New-York tribune., 1902-12-15
REEnRn IN THE COURTS.

We hope that the counsel OF the CON-
now investigating the delays III the ioiniiii
tion of Justice in this city Will make thoiousH
and detailed exposure of the abuses oi the pi'S.
on+ nrocedure The commission can wei
offord the time TO have the definite facts placed
on record The temptation in dealing Win thi'
nroblem is to handle ii with well padded sioNeo
to make general recommendations Whlch VIII
not hurt the feelings Of judges VINO fall I'LL Lheii
duty or injure the vested interests oi i""!i
Who are accustomed to present conditions and
in q measure profit from them IheFe IL ho
,,ee6 of investigating to reach the general con-
rlusion that il takes from three TO hVe years
70 secure the determination of simple civil
action that the referee system is expensive
and cumbrous and that the administrator
of iustice is so near complete breakdown
that q man can often better afford 10 let nlm-
self he cheated out of his rights than 10 at
temnt their maintenance in court He may De
driven into bankruptcy before he can collect
simple and Just claim from creditor VINO de-
fends merely to put off payment His cnlidreh
may starve before they can secure tne pehenl
of his estate. All that is known. ana III IL gen
eraI wav the reasons for it are known, but 10
acknowledging reform will he secured untii
tho snerifc abuses are so clearly put before
the public that the commission need have no
fInidity in going at the heart Of the ditncuity'
and that those who profit by the present abuses
viii have no standing as opponents OF radlcai
measures.
Efforts hitherto made TO reform the referee
svsten, have been denounced as political grabs.
Suggestions for changes to secure more rapld
and efficient work by the courts themselves have
been resented as wantOn attempts to make
the Judiciary subservient to the executive pow
c+an fnr hetTormput has aroused
partisan prejudice. Now let the defects OF
present procedure be so laid bare that factious
opposition to reform will be silenced- In an
other column glaring instances Of delays are
noted. We hope that the commission viii show
more of them to the public. and show them in
definite form, telling who does the bad work
and how bad it is: for we are persuaded that,
faulty the system may be, good deal OF the
fault is with the individuals Justices are
easygoing and tolerate practices which they
have power TO stop, and ought TO stop and
referees for their own purposes delay cases
outra geously simply because the courts allow
them TO do so instead of rebukng them and
never again giving them appointments The
atmosphere here is one Of delay and liberation
of abuses. 1t is not so much the fault of the
law as the lack of the right spirit the
bench and at the bar. This has been specially
have been VIGOROUSLY and scandalously slow
and uncertain in comparison with those of
New-Jersey, and the conduct of important cases
by judges from out of the city. Ike Justice
Lambert, has shown that judges with the
proper grasp of their work and firmness in
holding lawyers strictly to their duty can rem
edy large share OF the prevailing difficulties.
1t would be interesting to know how many
cases of similar character Judge will dispose
of here, in New-Jersey, in Massachusetts, in
Illinois and in England during q given period.
Perhaps We need more judges, but it is to be
feared that they would be only a temporary
relief so long as the frightful wastes OF time
are permitted, and SO long as vicious systems of
allowances put a premium on delays on the
part of~both referees and lawyers. We hope
that the commission, therefore, will not be con-
tent TO provide new machinery to do a little
more work in the old bad style, but will take
measures to make impossible continuance in
the old bad ways of doing business