New-York tribune., 1903-11-27
AN UNSETTLED QUESTION.

The decision Of the Appellate Division in the
case OF Surrogate SilllmaD Of Westchester
County leaves the question Of his conduct in an
impossible situation Mr.. Silkman was charged
with practising law in the Supreme Court in
violation Of ;he constitution. which declares
that no Judge Of the Court of Appeals OF JUS
''tice Of the Supreme Court. or any county judge
''Or surrogate hereafter elected in a county hav-
sing population exceeding one hundred and
twenty thousand, shall practise as an at
'rOrney or counsellor in any court Of record of
this State or act referee
According TO the census Of 1900 Westchester
County contained 1S3.375 people and according
10 the State census Of 1882. which, we believe,
governs ia the administration of State law, it
had d population Of 1896 In 1895 certain
portions Of the county were set off and annexed
10 New-YOrk County. but the territory which
remained in 1900 when Surrogate Silkman was
elected, stin had more than 10000 population,
according TO the census Of 1892. OF this popu-
lation. however. 1900 were aliens, and the
court is divided 10 the propriety Of count
ing these in determining whether the letter Of
the law f9rhidS practice 10 a surrogate in West
chester County Its spirit. however. GER
tainly does. The census Of 1892 is now eleven
years cid. II should have been taken seven
years before and a new State census in 1875.
as ordered by the constitution. would GER
tainly have shown a citizen population OF 100
000; but the constitutional order WAS nterfered
with by the petty politics of David Il. Hill. and
50 an out Of date enumeration makes possible
The technical point. Moreover. when the pres
ent population vcrges on 100000, a correspond
ing respect for the rule intended 10 forbid prac-
tice In large counties is merely good taste
But the decision did not involve any of these
points. The Appellate Division held that the
offence, if any had been committed was Of
fetal. not personal. The practice Of law in vio-
lation Of the obligations Of judge was not
ground for disbarment as a lawyer. but for dis
cipline as q judge. The remedy IS not 10 le
sought IN the courts. but in the Senate which
nlay remove on the recommendation Of the Gov
ernor. or ia Impeachment
We have no knowledge of the facts Of this
case Whether Surrogate Silkman has prac-
tised law. as charged or whether. II he has,
tho constitution has been in its letter violated,
We have no means and no occasion 10 Judge.
But since the question is raised and is left un-
settled by the Appellate Division, there is a
manifest need for further proceeding TO de-
termine IL on its merits Justice TO Surrogate
Sillcman requires 81. Il is intolerahle that be
should be hung up with charge OF malfeasance
which Is merely pushed aside by the court with
the statement that II is not its business 70 ap-
ply the remedy IL any is needed. If the case is
left in that situation the administration Of jus
tice III Westchester County wiz be brought
under suspicion. II The Surrogate is violating
the constitution. some authority should deal
with him. II be is being wrOnged by un-
founded charges, he and the court over which
be presides Should 5e yindicated and those who