New-York tribune., 1922-08-22
Lawyers Begin
FIGHT to Save
C,oI,alan 5 Seat
First Move 10 Insure Elec-
ton of Surrogate
slaeived by Tarnrnany VIII
BE Meeting Tomorrow
McTigsle Attacks Koenig
Insists There Is Precedent
for Ind scmcnt and
Cites the Fitzgerald Case

The srst move in the fight Of the
lawyers of New York City 10 bring
ebont fhe election. Of Surrogate John
~ Cohalan, who YVES turned down for
denomination BIZ Charles F. Murphy
and Samuel S. Koenig, was made yes
terday when George L. Shearer and
Leslie J. Tompkins, professor of law
az New York University, issued a call
fer a meeting tomorrow Of the execr-
live committee of the Non partisan
Committee Of Lawyers.
- Ihe committee, OF which Mr.. Shearer
&ss chairman and Professor Tompkins
: Ia treasurer and acting secretary, will
meet at 2 o'clock to-morrow at the
headqusyters of the New York County
/ Lawyers Association. los Broadway.
II WAS organized three months age ito
secure the denomination and reelection
. of the Honorable John P. Cohalan as
oae of the Surrogates of New York
County" II was then tfiat the rumors
first began 20 be circulated that the
Tenimany leader would try to shelve
Cohalan because he could not use him.
The executive committee, besides
My. Shearcr and Professor Tompkins,
consists OF Walter F. Cater, George M.
Clarke, Martin Conboy, William Nell
son Cromwell, Herman Elfers. Henry
Al Gildersieeve, George J. Gillespie.
Iabish Holmes, Charles E. Hughes jr.,
Herbert r, Limburg, David 3. Luekey.,
Henry c. Quinby, Charles II. Tuttie,
Emanuel Van Der Moot, l. Maurice
Wormser, and the following secretaries,
Gerard ]. Cuoco, James j. Doo.ing.
David e. Goldfarb and Richard M.
Page.
Professor Tompkins and Mr.. Shearer
have been out of town since Wednea-
day. On their arrival in town yester-
day they visited Surrogate Cohalan at
his chambers, where all three were
clcseted for more than an hour.
Editorial Calls for Action
I. Maurice Wormser, one of the mem
bers Of the committee, in an editorial
in "The New York Law Journal" said
that "the committee should function
vigorously, promptly and fearlessly" in
rehuking the political turning down Of
Cohalan,
Nominations for judicial office,"
wrote Mr.. Wormser. SHOULD be
dictated by considerations of profes-
sional and juridical fitness. They
should not be determined by the ability
of candidate to PROSTATE himself on
bis belly in the mire before petty
partisan puppets"
Justice John McTigue, of the Munic-
ipal Court, yesterday branded as a
malicious falsehood the story being
circulated by apologists for Koenig to
the effect that Koenig did not indorse
Cohaan solely because there was no
precedent for indorsing Surrogate.
There is ample precedent" said
McTigue, "as Sam Koenig well knows,
and he does not have to go outside of
=
County Republican Committee for prec-
ing of the New York County Committee
ON October II, 1905. which by q unani-
nous vote. nominated Frank T. Fitz-
gerald, a lifelong Tammany man, who
was just rounding out his first term of
fourteen years as Surrogate 1t is true
! that Sam Koenig was not county chair
/ Imam then, and that he was not looking
+ for the Tammany Endorsement for his
shrother Morris.
"Let me call to the attention of Sam
Eoenig and his apoiogists that one of
8Ae speakers at that meeting which in
8iorsed Surrogate Fitzgerald was Sena-
hs Nathaniel A. Elsberg, now president
W the National Republican Club. Said
IL Elsberg, as the minutes will show:
bipartisan activity has no place in the
ID A-.ui4A 20 VIZ. v. VIC i"~ Hho eaC
Xdge at the bench should be as blind
sect or creed as the classic figure Of
$&stice
Cites Fiszgeraid's Case
# Let ME also cali to the attention of
sm Koenig and his silent defenders
F'aas the denomination of Fitzgerald
kihd his reelection was brought about
Ng aon-partisan committee as was
Horganlzed TO bring about the reno1l,ina-
ton aud reelection of Cohalan. whom
E ne and Myrphy turned down. The non
M partisan committee then was called
'ne judiciary Nominators, as Koenig
&E &Ell remember.
am sure that Koenig was present
thas meeting, but to refresh his
iscoliection let me recall paragraph
4N set of resolutions adopted un-