The sun., 1910-01-31

S1OTcS Oh IIle Oeu sStd up W NhC shOos Va
an electric lighted Mecca.
The Governor on NOtaries Public.
Governor HUGHES has just removed
from office upon the complaint of HENRY
A. WISE, United States District Attor-
ney, two notaries public in the county
Of New York. These men were charged
with having placed false and fraudu-
lent jurat upon affidavits used in sup
port Of applications for pensions. A
jurat is the certificate Of an officer quail
fed to administer an oath showing that
the oath was taken before him and the
time when the affiant was sworn.
In this State every notary public under
the existing law must be appointed by
the Governor for term Of two years
from March 3 in the year in which he
shall be appointed. In respect to the
number Of such officers the executive
law authorizes the appointment -of such
a number OF notaries public in and for
the several counties of the State as NAV
be necessary" IL also empowers the
Governor to appoint one notary for each
bank applying therefor. II the State
Senate is in session the appointment
must be confirmed by that body, but
appointments made during the recess
of the Senate to fill existing vacancies
hold good for the unexpired term for
which they are made without confrma-
ton by the Senate.
The statutory provision for the re-
moval of notaries public is contained
in the public officers law. which pre-
scribes that any notary public may be
removed by the Governor within the
term for which he shall have been chosen
after giving him a copy of the charges
against him and an opportunity to be
heard in his defence. 1t is in accord
ance with this provision of law that the
recent removals have been made.
In his message to he Legislature Gov
ernor HUGHES says that IL il manifestly
impossible for the executive department
with its present equipment to deal
satisfactorily with the matter Of the
appointment of notaries public, more
particularly because the qualifications
of the candidates should be subject to
a more careful examination than can be
given under the existing system. The
Governor says:
This matter might perhaps be connded TO the
Supreme Court under rules for the granting and
| revocation OF licenses and examination through
committees or otherwise with respect TO the repu-
tation and character OF applicants. and these
rules to secure uniformity might be formulated
by the Court of Appeals
We are opposed on principle to invest
ing the courts with the power to appoint
any officers except those whose functions
are strictly judicial, such as referees
and the like. Official patronage has al
WAYS been a bane rather than benefit
to the judiciary. II the Governor needs
to be relieved Of his present duties in
regard to the appointment Of notaries
public, his powers in that respect might
well be transferred to the County Clerks
Of the respective counties in which the
notaries are to act. Inevery rural COM
munity the County Clerk Is sure to have
q wide personal acquaintance and il
likely 10 be well informed as TO the busi-
ness needs and the demand for the SER
vices of notaries in different localities.
The County Clerks Office is the place
where records OF notarial authority
must be kept, and no public incon-
venience would be involved in transfer
Sjng the power Of appointment from
the Governor to the County Clerk. We
recommend this change to the Legisla-
ture in case any action is taken upon this
part of the Governors message. The
power Of removal, however, should be
allowed to remain where il now is, with
the Governor The County Clerks will
be more careful in their selection If they
know that the Executive axe may chop
of the heads Of their appointees for mis-
conduct.