New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-09-03
Who is First Jude Of the New-Eork Com.
rucr Pleas Who is Surrogate OF this
County =


t. fas fGnor Of TAe y. y. TrbUH>
SIR: Since tie death Of Mr.. West the late Sdrro'
gate q grave question has arisen whether the oihcs
Of Surrogate OF this county Las dcvoye ulon Judge
DAILY or the First Judge OF tie NewYork Common
Pleas.
Prior 70 The adoption Of the present Coas,iiution Of
this State, K was provided by statute that when the
Office of Surrogate Of ans county sloaid be vacant,
the First Judge Of the Court Of Common Pless Of
such county should act as SURROGATE un,il such
cancy be supplied
~ tue Constitution, it was decared hat tn. Sur
rosate's Court OF this county should remain with ~,
present powers and duties until o'let'se directed
by the legislature, and tie then .nc1a.5rrt Of 10
Office was to remain therein FOR a spec..ti Eeii.j.
The Legis AZURE immecil'ey after O. adoption OF
The Constitution and ia pursuance Of coustitd.
tional provision IL relation go the SHro re and gr
rogaies Court Of this comfy, paesed an act directing
Surrogate 20 be elected, and also provided that, in
the event OF sucn Office becoming vacant, II should
BE- filled By the Boaro OF Supervisors until the next
general election next ensuiug the happening 81 such
vacancy, wien an ,lr lion should he lad 70 I'll tho
uueXplrcd term Of the officer whose Office had be-
come vacant. The Cours of Common Pleas Of th
various cour,ies wee abolished by the Constitution,
aud il my be objectionable whether tie general pro-
vision Is to the First Judge OF such courts acting
Surrogate IN the cases then PROV ded for is at al APP
pic.ble 10 tie Office Of Surrogate OF this county,
particularly as the Legislature in providing for tha
election OF such Office, also spe,iiy provided for
the filing Of that Office in OF vacancy.
But conceding that the statute which -oyided for
tho irst Judge OF the Court of Common Pleas 70
act "a Surrogate in case OF vacancy be n full ioice
and effect, the question then who IS tie Fast
Judge of the Court Of Common Pleas for Tie City
and County of New-YOrh
The Statute has declared which Of The Judges shall
be Firtt Judge In tie event OF the Cont omiingt 10
make selection L. is IL, follows;
" The judges of the Court OF Common Pea' 80 elected
which aid selection shall hs DE within ten csy 1nef no
OF tic term Of Office Il any aeh IHise 'sea
shall be entered with the Clerk 81 the Court snd no seec
ton sha be uisde the judge Mt elected Tor al nnrAeo
term. sui having tho shortest tuo ~ sere' ~ De ''''
In November last, Judge OF thai UouDt was
elected Tor l term, and TIE Court oiI hoi' "ltuiI
the ten days aiter he commencement 81 TIE term ="
that Jnige but altogether omitted TO make The selec-
ton ot Flrs Judge md Us a necessary consequences
of such ols sion The Judge aayng 'he shortest term
t. serve il, and the statute declares, "spaA W
Firet Judge and The Judge having lie shoI'ess
tenn Ia serve is net judge DAILY
llas the acting Surrogate considered his AL m
pofiaut subject Iia' 1t occurred 10 Lin mat ~
every olioini act he is perlorn z he seniailins
u, on the community an uncertainty and lnseclriyS
property from INCH IL may take Yeas % recover,
cngcndcrlng fruitful sources OF litgtIon 10 be acc
companicd hereafter by the walls OF widows AMI Or
puaus who's. Impoverished too often follows me
wake Of devastating law suits
Bur It may Ice said that although the Judge If nos
Surrogate dc Jayc he Ia Surrogate de taf, AUD 'has
his official acts will be held valid. THIS posu9hh
unienable aud cannot be Sustained upon plueil ~ or
authority. An officer de tactO is who comes iuto
office by color OF legal appointments or election "a
such office, but where one hss taken posserf!on ~
obtruded himself Into iii q, horipg 10 'o'r go
and assumes tie functions belonging 10 '"' oA'', n'
acts null and yoii ~.
la view Of the great interests ln'ol'eC' "oulu u
no, liz we'll tor the B0uG ol SIpcViA9ts % petio'"
their duty ia appointing Surrogate iis eau Oh AZ
tesnting to le aAte tie political ehess-toAld IA con
nectiou with ,hs Office, by when certain eN-MHos
is to make An important move, aud receive ar'Sa'"
10, inuuon. II, "a
II. however. Tie Supervisors are dtto-iniued 10
prove rocreant 70 their duty aud violate tie !mpe'a
tive sintu,o which snoias upon them The Iecess'.
appointing II Surrogate Whenever that eiliee shAi, q
vacant then let the Fast Judge 81 lie Cyars "
Copwoa Plsss III that y0tli0s A