New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-05-11
How the Reformed Practice IL Observed Ia
New-Nork


A certain class OF Lawyers and Judges bitterly
inveigh az sinst the Code of Procedure aud revert
sorrow fully to the good old times when they found
their harvest in the senseless. useless and expen
slve technicaltles OF the Jaw. Everything OF evil
IS laid 10 the COde-encumbered calendars, delay
the tra of causes confusion in the transaction OF
business, whatever difficulty to beset the adj
mlnlstraton OF Justice, is attributed 10 the new
system. Whenever and wherever opportunity
offers tor sly sneer at the COde-either from its
opponents in the Bar, or ON the Bench-be sure il
is not suppressed and grave aud Hippant Writings
alike indulge In tests and satire on its provisions
\ he, IN truth, It IS clearly apparent that tor the
express purpose OF bringing It into contempt 1t 10
mlsconstr0ed, mlsapplied, perverted, narrow ed in
rs scope and meaning, and purposely mlsunder
stood BY hose whose duty It Is to interpret and
apply H.
My object in writing sou, however, is to furnish
facts and proofs Illustrative OF the performance OF
Judicial duty in reference 10 the Code. Let US to
the point
The case Of procedure IN cases of reference "a
he CTR Of Nec- York expressly deprives the Court
Di the power of appointing referees. In relation
a. that power the Codhers hold the following Ian
guage: The power given To the Courts of APP
pointing referees has already, il the City OF New.
York, gwen rise to great embarrassment. Judicial
patronage, by this means, has become greater than
has ever before been known among US, and should
not be allowed 20 continue. We have devised the
best means we could OF putting an end to II abso-
lutely. Ii the effect shall be- to induce parties to
agree generally upon the referee, as We hope will
be the case, we shall esteem II an oppOrtune pro
vision
Herewith, Mr. Editor, send you list Of causes
on the Circuit Court Calendar of last month"; in the
hand writing OF Judge 4.dmonds and referred by
hm-the referees having been appointed by him.
Notwithstanding the Statute. No 272, refer 10
Luci0s Robinson 1916, refer 10 John Cochran, God
trey w. Leake, RObt. d. Livingston 400. refer
70 same three; 40 refer TO same three 40 reler
20 same three 49, refer 10 same three 362, re-
Ter 10 same three JoJ, refer 10 same three 3is,
refer 70 Lucius Robinson, Godfrey w. Leske.
Isaac Ogden Here are nine causes-seven OF
them referred TO the same individuals. will not
uslnuate that political associations had anything
% do with the appolntments-In fact, do not
know to what party the referees belong, except
ng only Mr.. Cochran, whose name | remember in
connection with the Utica Bsrnburner Conven-
ton OF last year EnOugh-quite enough that the
causes are So referred, notwithstanding the Code
aud the comments OF its authors
IL ispossible that the Attorneys in some OF these
cases may have consented that the Court appoint,
although / very much doubt t. Granting such to
be the case insist that the Judge does wrong,
Tor the very purpose OF the statute is 70 relieve
from the embarrassment and remedy the evil
arising from Judicial ps,ronsge-ev none the less
although lawyers may assent 70 the practise from
which II arises do know, however, that the
Attorneys did not consent in all cases and in one
case where the Attorney for one OF the parties
named his referee to whom no objection was
made by the other side, ! see that nomination s
dlsregarded
Judge Edmondss mode Of referring causes is
both extraordinary and annoying. He seems ~
do u 10 many cases as much from whlm or i'm
pulse as from necessity or right; and remarks,
hurrying on with the Calendar, " " Ill name your
referees presently, gentlemen From the APP
pearance Of bis memorandum send you should
say II was done quite at leisure, however much he
may have seemed 70 be hurried.
Hereafter as have opportunity will give you
other facts ia relation 10 the mode Of doing busI
ness ia our Courts. IL Is well the truth should be
known-the people will then be better able 10 dis
eliminate between real and sham reformers, and
vii. see beside that other things connected with
.hc administration Of the law need purgng besides
- practice Unfortunately 1t has Of late years
been much the unworthy custom Of certain
0urnals 10 lavish tiattefy every party adherent
especially 70 extOl and ad1late Judges Lr their
wisdom. dignity, learning impartialIty, amenty,
and all things else which maze great and good
men. that in fact and truth some very pgmies
prone 70 believe aud pleased in believing the
agreeable batteries have had their heads com
p,etely turned and become 10 elevated in SELF esti
insiiOn ths; they think they cannot do wrong.
TOn vii please % preserve the learned judges
memorandum, aud II yOg cen and will In fort
Ugh: lnfnm me whether ,he other referees are
Wings, H1Bkers or Barnbarners, you Will obhge
Yours &c RkFORM.