Show F ftIONEAuxTHETOR E e Contest For the Position of Court Eaporter i I MGUERIN BARBED OUT SIAUGLAIt ATTITUDE TAKES BY THE EXAMINING COMMITTEE A Protest Filed By Frank HeGnrrin in < Ii Third District Court There r Will Re Some Fun Before i It Settled Tlie Report The examination in this section provided for shall be open to all persons I per-sons furnishing satisfactory evidence o good moral l character and public notice of the time and place of the holding of such examination shall be Driven and the certificate shall only be issued to the persons passing the best examination Sec 2 chap GO of the cession laws of 1890 It was under the impartial and benignant l be-nignant spirt of this provision in the laws of the territory that a dozen candidates can-didates for tIe positon of official stenographer sten-ographer of the Third district court gathered in Judge Sutherlands office yesterday afternoon the appointment to be awarded the candidate develop ng the greatest measure of skill The test mediums consisted of Judge Sutherland S M McDowall and James A Williams Having put the arena in order the gladiators began to settle into their chairs Presently l Reporter Frank McGurrin who now 1J presides at the official stenographic psk in the district court made his 1 appearance and was met at the threshold thresh-old with an order bearing the signature signa-ture of the committee barring him from the contest and scratching him from the list of entries The effect of this was volcanic I didnt appear however to Disturb the equanimity of the rival candidates so much as it did the spectators and those who were there advocating a fairfIeld i field Reporter McGurrin attempted to i expostulate but the committee was immovable im-movable and he reluctantly withdrew I leaving the family laurels to his brother Fred who under squatters I rights bad already preempted a desk and was arranging his accoutrements for the struggle srggle I THE CANDIDATES I With the conviction that i was I moving according to Hoyle undisturbed undis-turbed the committee then opened the I contest with the following candidates I Ihotnas Jarrioneaux I C Falconer I l DuB F W Milverton Miss B F McMajU rs F E Barker G D Hodge of Ogden J T Smith 1 Miss Florence Hartley A J McIntyre I and A H Cowe The signal having been hoisted the contest began and continued for an hour or more during which time the competitors wen whirled through common com-mon principles of the law an imaginary r 7 imagin-ary impeachment of John Doe the ar rajgnment of his associate Richard Roe I a courts inctructions to a jury in an issue involving all the abstruse problems prob-lems in theoretical geology the Bos ion girls polysyllabbic lay by George L Nye and other equally interesting evolutions I The test over the test mediums i tiriKl behind closed doors and the I amination of copy begun each individual in-dividual candidate reading nis notes I MGURRIN PROTEST I 4 t Meanwhile the attitude of tie committee N com-mittee towards Reporter McGurrin of who had been frozen out like an Ish maplite had reached the ears of the bar and was freely discussed Believing I Believ-ing that his rights under the statute had been denied him Reporter McGur rin sought legal advice and at a late hour in the afternoon filed the following follow-ing petition with Clerk Dunbar of the district court In the district court for the third Judicial district of the territory of Utah In the matter of the appointment of phonographic reporter and assistant phonographic reporter for said court The petition of Frank E McGurrin rpspectfully shows to this court that lu has been the phonographic reporter of said court for more than seven years last past That he was appointed to such position by Hon Charles S Zane judge of said court and under the ttatute creating Said office of phonographic phono-graphic reporter the appointee holds during the pleasure of the judge making mak-ing the appointment and that therefore there-fore petitioners term of office expired with that of said Judge Zane since which time petitioner has been holding over pending the appointment of a successor after the appointment That shortly afer of the present incumbent as judge of this court petitioner was informed that sad judge desired a change for personal per-sonal reasons in the reportershlp of said court That thereupon before the qualification of said judge your peti tioner called upon him and informed him that your petitioner had been informed in-formed as aforesaid adding that if such were the case your petitioner refrain from taking part in would refrin any competitive examination to be held for said position as petitioner did not desire de-sire to be reporter in any court where hf was personally objectionable to the t judge Said judge thereupon stated that your petitioner was not in anyway any-way objectionable to him but that such competitive examination would be fairly conducted and open to your peti tioner as well as to all other applicants Whereupon your petitioner stated that ho would be an applicant for said position and would take part in the i ompetStive examination That thereafter the court appointed a committee consisting of Messrs J G F Sutherland Samuel McDowall and J A Williams to examine applicants for the positions of phonographic reporter aid assistant phonographeq of said lourt That such committee were appointed ap-pointed in open court and directed to give the clerk of the court notice of the time when such competitive examination exam-ination should take place which notice was given for the 14th day of February Febru-ary gen at 2 oclock p m at the office of-fice of J G Sutherland in the city of Salt Lake in said territory That neither when the order appointing the committee was made nor at any oth 1 time to the knowledge of petitioner L did the judge of this court direct said committee to exclude front the contest any person That the time for said competitive examination was at a time when cases were set for trial in both branches of said court requiring the attendance of your petitioner and his assistant That your petitioner was iiformed that it was the Intention of said committee to examine applicants privately and separately instead of ublicly and all at the same time That your petitioner thereupon addressed Js ad-dressed to said committee 3 letter of which a copy is hereto annexed marked t mark-ed exhibit A That your petitioner Delivered said letter in person to J G Sutherland one of said committee onT on-T Feb 12 1894 and in conversation then I had with said Sutherland said Sutherland 4 Suther-land stated to your petitioner that the 1 proficiency and ability of your peti tioner to fill said position were too well known to require and further test or demonstration but on your petitioner C stating to said Sutherland that he did not desire t hold said position on any past record but only if he proved himself him-self superior to all other applicants at this time said Sutherland suggested to your petitioner to get excused by the court for the purpose of attending said examination or If that were not done e amiiaton 1 that the committee would pit your petitioner toner against the applicant passing the best examination That at no time ir aid said Sutherland intimate that your 1 petitioner was to be barred from such i i l examination until as hereinafter i stat dai s r 9 e J I 4 c c 1 i Q ti p That on thfr day set for said examination exam-ination and at the adjourning of thee the-e urt for the noon recess your petitioner peti-tioner asked permission of the court to absent himself from court for the afternoon clearly stating that such absence was for the purpose of competing com-peting before said committee for said poFitipir whereupon the court excused your petitioner as requested That your petitioner has attended said court as such reporter in the department de-partment presided over by Hon S A Merritt judge of said court every day since the said committee was appointed appoint-ed and since said judge went upon the bench That at no time has said judge intimated or suggested to your peti boner that he was or would be barred for any reason from such competitive examination Or that in the event of his success in such examination hew he-w ld not be appointed to such position posi-tion That at the hour appointed by said committee for such examination peti toner was present prepared to engage In it under the statute which reads as follows The examination In this section provided pro-vided for shall be open to nil persons furnishing satisfactory evidanoe of goOd moral character and public notice no-tice of the time and place of the holdIng hold-Ing of such examination shall he given and he certificate shall only i > e issued to the person passing the best examination exam-ination That thereupon your petitioner was invited by said committee into a room privately with said committee J G Sutherland a letter a copy of which is hereto annexed and marked Exhibit Exhi-bit B which was the first intimation from anybody that petitioner had that he was to be barred from such examination ex-amination That the conversation had in said room with said committee said J G Sutherland told your petl loner that the reason why he was not eligible gible as an applicant for said position posi-tion was because the judge of said court objected to petitioner for political cal reasons That petitioner thereupon asked said Sutherland If he would put that statement in writing to which said Sutherland replied that he would put nothing in writing further than said letter Exhibit B That upon retiring from said room when request was made for applicants to present their names for examination examina-tion petitioner presented his name and it was written on the list with the others That thereupon said J G Sutherland directed the writer thereof I T Marrionneaux one of the applicants I for said position to strike the name of petitioner from the list whereupon I said Marrionneaux wrote opposite petitioners pe-titioners name the words Excluded by the committee That your petitioner was and is an applicant for the position of phonographic II phono-graphic reporter of this court and claims that he is unjustly improperly and without any warrant in fairness and contrary to law excluded from competing for said position Wherefore your petitioner prays that said committee or some other I committee be appointed by the court to examine petitioner for the said position posi-tion and if the examination already held Is closed and some person is recommended re-commended that your petitioner and said applicant so recommended contest I con-test for such position And your petitioner pe-titioner will ever pray I FRANK E McGuRRlN Territory of Utah County of Salt Lalcess Frank E McGurrin being duly sworn says that he is the petitioner above named that he has read the foregoing petition and knows the contents con-tents thereof and that the fame is true of his own knowledge except as to those matters stated therein on information in-formation and belief and as to those matters he believes it to be true I FRANK E McGURIN Subscribed and sworn to before me this 14th day of February 1894 f D C DUNBAR I Clerk of the Third District Court I By H G McMillan Deputy H J Dininny Attorney for petitioner peti-tioner i EXHIBIT A I Salt Lake City Utah Feb 12 1894 Messrs J G Sutherland J A Williams Wil-liams and Samuel McDowell Committee Com-mittee Gentlemen I hereby present my name as an applicant for the position of phonographic reporter of the Third district court of this territory In doing I do-ing so I beg leave to call your attention I atten-tion to the fact that at the time set i for holding the competitive examination I examina-tion viz Wednesday the 14th inst at 2 clock p m cases are set for trial in both branches of said court which will undoubtedly require my attendance as reporter as well as that of my assistant as-sistant The result will therefore be if the examination is held at the time stated either to preclude the present reporters of said court from taking part in the examination or that they must be examined separate and apart from the other applicants A moments reflection will show that i < vould be I impossible to secure a fair test of skill by the latter method A person reading for say ten minutes will necessary neces-sary vary during that time in the speed at which he reads reading faster than the average at one time and slower than the average at another I is likewise true that the same reader read-er could not reread the same matter with precisely the same variations in seed with which he read it before In t reading of ten minutes the reader might vary not to exceed ten words a minute from the average speed the first time while the second time he I might vary fifty words per minute I all are writing together all are affected i affect-ed alike while if writing separately one is tested by one rate of speed and another by a greater or less rate of speed I Furthermore i will be apparent to any one who cares to demonstrate it that it is practically impossible for a reader to avoid errors in reading no matter how careful he may be It all the applicants write at the same time these errors will be properly charged to the reader and not to the writers I and all are affected alike whereas If I but one applicant writes at a tlnie the errors of the reader make I a different testAnother I Another feature of the method of I separate examinations tending to produce I pro-duce an unfair result would be that an applicant who had already been examined ex-amined might communicate to one not examined the nature and substance oft of-t e matter read and possibly the exact matter could be secured This wouli enable two or more of the applicants to combine to defeat another who might really be more skilful While to change the extract or matter and read one extract to one applicant and a different extract to another would be too manifestly unfair to require argument In the interests therefore of the fair play contemplated by the statute and the determination of the question irrespective of politics or personal favoritism I respectfully request that said examination be held at a time when court is not In session that all the applicants write at tie same time from the same reading and that the examination be held openly and public iv In asking this I cite as a precedent prece-dent a similar examination held in simiar examinaton this city in September 18S5 conducted by Messrs Sutherland Rosborough and Harkness Very respectfully Signed FRANK E McGURRIN EXHIBIT B Salt Lake City Utah Feb 14 1894 Frank E McGurrin Esq Salt Lake City Utah Dear Sir We are in receipt of your letter of February 12th 1894 relating to the examination of candidates for court reporter Under the statute court reporters are appointed by the judge and to hold office during his pleasure You have held that place since 1886 by the pleasure of the judges of the Third district court I it was tne pleasure of the present judge of this district to retain you as court reporter re-porter no commute would have been appointed to examine candidates You are at present the incumbent of that oHce you need no certificate Dt qualification fication to hold it if it was the pleasure pleas-ure of the judge to retain you He ha rJ 0 t 1 signified his pleasure to make a change The committee therefore do not regard you as eligible Other candidates can-didates only will be examined Yours respectfully Signed J G SUTHERLAND JAMES A WILLIAMS S McDOWALL MARIONNEAUXS FIRST HONORS While these documents were going upon file in the district court the committee com-mittee was prosecuting its examination examina-tion and all the candidateswith the exception of Fred McGurrin who had withdrawn after submitting his notes had been heard it was agreed that Mr Marlonneaux had won the spurs The committee will so report at the opening of court this morning when openIng some pected very racy developments are ex I |