184 Wis. 10 | Wis. | 1924
The following opinion was filed May 6, 1924:
This court has frequently been delayed in its work during the last decade and longer by the fact that
That this court has jurisdiction to proceed originally with such an inquiry is self-evident. The case is properly here. It must be disposed of by this court. It cannot be without a transcript of the evidence being furnished by the court reporter. A delay on his part delays this court in its work and causes delay to the parties. This court, by virtue of its jurisdiction of the case and its control over its calendar and work, has power to require any inferior judicial officer to perform with reasonable diligence work that is essential to this court doing its work. Such jurisdiction need not be sought in the superintending control of this court over inferior courts, though, no doubt, it could also be found there. We prefer, however, to bottom it upon our inherent right to control over our own work and to use all reasonable and lawful means to see that it is done as expeditiously as circumstances will permit. There is much truth in the adage that justice delayed is justice denied.
Under our mode of work we put as many cases on a call as we deem we can hear, consider, determine, and write in four weeks. After such a call is made up, every case that is continued to a later assignment takes so much off from what we could have done in the given time and adds it •to a later assignment. Were we lax in the rule of not per
We shall do no more than to state the effect of the affidavits filed, including one from Mr. Snyder filed after the oral, argument. It seems quite clear from such affidavits and admissions made on the oral argument that no unconditional order for a transcript was made by Mr. Lehner until the latter part of February, 1924. At first he wanted the reporter to abide the result of the appeal, to be paid full fees if successful and no fees if unsuccessful. This the reporter refused. Then it seems that a process of bargaining and estimates was entered upon, the reporter standing firm, as he had a right to do, for. his statutory fees, and Mr. Lehner seeking to obtain a reduction on account of the poverty of his client. So that as we read and construe the affidavits, it was not until the latter part of February that an unconditional order was placed with the reporter for a transcript. Before that time the reporter had taken on additional work in attending and reporting the sessions of the grand jury of Washington county. Such additional work, however, the reporter was not required to do under his appointment as court reporter, and the plea of extra work such as that of attendance upon the grand jury under the provisions of sec. 2546/, Stats. 1921, cannot be considered as an excuse for delay in the performance of the official work of a court reporter. He has no right to undertake extra work of ahy kind if it will seriously delay his official work. His first duty is to perform his official work. If that will permit of additional work without substantial delay of his official duties he may undertake it. If it will not, he should, confine his time to his official duties.
Since it is apparent that the court reporter cannot de
By the Court. — Motion for a peremptory order denied, with costs not exceeding $25.
A motion to amend the mandate was denied, without costs, on June 3, 1924.