the
Kings County Republican organization
y supporting Justices Aspinall and
Clark.
There are fifteen candidates for the
: dve nominations. The other eight are
Selah B. Strong, Norman s.. Dixie,
George A. Voss. Jacob 8. Strahl, Fred
.. Martyr, Charles w. Philipbsr,
Justice Townsend Seudder and Alfred
j. Gilchyist.