New-York tribune., 1871-11-17
EATHE JUDicf fARYlRING.
!, ,,trrRura81iER = a81i ExrosnRE OF THE REFEREE

THE GRArzEs-YoICE OF THE BAR.
Tho. lawyere, of, this city, while, without ex-
,Iob dsASuneiU the infamous practice Of the courts
IN auontfng reaves end fsvoFites - referees In im
portant csseA eneraily manifest the utmost retcence
IT, especially In cases where they have them
basn Injured The reason for this reticence is
ontons being rs already stated In THE TRIBUNE, fear
a, reudicing the courts aganst themselves Additional
oasas however continually come TO hgnf, Imply cor
roboratng the statement TIE TRIBUNE has made. :.
several wears ago certain Dr. FreeIey was on trial Tor
having 1t appears applied eatner plaster
n cancer on the noss Of wealthy man. The patient
dad and the physcian brought In bill OF sSOo Tor nv
,Araanoa payment of which was refused. Judge Bar
nard referred the case to william Mitchell, who oecded
that A the patient had employed the physician inc p
utst be paid with interest In the computation OIL ih
terest tho Referee made mistake OF sloo Wheh "sS
brought before the notice OF Barnard who entrey 6
nored the error 1t being 10, the
the payment Of the BILL
Not long since Judge Jones appointed Joe Meeks, an
officer Of his Court as Referee IN Q case where the
amount involved was q lO0 The Referees charges "ere
1850! .'.
II ia generally understood among the legal profession
that the appointments Of commissioners ana receivers
are made according to the same plan rs hoSe OF
A notorious illustration Of tas met was the
appoiutment OF Peter b. sweeny receiver In the
famous Erie Railroad case, In which the appointment
was made the condition for Barnards Tenomination W
the Bench Of the Supreme Court Some time ago very
important case, involving large amount or money was
brought before Judge Barnard for reference 70 oom
soners As the case had attracted considerable pubic
attention great care had been taken by the counsel on
both sides TO select welknown citizens to act ss Co
uissioners The proper motion was mAde In
court, and the papers handed up 10 Suoge
Barnard for signature the counsel little dreaming tnat
any objection would be made TO the COMMISSIONER
agreed upon Judge Barnard LOOKED at the papers anu
e(a0fluT
exception Of the names Of tho Commissioner He then
took his pen scratched out the Of ths prominent
citizens and inserted those Of Samuel others
The counsel In the case were astounded One OF tue"
arose. and said, "But, your Honor we Thought thAt q
the case was one great public interest would Dc wen
to have men Of known inteRitymen who have the puo
Lie confidence" Judge Barnard cOony replied: You
ara nerfectly right Sir, don't know any men better IN
tbe city than those have appointed One my father
a. J onotber nv 6rolerfn.iaw and he other my Junfy
physician"
number OF these Referees have grown rich in the
business through their influence with certain judges
that they now decline all Of minor Importance, ana
cOnne themselves strictly TO cases OF foreclosure par
tton tho opening Of Streets in which The fees are
enormous and the trouble very slight On questions OF
fact their decisions fnR-cannot be reversed Tney
can pretend to believe the basest perjury, and decide
case on false evidence without any hope OF redresS
for the injured party. On questions OF law alone can
their decisions be impeaohed The remedy for the eVh
as 1t now exists the next Legislature TO pass law
providing against the appointment Of any relative by
any Judge to position Of this kind, and making 1t sum
cen ground for Impeachment for any Judge to decline
10 appont the Referee agreed upon by the counsel In the
case to be referred.
THE REFEREES CoNFEDERATEs.
The auctiOneer is the Referees chief auxl-
ary when the sale Of property involved The Referee
pays all the expenses of the SALE and has the preroga
tive OF appointing his printer his own assistant
and his own auctioneer The quality for which these are
seeced IS in the majority of cases. Of reputation
All divide the profits with the Referee. case was
brought to the notice of TRIBUNE reporter yesterday
IN which sale foreclosure takes place at White Plains
ing the fact his notebook for going TO White Plains
IN the morning and returning y 5ne asrnoon s6s slS
ia not such having tho sr-
ransement Of al matteEs allow any alchipg more et:
Natural enough tnst at JIO VI this u placed TO his
credit. o. -.r
frequently cases go through the court in pairs by
which plan the expenses are little more than ST single
thelF own Referees, and TO confirm t6s al amendment
WHICH coDcudsd & By Sr@nS that Se court should not
approve as Referee nominated BY party TO the
Ss hsOp S OF n %oh and he
with absolute t. and is secret eOnt Ihs sssrh 1 wnq S
particular "Gratz" substituted
HOW JUDGE APPOIhTS hEFBhbho AMI
NEUTRALITY-SUSPICIOUS. ABOUT HIs CRATES.
Early last Summer an action was begun
against Leeds Miner and Others TO settle the rights
OF tho parties to the suit to the proceeds Of the sale Of
certain personal property by defendants auconeers
Tho case referred by the consent Of all the parties,
and plaintiff proceed in the reference and rested the
case One OF the parties then moved, on an AFFIDAVIT
that he had not personally consented to the reference
that the order of reference be set aside on
fha a
This motion came up before Judge McCunn. who de-
tanned the papers for time and then ordered the
time be referred the case to william NJ Tweed jr and
although none Of the parties to the suit even suggested
own motion, directed the money to be placed IN the
this order WsS to d:pvs The paut Of interest on
s money Which Mould hSgs sss1 Paa Sy ISS Ss s
des ne reesns fess the receiver has hS counsel who
must also be paid Then when the case is at length de
the ossaI amount . about dsspgess. q ss.
attorney. aa$sd MosGsa and Hsafsssn e whom Ss
Ss 81 % s SsS H1a n sS very y CS SOnS sa
named Reilly had obtained execution against certain
ES sSous s0pns Z Sc to .o Mr. M ss9 Esa SSs
ssS attOs1eyS taSerss1Sa % appeared
cases applied foSsn injunction restraining the sale Of
auo6p sSs pEHRss 70 Ssi n s D
tnianetnaa a. was sIa9sea Tas.euponA A Rs.llys counsel
motion before the Judge holding the regular Special
Ter after hearing the counsel for each Of the PARTIES
the Court dlsseiyed the injunction with costs and An
order to that eGeot was duly entered and served
upon tho plainsi6s attorneys No appeal was taken
from the efder nor was any leaEe ven 10 renew the
uotion for another Injunction within day Or two AZ
forward. Ae seNe Ghnssys upon the came complaint.
which St not been newly Verhso. and with no new or
pro- urcd from the saEhe Judge QHcCmp) who had
Isntot as Ant t;vnction SC9 An I. r s2p,ics:,,S1
eeur, Nsa While another yudge WA holding the
ya96sR Special Term and CAamoers, eec-
ca in;uRstl6n, itof fhs sAms tsnor and
en- = y the injunction which p bad been
DIES 'sd together vth order % ahew eause why the
ssa saCuld Mo Scs o = insSs % R:%TEss1al q. Upon