New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-09
PECFTVERS md REFEREES.

The testimony of Judge WestbrOok before
the Assembly Investigating Committee on Sat
urday last illustrated more fully than any pre-
vious evidence the pcrniciOus features OF the
law governing the appointment of referees and
receivers, and the gross abuses to which the
system has been subjected. His testimony was
explicit, and it confirmed all that has been said
by us of the rottenness Of the system under
which this class of appointments have been
made There were several instances men
TONED in which the Judge appointed
receivers on the recommendation of law
yers whom he knew his appointee would
employ as counsel. and to whom, i'll such
capacity, the receiver would have to pay enor
nous fees These fees to favored lawyers were
paid, it appears, not on the basis Of any specific
rate or after inquiry by the Judge as to the
work done, but on the recommendation of the
receiver and the report of fellow-awyer; as
if the average lawyer were likely to cut down
his brothers claim! 1t was mentioned as
special evidence of the Judges honest inten-
tons that in one case young man was APP
pointed whom the Judge had never seen, but
who was "str0ngly pressed" for the place.
This "lobbying" with the judges for these APP
pointments appears to have been common.
4 State officer the Attorney General, is seen
urging the appointment to an important recciv-
ership of fellow officer, then State Treasurer,
whose term was about expiring. A clerk of the
Assembly is found securing the appointment to
lucrative receivership of his partner, an ex-
Speaker of the same body. A leading politician
asks aplace which yielded $4,000 in short
time for young man from another State on
the ground that he was poor and it appears that
that consideration had its influence Lawyers
of standing and even fellow-judges are repre-
scented as thus actively lobbying for personal
friends or business partners, and apparently
neither the lawyers nor the judges thought that
there was any improperly in their acts.
1t seems to us that the very urgency OF
these persistent applicants and their friends
would have been good reason for not appoint
ing the claimants tO collect and distribute trust
funds of widows ard orphans IAN uncommon
anxiety" to be president or to be made
referee or receiver is always suspicious. There
are certain offices and places which should seek
the man; not the man the office.
While there is nothing in all the testimony
taken which proves dishonesty or corrup-
ton on the part of Judge Westbrook, there
the Judge whose amiability has been imposed
upon is concerned, but also as the facts devel-
oped reflect upon the "lobbying" lawyers
and politicians. Probably the revelations will
work reform on the part of the Judge who is
likely not to permit his good-nature to lead
him again into similar indiscreet appointments;
but nothing will ever shame the lobbyists into
proprety. The remedy will not follow the ex-
it did not ten years ago when the scandal was
greater and the proof of Judicial corruption
was complete. The Legislature cannot afford
to adjourn without taking effective action for
the correction of the abuses of the system OF
receiverships and refereeshps. y failure to
take such action will not only be greatly 10 the
discredit of the Senate and Assembly it will bc
the cause Of very serious mischief.