New-York tribune., 1901-04-07

bill now before the legislature intended 70
change the existing law regulating the appoints
ment Of referees in the First judicial District
will arouse much opposition from Judges and
lawyers Of this city 1t is known as Senate BIZ
No 1922 1t was introduced at Albany by
State Senator Timothy E Ellsworth of Lock-
port. Niagara County. No New-York member
OF the legislature has been found 70 advocate
the measure. but its provisions relate only to
the appointment of referees in New-York Coun-
ty, which includes two Of the FIVE boroughs OF
this city
The bill empowers the Appellate Division OF
the Supreme Court in the First Judicial De-
partment to appoint twenty lawyers who shah
hold Office for the term of ten years. and during
that time shall receive all the references en-
anating from the Supreme Court and from the
Surrogates' Court in New-York County 1t also
empowers the Appellate Division to appoint
twenty standing referees who shall receive au
references ennanating from the City Court dur
Ing the next ten years. Why the number OF rer-
erees for all the parts of the Supreme Court and
for the Surrogates' Court should be limited to-
twenty. while the same number Of referees ara
to be appointed for the City Court. is mystery
that New-Yorlk lawyers cannot understand.
Justices Of the Appellate Division although
restrained by a feeling of professional etiquette
from open criticism of the bill. have disclained
responsibility for it. and 1t is known that soma
Of the justices of the Supreme Court are much
opposed to the measure. A committee Of the
Bar Association filed a protest against the bin
with the Senate Committee on Codes. and
Charles Bulkley Hubber. the chairman Of the
Bar Associations committee spoke against tbs
bill at hearing at Albany.
1t has been reported 70 the Senate COMMITTEES
Of the Whole, however, and is regarded as a Re-
publican organization measure There Is sons
apparent reason for belief that the bill is to bs
tammed through the legislature by a party vote.
SENATOR DONNELLY's OPPOSITION.
State Senator Thomas F. DonneIIy. Of this
city. has opposed the progress of the bill in ths
Senate. He asked the Senate COMMITTEES on
Codes to make the bill applicable to the entire;
State. but the committee refused. He then,
asked TO have the bill made applicable at least
to the entire city OF New-YOrk, and the com
mittee again refused. Senator DonneIIy wheni
asked by Tribune reporter yesterday to give.
the reasons for his opposition 10 the bill. said:
The, bill is unconstitutional. impractcable and
ridiculous, and must have been drawn by one
New-Iork County, relative TO references. In the
year IN New-YorI County from the Supreme Court.
and and during the lasJ three years il mas requiret
while only would be sufncient dispose Of the
Court The pill is InlpracJlcable for the reason
that IL provides that when the Appellate Division
shall have named the twenty standing referees for
the Supreme Court and Surrogate's Court, the
County Clerk OF New-York County SHALL make
alphabetical list of the referees Names and that
the referees receive references in rotation,
that is the clerk must assign a referee who Is az
the top of the list, and Immediately thereafter
put the OF that referee at the foot OF
the list. In New-York County il frequently hap-i
pens that great number OF referees are appointed
the same day. There Is no time stated in an order
of reference other than the date consequently tn6
clerk of the could at least rnanipulate the!
assignment for any given day 1t is also i'm
practicable for the reason that there must be rota
Jon. and il would frequently happen that q num-
Der Of references relating TO practically the same
subject ard the parties, instead or DelnS
assigned to one referee consider would nave To
be split up among various referees in order 70 COM
ply with the mandatory provisions OF the bill.
The bill is absurd for the reason that IL appLeS
only To the County of NeW-GOrk, and not 10 tns
other sixty counties OF the State and thererore We
have law which applies only TO a porllOn OF New
York City. Attorneys in actions where relereeS
would be likely TO be appointed would simply nave
10 cross the river and lay the venue IN h1nSsi
County, in order obtain a referee appointed oyi
the court in the event Of their being unWnlns Ioi
allow one of the jo-caed standing referees 10 aeL3
II is also absurd because IL takes from lne court
the power control the actions OF the re1eree-