New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-25
THE SURRoGATE'S TERM or OFFICE
THE DISPUTED POINT CARRIED TO THE styPREM



THE DISPUTED POINT CARRIED TO THE SUPREME
COURT.
The Supreme Court has been called upon to
determine the question of the length of the term OF
Surrogate Cayin's tenure of Office. The Secretary OF
State has taken the position that IL does not expr,
until December 81 1882 and therefore issued no no
uce for an :ction of Surrogate in his place thl
fall The Corporation Counsel when called upon for nm
opinion said he thought 1t doubtful question and
that should be left to the party conventions to no
nate candidates or not as they thought best leaving the
point to be settled in the election between
the present incumbent and anyone might be
in his place.
And now NewYork lawyer takes one OF HIS client.
before Justice Westbrook III the Supreme Court Cham
bers, at Kingston, and has him present a De
lition as citizen and voter Of this
city, and clay the facts" IA Charles Roscncrap,
the petitioner says his affidavit fully and fairly as
understand them before the Court in order that thi
Court may then apply the principles OF law governing
this to the end that this question OF such vital i'm
portancc to the public and TO the voting population OF
the city and county of NewYork including this depo
nent may be fully and properly determined" on THU
petition Justice Westbrook Friday granted an ordc,
requiring Secretary of State Carr to show cause at
ton next Thursday why mandamus should not issuo
directing the Secretary OF State to issue new election
notice to the NewYork Sheriff including the Office OF
Surrogate of this county the Offices to be filled
at the next general election.
Surrogate Calvin said yesterday TO TRIBUNE reporter
The proceedings before Judge Westbrook were taken
without my knowledge suggestion But 1 am graft
fed that All opportunity is afforded for determine
ton of the question. If only definite conclusion
is reached is not of very great moment to me whether
II is one way or the other But # election should be
naa thS year amd then should turn out that was
same thing would nave TO be repeated year far
written opinions Of four five the best LAWYERS or the
city, and to be guided entirely by their Judgment
to the matter was about two years ago Mr. Blunt
came to Mr. Minor and said he thought he could convince
expired term of Surrogate Van schaick After a very
until this The action of the Secretary in ssnn
the notice OF election to the Sheriff without Including the
my part But during the summer vacation Mr. Carr sent a
letter TO IN me- stating what he had zone and aslng
TO the statutes and provisions Of the Constitution on the
dsred that his duty to a under pph hs
the proper law officer without regard to what might
The question under discussion arises under
anaer section Of Article of of the s0' cons @
tuition BY the act of ls47 it provided that the
years from the first day of January following his cleo,
ton in the event Of his death it provided the
chosen in. to FIJI the une5pred term About this
mai Ina Until 1859 m when statute
thereafter elected to DO Surrogate of NewYork County
s9oud be six years Those who side with the Secretary
Whole ~ b do sney argue a. Calvin
was elected for the term of six years IL is cOntended
on the other hand that the provisions the law Of
lS47 that successor To deceased Surrogate should
be elected only for the xpred term, being
caly repealed continued in force under the law 1869
which intended only To apply to the Surro
gates elected at the expiration of regular and
extend the term Of office from three six years. Tn,
position OF the Secretary of State is further strengthened
ny the amendment TO the Constitution referred ap
proved in 1869 which provides that County
Judges then in Office shall be chosen for years. and
the Legislature provide for the election Of
rogates in counties having population OF
10000 and whose term OF office should be the
that OF the County Judges