Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-06-17
COURT REPORTER
LOSES HIS CASE

Federal Judge Sanford Il. Dole this
morning rendered a decision OF con-
siderable length in the matter Of Ste
nographer J. d. Avery's motion for ex.
ecution for shorthand reporting fees
in w. d. Dyer ct al. VS.. the British |
bark Ivanhoe, everything the motion !
for execution against libellee, and Cap. |
tain Geo. w. Grant. inteTvenor and |
claimant. Avery thus failing to recover
balance alleged to be due him for
transcript of proceedings in court fur.
nished the Judge. Says the decision.
in part:
Although there Is no statute fixing
the duties and pay outside of salary OF
the stenographer OF this court, the
nizes, says the decision, as in the Da.
kota statute. that the stenographer
must furnish to parties transcripts OF
his notes upon being paid for such sci.
vices, and that in civil cases the par
ties, excepting the United States, shall
pay one.half OF the per diem charges OF
the stenographer, to be taxed as costs,
the inference being that he must fur
nish the United States, where 1t Is .
party. such transcript without charge.
such services being covered by his sal
airy. In criminal cases the stenogra'
pher receives no compensation for TAX
ing notes, such services being for the
United states, Is covered by his salary
and in transcribing his notes in crimi.
nal cases for the court he likewise re.
Ceives no pay, such services being also
| covered by bis salary. But in trans.
| cribng such notes for parties in crimi.
nal cases he is entitled to the pay fixed
by the rule at twenty cents a folio Al.
though the duties and rights OF the
stenographer are not as yet very def
nitely settled in this court. yet from
the few authorities that | have found
on this subject II appears to me that
his status is something like the follow.
ing: He is engaged as official report
er; his duties are briefly stated by the
rule, to take down and keep a record OF
all actions and proceedings tried be-
fore this court. he is entitled tn
charge private parties in all cases for
furnishing transcripts of testimony re-
auired by them. twenty cents per To-
Ito: he is also entitled to receive from
private parties in all civil cases. ten
dollars a day per diem compensation.
which by the rule may be taxed as
costs. In criminal cases he must per
form his duties and transcribe the evil
dence. II requested by the court, with
out any compensation beyond his sal
airy, and in civil cases he must, II re-
quested by the court, furnish trans
cripts Of the evidence In full or In
part, or read his notes, or any part OF
them, to the court. performing such
services promptly and without protest
and without demanding additional
compensation. Any refusal or hesita
ton or delay in so carrying out the
wishes of the court would tend TO de-
stroy his usefulness, to impede the
working OF the court, and sometimes
to interfere with the execution OF JUS
ticc.
Consistently with these views, the
mover in this case is entitled to moth
ing on his motion.
The court intimates that Avery
compensation for work performed
might have been greater II he had re
sporded promptly to the courts cal
OF transcript.