New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-25
LAWYERS AND APPRAISERS.

LAWYERS AND APPRAISERS.
The LAWYERS who frankly testified yesterday
before the Assembly committee now nvestigat-
ing the Surrogate's office to the excessive fees
exacted by appraisers under Judge Arnold per
formed n useful service. ms some or all OF them
NAV have done in connection with the prelim-
mary work which led 10 the present inquiry.
These entirely competent witnesses leave no
possible doubt Of the fact that extortonate
fees were Systematically charged that APP
praisers commonly filed false affdavits ms to
the number Of days they were employed ana
that certain fayorites Of the late Surrogate
were regularly appointed in so many cases as
to make their business extremely lucrative.
Positive testimony as to the distribution OF
profits SO acquired has not yet been produced
but we hope that it will not he lacking long
The enforced retirement Of Surrogate Arnold
showed that the investigation was not ordered
too soon. The facts Just brought out show
that it was not ordered soon enough Inc
abuses proved yesterday were not Of recent
and sudden growth They had flourlshed Tor
years and were evidently matter OF common
knowledge 10 the legal profession. During all
this time lawyers Of high repute were well
aware of what was going on. II IL pertinent
therefore. to ask why they did not take action
sooner We have said that members OF the
profession who assisted Mr. Fallows in his In
formal inquiry and are now appearing as Wit
nesses before the committee have done well.
We do not hesitate - add that they would
have done better If they had not waited so
long They tell how estates were plundered
against their will, Of course. but nevertne-
less by their consent; how needy heirs suffered
from the rapacity Of the Surrogates appointees;
how false oaths were constantly put on record;
how compromises between an appraisers hrst
demand and the legal fee were habitualy ar
ranged on a basis which though the original
claim might have been cut down one-haf. was
still gross extortiOn They say or imply,
that II was necessary, or AT least convenient,
to tolerate these abomnabe practices for tho
sake of their clients in order that settlements
might he expedited instead Of Indefinitely post
poned. 1t IL actually In evidence that threats
to protract proceedings until the statutory fees
should. with a semblance Of legality, amount 10
the sum illegally exacted we're often made and
Welded to- no complaint being laid before the
Surrogate because that would have been or
no use"
1t strikes us that this is a pretty serious
state Of facts for lawyers 10 acknowledge I'M
der oath They have combined 10 some extent
of late TO put an end 10 these rank abuses, but
we are not sure that they would not have con-
tlnucd TO support them for years TO come II
younc man who was elected to the Assembly
last November had not cherished an honorable
ambition to distinguish himself by using his
first official opportunities for the benefit Of the
profession and the public. Most Of the revela-
lions made Yesterday might have been made
long AGO; their truth would have been rs In
disputable then as II is now and we see no
reason to doubt that they would have been
practically effective. Is il conceivable that II
these reputable lawyers had publicly declared
over their own signatures one or two or three
wears AGO that Surrogate Arnods favOrite APP
praiscrs were extortng Illegal and outrageous
fees from them nj the cost OF their clients by
2 system Of virtual blackmall which involved
p Justification Of the records of the SuToGae's
office. no useful results would have followed
sucb an exposure? on the contrary. we know
and they know that such practices would have
ended there and then. and that no Legislature
would have dared to refuse m investigation II
they had demanded one.
Why dld these members Of the bar neglect
50 long to relieve themselves and their clients
Of the oppression TO which they now so copl-
orsly testify? That IS n question which lay
men may ask but which lawyers arc perhaps
alone competent to answer. II appears TO us
That an obligation rs we'll rs an opportunity
has been presented To them all this time. They
are not merely members Of the bar, they are
officers Of the court. and bound TO use their
best ondeavors 10 make the administration OF
the law pure and efficient. In the expressive
vernacuar of the period, II IS mp to you, gentle