The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-16
THE PIONEER REPORTER.
The First Stenographer Trans
acted a Vast Business with
But Few Assets.
Chief Justice Blake's Experience
as q Reporter in the
EARLY Days.
He Moulded Pubic Opinion and Gave
Lectures ON the Art of Writing
Shorthand.

Twsnty-four years ago Chief Justice
Henry N. Blake left his home in Massa-
chusetts for the west. Last Saturday night
he told the stenographera of Helena how he
has witnessed the progress Of their nrt in
Montana. Years ago he made his living by
it. Now he uses it AS q matter of conven-
fence in his duties as chief justice of the
state. When he first heard Of stcnography
there was not an Official stenographer Of
any court in the United States. This was
in the early fifties. The principal use of
stsnographers was to report the debates of
congress- and constitutional conventions,
and the speeches, o~rations and sermons of
the leading men of the hour. The notes Of
testimony in court rooms was taken by at
torneys or their students. He rememb ers
only two photographers, as they were
styled, who had Offices in Boston and ad-
vertissd their profession. The first time
he ever saw one of these persons at work
was when the man WAS performing the
wonderful task of perpetuating the rhetoric
of that type of brilliant American orators,
Rufus Choate. The strange feats of the
short hand " iter did not then attract the
attention which was bestowed upon the in
ventor OF q new wash tub or a sewing ma.
chine.
In 1866 the judge was SO fortunate as to
meet a friend who advised him to GO to
Montana when he was contemplating a trip
to Colorado, and to the land which was
flowing in gold and silver he departed. II
was over fifteen years after his arrival in
this region before he discovered anybody
who had even a superficial knowledge of
short hand Without subjecting himself to
the charge Of egotism, he could truly claim
that during this period he was the highest
authority upon the subject in Montana.
But the little talent he possessed was not
buried in the auriferous sand, but used for
all, II not more, than it was worth. He
transacted a vast business with few assets.
he delivered a lecture upon the art before
the Teachers institute Of Madison county,
and with chalk put his illustrations upon
the blackboard. Judge Blake was the edi-
tor Of the Montana Post, and reported in
1866 the proceedings OF the third Legislative
assembly. In 1867 he was employed to take
down the speech of Hon. James M. Cava-
naugh, who was a candidate for the office
OF delegate to congress. In January,
1867, the judge hung out his shingle as
an attorney in Virginia City. and being
porter of testimony to aid the lawyers who
were blessed with clients. He was not an
expert stenographer, but he was superior to
any other person whose services could be
procured, and succeeded in retaining the
substance of a speech or the evidence with
Ouu OAU EICOASO NOIAb. oOIuctALucSs A6 re-
ceived IN appointments from the court to
report the testimony during trials, and this
is the first record of such an event in the
territory. And therefore, the judge out
rank in seniority all the stenographers of
the state. The proficient members of the
craft we're backward in seeking homes in
the bosom of the Rocky mountains. There
was no demand for their services, and, be-
ing subject to the familiar law of trade,
there was, consequently. no supply.
1t was very difficult to convince the at
torneys that the stenographers in civilized
communities were as indispensable to the
court az a sheriff, clerk .or other officer.
Some of them looked upon thisi improved
system Of reducing testimony to form with
the hostile eye of an artisan who gazes upon
q labor saving machine. They appeared to
think that their fees might be lessened in
the same ratio as the time of a trial, and
there were also conservatives who were
naturally opposed to any change. But the
subject was often a topic of conversation
and inquiry, most of the lawyers who re-
turned from journeys to the states saw the
benefits of shorthand writing and testified
in its behalf, and this influence was first
show in the statutes of the tenth session
Of the legislative assembly of the territory.
The act is entitled, A act to provide for
the employment of stenographers in the
district courts and it was not approved
by the governor. but became a law in 1877
in the absence of a veto. The judge ia
firmly of the opinion that the
executive was one Of the per-
sons who viewed stenographers as the
needless fifth wheel of the judicial wagon.
This act provided that the judge of Il dis
trict court might in his discretion appoint
a shorthand reporter for the purpose of
recording the oral testimony of witnesses
IN criminal cases where either of the par
ties require it, and such other matter as he
might direct. There were then three judi
cial districts within the territory of Mon
tana and there could only be this number
of stenographers. II was not construed to
be essential that the testimony should be
taken in civil actions. and the propriety
ct the litigants. No salary was attached to
the office and the compensation could not
exceed the sum of IS per day. This statute
was of no actual value to the people or liti-
giants and the rewards prescribed for toll
were not sufficient to induce the stem
ographers to come hither.
During the term of three years which
succeeded the passage of this act, the chief
Justice was one of the district judges of
the territory and was never approached by
any candidate for this public trust. He
WAS extremely anxious to find the incum-
bent for this place. but it was one Of the
rare instances where the man did not seek
the Office. and the office did not look for
the man. There vas no substantial I'M
plovement in the situation until an act was
passed authorizing the appointment of
stenoRraphers by the district courts. This
WIS in March, 1887. A Judge of the district
court was empowered to appoint a stenog-
rapher for each judicial district. The sala-
~ was $1,000 per annum, and this officer
WAS required to attend all the terms of the
court and take full stenooraphic notes of
the testimony and all proceedings in the
trial of every cause. Even thDn efficient
shorthand reporters were rarely &c.
cured and many complaints were
heard from attorneys whose clients had
suffered through their Ignorance and
blunders. At the extraordinary session of
the legislative assembly, in September, 1887,
this act was amended by an increase to
S1,50O per annum. In March, 1889, the
stenographers received again the most fav-
orable recognition, and their salaries were
fixed at 8 1880 per nnu Additional com-
folio is allowed for the COPY of testimony in
civil cases when demanded. This is the
substantial condition of the laws Of the
state regarding photographers at the pres
ent time. Speaking of the condition of the
courts of the territory about four years ago
and the number of cases which were tried
before and since the first day of January,
1887. the judge said the saving Of real time.
which has been accomplished by the labor
of stenographers. paradoxicul ma the remark
may appear, aggregates many years. He
can enumerato many Causes. tried ten. fif-
teen or twenty years ago. which occupied III
the hearing of the evidence two or three
weeks. In fact, this WAS an ordinary event
in the litigation of the Janitorial cnnrts