New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-16
~ INNPPORTENE BILL.

4 bill is now before the Legislature that pro-
poses radical change in the system Of judi
cial rcfcrccships in this city. 1t provides for
"A specified number of official referees ap-
pointed ut stated periods. for definite terms by
the Judges of the Supreme, Common Pleas ami
superior courts. All contested cases in which
referees would now he selected by the individ-
ual Judges would. if this bill became law.
necessarily be- sent 10 one or more Of these
official referees excepting where the parties
agreed upon another referee. Each Of these
officers would receive a fixed salary. but would
have imposed upon him the duty to collect the
legal fees from the parties and to turn them
into the city treasury
That there are some hardshipS and some evils
connected with the existing referee system. no
one familiar with the facts will dispute. That
some new method may be devised that will be
great improvement upon the present one
will also be- generally admitted. and by none
more readily than 10y the Judges of the higher
courts who know from personal observation
and experience how bad are some of the fruits
of the plan under which they are now com
PEELED To work. But the old should not be abol-
ishcd unless there j. reasonable ground To be-
licvc that the new substitute will In reality
work the reforms desired. And we are com
PEELED 10 say. after Il careful examination Of
this BILL that good as are its evident purposes
il will not meet the expectations Of those who
are advocating its passage. and we do not
think il should become Il law II would be
easy 10 point out it's inherent defects such, for
instance rs that il is creating a special sys
TEN for this city and excludes the remainder of
the State. that il would still be open to the evils
nriSu. from the great cXpcnsr of references
10 poor slliiorS. and that it would deprive the
Judges Of their present discretion 10 select in
special eases those lawyers rs referees who
are known 10 be particularly fitted to pass upon
the questions involved
I;ul there Is one consideration. stronger than
any or all the others. that should be sufficient
4, dispose of this bill for the present session.
at all events The Constitutional Convention
will meet in a few months. There i every
reason to believe that it will greatly change. IL
not radically reform, the judicial system Of the
State II may even abolish one or more Of the
courts. tho Judge, Of which are here authorized
10 unite in the appointment of the official
referees The existing powers Of the courts
I'm the appointment Of referees ami the workings
Of the system will doubtless be- thoroughly dis
cusscd and perhaps regulated by constitutional
provisions. I'm such circumstances II would be
extremely unwiSc for the Legislature To impose
upon this city an entirely new plan Of referee
ships. only To have it abrogatcd by the new
Constitution. Let this bill wait then No harm
can come from the delay. II will he time
enough To- take IT up next year in the light of
what is done by the Constitutional Convention
and Of the discussion Of the question that is GER
tain 10 arise i'm the meanwhile