New-York tribune., 1871-11-30
Iees,ature should mako sure that tneso conris Win
trIh,bns substtuted In their stead
A DEFENSE OF THE REFEREE SYSTEM.

|
os also in tho editorial thereon in this mornings 'S'o
of your paper there many miHsfsements IN re.
card To tho caso OF Guskn agt Mecks and others; ana
these errors II allowed to stand uncorrccted, vr'"ny
charge so gentlemen nected Win the case OF
h,s tsri,n ss msdc,neanor punishable by im:
onmcnf or boih that Justice to a those c"necrnSd
You say that the caso wa, perar.d and tha J!
| generally referred tO among lawyers" ~ " Ti'ne
Ease Now have yct TO know Of The rst Ycrson %tn ,n
%d I 2, ri, s' Cae was S ,c not %
scrt in August 1862 but on March TO- 1902 rs was ;o ne
Ike OF Gskn agt Andorson' reported In ADo'''S
kSs's TSs was ncary Two months 40 days to he exact he
The The atom - nsi hav all been yit.d with pI.pne'i;
insight az wha, acts The Legislature would enact: n
pTsscnr"d to Justice Barnard until August c sco and
h. mink yoM S "M ,h,d, % w,S nS Ta, [I"" aa %ao
aIss sn Sara H" .ss
actions hav0 been characterized "A Inair casrs Airf
sals the % p@rss Sas nc sa e. or Gi snax rrn
and that further KAN ation OF lhc hose his irrha
sn.sa SS Ta @ tho hot M '' IT. % I" DO S;NsG % 20 %
suiiaiion with tho Defendants attorneys, mud guai
gss ss % n,. % 'nS pr,sc sts We Isa new
sale ,l.t produce less favorable result TO thc".
| uIoon was then made ut tho nct t'a''N't "f 'jn
CONT regardless OF who the sitting Judge might De. and
Justice Ctriczo decided tho act |? m nro- hntionh
and wrote an opinion Wlch was published hy fhe E'r-
ming IoSi ana oLer paper :, nl Eacd by thor n blow
~ tie grcoinc.s OF liz ocrn! The pn,ha.,r rpprnir.
and mt the Ccrernl Term consisting of Presiding slice
Tioras W. Cerkc and justices Cadozo end sutherland
the Il cision affirmed unan monsy Ih' npea1 was
"ry II bring entitled to i"i n'r %" -" M @ iIn m
March ls.o. again unanimously "i,irm' Jt.'" "f'nM;
1Iis Court consisted oi lO'it Earl. Chief .idg' hi
Judges Grover, Hnnt, Lott ana JM:ic,; ;u'nciLliii'
Ingalls, Foster, and Smith. 4. Nc"forh I'p"ils'
mus, year after 1t started. t!i- "r,i'r"ai
madc-up case" brought insticr to the pariir
Now, DOES u not sem y"n t'm =. Your r"'>He j.
| juIg, w,O had any thing to % In ii' r.'r'i
And n ,h, ia 30. have yor not been i!t" moro
rwccring than you Intended to ho1
h.h stailng - th+ !'ar' fha lii- arl c",i moor nay
beer drcarcu unconstitutional unit tho judges Sfonlh
70 decide III C1ihnon ur'''.'y iii"'ri 'Mth 10 So
deca,o cs well az 'oniIn"h nSr a'ntg., TN iat''f
quality IN not apparent d, The learned c'uh'ci"iS -
Finally lei mo assure ,"u that yom eriirc'v in or
i haya s", ,n ,1 % ii, |i aYm"t % rs,2
So tar as AN corrcrn"d-,rd tiul the AM. l.'Y bc
sai m all tic lawyers IN I'll: ,asc-l have EcNci 'd
woia communication VIZ: any "f tAo Judges
W. IKE tlcn rai IN tho M h,st .r 1'T1" n1.,G j.
u c,,. riv n>.ilh'ira Iro.h fh irh d "i ~
",cni tr' n' AMI ''at w., ,'i ,,id 10
! ly my anlc olvor.,. iial IL" result VI the 49,
| mcns iu>tiii' my "iilon.
send herewith all the W'nris In inc case lbat !"H
| may examine them II Yea wish
Ny ~ I Yer t. i r1H I q . , al % y" riy nT be r." a, WIZ
rca' as tie o 'S' iau' f''i; :!,I aW'ii ,>uv ur,,
~, $40 iIroad~ay. Nov. q. Ill.
Lawyers WHO Rad thu lct,r viii perceive ut nnce
ai a:r Iiuii f,ii, e. u.c,t tho roia c,'crc! H.! Hc
IEiEi alii les; iut ir III" g'r' tai r e: h1i bc
ni,icl tncrcIy il Nl be we'll 10 give some Xplau.on
hy way Gf an That Il. q Ct,r oi Ca,!l Il f. Ne -
nn. o.hc.a n..'o ir'cr'rn; e. rr,ian q" IL
c!,i of Sir. - m Barnard mus be- app II, It t. IA!
when u ! remembered that. though tic:~ N.r" 1t o."
limo many other fclrci sure SUITS :" i as,
| wlorcin the law Ct ~ Lad .-rn yol;cd
! by tho appointment 4. Ic.crc TO scl instead
| If the Shcif, III, u t'ular caeo VAS se.""."l.
| II is worthy Of + "r. 49, q, OF hundred, oi lt'
Gu os the one ~ .ch vi = irclhl, the intimate o tho
Kin ir:.r. stod. chorcn Furthc- tue r.cr'
! In thi, ca nhic, kindly furnished H.; tho
sci, ~ tie fact that James VI Sgccuy arp"iu":
| r'''.'.,h I'D htem in the fut--a fact winch does
| not lt,rally support the cOunscs assc' Ion that
| thi; WA not made 4" casc That tho suit
tu y gun March &c sCo, forty days b fore ic passage
Of - n"f. of no consequence here. fo far u the r.
T., .-si.:i. :, c!r..r i,rl-e actually beg III on tho
49, August, the day Iugc Barnard deer cl the
sac. hnd appointed "Gra1" Coleman rcl"r,n to SCR
The -c made September II, the purchaser hid
80 H. p; to complete his rui,,iaSc ami On Oct q
| Chc purchaser having In"ariuc declined to take Tie
| decd, tho order granted hy JuiEc
Care -. compelling him 70 d, So. Between this date
nni H. 1870, tac in0.on was hear. on nr,.t:,I, and
The ,r,isiOn cGn'OIrrs the order named rendered.
H. ''r Esh speed as Ihy Lawyer Viii testify. That
" RAJ sinilIr G.crcc4 had been sign before the
! sicni int is raSc" only l'rs 10 prove what las
u c. thIoath a. ra..roai -IeeI." III order 10 decide
u, tiirtipray Of c Law in q:ef'!or. an thus
nc ii is claimed ly a." rvfrts T. act III ic
c:."s the o':"r paints covered by ar ITr are wic of
mark, ihou,h 1, nigh. b. - IL" to khow WHO
,tc "yDuns i!i,ni wa e: whom Mr.. riic.!id Iaaic
'nc p,nclIrSc. l.iips ho Objected also. TO tho
:,. s' 'i':.:. :.lity Of tho law. III regard to
To vioai:in of tho law by tho J:',cs before
1t has b1Cn declared unconstitutional q" rr., al.
;lo "corIan scn'r' of tho community vii sustain the
dccl.Iaon OF :hc member Of firm OF I;h ,taniIng ut
this IaI tnat common lc oncy" should hN mpc!lcd
the Jhigr to disregard any qrc 'ton which not pre-
scnl,d to him. Whether Mr. Hu &" has been guilty Of
ni,.emc.nor punishable hy hnc or imprisonment, or
both" is question which TnE TRIBUNE has not bee.
called Oh TO '"cdc and certainly has not charged; mt
tc public will Eot fan to observe that in this cit TO
''icwlsI system which is black with ccTrip;or theIe
Is not word said tondcBnaOry vi the fragrant
abuses complained OF. The chief OF which that raia
courts aic rcd for Tic bon,h. of tho j. Gscs. rela, es
ai,d rirn thai referees appo'u cd against tia wish
OF conrsn and ciicnt and t;t cAorbitant foes arc c
Gd!!y +actcd.- Id.
HOW EEi iEEES SHOULD BE CHOSEN
To the Editor or Thc Tribnue.
SIR: One cause of tho corruption which has
crc into the referee system Is the fact that the courts
pave departed from tho true principle upon w' r. fer
cnccs should bo made. Tho Institution Is very old one,
founded In necessity Formerly II was usual TO have
three referees. one Of them lawyer and the others lay
experts In order TO examine long accounts AMI numer.
detail, w.ch wonld b. cumbc crsomo on % trial and
e ,.ioIis in proof and development Next there was tho
old Chnnccry Master who gave bonds, appointed by
The Chancellor. and stood high for integrity and learn.
ing. On tho blending Of the two systcms
tho custom Of naming single referee intro
ducod, and. in place Of tho creditors bill, there
were substituted supplementary proceedings which
might DC hoard by Judge, or referred. Under the old
plan tho referees reported and the made tie report
HlndGmcu But the Court OF Chancery also referred
LiacrJ master (nOw called "rc,erce for infVrma-
ton and based its judgment on tho report Of facts