New-York tribune., 1878-01-05
or iT/ fGfINP

We hopG al the Judges have duly noticed recent
instances of failure on the part of one OF
their number to confirm reports OF referees.
There is very grave danger, II Judges are net
careful. that the reference system will again
he subjected t. the gross abuses which ie"
years AGO rendered necessary something AKIN
to wholesale impeachment
II j. great pity that the agitation at that
time did not result in some change in the SyS-
TEN of references, as well as improvement III
tie practice of the referees. II rid lis only of
three corrupt in>ticcs and few "GrazcS,'
and induced reference lawyers to be moIS
circumsprct, at least for time. Bul
there were radical defects which it did
net touch. I'm allcviating the labors of
the judges aud cXpcding business, the rel
cree system necessarily tends to str up strife
so that perhaps even now it might be justly
indicted for barratry. This probably Is an
unavoidable evil. of which the cause must be-
sought in the natural litigousncSs of man,
whatever facilitates The operations of the
court, resulting invariably in the multiplicl-
zion OF suit, and the increased Ob'tinacy Of
,uitoYs II j. outrageous, however. that JUS
ticc should he made more expensive by
the VERY means devised To make il easier
The action of one of our judges, TO
which we have alluded above, was
taken Oh account of the oycrchaiEcS of the
referee and the excessive allowances Ia coun-
sci. 1t is notoriou, that Il trial before a ref
cree i. generally much more costly than a
trial in open court This is a standing grey
ancc. The courts are al familiar with it;
many OF the Judges have spoken Of it, time
and time again. with impotence and inuiGna-
tion. There is saying in the profession that
both parties lose their case when 1t i sent to
= referee. "Who won in Brown y. Smithg"
j, question TO which a common answer Is,
Both lawyers and the Gratz."
Thi, j. an abuse which the judges can cor
rect. With the judges also lies the remedy
for another wrong, which consists in thc char
acicr Of the men chosen for referees, and the
discrcdItablc means employed to secure their
appointment. Judges whose integrity is above
suspicion will sometimes send profitable refer
cnccs 20 personal friend, without much re-
gard to his fitness for such a trust, and very
often, ont of kindly sympathy for bricfless be-
ginncrs, they will commit important cases to
Young men who lack knowledge, expert
cncc, and the judicial habit of mind.
AGES the .u'ors. Again, when Il reference has
been ordered, il Is usual to see pretty sharp
contest between counsel a. TO the selection of
the referee and the clients on both sides axe
delighted with the zeal of their lawyers.
often. alas ! the interest of the client is the
last thing considered. Mr.. Cannon is eager
10 send a reference to Mr. Snap Ill the under
standing that Mr.. Snap, i'll his turn, will be
equally persistent some other day III urging
the selection Of Mr.. Cannon. That this sort
of traffic is not favorable to justice
goes without saying. The judges must see
how the plan works. and understand the real
meaning of the scramble for fees which takes
place ia their presence. We do not suppose
they can always prevent it, any more than
they can guard themselves absolutely against
iayOritisn, but they can greatly reduce the
present proportions Of the double evil. They
can break up the more scandalOuS cOmpacts
between referee lawyers, and rs for favoritism,
they can at least take care that their fayoritcs
shall be men of ability, uprightncss and rcpu-
I'll