The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-28
The Bill to Establish Official Referees.

There are several serious objections TO the
bill providing for local system OF Official
referees in this judicial district which has
been introduced into the Assembly 10y Mr.
LASGBEIN. 1t authorizes the appointment
Of twenty resident lawyers as Official ref
erees in this city, to whom all referable
causes are to be sent. The right Of desig-
mating these gentlemen is 20 he vested in
the Judges who preside over the General
Terms, respectively, Of the Supreme Court,
the Superior Court. the Court OF Common
Pleas, aud the Marine Court. The referees
are TO be paid by fees, which the bill pro-
vides for in considerable detail. These are
the chief features Of the measure and In no
respect are they any Improvement upon ex-
isting provisions OF law.
The first question that arises In consider
ing this bill is doubt as 10 its constitutions
ality. 1t assumes to give four Judges in the
city OF New York the sole power 10 appoint
all referees in this judicial district. Their
brethren on the bench, to the number Of
nineteen in all, are thus 10 be deprived Of
the right they have hitherto exercised OF
appointing referees in referable cases, whore
the parties themselves do not agree. Pos
sibly this might be permissible in regard to
the Marine Court. which exists only by vir-
tue OF a statute; but the other courts derive
their powers from the Constitution. Section
Of that instrument, which relates to the
judiciary Of the State was adopted in 1860.
II provides that "thefe shall be the existing
Supreme Court, with general jurisdiction in
law and equity" subject TO the appellate
jurisdiction OF the Court Of Appeals; and
that the Superior Court Of the city OF New
York and the Court OF Common Pleas for the
city and county OF New York are continued
with the powers and jurisdiction they
now severally have" When this portion OF
the Constitution went into effect, the power
existed on the part Of each Judge Of each OF
these courts TO appoint referees In cases
which the law allows TO be referred. Was
not that power inherent in the jurisdiction
conferred by the Constitution, and can any
thing less than constitutional amendment
take il away
But aside from this fundamental question,
the proposed method Of selecting the Off
cial referees is extremely Objectionable. We
should be glad TO sec steps taken for the
total abolition OF judicial patronage but
this proposition preserves the evil system
Wnllc uniting Nuc uullLtI VI peISVuS WIZ
shall enjoy its privileges. II we are to have
judicial patronage al all. let it be exercised
by twenty-thrce Judges rather than by four.
Its reservation 10 the presiding Justices
creates a false distinction which Is deroga-
tory to the dignity and injurious 10 the use
fulness Of the other members OF each court.
The salutary rule that judicial officers
should be paid by salaries rather than by
fees is dsregarded by the provisions which
the bill makes for the compensation OF the
official referees. Instead Of receiving fixed
| compensation for each days service. as Il
referee does under our present statute, they
are to be paid small fees for each Of number
OF different acts which they may be required
| to perform; as, for example one dollar for
every attendance and Adjournment without
/ hearing. three dollars for taking teeti-
mony, five dollars for drawing and execut-
ing referees deed, and ten cents folio Tor
necessary copies Of testimony. Tho whole
system OF compensation, which now has at
least the merit Of simplicity, would be rem
dered complicated and cumbersome by the
adoption OF this plan.
Whatever reform is needed in the prevail
ing methods OF selecting and paying ref
erees, will have to be brought about by a
very different measure from that which Mr.
LANGDEIN has proposed TO the Legislature