The New York herald., 1872-04-20

Opinions Of Judges Of the Supreme, Common
Pleas and Superior Courts.
General Desire for Reformation Ap-
pointment by the Governor of Stand
ing Body Recommended

The Bar Association have under consideration
bill to be presented at Albany for the reform or the
Judiciary in this city, and especially the 'referee
SYSTEM" which has become a serious question In
large circles and led to corruption both on the
bench and in the bar. Nepotism and favoritsm
have In many instances marked the appointments
made, and this has caused almost every selection by
the most impartial judge to be scrutinized sus-
piciously and nsfnuations made that cast slur
which can neither be explained nor denied.
Most Of the judges In the following interviews
have expressed sentiments favoring reform in
the system but there Is diversity OF opinion re-
gardng the MEANS as some are in favor OF having
Board of Referees appointed by either the Gov
ernor or Mayor, while few think 1t advisable to
continue the present system, but to confine the
giving of references solely to cases referable under
the laws HERALD reporter, desiring to ascer-
tain the conflicting views OF the judiciary lights
this vexed question, made q tour yesterday OF the
various Courts and heard the ideas and suggestions
OF Chief Justice DAILY Judge Brady, Of the Supreme
Court; Judge Monel of the Superior; Judges Lar
rimore and Loew, OF the Common Pleas, and Judge
Curtis of the Marine. The reporter first paid o
visit to the Common Pleas, ana was favored with
CHIEF JUSTICE DALY's VIEWS.
He said the referee system was indispensable to
the administration OF Justice and was In measure
together In a less formal way, and minor points
solved which would take up the time OF the
Court to greater extent than would be advisable.
The course he invariably pursued when the oppos-
ing counsel failed to agree on referee was to re-
quest them to name five or six members OF the bar,
and from this list he made selection, and II the
name was Objectionable to either party another
was chosen. The law, it present existed,
If honestly administered, would meet all
the requirements. The Old style OF having
he thought it Impossible to introduce the
French system into this country, with Its multitude
Of Judges without an organic change in the consti-
tuition, as by our form Of trial 1t would be impos-
sble for the jury to remember all the minute de-
tails whereas In France testimony is taken before
the trial Is begun, whereas the fundamental prin-
cipe Of our constitution iavors oral examination,
rs the appearance and manner or the witness nave
a corresponding effect the jury, and nothing
would be gained by going back to the Frencn
system.
OF the Supreme Court, was in favor OF appointing
permanent referees, as it saved them the trouble
yers and dilapidated members Of the judiciary.
He thought that about fifty referees
snGud BE- appointed by the
to the method of Selection no decided opinion
could be given. The Governor he supposed, would
be Influenced by the same considerations as in the
appointing OF notares and no doubt the recon-
mendaton of the Bar Association would have due,
but not preponderating, influence his selection.
1t has been proposed that at the General Term of
each district certain number should be appointed
but thought the previous plan preferable. Though
nepOtism should be guarded against yet there were
cases in some relations Of life, when known, proba-
bly, should have it's weight against the untried
honesty of the stranger. II 1t were not for the en-
gagements Of counsel the Courts could accomplisha
great deal business, those who plead are few
He should like to see some measures taken to dispe
the dissatisfaction that seems to exist, and as the
Governor of the State is a lawyer himself he would
undoubtedly make proper selections ana devise
plan for choosing proper men, irrespective of the
profession of the occupant of the gubernatorial
chair.
maintained that only cases referabe under the law
should be given to Referees and In no case should
a referee be appointed unless the contending par
ties mutually agreeable to his nomination by
the Court. board Of referees would be objection
able, as 1t was found so under the old Master In
Chancery system, because it became compulsory on
the Court to appoint referees who We're objection
able The responsibility of choosing referees should
rest with the bar, and not with the Judge,
who should have sunlcient latitude allowed him to
make an nnquestion,abe selection The power Of
In actions where the right of trial by jury IL Sc
cured by the constitution the litigant should have
the benefit. proper exercise OF the power Of the
Court will of itself remove aobjections to tho
referee system. individually he never appointed
ceipt OF letters from eminent members of the Bar,
who had M sat ON the Bench for cases;
perfectly proper The reporter p suggested that
the English system OF having barristers might
dg for member of the bar either to solicit cases
reference, and In Great Britain no barrster
seeks employment from his clients. The Judge was
not prepared to give an answer to this question,
but was decidedly opposed to having distinctions
at the bar, for the appointment of board OF
referees would give its members a certain rank and
status He was present at the convention for tho
revision OF the constitution In 1916, and was In
favor of abolishing the Superior, Common Pleas ana
Marine Courts and making one Supreme Court OF
twenty Judges, where there could be some uni
formity in decisions. As at present they were
Numerically contrary. The panacea, in fact, for
this evil was, as before stated, only permitting
strictly referable cases to leave the Court.
JUDGES LARREMoRE AND LoEw,
at the time OF the reporters visit were In Cham
bcrs. Judge Loew would be happy to have the
from the bench, as it had always been a bone Of
contention. Where both parties were agreeable he
npt' not. however in favor of standing referees who
sort OF monopoly, and 1t was very hard to
find in limited number just the person who had
not believe IN taking the power OF appointing
referees away from the Bench. He would have the
to be confirmed by the Senate, and from this
body referees should be chosen. References were
Tribunals Of France could not very well be substi
tuted for the referee SYSTEM as difficulty existed
in giving Evidence according "a to rule which re,
objection was obyiated by the written testimony
taken in France.
OF the Marine Court, maintained that the anmus OF
the Bar Association directed against him was on
entirely Changed and the power @ taken from the
Judges entirely Of appointing referees. He wrote
letter to the LEGISLATURE advising the taking
away Of the powers Of Judges Of the Marine
Court to sit in summary proceedings,
and this caused the personal enmity OF
Judges and family connections Immediately
benefited by It's existence, and the humatng
spectacle has been witnessed of three Judges OF the
Marine Court going before an unauthorized and
illegal body Of irresponsible lawyers who act both
as witness and jury. The only way to destroy the
referee cancer Is TO cut it out and far as regards
the Marine Court no new power should be given 1t.
III he failed to pass certain reform measures lie
would try to secure Its abolition. If referees are
to be employed tand they not necessary, forany
Judge who Is willing to work can do all the requisite
business and references only encourage nepotism
and corruption he would suggest, SO iar as tnc
Marine Court goes, that the power be vested IN tne
Mayor OF the city to appoint ten standing Ieielees
who should be men Of unquestlonapie ih'ee'iy "n'
ability
oyrnr AMI MURDER