New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-06
REFEREES AND THEIR COMPENSATION
an ARGUMENT FOR IHEIk TA9NINI ID IIIT7
STATE INSTEAD OF BY THE Sue
CTSSFUL LITIGANT.
70 the Editor Of The Tribune

To the Editor Of The Tribune.
Sir: VIII you allow me 10 call TIM attention OF
the Solous who ore wintering at ALBANY 10 an eVii
that manifestly exists in our judbia'y system-'he
compensation Of referees. to whom, by orders OF
Court are sent the tEals Of large proportion OF
our actions and special proceedings?
A Judge In the Empire State draws his $72O or
Rs SO 90 from the public funds-that is. taxpayers
pay 40 htigant pays. litigant The admin
istraton oc justice is free-absoiutey free-so f~'
as the presiding officer Of the court Is concerned
But Dr. Depeyv or Ambassador ChOate could hard
" explain 10 traveller from the Philippines why
referees in the same courts are not pad III ''e
way.
referee IS judicial officer, performing the same
duties so far as the matter submitted 10 nm IS
concerned as the Justice appointing MIN Inc "c-
ton or special proceeding continues TO be what IL
was prior to the reference. governed by the same
rules and statutes,and principles We all recognize
the fact that the referee fills the Judges seat IN
that court and 10 that case just as fuIy as he
knows how So far as the referred controversy l.
under his order. he Is absolutely Juose OF ue
court wherein il originated-prO TEN. as 10 the
trial and pro ta1to TO the issues involved
Judgment is entend on his report as on the de-
cision OF Judge and is enforceable or appealaD.e
precisely as II would have been had the trial oc-
CURED in a court presided over by d judge instead
OF a Judge called referee
Now. why should referees not be paid exactly as
State county or dist1lct where the 1u'iS"lV"O" %
the Court extends?
But there is another'sufhcient reason tor aihehu-
ing the law The referee now has lien on MS re-
port for his fees and Is required to deliver II
until they are paid. Such payment VIII be MADE
by the successful ntigant almost Of course and ne
will tax them as part Of his costs ana put them
among his disbursements when he enters judgment
He may recover them or he may not All depends
on the financial condition of his adversary. Iicie
is no reason, ana can be none, Tor requiring MN
who succeeds because he was right ana Inc Oti.t
fellow was WrOnE 10 pay the Judicial oihccl VITO
head the case and decided il per dicin Tor ms
services lie WINS. prcsumptvey. VINO ought 10
win and must ergo. pay the Court that was com
nelled bv the facts and the law 10 dtclde ~ ms
favor, He emitted TO WIN, ana tit r. 'I''S
must so report violate his oath ana all inc
maxims of his cult nevertheless the just man must
nav the minister Of justice and the WlcF'd man
escape. Even a worse case may arse. Nnele S"sts
are discretionary. for there the temporary court
may grant costs to either party or ID h,ithcl' nu
the party taking the report must pay the ices ust
the same and not have even d rsh1 10 Try 10 re-
The fact is that referees fees are a relic OF NE
Dark Ages We pay judges as VIZ do our GOV
errors and Presidents W ny should Dol me rTicee
he so paid? He i the judge as muc1 as INC Juusv
matter referred are concerned, ana II Is me uu'N
of the State furnish all necessary Judlcldi lorc
gratis for all trials. Considered funbtne MANY no
reference OF "a action or ~pecla p!occ'-itS V' 81
10 he advisable necessary or pOsslbe. ne
state should furnish sufficient judicial ioTe Tor me
performance Of all judicial duties mace essential
by it's civilization. That is part o. the ou'Ies u
The draft judiciary law 10 be submitted to the
LEGISLATURE OF 1899" and recently submitted 10 the
bar of the State indicates that now Is the dcCeP'eu
ume LOT S"ss'S'''''' ELIHU MASON MORSE.
Canandaigua, y. Y, Jan. 80, 1899