U.S. Supreme Court RAY v. UNITED STATES, 301 U.S. 158 (1937)

[Page 301 U.S. 158, 167]

even if the court had the power to grant petitioner's request, the circumstances justified its denial. The court pointed to the fact that petitioner had four months to procure the settlement of the bill of exceptions and the court thought his excuses insufficient. While petitioner strongly insists upon the authority of the appellate court, he apparently took no steps to have that authority exercised in his favor until toward the end of October. He complains that at that time, upon his motion for an extension of time or other relief, the court itself suggested that an application should be made to the trial judge for an order settling the stenographer's minutes as the bill of exceptions, and that the circuit judges intimated to the government's counsel that opposition to that course should be withdrawn. This, it is said, took place on October 27th. Petitioner urges that in directing the settlement of the bill of exceptions in its inappropriate form he was but following the suggestion of the appellate court in view of his exigency and with the idea that the condensation and narration of the evidence could later be obtained. But the Circuit Court of Appeals was fully acquainted with all that had taken place. When the later motions came before the court, it was clearly entitled to review the whole matter and reach a conclusion as to the proper exercise of its discretion. It was the province of the court to weigh the petitioner's excuses. It did so and found them to be without merit. In the light of its statement as to the ultimate ground of its action we cannot say that the court failed to exercise its discretion or that its action was an abuse of discretion. In that view the order is

Affirmed. Footnotes

Footnote 1 See White v. United States (C.C.A.4th) 80 F.(2d) 515, 516; Yep v. United States (C.C.A.10th) 81 F.(2d) 637; United States v. Adamowicz (C.C. A.2d) 82 F. (2d) 288; Gallagher v. United States (C.C.A.8th) 82 F.(2d) 721; Wolpa v. United States (C.C.A.8th) 84 F.(id) 829; Cusamano v. United States (C.C.A.8th) 85 F. (2d) 132; Spero v. United States (C.C.A.8th) 85 F.( 2d) 134; Slade v. United States (C.C.A.10th) 85 F.(2d) 786; Cary v. United States (C.C.A.9th) 86 F.(2d) 461; St. Charles v. United States (C.C.A.9th) 86 F.(id) 463; Goddard v. United States (C.C.A.10th) 86 F.(2d) 884; In re Lee (C.C.A.5th) 87 F.(2d) 142; Wainer v. United States (C.C.A.7th) 87 F.( 2d) 77; Fitzpatrick v. United States (C.C.A.7th) 87 F.(2d) 471; Miller v. United States (C.C.A.9th) 88 F.(2d) 102; Hightower v. United States (C.C.A. 9th) 88 F.(2d) 302; Young v. United States (C.C.A.10th) 88 F.(2d) 305. Compare Fierman v. United States (C.C.A.3d) 84 F. (2d) 968.