New-York tribune., 1882-04-29

looal advisor of all receivers is to be the At
torney-General of tho State, who may appoint
assistant counsel from among lawyers gener-
ally, whose fees are to be subject to the Board
of Audit. There is no clause, however, prohiD-
iting the Attorney General from appointing
the same counsel in half dozen or more cases,
some of which may turn out to be conflicting IN
interests: ard there should be an amendment
to the bill in this particular Funds and prop
erty in the hands of receivers are to be subject
to the orders of and to be deposited with the
State officers of the Insurance and Banking
Departments. In the main these are all Wise
provisions, apparently quito practical ana IL
will certainly require very EXTENDED Ting ol
State and Court officers to make abuse oil them
safe and profitable too.
II will be seen that no provision is made III
this measure for the appointment ana payment
Of referees in ordinary and private litigation
vet the systems are practically the same, anu
both could be covered by the same BILL Inc
referee system was originally devised to reheve
iudgcs from vast amount OF small iltlSatloi.
which conteSting parties were willing to submit
on law points or on the facts without the inter
vention of jury. 1t is very necessary that
there should be such systcm at least in New
York and Kings Counties, with their crowded
calendars. and when parties TO an action agree
upon a person to represent the judge there
should he no objection to his being appointed.
II relieves the Judge of unnecessary labor an d
the court Of extra costs and time. When the
parties cannot agree upon referee ana agree
To submit the appointment to him, II is very
proper, within certain limitations, that the
Judge should select referee for the rellei not
ONLY of himself but of his court. But when the
Judge is permitted to regard these appointments
many hundreds in year falling to every Judge
in this city-as personal perqusites which he
can throw to friend or give to some relative
on shares, the opportunity for gross abuse ana
Injustice creeps in. ave have agreed, your
Honor" said lawyer years ago to Judge bar
nard, to refer this matter to MIR. Gratz
Natban.r "Gratz Nathan y exclaimed the
Justice, crossing out the name on the papers
which had been handed up, hes Cardozos 3
Graft. Give it to Jimmy Coleman he's my
Gratzr And it will be remembered that on
investigation it actually turned out that Bar
nard had thrown hundreds of references and
receiverships Gncluding that of the Erie Rail-
road) to this young lawyer, who had just come
ONLY q letter of introduction from General
Sickes to commend him! And it will also be
recalled that after the Investigating Committee
had traced large part of Gratz Nathans allow
ances as referee into the hands of his uncle
Judge who had appointed him, that judge sud
denly resigned his Office to avoid Impeachment
and to become a Sachem i'll Reformed Tam
many!
The gate was never shut against tie abuse OF
the referee system. 1t is open to-day; and the
abuses are as great as formerly. 1t ought to he
closed by the present Legislature, and it can be
done easily. 1t should be made compulsory
ola Judge to appoint the referee selected by
both parties to an action if he be reputable
lawyer. Where the parties cannot agree-and
it is very seldom that they cannot do so when
they wish to avoid the uncertainty of jury
tral-the Judge should, by some regulation or
other, be required to scatter bis favors, or ut
least be restricted in the number he should
grant any one favored lawyer in single year
That would at once satisfy the bar, facilitate
decisions relieve the bench and save expense
to the people.