The New York herald., 1876-10-23
MR.. CALvIN's cANDlDATURE.

To THE EDITOR HERALD
The attack of the Sun upon Surrogate CALVIN is
gross outrage The charges made by that journal ere
without the slightest foundation in fact In It's issue
Of Saturday, 2lst INST, It says
There Is nothing in all rwceds history rascay than
Calsins ward IN the Starin case.
The accusation made IS not that Mr. Calvin, whiie
acting Surrogate in case referred 10, erred in
! Judgment, but that he made corrupt decision as
referee Where so gross imputation is cast upon
judicial officer IL is important that the public should
know the actual John II. Starin, Jr, MS assignee
OF William McKcag, who bad been attorney for the
Board OF Commissioners OF Excise of the city and
county OF New York, brought suit against the city TO
recover for services rendered by Mr.. McKeag ator
ncy Tor that Board The referred 10 Mr..
Calvin. The evidence showed that McKcag was ap-
pointed as attorney for the Board OF Com
missoners of Excise in the year 1858 and
continued as Its attorney until the spring
OF 1865 Under the direction OF the Board Mr. Mckeag
| commenced, IN the Court of Common Pleas, l4,9l5
| actions On the 10th OF April 1872, M Mckcag pre-
sented bill Tor the balance alleged 10 be due hun
(anor dcducng what he had already been paid or had
reccyed tho Board OF Supervisors of the county Of
| New York. The matter was referred TO the Committee
\ on County Officers. No action taken until after
the passage of chapter 304 OF the Laws OF 1s14 ON
the 81 OF june 1874, Mr. McKeag assigned his clam
against tho city to Mr Sarn. The question for Mr..
Gavin, MS referee, TO determine was tho amount OF
compensation which the city liable in law pay
Mr. McKeag or hts assigEor. All the trouble arose
from the fact that the Board OF Commissioners OF Ex
omitted make agreement with their attorney
regard 10 his compensation. For this gross neglect
duty the Board deserved censure. The result
that the city liable tor an infinitely larger
amount than it would have been had the Board OF Ex
complied with its duty and given its attorney
salary. The neglect OF the Board to discharge it's duty
in this respect severely censurcd by Mr. Calvin in
his opinion stating the grounds on which his decision
was based. Mr Calvin, In his opinion says
EXTRACT FROM cALvIN's OPINION
If the parties having the power to contract had agreed
affected the salary but II at the end of tho first
and esponse Sir MeReas would have been
at liberty TO exact an adequate salary or decline reap
agree that in the absence
the and usual charge for such services at
least the taxable cost is not fair 70 suppose that both par.
ties knew the customary charges and that the appointments
was made and accepted upon that basis -
Under the code held @ aSt @ a. attorney has lien npon
J., in Richardson, The brooklyn City and Newtown
1esht Of authorities is to declare ha The lien or gh,
costs 10 any stipuia;cd but that the alb
such agreement the taxable costs prima facia
ties tSee also Hairht vs. IIolconb Abb, 2ioJ
OF tile evidence IN this / able is that
n 'h o. any m apd IN view Of the oov
neglect the Commissioners Of Excise to ix the
nm Of The opinion that should adopt the estimate iur
BY paia n witnesses taking the lowest estimate by
either plaintiffs witnesses that OF exJudgc Samuel
ksag and allowing interest the balance from the date =
1p & l se or onn psn ssns M New Yok @
| Mygait VS. Wilcox. As New York, 3o5)
| 1t was with great reluctance that Mr.. Calvin,
referee felt compelled under the decisions OF tho
report favor OF the plaintiff for large
/ amount Amer most careful examination OF The
4 evidence and of Az the decisions bearing upon tho
subject Mr Calvin Tendcred bis decision he
scientousy believed in accordance with tho evidence
aud the law IL the clear duty OF the Board OF Ex
else o employ attorney and give him reasonable
salary. The amount of the salary should have been
liked by positive agreement between the attorney
and the Board. The city has appealed from the de-
csion OF Mr. Calvin as referee IN this case, and II no
erred in his construction OF the law an appel
late court will reverse his decision. Any referee
| judge is liable TO err in the construction
| OF the law but to charge corruption,
| If Mr. CALVIN construed the law crroncously,
| is gross and wanton outrage. All who have known
Mr. CALVIN from his youth until the present time
speak OF him the highest terms as able lawyer,
| a man of pure and unsued character always faithful
aud CONSCIENTIOUS in the discharge of duty. During
the few months he has lled tho position OF Surrogate
OF Tins county no has discharged the duties of the Office
with mark ed ability, untIrng assiduy and impair
TALLY rarely equalled and never surpassed Lawyers
whose professional business has brought them before
HIM, with scnrccy exception, irrespective of poll
tcs earnestly desire his continuance in office. His
decision tho \ T. stewart Will case called forth the
commentator OF the entire press OF this city with
one cxceptionl and Of tho whole country The follow
ing extracts from surrogate Caivns decision IN that
! case will show how deep-seated arc MS views upon
subject IN which the community takes tho deepest In
terest:-
|
Some observation and experience have led dcplore
the growng everent disregard by heirs at law and of
" or an asnnianes and Who nursnant to law
NM ~ "o,v ,nsir ni,tancs or .pa,r snr ma @ NV Nv
cordin their w resulting in The dissipation Of for
seemly legal contests. until the performance Of solemn
performance should prove seriously detrimental. rather
10 S,s sy gS are 5 0SSe s and Of n1
Gated by those Of moderate means than by the wealthy
executed the amounts devised bcqueathcd small,
ad o an ana h.pmse s
education OF beloved and Gutu offspring the soiace Of
some worthy christian clarity Or public bepetseon a.
position should bo encouraged and parcu-
ary hoad the RTae,isSs Of an ii
receive irnm the for their
n be IS & Ts
good faith before they receive allowance from the estate
/ NJ.
| In the case Of starin, assignee OF McKcag VS. Tho
CITY, Hon James NJ Smith, as special counsel, tried
copy OF letter which he wrote alter the decision
of Mr.. CALVIN, referee, had been made public, and
somewhat severely criticised BY portion Of tho
prcss:- -
por, Of the referees CALVIN the o. John H.
stan J. Tho Mayor, &c Before received had
upon Mr. Calvin for making such y report l called
wBeh 0 gave fully oSs without az" rsaes;ion the in
Or intention % Ne Of ne rssss 81 saw % osy IN .Is
variance with and that ho very decided in his
| OF compe ensation and the rule to be adopted by
which such compensation should be hSed i.is views
mine those questions differed, and In the
exercise of his Judgment he awarded the plaintiff little
half of the which claimed him. adopt
ing the theory that the attorney entitled
each brought him. instead my theory that
be only entitled Gf to anything under the law to
aud reasonable compensation for tho services
dered. had "a lair patient and hearing before
tho referee aud should consider unSenSrous unjust
him motive that reflected upon his honor
or Integrity in making III, rpor, though wc
differed tho law and rule OF compensation. Truly
yours, JAMES NJ SMITH.
| AFFIDAVIT or JUDGE BoxxgY
The following affidavit will show that the late ex
Judge BonDcy, at time Judge OF tho supreme
Court-an able lawyer ana pure aud upright judge
took the same view Ar. Calvin Ia respect to the le
! gaty Of Mr.. Nckeags clam for professional ser
|
| State II Ncr 1ork. C;ty and County of N-c Tawk
Thomas Cogan, OF said city. being duly says-that