New-York tribune., 1922-08-25
Defies Murphy and koe-
mig, Who Refused Him
I'd Term as Surrogate
After Bar Indorsed Him
Ta1nmany Pleads
In Vain for Delay
Non-P artisans Call On
Coleman and O'Brien to
Turn Down. Nominations

Surrogate John P. Cohalan, turned
down by Charles F. Murphy and Sam
uel s. Koenig for denomination, an
nounced yesterday that he would be q
candidate for reelection. He made
known his candidacy through George
L. Shearer, chairman of the non
partisan lawyers committee, which,
with the Citizens Union and other.
civic organizations, has called upon
Mr.. Cohalan to runs fer re-slection.
Friends of Murphy and Koenig
pleaded with Surrogate Cohalan not to
run Independently for Surrogate, prom
ising that he would be indorsed for
the Supreme Court by both parties il
he would let up in his fight. Cohalan's
reply was a refusal to be party to
any deals on the part Of the bosses.
Refuses to Delay Decision
1t was intimated that if Cohalan
would withhold for another day his de-
cision to run Tammany would pre-
vail upon Corporation Counsel John p.
O'Brien, Tammany designee, to with
draw in his favor. This proposal also
met with a short and decisive negative.
While these overtures were being
made by representatives of Koenig and
Murphy Mr.. Shearer, on behalf Of the
lawyers non bipartisan committee, ad-
dressed letter to Murphy's candidate
for Surrogate, O'Brien. and Kocnig's
tice of the Municipal Court, calling
upon them, as members Of the bar who
subscribe to the ethics of the bar, to
withdraw in favor Of Cohalan, who has
the unanimous Endorsement Of all the
bar associations of the county, as we'll
as numerous important civic organiza-
tions.
The letter addressed to Justice Cole
man by Chairman Shearer reads:
"My Dear Mr.. Coleman: Section of
Article II Of the canons of ethics
adopted by the New York State Bar
Association in 1909 reads in part as
follows:
"4It is the duty Of the bar to en-
tons from outweighing judicial fitness
in the selection Of judges =
Principle Long Recognized i
.For az long. period of years the
bench and bar Of New York City have
insisted upon the principle that where
q judge has demonstrated his fitness
for the bench, and by years Of expert
ence has gained the technical knowl-
edge and wisdom which accrue there
from, he should be reelected.
"On June s, 1922, the Bar Association
of the City of New York, the New York
County Lawyers Association and the
Woman Lawyers Association of New
York adopted resolutions recommend
ing Surrogate Cohalan for re-nomina-
lion and 1e-election
"Disregarding the action taken by
those best fitted to know the needs
Of this community, the dominant par
ties have refused to renominate Surro-
gate Cohalan and you have been named
SIS candidate by your party to sue
ceed him.
"You are member Of the bar of
this state and Of this city. If you be-
lieve in the principle of retaining good
judges in office, and if you subscribe
to the canons Of ethics of the bar,
there is but one course open to you,
which is to insist upon the withdrawal
of your name as candidate for this
judicial honor and demand that your
party shall name Surrogate Cohalan in
your place.
81 am sending you this letter with
the knowledge and approval of the
executive members Of this committee"
A similar letter was sent to O'Brien.
The letter announcing Surrogate Co.
halan's independent candidacy read:
"Dear Mr.. Shearer: have this day
received the resolution of the Non
Partisan Committee of Lawyers, Of
which you are chairman, calling upon
me to submit myself as candidate
for reelection to the Office of Surro-
gate of New York County.
Deeply sensible of the great honor
done me in this request and conscious
of the duty which owe to the people,
the bar, and myself, ! unhesitatingly
accept. the call and I hereby, through
you, announce that / am candidate
for reelection and shall do all that
in me lies to defend the principle enun-
ciated by your committee: namely, the
preservation Of the independence Of
the judiciary.
Respectfully yours,
JOHN p. COHALAN."
This is the last day, under the law,
that, Koenig may withdraw Coleman
and substitute Coha1an.