New-York tribune., 1871-11-24
THE REFERhE SYSTEM.
Continued from First PAGE.

COntinued from First Page.
tcndcred 70 him. on the ground that the decree VOID
and the sale Illegal by reason Of srl violation of the
act motion was then mabr and granted at a SPECIAL
ihat Is close mansliion lie appca@ to to Gsnsr,
Term where the order wjl' airnr he then appalrd 10
the opinion Of iic Court. the oer Jndgr, conrnr,ns.
that he ac was Invalid becanso IT c"hGlteL with ihs
therrupOn drc'.el u complete his purchase Tn,
test having been dee ded IN their favor tue rr.es
passed. But cannot al u be observed that lorc tha
unconstituionaliy OF this law d,.Ied ID. Judge
III. OF his own Eotoi to disr' -i tic law .la ppnt
,"a,rn in 10 i"% d IT, tha pSI" M1 s;
ssncd the d"crc. and Mr. "Draz" Coleman v A, IN.
rrf, rec ne onu,cd 10 sell I'm place q, I. .i' 3
10 cap tie climax Juigr Carbon made tbs order st
| 81. Gal Tenn compelling fl.c par n'o"r +" taae.
memhrr Of firm Of hisl Standing at hi. bar.
of common nutoriy that certain of IL" jnig- had
nom The OF the act Of isG9 and horc mi,
had been ir.ld on api"a sn,i"d II pI", IA
pcri /" IN" appointment Of ref r"cs 10 -' i
ants. i>irad oi the Shea n. an that any f,rn,n.
sIaucr by 'oiusl Invariably met ~ In dsr's
,pohN. % that law IL unc"n-flin'i"nal.' although
.I y w si hi"t o . and 1 , nav" @ rn ,n & . sG rsl
the law been declared constitutional by tue Court Ap
pcal,; whcrca, u tlil given by the sheriff void nave
been good in either ease, the Sheriff Away. lad The
power To se III those suits. Common de'nss, he
,ulcd should have inl"lld them to tn, law IA
constitutional until wa, IL cdrt TO be- otnrrw,r"
Possibly hmt common drcency AMI corrupt rayortisrn
do not spring from the root; and few r>amprsoi
the latter. gwen here. VIII serve 10 show how little OF
the former found congcnIl soil IN tIe Cor, ruled
by the prrsous often mentioned II La. n"ri a,cr.
tanned that between the 81 VI October ald 2th of
November. inclusive. 81 referee deeds have ,,
in this county OF winch number at least - were given
T. CT l-wcre given by three referee LhHyen-D T. In
graham, jR d. Crail Nathan %, James II. Corman %.
Lest tno,lsnt. iiom the d p.oIab' minority Mr.
Israham's deeds that his bLsiss Is not ~ h,urish
mg condition., the following facts, 'ouehcd iof b. =
lawyer Of good SANDING wall s'rse To- relieve any
casinos, Of distant friends ia that regard
Five HUNDRED FORCED ON Cor,sgI.
ia.
gard to some property the neighboriool oi Church
and Lisp, nard-sts. wherein a certain attorney sp
pcarcd pro f,rnafor the executor, and heirs merely
to r. qure that notices Of sale and Of surplus moneys
were given him. The mortgage was for abont $500
h" Pr"c s s" no "a OF .oa 100 IN IT, .Is %
the City Chamberlain, which balance belonged to tho
1ils @ r n orer Of Reference to I" wo%
these surplus moneys should go Ihc Judge took the
If reference al the Clerk office, signed by Judge Bar
nard, and directed to d. T. lnrah;.. Jr II" toa car
and letters tcotai ntary. The referees sole uuty
to nop ct the paIcs. there va, no eptfa' ai maze
minutes Brluc the counsel lot Mir. IpgraL.no olnce,
the lt'r said: "Y0u want an alow,icr. '.'nt 'our'
We'll said the counsel Z" supposr slOo would bt ample
Remuneration FOR NY trouble" /" Pooh. poon!" replied
MI L. 500 is nothing; bat you needn't trouble yourself
anoht % ruse a. M rn consi sft. and r St day re
cevcd note from Mr. Ingraham stating that he would
hnd certified copy Of LS or.cI tonhrn,is , hs ep"rt ~
that an award Of $500 had made to Ineraham and
5000 himself, and that Ingrahan had arcadI dIswn
REFEREES TAKEN CONFUSION.
prominent lawyer gives the following history Of
o case in which he was concerned: a Iv"rce sdt
came before Judge McCunn time ago TIE Aitor.
ncy on the other side the Jndsc's brother iraw
The wife wa. worth &Go.OO while the husband
"A clerk having nothing but moderate salary barely
enough support binscf alone til" wife go an oi'l-i
iur hn pay her alimony. Tnis was entirely against
old rSantiing Of iic WHICH, III cdSct
acquired that the mcan' Of the wife shold be eShasted
before granting alimony to her from her husband
The tilst IutsoD when the cast came up was wiet.ti
he was real. no 7" pay ana ."n @ i len, 70 o,e e
tho consideration Of the Matter Ia person s""ttti oy
himself. when drawing thIS order the Juig" rrnrk"i
'Iouk here, uns,ni TO this III ia Il a~.r
able allowance. Yun ,an't evpr'i hmN hral thi, ior
the statutory fee" The rterre "pI'mted was s
that he was so,nctirI, Obliged 10 have t.r'c aui
under examination I the same time. day was nndly
ana consumed very ltc over an hnnr. "Xaniine only
tho I"n n ,,;. ,pnomnt oc $40 was All -nt rnl; bnt
com promise 1nav cffrc;rd whereby >lU only was
paid, the dcdut vi so Ing na on account of the
mans poverty the causr OF Complaint IN tnl, ea,r al
to e double iirst that referee was compulsory
ap.. second thai the referee was alIow to chars
very eAorbant iec-the statutory tee beng sit'ins
"REFEKEEs on SAIL"
Aside fl ON the corrupt fIyortsn pract.t IN the aP
pontment OF who the creatures Of the corrts
much dissatisfaction has been created by tie ustce OF
appointing referee tO scli. who has not acted 10
the preceding suit In partition suits the -op
to perform and his fees only S. u sitting unless ;6e
counsel to allow h,m more; and, even thu II, hii
whole charge would not ordinarily more thar
500. Hence Crates are rarely foun referees
,;" and as tie tees OF referee sale are allowed
by the cot at rate not exceeding two AMI half per
cent on the value (wnen the referee IL not Grdtz 10 was
Imsry & Ihe custom ,,,; I" "rim, tn , s'n"
matter. The duties Of the referee on sae are
by the Court at rate sometimes high iiyr
tnt only when he IL "Gratz), the referee on sale 10
done IN in. way aptly illustrated by the OF ke
ogg AK inst kcll'gS wherein MI IS..c l,ays,n Old
heavy and his fee, were lic'. TO wit, $50 Tnr referee
on sal" was the iathi hi sperirf Gratz Narhan hi,
than 500" according to the ,tatcni;ut -;
counsel in the while anotr was rather c"r fl"n'
rxlc: amount Iy an rsl cc uu oi tie Ju..nrni Roll
failed consequence "i t." abrn"r "f my record Of the
But The demonstrate iot 'ul th' point 10
question. but also that th, Gra/ts III pirrriht tn ~
pointmcnt OF referee sale instead Of On tt G. ka!w
post.
Complaint is also made ny lawyers OF the custom lately
established in tLe Common Pleas, OF imposing tlc co,t
Of reference upon the judgment creditor WHO seeks w
supplemental proceedings u discover goods oi tue udx
nua bona. 1t Is said that this custom h's been estae
shed simply by IL" aibtra RUE Of INC CGr ANA c,d ~
in tho amount of the referees charges, ~Lchar III many
instances far beyond the statutory fS. as well ~ nc
costs in the preceding SUIT. The referee appointed
these matters generally officer O' The toui, TIE
amounts involved are small !nt me ,!H,iini' ,s a. M
Porfant to the poor man az 10 the fch ihiS PrHeo'o
also obtains i'll the Supeii.. Cour'.
WORD TIE rROrEs SoS.
Since the public atOn of the first GIl lc on This >iiect
the particulars CT many eases have been cor'rbu"da
well as such moral support US is to bc .l.heIrd from
commcntatory epi,es tsome of which have been pub
slcd), hut always except in one markworthy instance
accompanied with the requls, that the naars Of the con
tribuors should bc whh,d. for tn pr mt II Last
The explanation Of this request is ATTY given IN the
words uI the man, Henry l.. FJrnswoih. II eays
THAT the writer of your article found any dhcd!iv N
arriving facts Of particular care - Az
trbutable to the other facts that the judges ihr'f
referees and their idTySrs form combination ar iIhs
WhOse influence the bar Is potent Tor lWrv
and which few individual members d.ii' rr cln w:in
safety confront No lawyer can urort 10 tel his own
story of wrong, giving the facts. The case. ana t.e