Title: Clement Hugh Hill to Warner M. Bateman, 20 November 1871
Date: November 20, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.02184
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Nima Najafi Kianfar
Nov. 20, 1871.
Warner M. Bateman
U. S. Attorney,
The transcript of the record in the case of Beggs v. Stevenson which accompanied your letter of the 10th instant, is herewith returned and your attention directed to the entry on page 13, as follows, "This cause came on to be heard, and the parties having by written consent waived a jury," etc.
By Sec. 4 of the Act of March 3, 1865, (13 Stat, 501,) in order to secure a revision by the Supreme Court of questions of law arising upon the finding of the Circuit Court in a case where trial by jury is waived, the parties, or their attornies of record, are required to "fill a stipulation in writing with the clerk of the court, waiving a jury"; and in Flanders v. Tweed, 9 Wall, 431, it is observed by the Court that a copy of the stipulation should come up with the transcript in the return to the writ of error, so that the Court could see that the stipulation had been complied with.
In view of this observation of the court, it is at least doubtful whether the entry in the record, to which your attention is called would be deemed sufficient. If the stipulation has been filed with the Court, as the statute requires, it would be safer to have it appear in the transcript; and you are accordingly requested to procure the omission to be supplied. This done, please return the transcript to this Department, so that it may be filed at the commencement of the ensuing term of the Supreme Court.
I am sir, Very respectfully,
your obedient servant,
Clement Hugh Hill,
Assistant Attorney General.