In re Courtroom & Officers of Fifth Branch Circuit Court, Milwaukee Cnty.

• Decision Date: 02 February 1912
• Citation: 148 Wis. 109,134 N.W. 490
• Parties: IN RE COURTROOM AND OFFICERS OF FIFTH BRANCH CIRCUIT COURT, MILWAUKEE COUNTY.
• Court: Wisconsin Supreme Court

148 Wis. 109

134 N.W. 490

IN RE COURTROOM AND OFFICERS OF FIFTH BRANCH CIRCUIT COURT, MILWAUKEE COUNTY.

Supreme Court of Wisconsin.

Jan. 30, 1912.

Concurring Opinion Feb. 2, 1912.

Appeal from Circuit Court, Milwaukee County; W. J. Turner, Judge.

In the matter of the Courtroom and Officers of the Fifth Branch Circuit Court, Milwaukee County. From an order denying a motion to vacate an injunctive order, Milwaukee County and its Board of Supervisors appeal. Affirmed.

On April 27, 1911, his honor, Judge Turner, judge of the Second judicial circuit, Fifth branch, Milwaukee county, Wis., made the following order:

“Whereas on the 25th day of March, A. D. 1908, the county of Milwaukee, by its board of supervisors, entered into a contract of lease with the trustees of Wisconsin Commandery No. 1, Knights Templar, of the city of Milwaukee, whereby it leased from the said trustees ‘all the rooms or apartments and the appurtenances thereunto belonging on the fourth floor of the Masonic Building situated on the southeast corner of Jefferson and Oneida streets in the city of Milwaukee’ (across the street from the park on which the courthouse is situated) for the term of three years from the 1st day of May, 1908, the rent reserved being $2,400 a year, to be paid in equal monthly installments during the term. It was further therein provided ‘it is mutually agreed and understood that said premises shall, during said term, be used only for the purpose of holding court proceedings and when not so used shall be under the control of the parties of the first part’; that the said county of Milwaukee did thereupon take possession of the said fourth floor of said building and arranged the same for courtroom, jury room, judge's chambers and reporter's room, together with necessary toilet; that said county, at great expense, furnished the said courtroom and other rooms mentioned, and duly assigned the same to the Fifth branch of said court for use, and the Fifth branch of said court has since that date and is at the present time using and occupying the same for conducting court proceedings and for the use of said judge of said court, and that they have been at all times and now are suitable and proper for such use; that there is no suitable and convenient room for holding said court and for the accommodation of the court and its officers in the courthouse in said county; that said lease is about to expire; that on the 9th day of February, 1911, the judge of said court received a letter from the trustees of said Commandery, which letter is as follows:

‘Wisconsin Commandery No. 1. Milwaukee, Wis. Feb. 9, 1911. Hon. W. J. Turner, Masonic Bldg., City--Dear Sir: As you are doubtless aware, the lease of the county of Milwaukee for the courtroom in the Masonic Building, occupied by you, expires May 1st. At the same time the leases of most of the other tenants in the building expire, and the trustees are now arranging for renewals of the same. We should be pleased to know at a very early date whether it is the desire of the county to renew its lease. We beg to advise you that the trustees are willing to renew the same for five years at the same rental, and on the same terms and conditions as heretofore. Will you have the kindness to have the matter acted on by the proper parties as early as possible, and oblige, Yours very truly, Geo. A. Davies, Q. A. Matthews, Andrew D. Agnew, Trustees.’

That thereupon the judge of said court took the opinion in writing of many of the firms and members of the bar of the said county, irrespective of political affiliations, and they united in a request that the court be continued at its present quarters, stating reasons therefor, which request was presented to the board of supervisors of said county by the said judge, and accompanied a letter dated February 25, 1911, of which the following is a copy:

‘2/25/1911. To the Chairman and Board of Supervisors of the County of Milwaukee--Gentlemen: The term of the lease of my courtroom and chambers will expire in May following.

The trustees of Wisconsin Commandery have requested that they be informed at an early date whether the county will retain the rooms. I requested from them a proposition in writing and am inclosing the same to you.

You will note that they will renew the lease for a period of five years on the same terms as the present lease. I have also taken the opinion of many of the members of the bar who are actively engaged in the practice of the law before the circuit court, and inclose their request that the court be continued in its present quarters, with reasons therefor.

I wish to add that in my opinion the present location is the most convenient that can be obtained outside of the courthouse. The reasons are very apparent to those of you who have had business in my court. The proximity to the courthouse and the clerk's office makes a great saving in expense in transacting the business of the court. I am constantly drawing from the jurors of the courts in the courthouse and they draw from me. Thus we save in dispensing with the services of a full panel of 36 men.

The judges are about to dispense with all over 80 jurors for four courts. This will be done by drawing that number of jurors for all the courts, using jurors and keeping them together in one courtroom, and my courtroom is conveniently located and well adapted for that purpose. We will thus effect a saving to the county of at least $120 per day of actual jury service.

The risk of taking files from the courthouse is great, and being near makes that risk less. Almost daily we have to use some of the records from the other officers, such as county judge, register of deeds, etc., and again there is a risk and trouble to take them from the courthouse. Of course, the nearer my court is to the courthouse, so much is the risk less. The expense and convenience to parties, witnesses, and litigants need not be dwelt upon. It is apparent. My present courtroom is fully furnished and equipped. All this was done at considerable expense, and in all probability it would not fit another room and it would have to be remodeled, which again means expense. The location is as good as can be found. It is light and well ventilated and removed from the noise as much as possible in a city.

It has been suggested that my courtroom could be conveniently established in the Pereles Building, in the west room on the fifth floor. I have examined the quarters and they are not suitable or convenient. My furniture would not fit in and leave proper space. The room is too narrow, and with the partition out would leave no room suitable for my private offices. There is no room for the reporter and jury. The noise, when windows are open, would seriously interfere with the transaction of business.

Other reasons might be given why the place is not suited for the holding of a circuit court, but it is unnecessary to state them, as a casual examination will satisfy any one to that effect.

I respectfully suggest to your honorable body that the matter of leasing the present quarters for my court be taken up by you and arrangements to that end consummated upon suitable terms. Very respectfully yours, W. J. Turner, Judge.'

That all the facts stated in said letter are true within the knowledge of the judge of said court. That on the 5th day of April, 1911, the judge of said court received the following letter from the committee on public buildings of said county: ‘Milwaukee, April 5, 1911. Hon. W. J. Turner, Judge Circuit Branch 5, City--Dear Sir: The undersigned committee on public buildings and grounds of the county board have determined that space in the Pereles Building be used and occupied for the Circuit Court Branch 5, commencing May 1, 1911. The lease for the present quarter of said court will not be renewed. The committee will be pleased to meet you and receive your suggestions as to decorations and arrangements. Respectfully, Albert E. Gumz, Emil Ruhnke, Committee.’

That just prior to the receipt of said letter it came to the knowledge of the judge of said court that the board of supervisors of said county wished to establish said court in a room upon the fifth floor of the Pereles Building in said city, located at the corner of East Water and Oneida streets, four blocks from the courthouse; that the judge of said court personally inspected said quarters proposed to be appropriated for such purpose, and ascertained that they were entirely inadequate, and not suitable or convenient for the purposes of the said court, and the judge and officers thereof, and that the business of said court could not be properly administered therein, and that due administration of justice would be hindered and prevented to a large extent by the establishment of such court at said place; that he caused measurements to be taken of the room designated as a courtroom; that it was but thirty-eight feet long and twenty-six feet wide, and that the furniture and equipment of said court could not be installed in said room and leave proper, suitable, and convenient space for the transaction of the business of the court; that there were not suitable and convenient offices of the court; that there was no jury room and no room for the reporter of said court; that it was proposed to remove a certain partition which would make the courtroom fifty-six feet long, but the removal of which would entirely deprive the court of any chambers, and there would be neither chambers, jury room nor reporter's room for its use; that the room itself would, when the windows were raised, be so noisy that it would be with the greatest difficulty that witnesses, attorneys and the court could be heard in the transaction of business; that the furniture which cost a great deal of money and was constructed with the idea of being used in a new courthouse would have to be cut down and practically destroyed; that there is not sufficient ventilation and there cannot be any...