New-York tribune., 1896-06-05
CITY COURT REFERENCES.
EQUAL. POWER WITH SUPREME COURT IN
THIS DIRECTION NOW.

AN AMENDMENT TO THE CODE OF CIVIL PRO-
CEDrRE WHICH GIVES THE COURT POWER
TO COMPEL CERTAIN IITIGANTs TO
TRY THEIR CASES BEFORE
REFEREEs-A RADI-
CAL. STEP
Lawyers in this city were considerably surp''SoN
bv the announcement, which did not seem 10 De-
come generally known until Tuesday, that 'he sum
newer had bosn conferred upon the NewYork City
Court to appoint referees In cases pending before
as has been heretofore exercised by the oup'oo
Court The bill giving this additional power 10 t"e
City Court introduced in the Legsia'uie 's
Assemblyman Page, and was one OF the p"''" -
now laws signed bv the Governor on May 70
1t is contained in Chapter e54 Of the laws Oh "ie
present year. and as ii appears on 'he s'"'" D,,
merely amends Section $3.50 of the Code Oh C''
Procedure bv adding sentence providing that Sec
tor lob of the Code shall be applicable 10 'ne wy
Court of New-York This latter section is 'he o"e
giving general power TO the Supreme Court 10 APP
point referees hcar and determine ac''ol' anu
special proceedings in the cases therein speri"eu
The amendment leaves Section 3.lGO In misleading
condition The heading of the section reads: ger
tain Sections Inapplicable 10 the Court. All Vi 'e
section as II has stood before the amendment mere's
specified sections OF the Code which were III l"V''
inapplicable to the City Court. and all OF o"pui-
vision ! Of the section as II stands aiier '"e amen"
ment still relates 70 that SUBJECT. bu' 9"V''
ditional subdivision numbered two. has been adueu'
IN the effect that Section lob of the Code snail De
rc applicable 10 the City Court. and apparently 10
change has been made in the heading OF the sec'on'
LAWYERS DIFFER ABOUT 1T.
iv Lawyers differ to the advsabiiity oil 'his vs.
ro laton and litigants as rule disiiKe tne 'e' VI
8, references. Law a somewhat expensive iuN"''
az in any case and clients seherany 10 "o' "e , ~
have their cases taken out Of the court proper anu
I hoard and determined in some lawyers once "he'e
=, the dignity of the court lacking Not only DO 'hey
have this feeling the first Instance but %hsl @ '.g nr
500 when the trial In would only cos, ~ Oi
s25 actual disbursements i ior ist sSus and rage
The worst feature Of it is that II ,an Is ~ his
successful party who has to oea and ' take up the M
eraes report Usually the referee exacts stlpua ,
ne % Maid Wien this is done and those who have en-
tered into the stipulation fail TO pay the iess she
are guilty Of contempt of court and can be puhs"ea
happs4qs that 6ref, ee PaIdE Padsmn tG 's
of doubtful financial standing and IT. is ssrlUnS Sm
ns noccei Nevertheless the successful party
generally 10 take sp ns apBRSr' BEFORE sa
can find out whether not he can coiiect MS Juus
msnt.
ABUSE OF THE POWER
Then again. the cases not so rare as they
ought 10 be OF gross abuse OF the power conierre.
on the referee and serious scandals sometimes come
on. in connection with these proceedings. Ihe re-
lief of a person who has been injured by the o'
honesty Of referee does not appear to be ciedr' \
recent case where OF the high appeIiate co"'''
get aside the proceedings before referee ana or
dered the removal OF the referee. will probably be
recalled II Judges on the bench had been guilty OIL
the misconduct of referees In cases @ @Wnlon nay he
,0 re Within the last ve six years the
judges would have been tSe Feck scandal was
mainly due TO the fact that refeerce was oruerei
in the @ auey s4H some s Of hose who took
in the affair punished ana ne SupIeihhe me tDu, ,
be In that particular case but the rule had practi-
sally Ser no esi issn on vdre The rule simply
that in actions for absolute divorce where e,d no
ence could not be ordered Thus the case as. mus must
be held ray IN GPen han ana reference was
ordered The Court has power IN n smJh doST bu.
r. that course is taken and imposition is prac-
tised IL is upon the Court alone.
ARGUMENT IN FAVOR OF REFERENCES.
or course the argument in favor of references Is
that they allow speedy determination OF acuohs' In
sheory at least and relieve the courts at the same
time. If there were no other considerations 'hah
that II might be enough to Justify the new law IN
reference to the City Court. The calendars in tmnat m
tribunal are getting almost far behind as those
IN the Supreme Court apd it sometimes becomes
necessary to wait more than year Deiore ,1 eaIt
there is no reason in law why should be preferred
or placed the special calendar for the 'ria' o'
In view however the origin Of references this
has heretofore been placed on the statute books,
The referee system IS continuation OF tnT f
under courts Of chancery courts or equity OF AP-
pointing in chancery II is often sara 'ha' @
the Code has done away with the distinction, De o
!, hsa. in name But the could change the
tinction between actions at common aw and suits
in equity just clearly recognized ey the oencn
classes of heard in courts Of hoSe re-
spfS ever sncs the cSange WAS made
to have courts designated special terms & as dsn
ussd from trial bsra bv 70 son Of ehancey and
courts OF equity
JIrRIsDICTION OVER COMPLICATED CASES
These courts always had Jurisdiction over cases
of complicated nature, in which 1t would be i'm
possible jury 10 remember the evidence WIN
enough cearness to render intelligent verdict
particularly where trustee was one of the parties
N the litigation and the trial involved the examina
ton OF a long account: In such cases master IN
,hs details With more deliberation and thar
was usually possible before the court without un
Oficers such as masters In chanceIy. or referees
no no PSr S that 0' the sep
Considered a very radical one. The City Court i:
iseupsr r e1pscay nHs In provided BY statute that ha
exercise any equity powers. except in cases Of inter
cedes that some one be sides himself has :c TO th'
property which is the subject Of the action, bu
|. lite to ii. Whereupon the original defendant de-
posts the property In court ana tnose VINO ca ian
out the question Of title among thsmselves V WheI
Sscnmer a bS force o4 law suit in equity suci
aOWsvsT form % 70 1or considerable part of h
&c This tribunal has aways been consdered purely
% ss a% tSs Gt long sp 5as besn taken
4a direction never before travelled by judicial tr.b
ns and he resT, Will s BE wssd . o by Te np,
from fear of the result