New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-27

tons and Mr.. Taintor forced to sit down as
the Speaker banged his gave
Mr. Fallows then explained that the matter
had been before the New-York Bar Association
since 1895 While the illness Of Surrogate Ar
mold forbade an examination then. 1t could not
be pleaded in his defence now, when he was
carrying a large private practice to the detri-
ment Of his public duties. Every expedient had
been exhausted before the Bar Association ap-
pealed TO the Legislature First. the press called
attention 10 delays in the Surrogates office and
took the matter up. II was felt that exposure Of
this kind would correct the evil. but II did not.
Mandamus proceedings were the next resort.
and in one or two instances they succeeded in
Erecting the desired They. however.
were expensive and thus impracticable for most
OF those who have dealings with the Surrogate.
Then the Bar Association was appealed 10, but
It had been utterly unable to cope with the stu
alton. At last the Legislature was asked 10 see
whether this great evil could be remedied.
ESTATES WASTED.
There had been unreasonable delays in the de-
cison Of cases. Mr. Fallows sald-not delays Of
weeks or Of months. but OF years over two
hundred OF these cases had been discovered so
far. One case he could tell OF where the Surro-
gate had been eighteen months in passing the
account Of an executor. In another there was a
waste TO a rich estate OF $4,000 year. and II
had gone on until 1t amounted 10 SlooV" ana
still no decision was forthcoming from the sur
rogate
Mr. Faows told also OF widow and children
who had been compelled 10 make an unfair set
tlement in order 70 get money to live on be-
cause OF the Surrogate's delay. Let US have
the decision in our hands" the woman said, and
we can do anything" The delay operated as a
denial OF justice.
Mr. Failows pointed out that taxes accumu-
late during these delays. entailing enormous and
unjust expenses on estates. In the interests OF
justice. he declared there ought to be an IN
vestigation.
Mr. Green. Of New-York said Mr.. Fallows's
arguments were not logical. He asked members
70 trust him in proceeding designed TO smrch
the character Of a man who had spent sixty
years building Il u. The passage Of the reso-
luton would be cruel and unjust In conclu-
sion. he said:
THE Democracy Of New-York City courts
such an investigation. but l appeal to your
manhood TO send this resolution back 70 the
committee. and give the person at Wnom IL IS
aimed a chance to be heard. II the charges are
found true then impeach him.
THE FIRST VOTE
Mr.. Palmer's motion to recommit the resolu-
ton was lost IS TO %.
Mr.. Green offered amendment that the
matter be referred 10 the Committee on Jude
fairy. with all the powers 10 carry on an in
vestiration that would be vested in a special
Mr.. Trainor had amendment also. II was
TO have the investigating committee act as It's
own counsel Mr. Trainor did not want the
Legislature TO provide place for John Proctor
Clarke Let the Attorney General furnish coun-
sci. said he II the clause providing counsel
were eliminated, Mr. Trainor would furnish
legal advice free OF charge He spoke Of John
Proctor Clarke the nearest and dearest
friend Of Mr.. FallOws, and as man who was
looking for office. Mr. Trainor wanted 10
ask Mr. Fallows a question. will the gentle
i-f1 he ~t-rn he CoiN Cd
this resolution? ."
NO; I will not" was Mr. Fallows's reply.
1T was not from the Governor" put in Mr..
NO" said Mr. Fallows
Then, addressing the majority, Mr.. Trainor
said commiseratingly: Gentlemen II you were
permitted TO act your own responsibility I
know these resolutions would not he here. You
are Obeying the mandate Of the Governor. and
/ must do what he asks"
Isn't II true Mr. Croker has asked every one
/ II YOU 70 oppose II retorted Mr Mason Of
/ Oneida
Mr. Taintor replied: mo: Mr. Croker courts
/ the widest investigation in each and every de-
/ partmert in the county Of New-York."
Mr. Slater ridicued the statement that Mr..
1 Croker courted investigation. and spoke at
/ length In favor ~ the adoption OF the resou-
ton.
He was followed by Mr.. Mazet, who declared
that thousands Of dollars had been dissipated
by reason Of delays in the Surrogates Office in
rendering decisions
/ Four amendments offered by the minority
were defeated. and the resolution was adopted
/ by party vote
The decision 70 investigate the surrogate's once
did not bring any further statement from surro-
gate Arnold yesterday. He had said he had a
legal right give appointments and other prefer
cnces 70 his con and also his clerk. Some law
vers quoted the code 70 show that Il Illegal
for him 70 do When ne asked about the
matter yesterday he said he did not care to talk
on the subject.
/ Local Republican politicians cay that the prep
arations for the Investigation have been COM
piete mat the removal OF surrogate Arnold may
hn nredicted. John Proctor Clarke is 70 be the
counsel ior the Investigating Committee. and
George G Austin IS being talked Of a proper
man 10 he appointed Surrogate when Mr. Arnold
Is removed.
EXPENDITURES TO BE REDUCED.