New-York tribune., 1901-04-08
REFEREE BILL DANGEROUS
SUPREME COURT JUSTICES THINK IT
UNCONSTITUTIONAL.
REPUBLICAN COUNTY COMMITTEE SAID To
BE IN NO WAY RESPONSIBLE FOR
IT-WHAT \ FEW LAWYERS
EXPECT TO GAIN.
EXPECT TO GAIN. 4

IT-WHAT \ FEW LAWYERS
EXPECT TO GAIN.
The Republican County Committee IS in no
way responsible for committed to Senator
Ellsworth's bill for the appointment Of stand
ing referees said we'll informed member OF
the executive committee of the County Com
mittee to a Tribune reporter yesterday
Who is behind the bul?" was asked.
"A little coterie of lawyers" the reply,
and the committeeman named a few lawyers
who are known Republican politicians. but
do not hold places of influence in the Republican
organization of New-York County.
What do they expect 10 gain by the passage
Of Senator Ellsworths bill?"
Some Of the patronage in the appointment of
referees that they cant get from Supreme Court
justices who are affiliated with Tammarry Hall
The bill provides for the appointment of twenty
referees for the Supreme Court and Surrogates'
Court in this county. and they think the justices
Of the Appellate Division in making the appoint
ments can be induced 10 name at least ten Re-
publican lawyers There are seven justices in
the Appellate Division. and only three Of them
are Republicans but there may he change on
Nav l. The bill provides that the appointments
shall he made between MAY l and May 10"
rs the hill q be passed by the Ieg'slature?'
1T NAV he passed hut Governor Odell proba-
bly, will veto it. because he will know who is he
hind IT."
The reprinted copies Of Senator Ellsworths
bill bear the statement that the bill has been
read twice in the Senate. referred 10 the Com
rnittee on Codes amended ordered reprinted and
reported favorably to the committee of the
whole. It IS entitled AN Act providing for the
appointment OF referees by the justices of the
Appellate Division OF the Supreme Court for the
First Judicial Department" II IS a mandatory
bill as already announced. directing the APP
pellate Division TO appoint twenty lawyers as
referees Of the Supreme Court and Surro-
gates Court and twenty lawyers as ref
erees OF the City Court in the judicial district
embraced in New-York County alone. The
clerks of the courts are TO enter the names of
the referees appointed IN alphabetical order
and the references emanating from the courts
must be given to the referees in rotation.
NEXT ON THE LIST.
To make sure that Justice of the Supreme
Court shall appoint referees in rotation the bill
provides that whenever a reference is ordered
the justice shall procure from the clerk of his
court a duly signed and sealed certificate show
ing the name of the referee next on the list
Then the justice must appoint that referee and
the clerk must make entry of the order of
reference. with the name and address of the
referee. Then the clerk must Immediately place
the name of that referee at the foot of the list
file in his office.
Some OF the justices and clerks of the courts
have said privately that the method prescribed
in the bill is unavoidable and preposterous An
order Of reference is not made until it is entered
the record. and several references might be
ordered by justices in three four parts of the
Supreme Court about the same time 1t would
he iron SSih he to
proper rotation of the referees to be appointed
While the Justices of the Supreme Court will
not give public expression to their views re-
gardng Senator Ellsworth's bill at present it is
known that they believe the bill is unconstitu-
tional and therefore dangerous If the bill
should become law it is probable that some one
Of the justices to test its constiutionaity would
appoint referees not the standing list A
prominent lawyer of this city who has occupied
a seat the Supreme Court bench said yes
terday a Tribune reporter
Senator Ellsvorth's bill is intended to take from
the Justices of the Supreme Court in the First
long had in the appointment Of referees Tbase Iase
powers cannot be taken away by the legislature,
because the Supreme Court and the legislature are
coordinate branches OF the State Government and
one branch cannot interfere with the functions OF
the other branch, Those powers are conferred by
the State Constitution reaching back to Colonial
powers of a Supreme Court Judge cannot be linn
tied in the aWppointment app Of referees Some Of the
have what is termed patronage taken away from
them. They annoyed by politicians who run
after them and solicit appointments OF referees.
At the time the Justices of the Supreme
Court could permit the legislature to take
from them any OF the powers given by the State
Constitution. There can be doubt that Senator
Ellsworth's bill is unconstitutional.
NO ONE TO SPEAK IN FAVOR OF 1T.
Reporters of The Tribune. who have made
many inquiries. have been unable to find single
prominent lawyer of the city, Republican or
Democrat, who will speak in favor of Senator
Elsworth's bill. The Bar Associations commit
tee the amendment of the law is known to be
unanimously opposed to the bill. The committee
sent to Albany protest. giving for op-
posing the bill, and Charles Bulkley Hubbell of
the committee. went to Albany to speak against |
the bill at the hearing. r. Burnham Moffat, a |
member OF the committee, said to Tribune re-
porter that the bill was absurdity, but 1T had
been introduced in the legislature two or three
years In succession The Bar Associations COM |
mittee had opposed 1t each time and until this |
year the bill had died legislative committees
1t had been supposed that the bill was intended |