Pine Bluff daily graphic., 1902-05-09
Mr., MURPHY'S VIEW
On;nion Of Attorney General
on Court Stenographer
Mudjle.
ehve RESIGNATION ACCEPTED
WAS MADE BEFORE SHE WAS
APPOINTED.
MRS. Freeman Insists She Is Still
stenographer, ard Will Go to
Work Monday.
MURPHY'S OPINION IN FULL

Prosecuting Attorney w. B. Sorrells,
Mrs. Nettie Freeman and Judge D. H.
Rousseau all of whom are interested
in way, in the court stenogra pher
Attorney General Geo. w. Murphy in
which he holds that Mrs. Nettie Free
man is still court stenographer. All
are of the same tenor. Following is
the one addressed to Prosecuting At
torney Sorrells:
Little Rock, May =. 19O2-W. B.
Sorrells. Prosecuting Attorney, Pine
Bluff. Ark.-Dear Sir: | have the hon
or to acknowledge the receipt of YOUR
communication of the lst inst, in
which you say that Mrs. Nettie Free
man was appointed official stenogra-
pher of the Eleventh judicial circuit
on petition of the members of the bar.
in accordance with the act of the gea-
eral assembly of 1897, providing for
the appointment OF court stenogra-
piers; tnat the judge required her as
condition OF her appointment to sign
resignation IN .>lanh as TO date. pre-
pared by him; that she served in the
capacity of official court stenographer
with competency and satisfaction un-
til the 31st Of March, 1902, when tnc
circuit Judge wrote her a letter notify
Ing her that ne had accepted her res
lSnatlon as OF tnat date; that she says
she did not !esiSn and had not ,a.Q
the Judge that she desired or intended
70 resign; that this letter of the Judge
to her Was the outcome Of the blank
resignation he had her to sign pre-
Vlous to her appointment, and kept in
MS possession; that you have given
her your opinion that she is either
now the Official stenOgraphel of the
district, or has never been; that it is
your opinion that the Judge could not
remove her arbitrarily; that she could
only be removed for the causes men
TONED in the act creating the office
lor lncomptencY, neglect of duty, or
mlsbehaviOr; and that you have ad
flsed her that she has the right to dis
charge the duties and receive the sal
ary of the office. On this statement Of
facts you ask the opinion of this office
as TO whether you are correct in your
conclusion.
The act authorizing the appoint
ment of official court stenographers is
plain. 1t authorizes such appointment
On the petition Of a majorit ) OF the
licensed resident lawyers of the cir
cult 1t authorizes the Judge to re-
move. or dismiss. the stenographer so
appointed for incompetency, neglect
OF duty. or misbehavior. 1t does not
authorize him to take from the ap
pointee formal resignation. blank as
TO date, hold it until it pleases to dis
miss. then fill the blank date. and by
formally accepting such pretended
resignation. dismiss the stenographer
such paper is not resignation. 1t
was given DolOIe SIle udU any OulCC W
resign. If exacted by the Judge it was
an attempt on his part to modify the
law SO as to enable him to dismiss the
stenographer without cause. 1t was
a plain effort at evasion. Through it
no such power could be reserved-no
such modification made. Its formal
acceptance did not dismiss" the ste
nographer As YOU say. she has as
good title as perfect a one. to the
office as she ever had. She has now
the same right to discharge the duties
of the court stenographer and to draY
the salary therefor that she had On
the day of her appointment, beg To
remain, Yours truly.
C. W. MURPHY.
Mrs. Freeman. it is understood. has
served notice on Judge Grace that she
is still court stenographes,. and will