New-York tribune., 1882-04-29
TIE RECETVERSHIP ABUSES.

The Legislature is making haste in the work
of exposing the abuses of the referee ana re-
ceiVerslip systems and in the investigation OF
the charges against the only Justice who is thus
far said to have aided and abetted the wrongs
by inludicous appointments and rulings. we
have no disposition to complain of the Legs
| lature on this ground. On the contrary, we
| shall heartily approve it, provided haste does
not lead to incomplete legislation which VIII
cave the door open to other forms of the same
abuses. The Legislature might learn some
thing by history and make haste so surely
if not also so slowly as to guard against the
| repetition of past blunders.
II it recalls the events of ten years ago 1T
will find that the legislation of 1872 upon these
very abuses did not close the door against their
revival. We have clear and distinct recol-
| lection of that legislation, foI the exposures Of
| The TRIBUNE, alone and unalded i'll the dan
gerous work, brought about the first inyestiga-
| ton of the abuses and led to legislative ac ton.
In the first exposures of the Tweed Ring the
Judiciary was not attacked; it was only the
| financial and executive departments of the City
| Government which were originally assailed. In
| fact, Judge Barnard. who had granted an in
junction against the Controller restraining his
|
thefts. was at the time we began our attack upon
him and his associates and their Cratzes,' the
| subject of daily laudatiOn for his independent
| and honest course" The TRIBUNE exposures
were carried on for several months before any
| paper in the city seconded our efforts, or the
| Legislature resolved to inquire into the facts
we were daily laying before it, showing the
corruption of the judiciary ring and the abuses
| of the system of receiverships and references.
| But when the Judiciary Committee of the AS
| sembly was directed to investigate the matter
| and submit articles of impeachment against the
| three iudges whom we had designated as re-
| sponsible for those abuses, Barnard, Cardozo
| and McCunn, and there was assurance of sue
| cess in destroying this ring within ring, IHE
! TRIBUNE found hot secOnding from journals
| that had been rather backward, but which then
wanted to go too fast. And that was precisely
what the Legislature did do. Properly enough
it punished Barnard and McCunn, but it
| allowed Cardozo To escape, and 1t tried to I'M
peach other judges and failed. But worse than
all this, it absolutely forgot to legslate properly
| upon the question of receivers and referees, or
| to regulate the system which had grown into
| such mischievous power in the hands OF corrupt
| Judges and lawyers. And that is a blunder
| which this Legislature should not repeat, no
| matter what clamor for haste arises.
| The provisions of the bill presented to the
Assembly by Mr.. b. +. Baker, of Saratoga
designed to regulate this system, are evil
dently in the right direction The bill
| takes away from the power of the Court
not only in the selection of receivers, but
| also in the allowances to them. Heretofore
any Judge on almost any sort Of er-pdrte afli-
davits could appoint any person of his own
| selection to the Ieceivership of any corporation
alleged to be insOlvent or even embarrassed.
And not only could he appoint a fiend or favo-
rite to one such position, but the same lucky
! individual might receive a dozen appointments
| at the hands of the same judge Years ago
favorites often held scores of rcceiyerships and
| references at the same time and from the same
Judge This bill provides foI appointments for
| ten days of temporary receivers, who may be
relieved by the selection, by the creditors of
the corporation or company involved, Of perma-
nent receivers in their stead. The extension of
this power and right to the persons most inter-
ested as creditors or stockholders is as judi
cious as the measure which restricts the option
and power of the Courts. The allowances to
the receivers, some of which granted by the
Courts heretofore have been most outrageous.
are restricted by this bill TO the fees legally
paid to executors and administrators The