New-York tribune., 1871-11-24
THE REFEREE SYSTEM.
ITS INFAMOUS GROWTH AND GREAT COR
RCPTlON.


FURTHER ILLUSTRATION OF THE Arr-srs pr A.
TICED BY JUDGES AND THEIR FAyoRJrRs-
THE LAWS SET ASIDE THAT THE REppRErs
MAY ENJOY THEIR " "RIGHTs'-ATTEMprs TO
SILENCE THE PREsS-IIALF THE SUITS IN THE
COURTS SETTLED BY INTERPRETATION or
TIE BAR ASSOCIATION.
Tho publication Of the article in the TRIB-
UNE on Referee Lawyers aud the abuses Of the system
by soIne Of our local Judges has naturally evoked
siderable comment In fighting this frchiin abnse
have found necessary to appear as fighting individuals
WHO have become connected with II, but we have ~
deavOrcd mention only the names Of those upon whom
the wrong ndisputably fixed or where names were
omitted, TO refer to them "such OF tho Judges anil
those who have taken part" &c. 1t is surely not
fault certain Judges who discaim any partirpa
ton in the corrupt practices sought to be exposed have
the reputation Of maintaining "standing referee" 1"
No person has been mentioned In this Infamous cOnncc
tiOn who had the condemnation OF members Of the
bar, some OF them members OF the Bar Association.
That some Of the Judges known to have had part
ay for certain referees by means proves that
such partiaty had corrupt foundation and yet IL was
neither the writer's the publcs duty TO relieve them
| from the implication The complaint, however. Ia not
that partialities shown, but that Of known IN
tence are forced upon the profession az referees
and this frequently in where reference should
be ordered. No man has uttered one wort condenaa
tory Of the Hon. Charles Daly and yet tinr wasbut
that was before the practice had grown into The crtng
evil which 1t is to-day-when Judge DAILY did not b"-
tate to lend his name to the practice Of appointing only
| certain gentlemen named by the Court referees.
Many will remember the notice which was posted in the
Common Pleas Courtroom, to the effect that hereafter
to avoid disputes the Court will appoint only the follow
in8naIned gentlemen as referees. and parties nuse
select from them" Here followed list OF eight or
wellknown and lit is ssd) rreproachablc lawyers Tho
exact language Of the notice forgotten, but the fore
p.iuO ia fha ulsfan nfif hi.b
first drew particular attention TO the system Which,
before stated has since been reduced to sccnce for
here tho Of Judge CardOzo's first battle for
what he pleased to call his rights In relation to the
appointment Of referees and well has he prOcd by the
victory then achieved.
ORIGIN OF THE REFEREE SYSTEM.
Judge Cardozo had just been chosen by Tammany to
I'll vacant seat that bench and 1t is related thar,
burning with Indignation at neautious allusion to his
by Of his brother judges he determined TO as
sert his tndiy duality there The notice in question
off red OF the earliest and most striking opporupi
ties Entering the morning, he deliber
ately took from the wall and scattered it in tatters
the floor Its disappearance was observed by tile other
members Of the court, who Indignantly inquired who
had thus presumed to deal with tho orders OF the Court
But the Clerk either ignorant Of the perperaor or un-
willing to mix himself the matter said he did not
know lie was directed to resuppy the notice, and to
give Information II 1t should be again disturbed Again
replaced again destroyed by Judge CardOzo, and
information Of the fact was given to the other ude's.
of whom attempted to take Judge Cardozo to task
for the presumed indignty. Tie atter's
cool as his anger was hot:
"Sir, tore down that notice and what is more for
bid its being replaced. BY what right do my brother
judges make order OF this Court wherein my rights
equal without first consulting me Hereafter, no
referees shall he appointed BY this Court other patron
age dispenscd, in rhch hare not my share -
n,,lI la.st lor,1 fr,to nv b,nxw
that though the other members OF that Court blame
less la tie dspensatiop Of this kind Of patronage Judge
CardozO has certainly had his share. Transferred from
that bench to the Supreme Court, where the Opportu
ties for patronage and improper use Of power wer"
largely increased he stand. to-day the rvaaDd many
think the successful One-Of Judge George g.. Barnard
In that kind OF reputation which only the genuine Tam
many Judge has achieved. That the acts OF these
should raise against them storm Of honest popular
indignation they had right to expect. Bnt.
they felt themselves in the Old Wigwam, they thought
they cOnld afford to wait, and that the storm would
blow over" 1t has not (yet blown over. the
Referee Judges and lawyers too, wiil tnd
REFEREES ETFoKr TO suENCE THE PRESS
But the Referee system, reekng as il is IN up.
ton, /, not the only the worst charge that AMI
Will be brought against them. Those who had thrs
struck down the law under which they proCsscd To
and rampled upon rights they were specially APPOINTED
protect, sought to render themselves fro
monopoly OF wckedness maintained by them. Accor..
ngy at the latter part of the of the last Ii ga
ure, bill introduced, and actually passed both
Houses, which literally lifted the public servants above
their masters by depriving the people Of the right 70
hold those servants to any accountability whatever.
By that bill 1t made prison Ofense to criiciss
tho acts of our Judges; and any Judge who
might consider himself aggrcved by words spoken
the street and between friends had the power to
rest and commit the offender for contempt OF COurand
worse appeal therefr0m could he made To any other
Judge than the who had made the commitment. BY
that BILL II Gov Hoffman had dared to sign It. the
OF the press would have been closed the relation
Of wrong done by any judge rendered the person by
whom 1t related liable to the summary proccss OF
the Court while the fudge himself free from the
consequences which Heretofore threatened him. II
terial errors were made in the commitment.
THE GROWTH OF THE sYsrFW.
The evil growth Of the Referee system. whereof thi.
act hut the bitter fruit had long before attracted t
attention Of the community andas measure of reform
sn act brought before the Legislature Of 1869 where
by declared that all judicial sales there the
City and County OF New-York, should be made by the
Sheriff thereof This blow AIMED directly at the
corrupt Referee system OF which many examples
have been given. The Ring judges, and their !y"ri"s
teriay affected thereby, their danger. AMI by
readily understood managed in the first section to
the act all sales In partition suits. and where the SHERIFF.
was purity BY this compromse the sheriff secured the
sales Ia foreclosure suits only while the referees retained
the right TO act In the lucrative partition cases and
others.
LAW SET AsIpE IN REPEREghNTERrsrs
The Referee judges and lawyers had another very ma
teriaI objection to this which that section pro.
v,ded that Referees should receive the in par
tton suits a. by law allowed to executors and ad
that the commissions allowed by this
section shall not In any case exceed e6OO This last
clause had the law stood. would have reduced the
| Ia the business A of
charm. To receive hut hundreds where Thousands hai
been before obtained was degradation which
| who had the favor Of tho Court could
consent to accept. A determined effort WAS
therefore made to render the act III it pas~,.
nugatOry, and thus leave matters they before.
s pssssge. This accomplished by the introduction
separate su0ects two Of which were not embraced IN
guished section of Article III Of the Constiturio.
which says: "No prtyate local hill which may be