New-York tribune., 1901-06-09
O'BRIAN'S BILL AS REFEREE
SHOWING HOW THE COST OF LITIGA-
TTON Is SOMETIMES INCREASED.

The manner in which some referees increase
the cost Of litigation in the courts is shown in
the case Of Martin O'Brian. whose report as
referee in the case of Dickinson against Earle
has met the dsapproval of Justice Freedman in
the Supreme Court Charles c. Dickinson was the
assignee of creditors of Eugene NJ and William
P. Earle, owners Of the Hotel Darlington here
and the Hotel st. James in Richfield Springs
and brought suit for services after the creditors
had been paid O'Brian. who had come to this
city from Ogdensburg, was appointed referee in
the by Justice Kel'~g who was sitting in
the Supreme Court in this city May 26, 1898
O'Brian's report was in Dickinson's favor and
allowed $1,000 TO Dicknson's counsel. OBrian
charged S5,1S0 for his services as referee or $50
q day for 259 days, in which he took testimony
or considered testir my that had been taken
Counsel for Eugene NJ. Earle moved to set
aside the report. and produced -~oof that
O'Brian had made an arrangement by which, in
addition to receiving fees as referee, he also
to receive $500 out of the bill of the stenog-
rapher who took the testimony in the case At
the hearing on the motion there was produced
letter which the referee had sent to George A.
Haynes. the stenographer. reading follows:
My Dear Haynes: Congratulations Am damned
correct as to indorsement. make s1$7 foios at
s25 s Send me cb so nafe a+ hId m GG Il; toor
row morning. Yours sincerely, NJ. o'BRIAN-
In granting the motion to set aside OBran's
report, some days ago, Justice Freedman said:
There can be question but that this litigation
has been long, costly and VeXatiOus, that
trial will delay and additional expense. but
all the reasons urged by the plaintiff grounds
for refusing grant the relief asked for by this
motion shrink into comparative insignifcance when
consider the other side of the question. Here
is a officer of the law, who stands pro haze
vice as judge OF this court and makes bargain at
the beginning of q case with the strenographer for
a share OF his fees be paid for copies of the
testimony. That such agreement constitutes
wrongdoing the part of the referee, tends to un
prolOng the reference, contributes toward the
admission of irrelevant and immaterial evidence.
casts suspicion upon the fairness and impartiality
of the referee and is fraud and an imposition
upon the parties needs no argument such a per-
nicious and vicious practice cannot be permitted
go unnoticed. The reservation of secret profit
by one who occupies trust position is recognized
as an act of fraud, not only by The courts, but by
all known standards of honor, and the court can
not afford to exact lower degree of fidelity and
q lesser standard of honor in one of its officers
who has been authorized TO sit in the capacity OF
Judge merely because it will create additional eN-
pense by a refusal TO indorse such behavior.
Justice Freedman at the close of his decision
Eays:
To sustain this judgment would be equivalent TO
notifying every referee that he is at liberty ny eN
tortionate demands and secret reservations to en-
rich himself at the expense of litigantS. The re-
lief asked for by this motion is granted