Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume III, Part 32

Author: Smith, Henry Townsend
Publication date: 1912-
Publisher: White Plains, N.Y. H.T. Smith
Number of Pages: 486


USA > New York > Westchester County > Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume III > Part 32


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COUNTY ATTORNEYS.


State Laws of 1907, Chap. 280, provides that the Board of Supervisors of any county may appoint a County Attorney who shall be removable at its pleasure. The term of office of a County Attorney so appointed shall be two years, unless sooner removed, and his salary shall be fixed by the Board of Super- visors and be a County charge. The Board of Supervisors may, by local law, prescribe the duties of the County Attorney, which duties may include the sessions of town boards, and town officials when not in conflict with the interests of the County.


He prepares all legal documents necessary to be executed by the officers of the Board of Supervisors, and advises all com- mittees of the Board requiring legal information. He also represents the Board in all litigation in which the Board may be involved.


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The Board of Supervisors has fixed the salary of the present County Attorney at $3,000 per annum, payable in monthly installments.


Following are names and addresses of persons holding this office, and the years they served, from date of creation of office :


Frederick Hughes, Yonkers, from June, 1907, to December, 1908.


Charles E. Van Auken, New Rochelle, from December, 1908; present incumbent.


COMMISSIONER OF JURORS.


(Continued from page 118, Vol. 1.)


Is appointed at joint meeting of the County Judge, the County Treasurer, the District-Attorney and the Sheriff. The term of office is for three years. The Deputy is appointed by the Commissioner.


The State Legislature, Laws of 1904, Chap. 161, fixed the compensation to be paid to jurors in this County at the rate of three dollars per day, while serving as jurors, and mileage at the rate of five cents for each mile necessarily traveled by him in going to and returning from the place where the court is held, once in each calendar week during the term. This act took effect September 1, 1904.


The present salary of the Commissioner of Jurors is $2,500 per annum; salary of Deputy Commissioner, $1,400.


The office of Commissioner of Jurors, created in 1892, by special act of the Legislature, has been held by-


I. Howard Kinch, from 1892 to 1897.


John Sells, from 1897 to date.


DEPUTY COMMISSIONERS.


George W. Burlington, 1892 to 1894 (died August 22, 1910). Harold Kinch, 1894 to 1897.


John J. Mahaney, 1897 to 1901 (dead).


Joseph Hudson, 1901 to 1909.


Paul M. Cables, 1909, now acting.


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COUNTY ENGINEER AND SUPERINTENDENT OF HIGHWAYS.


These positions are filled by appointment of the Board of Supervisors.


The salary is $2,500 per year, with an allowance for expenses of $1,500 per annum.


The position has been filled by the following named persons : George R. Byrne, of White Plains, 1902 to 1906.


Eberhard J. Wulff, of Tarrytown, from 1906, present incum- bent.


COUNTY SEALER OF WEIGHTS AND MEASURES.


This officer is appointed by the Board of Supervisors, and holds office during the pleasure of the Board.


The position has been held by-


James F. Moen, of Yonkers, appointed 1910, present incum- bent.


SUPERINTENDENT OF COUNTY BUILDINGS.


The Board of Supervisors passed an act, in June, 1910, creating the office of Superintendent of County Buildings. This officer is to have supervision of buildings, attend to repairs, etc. The salary was fixed at $2,000 per annum, payable monthly. This office is held subject to the pleasure of the Board of Super- visors.


Benjamin F. Wild, of White Plains, received the appoint- ment June 7, 1910.


SIDEPATH COMMISSIONERS.


The Laws of 1899, Chap 152, relates to the use of bicycles on sidepaths, for licensing bicycles, provides for the appoint- ment of Sidepath Commissioners, and provides for the con- struction, maintenance, regulation, preservation and shading of sidepaths; authorizes the County Judge to appoint Com- missioners upon petition of fifty resident wheelmen, said Com- missioners to hold office five years, from January 1, after appointment.


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In August, 1899, the following named persons were appointed Commissioners from this County :


William P. Maynard, of White Plains; William Porter Allen, of Rye; S. Olin Washburn, of Ossining; Stephen H. Sarles, of Mount Kisco; John Walker, of Pleasantville; George H. Mairs, of Irvington, and Edward F. Hill, of Peekskill.


A part of the duty of the Commissioners was to collect money by subscriptions to pay expenses incurred. The Commissioners to serve without salary or fees.


No successors of above named Commissioners were appointed. A new Highway Law repealed act under which such Commis- sioners were designated.


PRESIDENTIAL ELECTORS. (Continued from page 87, Vol. 2.)


At the general election held November 4, 1912, the electors of the two Congressional districts, of which Westchester County is a part, chose the following named as representatives in the Electoral College :


In the Twenty-fourth District, composed of the Southern Section of Westchester County and portion of the Borough of the Bronx, John D. Jones, of the Bronx, Democrat.


In the Twenty-fifth District, composed of Westchester County, except that portion lying within the city of Yonkers, the city of Mount Vernon, the town of Eastchester and the town of Pelham (in the Twenty-fourth District), and the whole of the county of Rockland, Gouverneur Morris Carnochan, of New City, Rockland County, Democrat.


These Congressional Districts were organized under the State Apportionment, passed by the Legislature September 30, 1911.


COUNTY BUREAU OF ELECTIONS. (Continued from page 312, Vol. 2.)


Commissioners of Elections in the County of Westchester, provided for in Election Laws passed by the State Legislature of 1911, and designated by the County Board of Supervisors, are John B. Cortright of Mount Vernon and George S. Bailey of Port Chester. The latter was appointed to serve from Au- gust 1, 1913, to fill vacancy caused by the resignation of William J. Wallen.


Theo.It Silkway


IN MEMORY OF THEODORE H. SILKMAN.


FORMER SURROGATE OF COUNTY.


A meeting in memory of Theodore Hannibal Silkman, former Surrogate of Westchester County (who died August 22, 1910), held in County Court Chambers at the County Court House, in White Plains, on Friday, November 18, 1910, at 2 o'clock P. M., was well attended by citizens from all sections of the County, many being members of the bar who held the late Sur- rogate in high esteem; the County Bar Association was largely represented, Mr. Silkman having served the Association as president for two terms, was one of the original members and contributed much toward securing success for the Asso- ciation. His upright course as a Judge made for him many admirers.


This meeting was arranged by a committee of lawyers, Messrs. Jerome A. Peck, Joseph S. Wood and Henry C. Henderson, appointed by the Supreme Court and the Surrogate's Court.


Supreme Court Justice Martin J. Keogh presided, and opened the proceedings with a few pertinent remarks as to the object of the gathering; on the right of the presiding Justice sat Supreme Court Justice Arthur S. Tompkins and County Judge William P. Platt, on his left, Supreme Court Justice Isaac N. Mills and Surrogate Frank V. Millard.


ยท Addresses were delivered by Justice Tompkins, Joseph S. Wood of Mount Vernon, Surrogate Millard, Charles Philip Easton president of the Board of Education of Yonkers, Henry C. Henderson of White Plains, and others.


The invocation was given by Archdeacon Frederick B. Van Kleeck, of White Plains.


Mr. Jerome A. Peck, Chairman of the Committee of Arrange- ments, spoke as follows:


" The committee appointed by Mr. Justice Tompkins and Mr. Surrogate Millard to arrange a memorial service for our late friend Theodore H. Silkman, acting upon the suggestion of the Court, have asked you to set aside a part of one day in your busy lives, to pay tribute and respect to him who so lately moved among us in the full vigor of manhood.


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"As was said by the Court upon the occasion when a minute was made of the decease of our late brother, his character and prominence as a member of the profession, and as Surrogate of the County for so many years, make it meet that proper respect should be shown his memory; and it is pleasing to have this meeting so well attended by members of the Bench, and so many of the leading members of the Bar in Westchester County.


"Others who have been prevented from attending the meet- ing by reason of their judicial duties or unavoidable professional engagements, have expressed to the committee their regret that they could not be with us; and all have spoken in unmeasured terms of endearment and praise of him whose memory we have met to-day to honor."


Impressive remarks by Mr. Henry C. Henderson, an intimate friend, followed. He spoke from the fullness of his heart, as a friend should speak of a friend. Mr. Philip Charles Easton, another close friend, invited by the presiding justice, in well chosen words, bore testimony of the high regard in which the late jurist was held by members of the bar and by others, who knew him best.


Joseph S. Wood, a former president of the County Bar Asso- ciation, spoke in these words :


"In this checkered life of ours, there is a time to mourn and a time to rejoice-to mourn for what we have lost, and to rejoice in what we have won. In these exercises of to-day, in commem- oration of the life and services of Theodore H. Silkman, we have cause for much sorrow, and great rejoicing.


"We mourn for the loss of a dear, whole-souled, abiding friend, one concerning whose position there was never a doubt or shadow of turning.


"When he took you by the hand, and you gazed into his clear, penetrating eyes, and saw the genial, warm, wistful, half melan- choly smile which played around the corners of his mouth, you knew that you stood in the presence of a man, to whom you could entrust your life, your fortune and your honor.


"He seemed ever to keep in view the advice of Polonius to his son Laertes :


'The friends thou hast, and their adoption tried, Grapple them to thy soul with hooks of steel.'


"It was in such bonds he held us in close friendship and sym- pathy; and we mourn to-day, because those bonds have been sundered by that Almighty Power by which all ties are broken.


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"We mourn for the loss of one of the ablest members of the Westchester County Bar, a man who reflected high honor on our profession.


"He was not a brilliant orator, who carried men off their feet with a torrent of eloquence; he made no effort whatever to sway men's minds by appealing to their passions, their hates, their prejudices or their fears.


"He appealed to their reason. His mind was essentially a logical one. He was patient, deliberate, studious, painstaking ; and when the time for trial came, he was always thoroughly pre- pared. Therein lay the secret of his success.


"As a lawyer he was more than learned in the law. He was the embodiment of its ethics. He was one of the old school, who never forgot that the law is a profession, and that the first requisite of a lawyer is to be a gentleman.


"He had a profound contempt for the pettifogger, for the man who strove to win by subtle and devious technicalities.


"He was always courteous to his adversaries, and sought to win his cases on their merits.


"He lived up to the traditions of the Bar of Westchester County ; traditions which it is our solemn duty to keep inviolate, and to hand down, in all their vigor and purity, to our successors.


"If you seek for the secret of the success of Yale, Harvard, Princeton, Oxford and Cambridge, you will find it in their traditions.


"Each has an atmosphere of its own, hallowed by the mem- ories of generations.


"And so it is with these walls, wherewith we are now enclosed. They are the photographic plates and the phonographic records, in which the features, forms, gestures, voices and manners of a line of distinguished jurists and lawyers are indelibly impressed.


"I never enter this court-room without seeing, in my mind's eye, Judge Barnard or Judge Dykman sitting where Your Honors now sit, dispensing justice with firmness, gentleness, wisdom and mercy.


" And here at the Bar, stood the genial good-tempered Judge Robertson, the rugged, sturdy, honest, fearless Frank Larkin, the able, persuasive Calvin Frost, the incisive, self-poised, learned Odle Close, and a score more like them, at whose feet Your Honors and I sat, and by whom we were inspired, with the


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noblest traditions of our profession and the highest standards of legal ethics.


"It is the glory of the Westchester County Bar, that the standards, ethics, and traditions these forefathers preserved, from John Jay of the Town of Bedford, the presiding Justice of the Supreme Court, to Theodore H. Silkman, Surrogate of our County, have been handed down as a precious heritage to the men we delight to call Your Honors.


"When we use those words, let us always do so reverently and with a full sense of their meaning. Let them never be uttered flippantly, perfunctorily or as a matter of indifference.


"I have called Theodore H. Silkman Your Honor many times as he sat on the Bench and I stood at the Bar.


"It is a source of pride and joy to recall the fact that I meant those words should apply to the man, as well as to the position he held.


"We mourn not for what Judge Silkman did, but for what he would have done had not Death brought him to an untimely end, in the prime of life, the ripening of his manhood, the fru- ition of his wisdom and experience. We mourn not for the actualities, but for the potentialities.


"His record for twelve years as the Surrogate of Westchester County, succeeding, as he did, one of the ablest, most conscien- tious, delightful and successful of all the surrogates New York State ever had, is a triumph of which every one of the West- chester Bar is proud, and the memory of which will ever keep the name of Theodore H. Silkman as a priceless treasure to his family and descendants. In this we rejoice greatly. It is in his unfinished work we grieve.


"We mourn the loss of one who bade fair to become an emi- nent jurist.


"There are thousands of successful lawyers at the Bar, but there are few who have the qualifications to make a successful judge.


"I am sure my brethren at this Bar unite with me in saying, that Theodore H. Silkman possessed in an eminent degree, quali- ties which fitted him to be a judge. He was patient, suave, courteous, and commanding, without being overbearing. He was always ready to listen, and then ready to decide. He knew how to separate the chaff from the wheat, to eliminate the non- essentials from the essentials.


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"He had an almost intuitive sense for reaching the pith of the case, and applying to it the correct theory of law.


"It was for such qualities of mind that we regarded him as fit for still higher duties than those with which the people of Westchester County had honored him. It is because we have lost a man fitted with such qualifications that we mourn.


"We mourn the loss not only of a dear friend, an honored lawyer, a distinguished jurist, but a public-spirited citizen.


"He was always ready with his name, his tongue, his pen and purse, to advocate the rights of the people, and to espouse the cause of those who had to fight against odds.


"He was a friend of the poor, the down-trodden and the oppressed, as my brother Easton, who was very close to him in this line of work, has attested to-day; and none mourn his loss more than those in poverty and distress, to whom he was a very present help in the hour of trouble.


"I have said that this is a time to rejoice as well as to mourn.


"There is much more in the life of Theodore H. Silkman, in addition to what I have said, which should cause us to rejoice.


"First of all, that he has done more than any other man to make the Bar of Westchester County a brotherhood. He was not only the president of the Westchester County Bar Associa- tion for two years, but one of its moving spirits for many years.


"In it, through it, and out of it, he sought to establish a good- fellowship, an intimacy, a brotherhood among us.


"How well he succeeded, these memorial services abundantly attest.


"By reason of this better acquaintance, of this knowing one another, we are not only brought more closely together, but are led to deal with one another on a higher plane, in a more liberal and generous manner. We are a club, not an exchange. There is more of the spirit of knighthood in our encounters, and less that of the broker.


"We rejoice in his career as a lawyer, we rejoice in his career as a surrogate, we rejoice in his career as the President of the Westchester County Bar Association, and we rejoice in his career as a public-spirited citizen and a benefactor.


"We rejoice in his memory as a jurist, as a lawyer, as a philanthropist and as a friend.


"Take him for all in all, he was a man."


The principal address, by Supreme Court Justice Tompkins, was as follows:


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"As our friends one by one are called out from the ranks of the living to join the innumerable throng that moves on through the Valley of the Shadow of Death, the truth is brought home to us with startling force ' that in the midst of life we are in death.' Verily, ' We spend our years as a tale that is told.'


'Like a swift fleeting meteor, a fast flying cloud, A flash of the lightning, a dash of the wave, Man passeth from life to his rest in the grave.'


"And in the face of this unfathomable mystery-death-this relentless enemy of life, man stands mute and helpless. And the mystery of it all is only intensified and deepened when it claims for its victim one at the meridian of life, and one apparently at the very zenith of a successful and prosperous career, with mental faculties undimmed and seemingly with capacity and opportunities for many years of useful service. No, we cannot solve or penetrate the mystery of the death of Theodore H. Silkman, at the age of fifty-three years, just at a time when he and his loved ones were reaping and enjoying the abundant fruits of his industry, integrity and affection- nor need we solve it, or attempt to, nor should we grieve and lament over it, but rather give thanks for what he was and did, and with submission and reverence bow to the decree of Him in whose sacred keeping are the issues of life and death, knowing that 'He doeth all things well ' and that 'the judgments of the Lord are true and righteous altogether.'


" We are here, lawyers and judges, to pay a tribute of respect to the memory of one who was a good citizen, an hon- ored professional associate, a delightful companion and to some `of us an intimate friend, and to testify our appreciation of his friendship and the high esteem in which he was held as a lawyer and judge, as a neighbor and friend, and it is most fitting that we should pause in our work to do honor to one who in his career at the Bar brought honor to our profession and whose judicial work, covering a period of twelve years in this County, inspired confidence in, and respect for, our courts.


" The temptation and the tendency of such an occasion as this is to indulge in extravagant eulogy, and to describe a cata- logue of virtues that the most intimate friend of the decedent would hardly recognize, and that is not a very bad trait of human nature either. It is far better for us to praise than to


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condemn the dead. And if we look sharply we shall find some good to speak of-something worthy of emulation in every life; but that tendency to exaggerate has not been followed in the addresses of this afternoon. They have all been well within the limits of fact and truth, and what little I may say will be confined to what I know from observation of and contact with our late friend Judge Silkman.


" For fifteen years it was my very great privilege to know him, and during a part of that time to know him well and inti- mately, and to have and enjoy his esteem and confidence, but it would not be proper here to speak of those intimate personal relations that were a pleasure and joy to me while he lived, and will be a precious memory in the years to come.


" The simple truth concerning Judge Silkman is that as a man he was genial, cordial, gentle, cheerful and manly, irradi- ating the spirit of kindness and brotherly love, and we shall miss his cordiality, his true simplicity, his unfailing gentleness and his glorious optimism.


" As a member of the Bar in the practice of his profession he manifested those qualities of mind and heart that make the practice of the law a joy and delight and bring honor to our profession. He was honest with his client, fair and courteous in his treatment of his adversary, unselfish and generous in his dealings with his associates, and always exhibiting toward the court that candor and frankness that compel respect and confidence.


" It was as a Judge that he was best known. As Surrogate he did his best work. The records of the Surrogate's Court of this County from 1895 to 1907 speak and will ever speak, of his fidelity as a public servant; of his capacity for hard work; his learning and ability as a lawyer, and his fairness and impar- tiality as a judge, and the law reports containing the decisions rendered by him during these twelve years bear testimony to the patience, fairness, ability and efficiency with which he filled and discharged the duties of one of the most difficult and important positions in our judicial system. Such, in brief, was Judge Silkman as we knew him as a man, a lawyer and a judge.


" There have been more brilliant men and stronger men and more spectacular men, but I have never known a kinder, truer and nobler one or one who was more faithful to all the tasks of life than was Theodore H. Silkman. The eloquent addresses


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to which we have listened and these simple words of mine are designed to serve as a tribute to his memory and it is proper that we should so speak, but after all said and done the fact remains that he reared his own monument, honored and per- petuated his own name and wrote his own epitaph, by his own life and works and influence as every man must do, and all that those who remain behind can do is to pay a tribute of respect and honor to the memory of the dead, and the most sensible method of honoring our dead is to imitate their virtues.


" We shall best honor them, not by scattering flowers that wither in a day over their resting places, not by extravagant eulogy and fulsome praise, not even by chiselling their names and deeds in marble and granite; no, we shall honor our revered dead most when we gather up from their lives lessons for our own inspiration and guidance, and incorporate into own own characters the qualities and virtues that adorned and beautified their lives.


"We shall not see his face again nor hear his voice nor touch his hand, but his memory will abide, and the good influence of his life and of his gentle manners and the warmth and glow of the friendships that have been severed by his death-these will all abide, and the world will be better and richer and life will be sweeter and more wholesome because he lived and loved and wrought."


Surrogate Frank V. Millard spoke most feelingly of his prede- cessor. Ending with " no surrogate in the State of New York was held in higher esteem than Surrogate Silkman, whose deci- sions were sustained by the highest court of the State."


Hon. J. Addison Young, president of the County Bar Associa- tion, moved that the resolutions adopted be made part of the Court's record and that an engrossed copy of same be sent to the late Surrogate Silkman's family.


Justice Keogh directed that this be done.


BIOGRAPHICAL SKETCHES.


THEODORE H. SILKMAN


Theodore Hannibal Silkman, for- mer Surrogate, Police Commissioner, etc., was born in the city of New York, on March 25, 1858, only son of James Baily and Harriet Van Cortlandt (Crosby) Silkman. He early became a resident of the County and was ever a valued citizen.


An interesting biography giving


details of Mr. Silkman's useful life will be found on page 159, of Vol- ume 1.


Mr. Silkman was second President of the Westchester County Bar As- sociation.


He served as Surrogate of this County from 1895 to 1907, twelve years, the specified two terms.


He held many important public


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offices in the city of Yonkers, and was ever foremost in public affairs.


After his retirement from the Sur- rogateship members of the County Bar combined and had painted in oil a full-sized portrait of Judge Silkman which they presented to the County, through Joseph S. Wood, who was president of the County Bar Association; the address of accept- ance was made by John J. Sinnott, Chairman of the Board of Super- visors.


The bill which passed the State Legislature creating the Ninth Judi- cial District was drafted by Judge Silkman.


Though urged by many friends to become a candidate for the office of Supreme Court Justice, at the first election in the new Judicial district, he declined to do so, and returned to active practice of the law, having his offices in New York city.




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