New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-15
fight against him. They are hard to handle? A


lieved from this system Of judicial appointments and
from patronage. as far as it is practicable TO relieve
them? Aft had the power to enact judicial
system, the points which would first endeavor
TO accomplish would be 10 make the judge as aoso-
lutely Independent possible. by giving him rea-
sonably fair salary. and as long tenure OF office
could be done: and TO remove him from any pos
sible temptation do what he might not otherwise
think Of doing. by eliminating from his power every
possible idea Of patronage.
Mr. Moss-That is as far examine
The Titness-I would say that is ideal object
TO reach.
Q.-An ideal object? Am ideal object. How
you arc going to get II. long human nature
remains as ii is. don't know
Or. OSullivan-Mav ask a couple Of questions
just want to get little more light on some mat
The Chairman-what question would you Ike to
Dr. Osullivan-I would like to ask Mr. Peckham.
iect OF referees and ncorruptibity of lawyers and
judges. whether the formula he has prescribed now
which was that Of high salaries and long tenure
The Witness-Not high salaries but appropriate
q. (o'sulivan)-Good large salaries? A.-salary
enough 10 make Judge independent
whether na ha M has nsnTed 10 of Judges
/ in ether countries. where they have used exactly
ure? AM think there has been very cry great i'm
/ provement. almost inestimable Improvement in
the of the judges in England since their
| tenure was made one OF good behavior There is
/ no question about that
OsULLGvAN SEEKS LIGHT
| Q-But is incorfuptibility consequence of ex-
actly that formula? Aft you mean a necessary
consequence. II is not.
Q-You suggested that you would relieve the
| judges from their present temptations and thought
they would be benefited thereby. then you say their
incorruptbility would he improved. and that you
would remove all their temptations? Al say it
would have a large tendency to relieve them from
temptation.
/ Q.-T asking for information Mr. Peckham.
/ What would you suggest TO how referees should
| be appointed? A-Now you asking me- at Il
moment when have given no thought to the mat
ter and haven't the least idea what would be asked
about. TO suggest to you form Of Improvement in
things. and ii is pretty difficult to do II right away
ready Sa that INK the taking w"a away r6m a.,
Judge Of al patronage would be benefit and re-
lleve him from any pressure TO do what he might
Gas ! understand your position, you would aim
were the power power TO aPpoin, referees and take the
temptation. You can't remove the power. A judge
may say; y win decide so and so for. so. much
way on the face OF the earth but If you take ca re-
ths; no Q. one offers him money he will not be cor
yp!H may say that any man who has moderate legal
Judge You put that judge Gnder temp emp
tation the more you give him the chance of being
temptat tons you can get and he may be bad
Judge in spite o., all the reforms you make /
Q.-Do You to your own knowledge. know Of any
patronage 10 the extent Of Being corrnpone sin, ms
gle Judge? Al know things that done in this
other than that in some way there is some under
standing by which the men who benefit contribute
I OWN you be a little more definite on that?
Ain what way?
TOO GREEDY APPRAISERS
Q.-More specific to what you mean You have
made rather general statement: # is a failure to
] i have civ
mere impression; have not examined into IT, 7
only something of it. will give YOU as an
/ instance the appointment of appraisers In the Sur
rogates Office. ] find appraisers the same men
generally appointed. | find the appraisers in
every single instance, wherever they can, dema nd
ing a very much larger than the statutory
dues. l find that they take IL II they can get H.
/ and II they cannot they go without It, without any
trouble. l find regular set OF continually in
all cases. appointed all the time. and constantly
! constantly demanding very much more than they
ought TO-; The thing is not pleasant to me. 1t sug-
| Q.-Do you think the best way 10 remove such
pSsss do be to have seso o Sdsfs Of their
whom will not t., name If you viii permit me not to
that had no idea that could not understand d', or
comprehend, the tremendous pressure that was
brought TO bear upon him to do things that he did
o-is it an infrequent or a frequent occurrence
lation by the parties Interested? Any impres-
sion is that In certain class OF a referee
be appointed by a stipulation, but there IL an
other class Of cases, where infants are involved
where the judges will not appoint upon the nomi-
I nation OF any party 10 the record.
Mr.. Moss-That is the ordinary class Of business
isn't IL? Alt is the ordinary class of business
/ Q.-There are relatively few cases where referees
are appointed by consent? A-Pretty much all
! cases where there is litigation, where there is a
contest. the referees appointed by consent and
referees who arc not appointed by consent are
! those appointed In foreclosure proceedings and
similar cases.
appointed by the OF both parties. are they
not2 Al have no doubt of II. don't have many
| OF them myself
Q-You mentioned something about the assess
ment levied by political parties on Judges after
nomination. Doee that obtain as TO both parties :?
! Al have no doubt about II. SO far as know. II
! Is equal In both parties
] Q-You realize. do you not. that there fs q nor
mai if~-n OF expense attached 70 elections. which