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Elementary Law.

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"manHE words "process" and date" are descriptive of certain classes of writs by which courts, i. e., judicial tribunals exert their constitutional functions. The former, when used respecting civil cases or proceedings, is generally intended to refer to that particular class of writs known as the summons" and the "execution." "Subpoena" would probably be covered by the word date." I assume that every one knows that the summons is that instrument, or writ, by the service of which an action in court is begun. Its essential elements should appear upon its face-as the lawyers say it should show prima facie, sufficient to give it validity. Briefly stated, these elements are, the name of the party who institutes the action (meaning, of course, the suit) and that of the party against whom the proceeding is begun ; name of the court in which begun; the political divisioncounty, town, village or city-in which the court exercises its powers, i. e., its jurisdiction; a direction to the party against whom the proceeding is begun, to appear, at a time and place therein stated, or to answer at a certain time the demand of the party instituting the proceeding and stating the action to be taken in case of default, date of issuing, signature of the judge, or an officer, of the court out of which it is issued. The meaning of the word "summons" conveys a very accurate idea of its function. It summons, or as laymen sometimes say, notifies; it is authoritative notice that one's attention is requested. The word party is used in its legal technical sense, and means a person who either prosecutes or defends a proceed. ing in a court of justice. "Appear" is a

technical legal term and means to respond to the proceeding instituted, either by appearing in person-which is called "personal appearance"- -or by appearing by attorney, and taking part in the proceeding. More than mere presence at a proceeding is necessary to constitute appearance. A recognition of the power of the tribunal is necessary. In certain actions and proceeding appearance is made therein by a written notice, technically called "a notice of appearance."

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THE Would-be law stenographer, as well as the law office amanuensis, should write and re-write in shorthand the preceding paragraph, as just such phraseology will come to his mill, to be ground out in reporting law-suits and receiving dictations of legal briefs.

As I promised sometime ago, I give my readers the benefit of Mr. Tewkesbury's views upon civil service as applicable to the stenographer. I do not desire to be understood as subscribing to each of Brother Tewkesbury's statements. It is not my business to criticise. That I leave to my readers. I cannot but admire, however, the abiding confidence which Mr. Tewkesbury reposes in the efficiency of the civil service system. I trust that he is a prophet of truth, and that his vision of the approach of civilization, minus the meat-chasing savage, plus the friendly relationship of ethics and politics, may be realized.

Would Listen to the "Scrap."

ROCHESTER, N. Y., April 6, 1894. MY DEAR SIR: Kindly permit me to take issue with you as to your reply to the ques

tion, “What would you do?" as given in the April number of THE STENOGRAPHER.

The official reporter of a court, according to my understanding of the duties is, in court, to take in shorthand, a correct report of the proceedings of the trial, viz., all testimony given, objections of counsel, the rulings of the Court thereon and the charge of the Court, nothing else. Arguments are not, at least in this district, taken unless special request is made. A personal discussion between the Court and the attorneys has nothing to do with the case; it is entirely foreign to any issues that may be before the Court and, in my humble opinion, such should not be taken. I would, as stated by the reporter referred to by "T.," "drop my pen" and listen to "the scrap."

W. R. LANSING.

Civil Service and Stenography. That "the best men get there,” is an argument that would be conclusive as against adoption of a system of civil service, were it not opposed to the facts, and also, true that staying after you get there is entitled to consideration-that both the getting there and staying depend upon a measure of merit, and what is far more important to the safety in tenure of the truly meritorious, a determination of demerit.

The ultimate triumph of merit over demerit, right over wrong, we belive in-look forward to and work for with all our might. To make possession affirmative, or definite and undisputed possession, to merit, my conclusion is that we must have a rule or statute defining cause and a court to enforce removal for cause of demerit. A guarantee of tenure is, or should be, necessary to the "good man" who has an eye to business investment, even before he starts to get there. Speculative tenure is to a certain extent corrupt tenure.

It has long been a hobby of mine that there is a common law equity surrounding all men, in their relations one to the other, which will always be disregarded, to the discomfiture for a time at least, of the weaker of the parties to remedy which, that equity must have visible definition by statute and judicial interpretation or administration. Legitimate industry would eliminate the factor of speculation from our activities; and system of civil service is only a "hedge," to

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speak in parlance, against representative government, on the part of popular rights; an effort to bond and guarantee "business confidence" and the public trust. law stenographer of twelve years, I am interested, because I believe in guaranteeing the investments of the highest class of investors known to the happy and peaceable State, where Art and Science give "to the Moderns their refinement, to the Ancients their fame."

The public trust, what? Civil service, civil system, civil order, civil liberty, civilization. Civilization originates and depends upon the recognition and establishing of the common equity; the agreement to respect and defend the common right, the actual respect and defense of that common right— these, common equity and common justice demand. There is little doubt in my mind that we are approaching civilization through the completion of the civil service system. The modern, perniciously active politician compares to a wild African, or Indian of the Western prairie, after a piece of meat. Ethics and politics should not be total strangers to each other any longer.

The Civil Service Commission now gives precedence and a "hearing" to the old soldiers and sailors. My logic leads me-it may lead you—to the idea that to conquer peace, we should have acceptable arbitration of the essential of all political and industrial warfare that conquered peace is the best victory we can give to the industrial warriors who fight for better methods, better men and established standards to fix and thus direct the status of the living present and the step of human progress-the guarantee and the measure of tenure and election.

W. KAY TEWKSBURY.

Judge Arnoux Again.

I have received a very interesting letter from a prominent official court stenographer of a western city, who writes at length upon the subject of the ignorance of the legal profession concerning the stenographer's work, and kindred topics. His communication was called out by what appeared in this department, in response to Judge Arnoux's remarks before the New York State Bar Association. I quote from the letter as follows:

"Friend Thorne ;

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In regard to Judge Arnoux and his little speech, have only to say that the trouble with him is pure ignorance of the subjectmatter under consideration. I have never heard one talk in that strain who was not troubled with the same complaint. They have been in the habit of getting their transcript whenever called for without giving a thought as to the labor to be performed in doing it; they never think whether it will take merely the time of the note-taker or a dozen other assistants. They undoubtedly think, nothing being said by the man in charge of the case, that he will do it all himself by working a little after adjournment and again an hour or so in the morning before court convenes, when, in fact, it will probably take him and two or three other people all night. In a daily copy case when they see two reporters engaged in court, they think it is all done by them during the ordinary working day, when more likely it requires the combined efforts of those two, and two, if not three operators, all day and a good share of the night. In other words, that one day's take in court will represent almost ten days' labor, instead of two.

This learned judge no doubt labors under the impression that the stenographer, in the case he refers to, spent no more time on the case than the referee, when the probabilities are that the reporter spent an hour for every ten minutes that the referee put on it; and that, too, notwithstanding the fact that the reporter was required to, and did exercise as high a degree of attainments, and a knowledge that took him longer to acquire than that of the referee.

We succeeded, earlier in our career, in silencing a member of our bar, who was given to talking a little this way, by offering to wager him the amount of one year's income from his practice that we could pass the examination required to practice law in this State in less time, notwithstanding his scholarship and ability, than it would take him to acquire sufficient speed to do the simplest amanuensis work. That set him to thinking and investigating, and he is now one of our most steadfast friends and sticks by the reporter as well as the best. Many are like this gentleman, talking in this way, not because they think the reporter is not worthy of his hire, but because they are nder the impression that he is doing far

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less work for the money he receives than he really does. There are others, of course, and it would seem as if your worthy judge belonged to that class, who believe that the reporter's work is that of a mere copyist.

It would be too much to expect to get much light into a man's head who holds that view in this age, especially one who holds this opinion after having been where good work has been done. * * * Undoubtedly there will have to be some missionary work done on behalf of the reporter in the next few years. The public has learned that the country is full of shorthand writers, but they have not learned that there is any particular difference in them. I know of no better way to correct pcople who are under the impression that one shorthand writer is as good as another, than to do as I did with a gentleman whose work I had been doing for years, and who became restive because he thought I was charging him too much, and thought certain other people, whom he could get cheaper, would do as well. I pleaded a pressure of business, and sent these other people in place of going myself or sending some person from this office. I have been requested by him to never inflict them upon him again, and have heard no complaints about fees since. It is pretty hard to tell which would be the best way to deal with this question. I am inclined to think a good deal of the work must be done by each reporter laboring quietly, intelligently, respectfully, but firmly, in his own field, and when a case comes up where the question is spoken of from one side, as in the instance referred to, I think it behooves the profession to ask that body before whom the remarks have been made, to hear the reporter's side of the question at the first opportunity, and delegate one of their best men for that purpose. There is danger if those statements go unchallenged that they will be taken as true, and the position held by the gentleman as just.

So far I have found the bar, as a whole, inclined to be fair, and ready to listen to our side and give us a reasonable compensation for our work. I think that those who are not willing to see us fairly dealt with, and who will persist upon looking upon our work as worthy of no greater compensation than that of their copyists who make copies of our records, are the light weights of the profession both mentally and morally."

The Ubiquitous Stenographer.

"The word explains itself without the muse,
And the four letters whence cometh news:
From north, east, west and south, solutions made;
Each quarter gives account of war and trade.”
-Author Unknown.

W. R. Bathrick, of Norwalk, Ohio, has been appointed stenographer to the Huron County Courts.

FRANK HARRISON sustained a severe loss by a recent fire. Frank seems to have had bad luck from various sources lately. However, he appears to have plenty of grit.

THE stenographers of Cleveland, Ohio, have acted promptly and correctly in refusing to perform court work for five dollars, the rate fixed by the county commissioners.

MR. C. J. HARDY, of Toronto, Canada, recently a stenographer in the department of Crown Lands, has resigned and taken up ranch life in Kansas-from hen-tracks to cowtracks, so to speak.

CHARLES H. Guy, of New York City, formerly a stenographer, afterwards a lawyer, later and recently filling some legal position in the Surrogate's office of New York couuty, is now a member of the New York Senate.

A BILL in the Ohio Legislature fixes $500 per year as the salary of a court stenographer for one of the counties of that State, payable out of the county fund. That fund is reimbursed by taxing three dollars per day in each case tried.

ATTORNEY-General Little, of Kansas, has given an opinion that the section of the new mortgage law, respecting the fees of stenographers, is void. He is of the opinion that the clerk of the court should tax up stenographers' fees in cases arising under the new mortgage, precisely the same as in other

cases.

Captain S. L. Fullwood, late stenographer of Court of Common Pleas, No. 2, of Pittsburg, Pa., died recently at his home, on Elgin avenue, in that city. He had been stenographer in that court for a number of years and held a similar position in the license court for the past five years. He won his military title through service in the rebellion. He was quite conspicious in church and charitable work. Among those who survive him is a son, Charles, a stenographer, who was associated with his father in the courts.

Ir is proposed to increase the number of official court stenographers in the seventh (N. Y.) judicial district. There are three, at present-our genial friend, W. W. Osgoodby, T. R. Griffith and I. C. Hutchins. At this writing it is almost certain that Mr. W. R. Lansing, of Rochester, N. Y., will be the appointee.

FRANK A. WAGNER, stenographer in the passenger department of the Lake Shore and Michigan Southern Railway Company, at Cleveland, Ohio, in a recent letter writes: "The Grand Jury number of THE StenograPHER is just received, and although I am not yet a law reporter, I am working that way, and therefore find much valuable information in the department which you edit, and for that matter, in the entire magazine." Friend Wagner will accept my thanks for news items forwarded.

It would seem, from the frequency of the newspaper statements, that male stenographers do not have a fondness for government positions. The Civil Service Commissioners cannot fill the requisitions made upon them, it seems. And yet some of these positions pay $1000 per annum. A chance for Maine stenographers to try the examinations may be had on the 16th of this month, at Portland. Circulars relative to the civil service examinations may be obtained of the Civil Service Commission, Washington, D. C.

I AM in receipt of a copy of the proceedines of the American Association of General Passenger and Ticket Agents, held at Lake Worth, Fla., March 21st, 1894, which was reported by Mr. H. W. Nichols, chief stenographer, in the passenger department of the Lake Shore Railway Company, at Cleveland, Ohio. Mr. H. W. Nichols has for several years reported the proceedings of the annual and semi-annual conventions of this Association. With Mrs. Nichols, he spent about ten days in the "land of flowers and alligators," going and returning from Cincinnati by special train. He says they had an exceptionally good time, surf bathing being one of the exhilarating features. Mr. Nichols is a writer of the Graham system, and receives a salary of $150.00 for reporting and compiling the proceedings of the annual and semi-annual meetings.

MISS ANNIE M. WHITE, of Fall River, Mass., stenographer to the Bristol County Court, is seeking an increase of salary. It seems that she now receives nine dollars for each day or part thereof that she serves. She thinks $1500 would be about right. The lawyers appear to agree with her, as the entire bar of Fall River have signed a petition in favor of her application. Her professional skill and efficiency are thoroughly and satisfactorily vouched for.

THE Brooklyn press has been showing what Mr. John B. Carey, editor of the Truth Department, can do. He was called upon to testify in a case he was reporting, as to testimony given by a witness in another case. As a witness Mr. Carey was obliged to take down questions put to him as a stenographer, answer them as a witness by reading from his notes taken in the previous trial, and in addition, to transpose the answers so read from his notes taken in one case and make them a part of the record in the other But Mr. Carey managed to do it all without adding many gray hairs to his head.

case.

OCCASIONALLY we read that some judge has "hit" the court stenographers hard. Now it has come to pass that Judge Gantt, of the Missouri Supreme Court has "come down on them hard," and that he scores the system of official court stenographers. The reason given for this "coming down" and "scoring" is that a stenographer asked to be paid for making transcript, and refused to furnish transcript without compensation. If Judge Gantt would use his influence to modify the Missouri statutes so that a poor person convicted of crime could, by the proper procedure, obtain a transcript of the stenographer's notes, his efforts along that line would be laudable.

THE Brooklyn court stenographers have been subjected to very severe work during the trials and re-trials of the celebrated Gravesend election cases. Stenographer C. H. Requa, who reported the John Y. McKane case, the trial of which occupied three weeks, was completely prostrated. He made daily copy of the case, which ran about 750,000. John B. Carey, the versatile editor of Truth Department, of this magazine, tackled the Sutherland case, which followed that of McKane, with the result that he is now the victim of writer's cramp.

Judge Arnoux and Reform.

THEO. C. Rose, Elmira, N. Y.

It is a great and glorious thing to be a reformer; to right the wrongs, and to correct the evils that afflict mankind. Much good has been accomplished by reformers in times past, and many wrongs still exist that should be righted. But at the present time men and women are springing up all over the country, who, without a definite purpose, and without knowing exactly what they want to do, are clamoring that something shall be reformed. At a recent meeting of the Bar Association of the State of New York, Judge Arnoux of New York, a gentleman of culture and a lawyer of good standing, posed as a reformer, and urged a change in the laws affecting stenographers. He did not specify what laws he wished amended, nor did he specify in what particular the law should be changed; he simply demanded reform. He cited two or three cases, which we may assume were intended to be the basis of his demand. But surely such a reformer should be able to specify the chapter and even the section of the code which he desires amended. The Judge seemed also desirous to impress upon the Bar Association that the services of a stenographer were not worth as much as the services of a lawyer.

I do not propose, at the present time, to discuss the question as to whether the compensation of a stenographer should be equal to that of a lawyer, or not. I shall not even urge the fact that many stenographers have deemed it proper and necessary to become lawyers, as a preliminary preparation to becoming law stenographers. Neither shall I discuss the question whether it requires as thorough education and training to become a good law stenographer as it does to become a good lawyer. I shall leave that question for others to consider. I do not, however, accept the position taken by Judge Arnoux, that a lawyer is entitled to more compensa