People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-05-19
not like, as it was incOnvenient.

nave uOne so. Ihe general custom"
Of which spoke might be more cor
rectly termed, the general interpreta-
tiOn of the statute by the courts.
The phrase actually employed" in
section 1874 is the bone of contention.
Unless specially excused, every day
court is in session, the stenOgrapher
has to be present. He is not at lib
erty, without permission of the court,
to 60 out of hearing of the bailiff.
HIS TIME is NOT HIS OWN. 1t is SUBJ
ject to the orders of the court. Con-
sequently, it is actually employed"
Whether he happens to do any real
work or not makes no difference, as
his TIME is as certainly actually en-
plOyed" (Since it is subject to the con-
troll Of his boss as if he did work.
Therefore, he is entitled to remuner-
alton for every day his time is thus
subject to the control of somebody
else. As l understand it, this eQuit-
able rule holds good in all crafts and
professions, and | think 1t will be i'm
possible for any one to point out any
notable exceptions tOit.
This was my contention. This is
what | cQntended was meant by the
phrase actually employed" The
general custom" of the state indi-
Gates that this is the manner in
which the courts generally interpret
it. Mr.. Ray says he never acquiesced
to this view when | called his atten-
tiOn to the matter in the latter part
of 1891. But on various bills his GER
tificate appears in which he has GER
titled to the days | ATTENDED court, "
as he chose to put it, one OF which he
sets out in his letter. If he intended
that | should NOT be paid, as | COD
tended that | should, for the days
ATTENDED court" las well as the DAYS
| "served'l it is entirely incOmpre-
hensible why the days l attended
court" were certified to at all. And
if no concession was made to my view
why did he not absolutely refuse to
certify to any days whatever that !
ATTENDED court" simply.
Legal" means, according to law.
Illegal" means, contrary to law. |
assert that the bills | presented to
the county of Summer were legal.
deny that they were illegal"
As | said in the beginning, it would
be presumptuOuS in me to assume tC
instruct an able and learned Judge as
to the law. And much less unbecOm.
ing in me would it be to presume to
criticize acts lat all events a disagree.
able task of Mr.. Ray in his judicial
capacity; for, as far as his acts as
judge are concerned, | have always
believed that he has been actuated by
the highest motives; and that, in ren.
dering his decisions, his sole desire
has been to do justice. But should
become so bold as to attempt to dc
so, it would be simply for the purpose
of calling attention to the liberal
method of interpreting one part OF
the law relating to StenOgraphers as
compared with his present contention
for narrow Interpretation of anOth.
er part, viz: Section 1874, which ]
have just discussed. The section tC
which | now refer reads as follows:
1971) EXAMINATION: TEST. NOper
son shall be appointed to position Of
official reporter of any court in this
state without first being examined as
to his competency by at least three
members of the bar, practiCing in
said court, such members to be desig.
mated by the Judge of said court
The committee of members of the bal
so designated shall, upon the request
of the judge of said court, examine
any person as to his qualifications
whom said judge may wish to appoint
as official reporter: and no person shall
be appointed to such position upon
whose qualifications such committee
shall not have reported favOrably
The party examined must write, il
the presence of said cOmmitte, at the
rate of at least one hundred and fifty
words per minute for five consecutive
minutes, upon matter not previously
written or known to him. If he pass
such examination satisfactorily, the
committee shall furnish him with q
written certificate of the fact, signed
by at least a majority of the member,
of the committee, a copy of which
certificate shall be filled among the
records of the court in each Judicial
district.
Ordinarily, the phrase ''l5O words {
minute for five consecutive minutes
means just what it says at all time.
and under all circumstances. But il
Sumner county it does not alway,
mean that. At times it has meant
any number less land some will in
wardly add, a great deal less. The
times were when Mr.. Rays step-sor
has assumed to act as ''Ofiicial stenOg
rapher." This young man has never
to my knowledge, succeeded, before
any of the committees examining
him, in complying with what l should
say was the most imDOrtant rpauire.