The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-25

for Judge who has twenty forty or hundred cases
before him In day, 70 decide upon disputed questions
OF fact occidental to the progress Of cause One coun-
sc readSn adavIts TO certain point ana the oppo-
site couass roads ten contradictng him natly the
sss Ds yAG I z g! !s ~, VIZ s.s ; ;Ss;,
manner wnich are telling the truth Of case arises
which involves inquiry thai must last for weeks; the
court rsfs referee 10 settle the facts and report
Of sSos. d.susns details which the ear q the public
need nos be shocked with; 30 the whole nhy mass 10
o osn he y orn one. AGAIN. ' there are ma.aass q
small mechanical Affairs which the judges would do
wrong attend TO aud neglect the true basness OIL sner
ONCE: these also sent TO referees We say true
business because the real province Of courts 20 sss
tho law Disputed questions Of fact should b left 70
that ssls sppoiu%sns Of referees crylns abuse q
power By the judges, but few words viii explain =:
The law q The STATE Leave: ;hs appoins%sS. =; e;
the propsssy o. ns appointment he should therefore,
snce ssincIesi 70 assure him Of shs honesty ana en-
cheney with which the duty WIN b performed But -
the on a s: sins &. %
and others that they ought - appoint as referee
whoever h selected for that duty By the suiior But ths
settle their disputes the law Of the State provides for
them the proceedings BY arbitration which they can .n
them to ny to the Judiciary for the redress Of their
grievances, and then, suddenly changing their mines
sides the judge who appoints the referee has
II in his power 10 appoint all and try the case
himself; how much worse OF the litigants II the
judge TO obligs them by expeditng their business
sends to q referee whom no knows, tue which he
might decide himself Again, tho Legislature Is very
jealous Of referees selected BY parties in suits at
divorce suits such will not DO permitted 20 act lest they
might yield 70 the wishes Of both parties and grant
divorce that both anxious to get. 10 ether cases
the rights OF parties 70 suits demand that tho Judge shall
appoint some person even against the wishes Of the
lgants 10 suits Involving the rights Of Infants untah-
full guardians and trustees might agree with some Gre
dior or debtor OF the estate whom thoy pretend 10 sue
on the appointment OF vonal referee for tho
purpose OF concentrating fraud under tbs CLOAK Of the
cour So also in where the rights OF stockholders
creditors, &C. Of corporations involved who may DO
ruined BY conspiracy which takes the shape OF mock
suit There IA great danger too In appointing referees
IN any case, from this Circumstances that an attorney
who has Charge Of suit may consent " reference win
out the knowledge and against the viii OF his own client
but u there be any ulster motive in such consent
baled by the custom which tho judges have OF often
dsrcEarng the referee named by the consenng attor-
neys and appointing stranger 70 both. may De
said that certain attorneys too respectable 70 De SUE
psced OF any motive but their clients good ana Their
selection OF . referee should not be dsregardsi BY
the court To this 1t " suf1cient 70 answer that
wien attorneys OF acknowledged high standing
select their referee, the courts willingly ap-
point him, ccnhding IN their integrity and fair
whether they ought 10 appoint any son brother or other
relation connection to the office OF referee, or pass
such BY si,csstbsr in bessowips the profits VI svch