The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-14

war. Where are Wise and Bolts : New IL their
time.
THE KEFEHEE SYSTEM AND Frs ABusEs.--Everv
days experience demonstrates that the shcss.
ton Of the constitution Of 1922 WAS an art ~
doubtful wisdom, and the adoption of that If
ls46, in plain terms, folly. II Is true ttns
both acts were sanctioned by the popular vots
Orators Of all parties assure US on the eve of -.
election whether il be for constable or Presi
dent, that the voice Of the people is the voice Of
God Far be it from us to deny q saying 40
fstteripg to the popular sentiment We wooId
simply suggest, however, that the voice of God.
| through the people may sometimes be exercised
for their salutary chastisement and reprovai. as
well as for their benefit. We do not propose to
discuss, IN connection with these constitutional
| changes the 1ameatable failure of tie financial
| clauses, the debssement Of the Judiciary, the
complication of legal proceedings, the resulting
ipieriorify In the personal character of the re,r-
sentatiNes Of the people in the Senate and AS
semb)y, but to call attention to o matter Of
detail, which is working incalculable mischief to
the public as well as to litigants
1t is well knowE-tor public attention has been
called to tas fac-.hat nearly all the fraudulent
judgments obtained against the city have been
contaminated through the Intervention of
referees. Private parties who suffer wrongs
through the forms or lack of forms of the
law have but limited means OF making their
grievances known and the busy public In
| truth interest themselves but little about
them. Frauas perpetrated against the public
however, touch the susceptblities of all classes,
and are therefore calculated to awaken public
| attention. We hope the result may be either
the entire abrogation Of the referee system or If
the court cannot dispense with it, its rearrarge-
ment on such tasi- as will secure impartial.
ity, experience ard capability.
Referees perform the duties which formerly
devolved upon Masters in Chsncery. These
officers were appointed by the Governor and
Senate They took the usual oath Of office and
gave official bonds in large amount Their
fees were much less than these now exacted BIZ
the referees. Tbey were men well known to the
community and the PROFESSIONALISM the Judges,
ceaaing to practise for The time being and de-
voting themselves to their special duties. They
were required to keep record of oil proceed
ings, and enjoyed alike the confidence of the
court and the public. Referees on the contrary.
hold no Office, take no oath, give no bonds, but
pocket such fees as the lawyers deem their SER
vices worth, and in cases where money comes
into their hands they reserve such amount as
they consider themselves entitled TON one case
in which the public was party FIVE hundred
dollars being charged for single sitting. Their
powers are much greater than those of the old
Masters in Chancery, for in certain cases their
judgment is final.
If opposing lawyers understand each other az
not un'Iequently happens, they agree upon Mr..
Smith, or Mr.. Brown, or somebody less known,
who they have reason to believe will do the work
as they want it done, keep it going az they wish,
finish it up pleasantly, and make out bill the
largest possible to be incorporated in the costs
Of the suit, the referee receiving however, only
suoh portion Of the plumber as, the attorneys
deem fair. If the attorneys happen to be hos
tile, each tries to ouswit the other in the procure
msnt of some subservient tool for referee. Ger
tain large law Offices carry on mutual exchange
In referee business, thus making it the mutual
interest OF each to fleece the unfortunate client.
0iandestine sales Of real estate under mortgage
in the case Of parties absent, parties iusolvent,
infants widows, and all those who are SO situated
as to be incapable Of looking after or protecting
their interests, ar Of frequent occurrence. Ad-
vertisements are inserted ia Obscure papers out
Of the regular auction column. with incompre-
hensible descriptions, and sales fixed at unusual
times. All the requirements, Of the statute are
complied with, it is true, but that only serves 10
make the wrong irremediable
The increased facility of obtaining divorces lie
another result Of the looseness Of the referee
system, though in those cases the Courts exercise
especial vigilance. When the Judges make the
reference, as they sometimes do Of their
own motion, they are not unfreuuentIy az.
cused or suspected Of using their official posi-.
ton for the benefit of some friend, pet
or relative, and thus their very desire 10 secure
| the services and advice Of some known and com.
petent person subjects them to imputatiou, if NOT
censure. In the rural districts, where every body
is known, and every man takes ap iaterest in his
neighbors' affairs, ae present mode of appoint
ing referees may work tolerably well, but in
metropolitan districts it works badly, very badly
If is necessary for the courts to secure the SER
vices ofreferees- and that seems to be admitted
measures should be taken TO procure men Of con.
potency, of official character, with fees or salaries
so arranged that poor clients may not be robbed
and feeced by them.
The evils Of the referee system are acknow.
lodged by the judges and by all the enlightened
members of the bar, and we have never heard
Ohsnofinr roiroS IN %ho c~acd.