Clerks of the circuit court of appeals, having prepared the
records on which causes are heard therein for the printer, indexed,
and supervised the printing of the same, and distributed the
printed copies thereof, and been paid therefor, may certify one of
such copies for use on applications to this Court for
certiorari.
The reproduction of transcripts, in manuscript or in print under
such circumstances is not required.
The statement of the case is in the opinion of the Court.
MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.
These petitions for certiorari were accompanied by a motion for
an order dispensing with the authentication and certification by
the clerk of the Circuit Court of Appeals for the Sixth Judicial
Circuit of the transcript of the record of the Circuit Court of the
United States for the Northern District of Ohio, on which the
appeals mentioned in the petitions were heard and submitted to and
decided by said circuit court of appeals. The clerk of the circuit
court of appeals has certified the transcript of the record and
proceedings in that court, "except the transcripts from the circuit
court, and except
Page 176 U. S. 220
also the printed briefs of counsel filed in may office in said
causes." It appears that the transcript of record from the circuit
court was duly certified by the clerk of the circuit court, was
filed in the circuit court of appeals, and thereafter was printed
under the supervision, direction, and control of the clerk of the
circuit court of appeals under and pursuant to the rules of that
court, and that, after the decision of the cases there, which had
been heard and decided on one record, petitioners requested the
clerk to certify, for the purpose of these applications, the
transcript so printed under his supervision without requiring
petitioners to pay the entire cost of a reproduction of the same in
manuscript, but that the clerk refused to make any deduction by
reason of the premises, and insisted that he had no power or
authority so to do.
Under the third subdivision of Rule 37 of this Court, where
application is made for certiorari under section six of the
Judiciary Act of March 3, 1891, it is provided that "a certified
copy of the entire record of the case in the circuit court of
appeals shall be furnished to this Court by the applicant, as part
of the application."
The table of fees and costs in the circuit court of appeals,
established by this Court in pursuance of the Act of Congress of
February 19, 1897, 169 U.S. 740, provides that the clerks of the
circuit courts of appeals may charge, among other items, for:
Affixing a certificate and a seal to any paper . . . . $1.00
Preparing the record for the printer, indexing
the same, supervising the printing, and dis-
tributing the copies, for each printed page
of the record and index. . . . . . . . . . . . . . . .25
Making a manuscript copy of the record, when
required by the rules, for each one hundred
words (but nothing in addition for super-
vising the printing) . . . . . . . . . . . . . . . . .20
The record in these cases having been prepared for the printer,
indexed, the printing supervised, and copies thereof distributed by
the clerk of the circuit court of appeals, and the clerk having
been paid therefor, we are of opinion that
Page 176 U. S. 221
our rule would have been fully complied with by the certificate
of that clerk to one of the printed copies which he had so
prepared, indexed, supervised, and distributed, and which he
therefore knew was an accurate transcript of the record from the
circuit court, and, as it is shown, and is not denied, that the
printed copies furnished us are in fact correct copies of the
circuit court record, we have treated them as if that record had
been duly certified to us by the clerk of the circuit court of
appeals.
The applications for certiorari are
Denied.