The New York herald., 1868-06-08

The Judhc4ary and the Reference Systeh'
BY well meant and in itself judicious pro-
vision Of the code, framed to succeed the sys-
tenn practised by masters in chancery prior to
the abolishment of that court, a power was
conferred upon the judges of courts
of record enabling them, in the exercise Of a
sound discretion, to direct that certain civil
causes triable before court and jury should be
sent before an attorney for hearing and some
times determination by Judgment. The sys-
tenn was originated with view Of disengaging
courts that might be excessively occupied by
business from the long and tedious trial before
jury OF certain class Of actions involving a
necessarily intricate and procrastinated exami-
nation, as in suits brought for an accounting
where extended bills of items and particulars
are comprised. Il was also intended to en-
brace the taking Of evidence in another
class of civil litgatiOns, the hearing of which
in open court might be prejudicial to the public
morals or policy, as in actions for divorce.
It will be seen, therefore, that proper COM
pliance with the intent Of the trainers Of this
provision would be attended with results bene-
fetal to the interests Of the people but within
the past ten or fifteen years the abuse of the
system has become open and fragrant to a
degree but lightly understood by the public.
It has at last descended to the level of almost
every other power conferred upon public orr
cials, and is used as a means of securing per-
sonal pecuniary emolument to the pampered
minions, lickspittles and hangers-oa OF
the judiciary, and as grid pro quo
for certain amount of electioneering in-
duence and bartering Of 30 many votes. We
have in this city at the present day class Of
worthless and notoriously incompetent law
yers, some of whom have never appeared as
attorneys of record or counsel in any regular
trial or argument before court, and who de-
pend almost entirely for their livelihoods upon
the income they derive from references, a GER
tain fee, not always predetermined, being re-
ceived for each and every sitting, which sit
tings aNf 80 environed by previous
engagements that they seldom occu-
py more than one hour per diem
and are then adjourned till future
time. These adjournments from day to day
of course augment the fees materially, as the
litigants speedily sappreciate. And besides
these ''shysters' there is also quite coterte OF
sous, nephews and direct relatives of the judges
who are in the receipt Of handsome revenues
from the same favored source.
But the greatest of all the outrages perpe-
trated under the cloak of this reference system
is the not by any means unfrequent, collusiye
and fraudulent judgments obtained by litigants
and directed by the referees. Some of the de-
velopments in the great Eric litigation which
have at times cropped out Unexpectedly to
those most directly referred to have been
pregnant with evidence of undoubied fraud
and pcrversion OF that justice which is the
right of every citizen. And the manner in
which these Oulcroppings have been stiled as
soon as exposed is in itself presumptive proof
of wrong and injustice, when il is within the
power of at least some of the parties involved
to refute the presumption if incorrect, and is,
as matter OF personal honor and manly in
tegrity, incumbent upon them TO disprove If
actually false. Again, but a short time since
the case of United States Consul was before
the courts in this city, wherein il was shown
that by means Of reference" ordered by
the Supreme Court Of this county, though he
was a citizen Of q Southwestern State, he had
procured q decree Of absolute divorce from his
wife, then living in Kentucky, and that the
unfortunate woman had not only never been
served with summons to defend herself, but
that several months had actually passed before
she could ascertain in what court or State the
judgment against her had been obtained. This
case, in decidedly curious phase, will he
again before the Supreme Court here in few
days, and the public will be enabled to Judge
accurately of its merits. But judgments OF
this nature in divorce suits are of so frequent
occurrence that they attract comparatively
little attention. and 1t is probable that the case
alluded to would have been similarly treated
were il not for the Official station Of the
plaintiff.
tits evident, beyond possibility ofdoubt, that
the use or abuse Of this important discretionary
power should be regulated 30 that injustice
may not stalk brazenly and be made medium
of profit in the halls dedicated, at least osten-
sibly, to Justice. The repeal Of the power will
remedy il, but will, at the same time. deprive
the people of wise and commendable privi-
lege. Ifthe integrity of the judiciary and the
bar is merely nominal attribute and mock
cry, let il, however, be done unless judges can
be found who will not descend to corrupt prac-
tees and who will teach lawyers that il is
perilous to attempt imposture.
The Free Trade Debate in France.
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