New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-03-15
TIE srRROGATE,S OFFICE.

The investigation into the conduct Of this Office has
disclosed Irregularities and Illegal practices
which have been carried for both under
Of the present Surrogate and those Of
his predecessors. Certainly, under the present in
curnbent the Office been largely by hi subord
simply for the purpose OF backna Oh those unable
to defeud themselves
The laws now IN force regulating that Office seem n
your committee % bee capable OF but one construction
under existing neither The Surrogate any OF hi-
suboIdinaes or assistants are authorized to receive OF
IN section 1867 Of the Code OF Civil Procedure and such
for expense In cling al the rate OF ten cents le,
when ht obliged 10 transact business away from his
onlce and IN Len cents folio for copies Of records made
the Office by any of The suhOrduatcs 40 the request OF
%pia ~ resntion or tbs BOARD of Aldermen tac clerk
mittce Is clearly Of the opinion that n was not the
intention OF Legislature 10 allow any other fees % be
the Office purpose WIdtc -r. and that
any moneys received or fees collected IN ihc ce FOR
any other purpose than those already specified we're
received or collected slAout authority of law.
10 appears that the 7uItos l'e Aiui,eu mas never
charged any fees mileage for services performed ont
side OF the olce, and 10 also appears tdt ur hodIu OF
Aldermen passed resolution some ears ago authorizing
the clerk pf the ~urrosc7 Court 20 receive iof Ms own
fees for copying records at tie rate OF ten cents
Oh0 Thi- resolution was vetoed by the Mayor aud was
Surrogate Notwithstanding these facts the resoiu
Sntborre he collection OF the ICES; bat mis- your com
mittee does not believe to Oe the r-ht construction Of
II the fees FOR copying records the only ones
which had been received IN the office by h" suoordl-
-, IT
oeyed under color of right and that tie question or the
validity OF the ordinance 10 be settled 10y the
under authority OF that resolution are only
drop ia the bueEet Or The evidence shows tat 10 has
been TIRE custom In the once for years for The subord
mates To receive and exact Pay Tor almost every service
performed by them OF any Kind or nature whatsoever
Tie evidence shove that AZ least $4,000 and probably
sum vastly ~ excess OF THIS amount M7 re' 60 ~
the various clerks and assistants IN tue Office during tic
year 1888 from all sorts OF and for every de-
pon OF service None Of the clerks who received
these money kept any OF holu except in
instance. II was therefore impossible TOR your com
mttee 10 ascertain the exact amount received aud
though. by the admissions OF the different clerks.
appears that only about $4,000 Of Illegal fees
collected doubt that the amounts
actually received we're largely IN that sum.
Under existing laws al the clerks IN the SurTOEse's
Office are pad by the city; but strange a. n NAV an
near the Surrogate Iusst unlike Other c1ut, niic'r.
salaries Of any Of hir snbofdInates this power
and the Board OF Estimate and App0rtOumcnt Is
obliged upon the resolution OF the BCard Of Aldermen
appropriate moneys sufficient W pay whatever salaries
the Common Council rec nt ~ adopt for unlimited
number OF employees Another curious and unique fea-
derneB have power 10 the Surrogate
for the balance OF his term, should his office for any
become vacant before the full term has expired
Your committee, after very careful examination OF
the subject are unanimously OF the opinion that all
power the number and salaries Of the sub0pnaes
Ia the office should be taken away from the Board VI Al
derInen and lodged In the Surrogate himself subject
the restrictions now imposed BY law upon al other
heads OF departments In the city, and subject To tho
limitations have been imposed upon the County Clerk
and Register IN the bills presented relative 10 those
OnIoes Your committee also unanimously Of the Opu
that the power 10 MI vacances in The Office should bo
taken from the Board or Aldermen aud lodged IN
the Governor who should have the power win
Surrogate that 10 POSSESSES with respect
~ other Judicial offices.
The evidence also shows that system has grown up IN
the Office which, whatever II may have been originally
has certainly source Of wrong and h1ns
uoe namely, the granting II special privileges 10 cei.
VINO allowed desk room and who permitted 10
perform certain services fol tue public al large and ~ e1