The New York herald., 1876-10-17
The omc. or Surrogate.


There is general and just sentiment that
party preferences should count for little in
the election of judicial officers. The judges
in our courts should be entirely impartial
and independents They ought not to be
selected because they are democrats or re-
publicans, but because they possess fairness
of mind. legal knowledge and a sense of JUS
tice too deep and abiding to see anything in
a case beyond its intrinsic merits. The
supreme requirement that judge shall feel
no iavoritism, that he shall be above friend
ship or grudges. that he shall treat political
parties as if they did not exist. that he shall
be blind to persons and see nothing but the
law and the evidence. while it is binding
upon all judicial officers. has a peculiar
application and obligatory force in relation
to the court of the Surrogate
The Surrogate is judge clothed with
q paternal as well as judicial functions. He
is the guardian of orphans the protector of
widows, the shield of the helpless. He is
called to administer justice and do equity in
connection with the most heartrending
trials of human life. Widows, in the habili-
ments Of mourning, who have not yet dried
their tears who feel that all matters of busi-
ness are an intrusive mockery Of their grief,
and who lack the spirit to assert their rights
like ordinary clients in a court of justice
are the most frequent suitors before the
Surrogate. The rights of defenceless young
children are submitted to his jurisdiction,
and he is bound to see that their inher-
itance is not eaten up by legal COSTS
He is required by law to appoint guar
dians for minors-a delicate duty
which demands the utmost wisdom, fore
sight and consideration. He decides the
cases which come before him without the
assistance Of jury, and although appeals
lie from his decisions to the Supreme Court
and thence to the Court of Appeals. ag-
grieved parties are seldom in position to
have recourse to this remedy. Widows are
too much broken by grief and minor
orphans too ignorant to pursue their rights
through long course of litigation. Unless
they get justice in the Surrogate's Court they
have no chance, in majority of cases, of
getting it at all. If defrauded heirs appeal
from his decision they are compelled to give
bonds for the payment of costs if the case is
decided against them in the higher courts,
and they may be too poor or friendless to
furnish such security. 1t is, therefore, Of
great importance that the Surrogate be not
only sound lawyer, but wise, discreet, i'm
partial, sympathetic man, who feels the
responsibility Of being the legal protector of
the helpless, who are often so bruised
by affection that they have but
little heart to insist upon their legal rights
Of all public Offices this is the last which
should be football of party politics. If the
republicans should nominate filter candi-
date for Surrogate than the democrats all
democrats ought to support him. and vice
rersd. There can be no excuse for making
such an Office political. We have suggested
some good names for this important position,
but we have no personal preference if We
can secure o good officer. John E. Burrill
Charles M. Da Costa Lewis L. Delafield,
Charles E. Miller and James O. Carter strike
us as list from which an excellent Sc
lection could be made, but any other equally
good name would be quite as acceptable.
All that we look to or care for is to have the
Office filed by an able, upright, impartial,
considerate and kindly man.