The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-14
JURY DUTY.
.In,,rnnI Of Cotnneroe

From the " y. Journal Of Commerce.
IL is easier to point out an existing evil
than to prescribe remedy. Jury trials in
some parts of the country have become dis
grace TO our system of Jurisprudence. Most
of the judges trace this fact directly to the
unwillingness of competent men to serve in
this capacity and Mayor Hall has prepared the
draft Of O law exaoting obedience to this
requisition from every citizen summoned to
the duty, under the severest penalties. We
have not space to go over the whole ground
at present, but we wish to submit few sug-
gestions bearing on this theme as aids to
further discussion.
And first, the farces enacted in the jury
room, and especially in criminal cases. to
which special reference has been made, have
not been attributable to the absence from the
list as originally drawn, of all the intelligence
and virtue that exist in the community, nor
to the utter unwillingness of all this class of
citizens to sit upon the trial. The judges
have themselves to thank for that stupid rule
of law which virtually excludes from the box
In such cases nearly every person of ordinary
intelligence. To have read any full report of
the crime for which the prisoner is to be tried,
to have formed any opinion, however vague
and indefinite, concerning his innocence or
guilt, or to have conscience that will not
allow the denial of these facts or impress
from the select twelve who are to render
the verdict. Who has not seen scores of
men of unusual intelligence and sound judg-
ment set aside, one after another, under the
application of this rule, and twelve persons
far below the average of the list, including
some of the rarest ounces in the community,
ultimately sworn in as triers of the case,
simply because they knew nothing of the
facts and had formed no opinion? When
Of inta nj b;oho obo,o a1a
are mixed in with others in the box, it is
usually because of their absence from home
when the crime was committed or of their
extraordinary absorption in other business
while the excitement was fercest and the topic
was publicly discussed. Not until this rule of
law is modified can there we'll be twelve intel
hgent and impartial men selected for the jury
trial of an important case. Often the entire
panel, including hundreds of unexceptional
citizens, is exhausted before the suitable dozen
can be found to match the absurd requirement.
But again, and more briefly: the large list
of exceptions from jury duty leaves the bur-
den to fall unequally upon the community.
Not only fremen and militiamen who have
served their term, but some whole profess
sions, are exempt. 1t is all very well for
lawyers, not one of whom is ever summoned
as juror, to censure other citizens for seek
ing to evade this service, but how would they
like it in their own case? {? We think there
isn't one who would not twist as many ways
as an active raorohanr- oiher man of bust
ness does to evade this unwelcome call; and
yet, Notwithstanding all that has been urged
on that side, there is no sufficient reason why
lawyers should be wholly excused.
We long ago described the difficulty, and
suggested several methods of relief. 1t is
perfectly absurd to ask an active business
man, whose time is not only money to him,
but whose constant attention to his own con.
Germs is absolutely necessary to his success,
to leave his own pursuit at his own cost to
settle other peoples differences, especially
when the latter, as often happens, involve Q
much less amount than he will lose by this
call. We would allow all civil suits to be
| tried before judge alone in every case where
neither party demanded a jury. This would
| strike out the call for such service from three
fourths, if not nine-tenths, of the civil cases or
the calendar. There are few disputes in which
both parties and their lawyers would mo-
rather leave the decision to the bench than to
the jury box. In the remaining cases let any
party demanding jury be compelled to give
| security for the payment of a sum sufficient
to furnish ample remuneration to those wht
may be compelled to give their valuable time
to the task.
We would extend the same principle t.
criminal cases, allowing all those to go befor
the court without jury who might so elect
reserving to every person charged with Grim,
the right to trial by his peers upon his de
mand, the public purse to pay the jurors
handsome price for the service. We woul
add to this the repeal of the absurd rule unde
which challenges for cause are now preferred
allowing, except the limited peremptory pr
vilege, every man to be sworn who is nc
too biased to render an impartial verdict.
these reforms were effected, the remainin
duties would be light We would then CON
pei every man of every profession to serv
when summoned, unless he could show a res
sonable personal excuse, and to shut off re
peaters, who might wish to earn the hber
pay provided, forbid any man from servin
oftener than once in three years. The dut
would then be less irksome, and being re-
sonably compensated, the exaction would NJ
be as oppressive as it manifestly is at presen
THE sEMI-oENTENARY OF SUSAN.
From the NJ r. World
1t is an interesting fact that the fiftieth al
niyersary OF the birth Of Susan b. Anthor
will occur tomorrow, and it is matter of
still more intimate interest that the dav wi
be celebrated by what in the parishes of Ne
England is known as a donation visit" at I'll
Office of Ahe ReDOIutiOn.
''The clock, " it has been said, "marks tt
interval from hour to hour; but no bamm,
on the horologe of time peals out the cbane
from era to era" Nevertheless, there 81
certain solemn and affecting landmarks
history, as in space, to arrest for moments Il
attention of men. The 10Th of August la
year was the centenary of Napoleon. The 15t
of August next year will be the centenary
Sir Walter Scott There is felicity in Il
t intercalation between these two famo