New-York tribune., 1901-04-08

Of justice oioeAiiis
fhth-The bill is sectional 1t applies 70 only
one part of the State. the First JudiciaI nenart.
ment If passed at all II sbouId anrI,, 70 +h
whole State fi'' - ~
SlXth-The bill resurrects an antiouated ,,d,
cial system which was abolished a half century
aso because Of its ineficiency. l mean the mas
'is ol chancery. who in the early part of this
century were appointed by the chancellors as
Ie1erees in certain actions This system resulted
~ 'he generalization OF the bench and in va
nus o'Aer abuses 1t was abolished when the
original code of procedure was adopted
SeVenth-The bill provides for sinecures for
the twenty lawyers appointed for references
eIhaPatng from the City Court, since not half
mat number is required
WHY MEASURE Is A BAD ONE.
The sentiments voiced by Mr. Davis were
i"und to be the opinions of other members of the
legislature, who did not wish to be quoted. One
said:
,i,l,,o oeneNe the bill is bad one. since it
ilnueS the trial of cases before referees which, I
believe, should be tried in court I think too
much OF the work of the courts is now shoul-
day.
The bill, amended. does not. as it provided
dents of this State.
II is said that the bill was brought to Albany
last year by prominent Republican politician
and handed to Senator Ford. for him to intro
duce. The senator is also said to have refused
10 stand sponsor for the bill Whether not
the bill was brought to the legislature this year
by the same man cannot at present be learned.
FULL TENT OF THE BILL.
The Ellsworth bill is in the following form be-
fore The Senate:
Section /. The Appellate Division of the Supreme
9ourt. in the First Department shall. between the
and appoint twenty attorneys and counsellors at
r@e 40 oTf Ta d pe Known as reIerecS OF tne Sr
Of New-York and twenty such attorneys and coun-
the city court Of the city Of NeWNYork. Each per-
son so APPOINTED snail be an attorney orr & and Goqh.
practice Of the law in the First Judicial Department
stoTney and s co9Gor 1f Within ae tho Rs ea s p
partment for at least years: list Of referees
forthwith signed ana sealed led and fled in the Of
fee of the clerk OF the said Appellate Division and
courts above named shall be signed and scaled and
forthwith fled in the ofice Of the clerk OF each
Sec. . The referees so appointed shall hold
among the referees so appointed shall be hlled by
the said Appellate Division in the same manner as
and subject to the same limitations And the
be placed % Pon the t in proper pc aphabetica oTder
Sec g. All referees hereafter appointed in any
acton or proceeding IN the supreme % Sourt IN the
county of New York shall he selected from the list
OF referees appointed for said Supreme Court and
alphabetical order. All referees hereafter ap-
pointed in any action proceeding In the city
Court shall be selected from the list of referees
appointed for said City Court in rotation, com
menCing in alpha beticai order.
Sec. /. Nothing herein contained shall be con-
strued as preventing all Of the parties who have
nominating q referee, consented TO by all OF them.
in anv case in which they may name referee
referee named therein may be appointed in the
same manner rs heretofore.
Sec. =. Each Of the referees provided for by this
act shall be vested with, possess and exercise in
the hearing conduct OF any proceeding
before him all of the powers authorities and duties
now inherent in referees either by statute rule
Of court. and all Of the provisions of law and
practice existing and in force the time this
goes into effect relating to the powers. duties or
any referees appointed under this act.
Sec. 8. The clerk Of each court named in this act
pnTPoss the Il list f PefereeS eSignaed fGr h
court, in alphabetical order. and shall all
changes therein. whenever any reference is or
oered in any Of said courts. the judge making the
order shall procure from the clerk of his court a
certificate under his hand and seal showing the
name and address of the referee who shall be next
in alphabetical order upon the list of referees
file IN his Office. and said judge shall appoint the
said referee and shall forthwith cause "a certified
court who shall enter in said book the title Of the
action, the name and address of the referee desig
same and the date of the order. Said clerk shall
Immediately, upon furnishing the certificate above
mated therein at the foot OF the list of referees
file in his Office.
with the provisions OF this act are hereby re-
Sec s. This act shall take effect on the first
Monday Of June. nineteen hundred and one.