The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-25
TO CUT DOWN FEES.
A Plan to Reduce the Costs of
Appeal.
;uIT OVER A BEER LABEL.
Tug Wasp Runs on Hidden Piles and
Causes Law suit-Suft for In
fringement Of Trade Mark.

great deal OF interest is being taken by the
attorneys OF this city in the meeting of the
state Bar Association at Tacoma, on Thursday.
They are studying up many points for discus
sion The impression is general that the meet
ing will produce good results. Attorney John
e. Humphries made suggestion yesterday In
regard TO the simplifying OF appeas from the
suuerior courts TO the supreme court of this
state In speaking of the matter to Posi-
rsrgIIsssscER reporter, he said:
.The legislature should provide that when an
snneal il taken, the original judgment roll
should be certified instead OF q copy thereof,
together with the original statement of facts
and exhibits. and when the case is finally deter
mined In the supreme court, the original papers
shoud be transferred back to the county from
whence the appeal was taken. In all causes
where an appeal to the supreme court is con-
templated, shorthand reporter should be APP
pointed by the trial court 70 take down the evil
deuce introduced and the instructions By the
court, with the objections and excep-
tons, and the documentary evidence
should be properly identified in con-
nection with the paroI testimony. The
shorthand reporter so appointed should make
typewritten transcript OF the parol testimony
and instructions, properly identifying the
documentary evidence; and the transcript of
the parol evidence and instructions, together
with the documentary evidence and such objec-
tons and exceptions are brought into the
record by bills of exceptions, should constitute
the statement OF facts The original documents,
bills OF exceptions and the typewritten evidence
and Instructions should be certified TO the
supreme court without being copied. The
legislature should provide for typewriter or
printed briefs, and I'm the brief it should not be
necessary 10 copy the pleadiacs A statement
OF the issues of the case, the objections and ex-
l ceptions, with a proper specification Of each
Nerror, should be sufficient
"The trouble at present about appeals to the
supreme court Is the enormous expense which
is incurred in getting the case properly before
the court. The present law provides that
copy shall be made of the whole record, to-
gether with a copy of the statement of facts;
and in addition 10 the expense of procuring a
record, such as the law provides for, at 20 cents
per folio, 10 the rule OF the supreme court which
requires copy of the pleadings to be set out in
the brief, at an expense of 3i.25 per page, which
IA the usual price charged by the printers in Sc
attic. In the case of Ephriam VS.. Kelleher, now
pending in the supreme court from this county,
the briei consists OF l0l pages, of which eighty
pages consist of pleadings alone. At
the usual price the eighty pages of
pleadngs cost 800, and are of no
practical benefit TO any one. In addition to the
800 expended in printing the pleadings in the
brief, the transcript OF the pleadings cost an
equal sum. Had the pleadings been left out of
el0O had the original judgment roll been GER
titled instead of copy thereof, another 500
would have been saved. The transcript OF evil
dence in the case cost something near $40, and a
copy OF the same under the new law would cost
$40 more. By the sending up of the original
statement of facts $40 could be- saved, making a
total in this particular case OF $40. l cite
this simply as being a case in point
now pending in the supreme court
II IL Is the intention OF the attorneys at the bar
meeting held at Tacoma on Thursday to save
expenses connected with appeals, and to sim
pliiy the matter, an adoption of proper resolu-
tons embodying the above plan viii accom-
plish the desired result The present supreme
court hears oral Arguments, and its attention
can be called to each of the pleadngs in the
oral argument the same as the attention OF the
superior judge Ia called TO the pleadings and
facts in the case. There is no more reason why
there should be q certified copy of The judgment
roll, bills OF exceptions, statement OF facts, etc.,
transferred TO the supreme court than there is
why the superior courts should have certified
copies before them. The records can be pre-
served by having them returned to the superior
courts and kept on file.
''There is another thing to be taken into con-
siderauou. Under the present law, in equity
cases, all of the evidence must be transferred to
the supreme court, and great many times the
evidence consists of books and accounts of part
nerships, records of receiverships and q great
deal of documentary evidence. This can be
transferred to the supreme court a great deal
better than it can be copied. The evidence in
the case mentioned, of Ephr!am VS.. Kelleher,
consists OF bank books, bank accounts, hundreds
of checks, bill books and other matter, and by a
stipulation of parties the original books, psners
and other documentary evidence introduced
were transferred to the supreme court instead of
copies thereof, and the expense OF copying was
IL is of sfa
for the supreme court to examine the original
books, notes, checks. documents, pleadings and
other papers in the case than 10 have copies of
the same. When the clerks of the superior
courts received the fees for their services there
was reason why the litigants should coutri-
butte to their support and enable them TO pay
their campain expenses and make good thing
out OF the clerks office, but since the salaries
sre paid by the county there is no reason why
the people who are so unfortunate as to become
htgants should be compelled to pay for unnec-
essary expenses.