New-York tribune., 1901-04-07
THE REFERENCE. GRAB.

1t is somewhat curious that the county Of
New-York when in need of reform in its judicial
procedure should be compelled to get the Ques-
ton before the legislature through a member
from Niagara New-York has Senators and
Assenblymen, both Republicans and Democrats.
VINO might be thought competent TO propose
legislation affecting solely this county and no
other; and when bill comes from the far end
of the State not Of general character. in which
Niagara and ST. Lawrence have a proportional
interest along with this county. but limited in
It's application 10 this community, the suspicion
is inevitable that the convenience Of the people
Of New-York is less considered than the interest
OF somebody whose voice is more potent in
I.ockport than in the metropolis.
Senator Ellsworth has before the legislature
bill to create boards Of permanent referees for
the Supreme and City courts in the First Judi
cial Department. 1t provides for the appoint
ment Of twenty referees for the Supreme and
Surrogates' courts and twenty for the City
Court by the justices Of the Appellate Division.
10 whom in rotation shall he sent the cases now
going before referees appointed by the courts
for each particular case. The new referees are
10 be paid, as are the present ones. by fees.
They promise no reduction of the cost of refer
ences to the people, and apparently the only
result of the passage Of the bin would be the
LAWYERS of the fees now rather widely dis
fributed The present volume Of business in
the Supreme Court amounts to about one hun
dred references week The pending bill would
devolve all this labor. in addition to that COM
ing from the Surrogate's court, upon twenty
persons, and would probably result in serious
delays in the adjudication of cases. II the
twenty could do the entire work they might
all reap fees equal TO the salaries Of Supreme
Court justices but other lawyers would get
nothing.
This looks like bald grab for patronage that
some schemer here has persuaded Senator Ellis
worth 10 look upon measure Of reform. II
IL is good thing here, why not apply II 10 the
whole State? IL the existing method OF naming
referees here is an abuse, II must also be In
Brooklyn, Buffalo. Albany Syracuse, Rochester
and Lockport. where the same system prevails
If one Appellate Division ought TO distribute this
patronage 10 n selected few, others should have
the same privilege. The small cities could
endure this well as anybody else. 1t is not q
question Of saddling new expense on the tax
PAYERS which they could not afford there with
their smaller volume of litigation AS the pay
ments are In fees, the expense would be the
game rs now, and would fall on the litigants
The only change would be the substitution OF a
few men for the large number OF referees
chosen by individual justices. Mr.. Ellsworth
would not dare 10 deprive the whole bar of his
own county OF all references Just 10 give the
fees 10 a handful OF favored lawyers, and he
ought not 10 do here what he would not do at
home Some Republicans may think that the
appeIlate Division with three Republican jus
fices would give Republican lawyers a proper
fioDal representation; but even IL they had half
of the patronage. why should twenty Repubii-
cans be picked ont 10 have these pums while
hundreds Of other Republicans. even with the
Democratic preponderance In orr courts, now
DO get references from time TO time?
Tie proposed reference by rotation might