The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-11-23
VOLUME Xiv.
Circuit Court stenographers.

AS0AI O0AA
EDITORS CLARION: While the general
and interested attentio Oh of the public was,
for the past several months, fixed on mat
ters Of State polity, which have now been
decided, this article would neither have
been read with patince or attention. except
that a glance at the caption would have
arrested the attention of all members of
the bench aud bar who feel an interest in
the perfection Of the judiciary system of our
State. But now ask the more serious at
tention of the bench, the bar, the legislative
members, the litigants, and the people to the
suggestion that court stenOgraphers shall
be by the Legislature created and provided
for in each Circuit Court District.
The benefits to be obtained by the creation
of such an Office to be incident to every
Circuit Court in the State will be obvious
to all familiar with the subject, upon a
cursory examination, and to others upon
reflection
Photography and Stenography, or Tachy-
graphy its synonym, all simply mean quick
writing. One system may be superior to
the other, but the purpose of photography
and stenography is to give to person not
hearing the speaker, the exact language
used-the erpIodents, the huns, and stops,
the sighs, the groans, the fervid CALCULATIONS
of the speaker. By an expert stenographer
all this may be done, and the language and
every utterance of the speaker may be
exactly and precisely given to one who
never heard him; and somewhat of his
manner even may be correctly judged by
one of some experience and ordinary OBJ
servatiOn.
Oftentime much injustice is done to a
presiding Circuit Judge where an appeal
is taken to the Supreme Court by reason
of a record made up from memory of the
facts testified to on the trial, called ga bill
of exceptions" and which in the Supreme
Court, Sim mports absolute verify" when most
likely it is absolutely untrue in presenting
to the appellate court the full facts of the
cause Much oftener injustice is done the
party litigant, and oftener still both in
civil and criminal cases are the rights of
civil ltigants wrongly adjudged and
criminals unjustiy condemned to punish.
ment or go unwhipt of justice because OF
the fatal and incurable, false and defective
statement of the procedure as it occurred in
the Circuit Court.
Circuit Judges of eminent learning
counsel of great ability, are robbed of their
proper standing in the profession by the
defective statement sent before the Supreme
Court of the proceedings had in the cause.
Parties litigant are often deprived both o
property and liberty by the defective state.
ment of the proceedings had in the cause
The Supreme Court itself is often not
little embarrassed, and as frequently hesi
tates, how to decide a cause by reason Of ;
defective and imperfect statement of fact
. of what actually occurred in the court o
the Circuit Judge.
BY reason of this defective statement
there is presumption that Circuit judges
and iuries act rightly, when if the true fact
were known, and the Supreme Court, PLACED
as nearly as may be in the position of th
5 Circuit Judge and the juries, the presump
t ton would seem violent and the erro
| apparent
/ fully understand the difficulty of oh
tanning the legislative consent TO annexin!
to each of the Circuit Courts Districts sucl
, an officer as / suggest. That difficult
exists, however, only because of the eXtrem
views of economy taken by some leadin
persons in the State. But l venture tn
e observation that none OF us will baulk a
spending a little money when the interest Q
individual rights to life, liberty and proE
. erty are at risk.
o But it will not cost more than the presen
\ system, or if more, so insigaifcdRtty llttl
: more that none will feel the increase. | sa
= nomore, because the benefit out-weighs tn
s. additional cost, and by sending true an
/ correct record to the Supreme Court, man
. cases will be finally determined, withou
;, further expense to the counties, in ne
ii trials, petit and special juries, tax fees o
% the counties.
r Many States of the Union for the reason
of Justice and economy have annexed
each court where testimony is taken orall
a AS in our Circuit Courts-by acts OF the
o. Legislatures, stenographers as officers OF I'll
. court.
: There being but twelve judicial distrlc
u in the State. A stenographer tor each dl
ID trict for fixed salary OF from $0OO w
$1,000 00 per annum can De uau' AsSuI
ING that he is paid $1,000 90, it is b.
I'd $4,000 90 to the whole people when ofte
r. times one mans liberty or property
of greater value than that is lost. But | mu
Suggest. in conclusion the following prop
a. sltlon:
er lst. Have the Legislature to fix certa
salary to stenographers the payment of Il
Of salary to be paid by each county IN b
district according to a certain ratio.
ne ID Let such stenographer be swo
ed officer of the several courts in which
I'd acts, with certain fee as perquisltes
70 him, to be taxed as costs in each case.
Sd. Make his manuscript or copy thel
N of priraa facie evidence of the facts occurrll
nd in the trial of cause, and when the pre-
.ol ding Judge shall have corrected and sign
." or signed without correction, as bills
lie, exception are now required to be sign
ed the same shall be part of the record OF 6
ul cause and stand for bill of exceptions
ia heretofore provided for.
trust that the main point OF my 81
0estion will meet with the approval OF
IRIS profession, the litigants and the Legislatu
n. and hope that others will express tn,
views on the subject of this article, III ore
ed that the matter may receive due conslde
Ter tion by our next Legislature, u v. u
us