EMPLOYMENT OF STENOGRAPHERS IN COURTS.

For a number of years past Mr. S. C. Rodgers, of Troy, N. Y., official court stenographer and ex-president of the International Association of Shorthand Writers and of the New York State Stenographers' Association, has prepared for the latter organization very valuable annual summaries of the laws and legislation covering this subject. From these published papers and from the resources of the Law Library of Congress, the statement here given has been prepared by Mr. Lyndon A. Smith, a member of the bar of the District of Columbia:

The earliest State law authorizing the employment of a stenographer by a court was passed by the New York legislature April 16, 1860. It provided that the courts of the first judicial district (the city and county of New York) might "direct the employment of a stenographer in such cases as appear to them to require it, and may order the expense cccasioned thereby to be paid by the parties." The stenographer was made, in 1863, a sworn officer of the court, with a regular fixed salary, and required to take full stenographic notes of all proceedings in every trial. The judge might require a transcript of them at the expense of the parties to the action. A further amendment of this portion of the code took place in 1865, by which the employment of stenographers was made general throughout the State. It provided that in counties other than New York, on trials of issues of fact in circuit courts and courts of oyer and terminer, the presiding justice might employ a stenographer, whose duty it should be to furnish the parties to the respective trials a copy of the evidence and proceedings taken by him, if they should desire it. The present stenographic law of New York appeared in the revision of the Code of Remedial Justice made in 1876. Under it each stenographer is an officer of the court and must be skilled in his art. He must take full stenographic notes of the testimony and proceedings in each cause. The notes must either be preserved two years by the stenographer or filed by request of the judge presiding. They must be written out when the judge or any party entitled to do so requests them, and such a copy is now (1883) required to be open to the counsel in the case for examination. The court of appeals, the supreme courts, the superior courts of New York City and Buffalo, and many of the surrogate's, common pleas, and county courts are provided with official stenographers.

A law was passed March 7, 1864, in Maryland, empowering the judge of the superior court of Baltimore City to employ a stenographer to take down the testimony in trials before that court such person to be remov able at the pleasure of the court and receive compensation not exceeding $1,500 a year, to be fixed by the judge. This law was superseded by a more comprehensive one in 1867, by which the employment of stenographers in the superior, common pleas, and orphans' courts of Baltimore was authorized. They were to hold their positions so long as they

should efficiently discharge their duties. Each stenographer might appoint an assistant at his own expense. Besides the usual duties, the stenographers of the superior and common pleas courts might be required to prepare for publication, from time to time, a volume of reports of selected opinions, especially such as might concern questions of interest to courts in other portions of the State. The only special remuneration came from the privilege of copyrighting such volumes as should be published at the expense of the stenographer.

Pennsylvania was the next State to pass a law authorizing the employment of a stenographer to report judicial proceedings. In 1866 the judges of the district court of Philadelphia were permitted to appoint two competent phonographers. Their duties were similar to those performed by stenographers in New York. The next year these reporters were allowed to appoint, with the consent of the court, two assistants. The authority to appoint phonographic reporters was conferred in the same year upon the judges of the several courts of Lancaster County and upon the judges of the common pleas courts of the State. The acts authorizing official stenographers in Philadelphia and Lancaster Counties and in the courts of common pleas were repealed in 1868. In 1873 the supreme court of the State and the courts of Philadelphia were authorized to appoint stenographers as commissioners to administer oaths and take depositions. Only those persons were eligible to appointment who could produce certificates, signed by at least ten members of the Philadelphia bar in good standing, that they are duly qualified to perform the duties of the office. The president judges of the eleventh judicial district (Luzerne County) and of the sixth judicial district (Erie and Warren Counties), upon the petition of members of the bar, were authorized in the same year to appoint stenographic reporters, but the passage in 1876 of a comprehensive law amending a law of 1874, and repealing all inconsistent acts, seems to have terminated this special appointing power. The laws of 1874 and 1876 authorize the judges of the several courts of the Commonwealth to appoint stenographers to take notes of the testimony, the judge's charge, and the proceedings, and to furnish transcripts on order or request. They might be excused by the court, with consent of counsel, from transcribing their notes, and, in such case, must preserve the originals. County stenographers were to be appointed upon the written request of two-thirds of the members of the bar of the county.

Maine and Wisconsin passed laws in 1867 authorizing the employment of stenographers in certain of their courts. The law of Maine made the appointment discretionary with the judge presiding at any term of the supreme judicial court. The stenographer was required to take full notes of all oral testimony and other proceedings (the charge of the judge was specially included in 1868) and to furnish the court with "a fair, legible, longhand copy" of so much as the court should direct: "The testimony," says Mr. Rodgers, "is written out in narrative form, con

densed, leaving out immaterial and repetitious matter; the result is all the evidence is given, but not all the words. This style is followed by all the Maine reporters and gives much satisfaction." Parties could obtain copies by the payment of prescribed fees. A certified copy of a stenographer's notes of oral testimony was made legal evidence of that testimony by an act of 1877.

The acts of the Wisconsin legislature permitting and regulating the employment of stenographers in the courts have usually applied to small portions of the State, one or more counties, and have been passed at many different sessions. It was said in 1879 that no less than twentyeight acts relating to stenography had been passed by the legislature. The reader would be wearied by a repetition of enactments generally alike, except as to the locality in which they are effective. The law was summarized in 1878 and amended in 1880. According to the Revised Statutes of 1878 the law relating to stenographers was uniform throughout the State, with the exception of Milwaukee County. It provided that every circuit judge might appoint one or more phonographic reporters and remove them at pleasure, and prescribe their duties, which should include taking notes of instructions and remarks to the jury, or to counsel in the presence of the jury, and furnishing longhand copies of the evidence to parties at prescribed rates. The municipal court of Milwaukee was similarly provided with a phonographic reporter; and in 1880 every judge of a county court was given the powers of a circuit judge over the appointment of a phonographer.

The first action taken in Kansas occurred in 1867, when the judges of the district and the criminal courts of Leavenworth County were authorized to appoint stenographers to perform the duties usually incumbent upon such officers. The law was superseded in 1870 by an act providing for the services of a stenographer when necessary in the criminal court of Leavenworth County and regularly in the district court of the first judicial district, which included Leavenworth. The same power of employing a stenographer was conferred upon the judges of all the district courts by a law of 1879, the terms of which were not such as to greatly promote the welfare of the stenographic fraternity. Each of the three judges of the supreme court has an amanuensis at the public expense.

In 1868 New Jersey commenced legislating on the employment of stenographers by authorizing the judge of the circuit court of Hudson County (around Jersey City) to employ a competent stenographic reporter and fix his compensation. A similar law was passed for Passaic County the next year. In 1871 each judge of a circuit court was given the power to employ a stenographer, who should take down all proceedings excepting the arguments of counsel. The courts in which he was. required to serve were the circuit and oyer and terminer. The quarter sessions was added in 1874. In 1881 the president judge of any orphans'

court was empowered to employ a stenographic reporter at the expense of the parties appearing before him.

Michigan and Vermont began the employment of stenographers in 1869. The history of legislation in the former State includes the provision in 1869 for a stenographer in the circuit court of Wayne County (Detroit), to be appointed by the governor upon the certificate of the judge that business requires it; in 1873, in the superior and recorder's courts of Detroit; in 1877, in the circuit court of the county of Kent and the superior court of Grand Rapids; in 1879, in the police court of Grand Rapids; and in 1881, in the circuit court of Saginaw County. The stenographer is generally appointed by the governor. In the police court of Grand Rapids he is employed by the prosecuting attorney upon a special order of the judge of the circuit court for the county. Some of the laws provide for the filing of a copy of all notes taken; but the court does not generally require it, and consequently it is not usually done.

Vermont, in 1869, provided that the proceedings of the county courts should be fully reported by the stenographers at the discretion of the judges. The present law of that State was enacted in 1878, and empowers the presiding judge of each county court of common law or equity to employ a stenographer for cases heard in court and for hearings before auditors, referees, and masters in chancery. He is required to procure one in criminal trials where the penalty is death or imprisonment for ten years or more. The stenographer must furnish a verbatim transcript of the proceedings of trials and hearings reported by him within twenty days after the close of the term of court or after the hearing. The last legislature (1882) authorized proceedings as for contempt of court against stenographers who neglect or refuse to comply with the proper directions of the judge in regard to the performance of their duties.

In 1870 the judges of the superior court of Suffolk County (Boston), Massachusetts, were authorized to appoint two stenographic reporters, who should make out reports of such cases as the judge should order to such an extent as he might direct, and of cases where the parties agree in writing that they shall be reported.

In the same year the judges of three circuit courts in South Carolina were directed to appoint stenographers for their respective circuits, who should, under the direction of the judge, take full stenographic notes of all proceedings, including the rulings and charge of the judge, and furnish a transcript to the judge when requested; to the parties, when paid. Since 1877 a stenographer has been employed only in the judicial district in which Charleston is located.

The employment of a stenographer in the first judicial circuit of West Virginia was also authorized in 1870, and the judge was given exclusive discretionary control over it.

Kentucky provided for stenographers in several counties in 1872, in

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