Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-25

This ia bublecb aomeWn AZ uiincuE OF ADJUST |
ment and DO exact justice between the ublic
and individuals. Therefore, what is the best
practical thing that can be dOnel In giving our
views, we will frat give some figures. The
jury fees in civil causes, paid.by the county Of
Cuyahoga, in 1859, amount to about $4,000,
OF this sum there was paid by the parties the
sc fee in each case. ss4O. Tho question nat
urally arises, why should the public, who have
no interests in the suits, pay the ditIerenee!-
Our readers will remember that by the law Of
April 10, 1853, the fees of regular serving Jurors
were raised from 81 to 81 50 per day. We
are not referring to this for discussion, but for
illustration.
=. case takes one day for trial, tho expense
for the jury is therefore Slsi two days, $50,
and so on. It has been urged by some that
the party in whose favor verdict is returned
should pay the entire expense Of the jury be-
fore recording the verdict.
This sounds well in theory, but how would
it work in practicel Suppose the trial of
case is commenced one day, verdict returned
the same, and another trial begun as is of fire.
quent occurrence, Low are you to determine
what portion shall be paid by the successful
party in the first case, and the successful one
in the second Or, when the first verdict is
received, how do you know whether other cases
will be tried or commenced the same day, or
how many!
Again, many actions are prosecuted which
really have no merit; are instituted by irrespon-
sible persons for the purpose of subjseting
their adversaries to harrassment vexation end
expense. The latter are obliged to defend,
must pay the costs they make in such defence,
notwithstanding the judgment in their favor
against their worthless prosecutor.
Ia many cases such expenses are quite
heavy. It would be hard to add to them jury
fee Of SIS, $50, S4S, DC, aud absolutely unjust
to DO so if any good method will Obviate the
existing objection. We propose the follow
ing;
ing in any Of the Courts of Common Pleas,
District Courts, Superior Courts, or Courts OF
similar jurisdiction that may hereafter be estab-
lished of this State, by the Constitution and
laws thereof, triable by jury, if the Court in
which the same shall be pending, shall not, on
reaching the case for trial, direct the trial there
of, OF any issue OF issues made therein, by a
liury, and either party shall demand a jury fOT
the trial of the same, such party shall actually
pay to the Sheriff of the county the sum OF
six dollars, as Jury fee therein, before proceed.
ING to empannel jury for such trial, which
Jury fee shall be taxed in the bill of costs as is
} now provided by law; and in case of such non
payment, the Court shall proceed to the trial oI
the cause as If the same were not otherwise
trisble by jury"
We are no admirers of mere experimental
legislation. On the contrary, in this respect
> think "the world is governed too much; but
believe, without going much into detail, that
such an act while it would impose no Onerous
burden on the poor but just seeker Of bis
: rights, would be an equitable and practicable
way of overcoming this public evil. t
Large numbers of litigants Of all grades as
to property, would have their cases tried by
the Court, instead of advancing the jury fee.
, Causes are tried by the Court much quicker
than they can be by jury. Thus the terms
would be much shortened, diminishing genera
Jury service; and there would also be q dimin-
ishment of attendance of witnesses, and Of ex
penss to parties in this respect. Parties gener.
ally, notwithstanding the high estimate they
put on the right of trial by jury, (and may il
never be abolished,) and the regard they have
for the intelligence and uprightness of jurors
are equally content to have their causes tried
by the Court; and those hoping for victory on
getting jury stuck, viii not usually "manifest
their faith by their works, by advancing si1
dollars.
Al We believe that those for years continually
familiar with proceedings in Courts, will, in tht
main, if not altOgether, acknowledge the cor
Tectness of our views, and the PRAcT1CABILITY
of the propOsedPlan.