New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-01


were being repeated under their successors.
Itis now ALLEGED that the abuses have become fla
crant and lawyers, merchants mortgagors and
others who claim to have suffered by them, have
demanded some relief from the Legislature The
stems taken are given below.
PROPOSED REMEDY FOR THE EVILS.
A number of prominent bankers real estate
dealers merchants and lawyers and also several judges
of Inc Courts who impressed with the necessity OF
having some legislation which shall remedy the abuses
of the referee system at present constituted held
meetng a few days ago to consider the subject.
II was finally agreed to draft a bill to be sub
mitted TO the Legislature for Its action In pursuance
of their wishes. ex Assembymau Freedom G. Luckey
drew up an act which was approved and 1t was sent
IN Senator Forster. who introduced it In the
State Senate 1t referred to the judiciary Com
mittee which, it is stated, having investigated
the alleged Of the existing system will GU Mon
day report in favor Of its immediate pas
sage The Assembly has passed resolution
directing County Clerk to report the names OF all
referees fees paid them during the year 1879 1t
being alleged that many OF those who were appointed
were simply lawyers clerks in the interest OF one or
more OF the tgants who charged exorbtdnt fees The
full text of the bill introduced is as follows:
An act to provide for The apDopTtH%ent Of Official
TIE people Of the State Of NewYprk represented in
the senate and Assembly, do enact as follows:
conrt for the Ist Judicial District ChieJusfice OF
the Superior Court of the City OF NewYork. the first
Judge OF Court OF Common Pleas in and for the City
and County OF NewYoIk, and the ChieJusliec Of TIE
Marine Court OF the City of NewYork are hereby au'
thozed and Grec;ed within thirty days after the pass
age, of this Get to select ana appoint ih.u he
members of the bar. of the drCree OF connection
at law in the Supreme Court and residents OF SAID CITY
of New-York, 10 act as Official IeieIees OF sa,t
courts; and all actions; pfSeecdinss ana mai maI,
shall hereafter arise therein, which are now or
may hereafter be made referabie by law, or at
which a refere, ce shall be ordercd by consent
OF the parties to ouch action mater or proceeGnG
herein provided TO be named bv the Court or Judge
granting such order; but nothing herein contained sal
be construed to prevent the party to such action
matter proceeding from agreeing TO associate one or
persons with the official referee III any oroer OF
SEC g Tee referees appointed under and pursuant TO
the first this and all Others VITO shall be
appointed fill hereinafter provided shall
rec i've certificate Of such appointment .SnfG by
the officers named ID SAID first section OF majority oI
them. and production OF the same to the Cerk OF the
lug the usual oath OF office before taen clerk oT
his @ & 6 mat book ao 81 aa s en a@
to enter upon and discharge the duties of o.
laws of TINS state IN the CITY and County Nrw-York.
SEC g. Tue duties Of referees appointed by Ids
Act shall be such as now which may hereafter BE-
provided by law, and the rules and practice OF the Su-
preme Court they shall have power to issue subpGpas
TO WITNESSES aud grant attachments to compel their
nesses and others IN regard 10 the matters referred 10
hearings - before them. and TO do all acts and
things TO the orderly conduct OF ne proceed
ngs before them which Judge might lawfully do tn the
trial of action except thar IT shall not be lawful Tor
ccntemnf 6nt in case any party TO an action matter
or proceeding on hearing before any referee. thcr
lawful orders or requirements OF SAID referee, shall
distorD the proceedings by bois,erous or quareisoc
dsorderly and eoutumacous said referee shall adjourn
the hearing before him, and certify such
act or acts cOnemrt TO tue Court or Judge making
the order Of reference 10 the end that The same may be
Inquired into. and punis he'd according to law.
A. The flee of Official Referee, as provided IN
this Act snail vacated by tie death or resisnaton OF
County OF New-YorG-and he may he removed by The
officers named IN the first section OF TINS Aci, OF
immortality. neglect dcreection OF duty and for
dishonest and unprofessional conduct ana acts
but he shall be entitled TO be served with copy
OF the charge or charges made against nm. To-
De In his own defence, either - person or Py
counsel. before such removal from Office Upon lhe
happening any vacancy above the officers named
in the first section majority Of them may proceed
TO MI such vacancy by appointment and certificate rs
SIC 8 The fees allowed toIeferees under this Act 10
be paid by the prevailing party and taxed rs disOnis
ments n ms costs in the action, proceed
Ing referred shall be follows: For every attend.
and adjournment without bearing, u 'or
e very attendance aud hearing, examination 81 vat
nesses production OF doenmsnsary eyren nee or
lug copy the Court, 10 cents per folio Of 100 words
and 4 Ike for all necessary copies OF
testimony. cxnibs other papers For attendance on
fne OF real estate, when edl,urned IS; when sold 70
deed or other conveyance, as such referee 50
sEc. 6. THIS act shall take effect immediately
TALK WITH THE AUTHOR or HE BILL
f. G. Luckcy, upon being called upon by q
TRIBUNE reporter, who inquired concerning the
matter sad 1.-THE Whole system OF re'
erences and referees now appointed
needs changing. It makes the burden so great upon
n;igants that unless the amount in dispute il
very large It Will be all absorbed In referees
fees and people who have had experience II
cases of reference hesitate TO 90 through th'
ordeal no matter how much is involved Then, without
inputing to Judges corrupt motive, 1t harpen
that inexperienced penny CLERKS in lawyers Offices o.
mere fedgngs at the bar, acting III the Interest o.
plaintiff or defendant, frequently appointed Again
~ foreclosure proceedings, especially where the planii
Is bank insurance company the referee ls nearly
morigsgor stands 10 chance whatever Then. the fee
ere extrayagant end usually eat up me amount
IL is absolutely necessary that something should b
done 70 relieve the Gen caSe % and SO If is Gceme'
desirable to have an Official Board of Referees
,S % i or couy,s This viii Insure tio Ggi character
81 rs 1smSrs The sov Ss not are e Is Un be
Just TO ltganis. II simply transferring The business
which ueed to be done by the Master IN Chancerl
skilled lawyers. The power TO commit for contempt Il
eia bodV 6ni The referees possess ali other i1dics
functions think there Is little doubt that the bi vii
OPINIONS OF OFFICIAL APPRAISER M'cIAvE.
John MeClave the Oflcal Appraiser OF the City Cham
beain who familiar with the matter OF references
especay In cases OF foreclosure. when called upon by
TRIBUNE reporter, said:
81 have said so much. and done so much to brea
ND these frauds, that people begin to think tina
l have a grievance 10 satisfy. This is far fioi
the Truth. / have 10 other object ID view tina
10 expose and break up, II possible, an unrighteou
system OF peculaon and fraud. When see HE lnsu
snes compapies and Influential attorneys go into cour
and procure the appointment Of their own attorneys an
clerks as referees something is rotten some where
and intend 10 ferret IL out, II can. think soG
OF our Judges are imposed upon, and some G
them are lacking in moral courage Al al