Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-07-13
VERY DANGEROUS LEGISLATION.

Inc Dill introduced anu pitSSeu ny lne
Senate providing Criminal Court for
Knox county, proves on further eXamina-
ton to contain provisions startling and
dangerous in their character. AS before
stated by us, the bill provides that the
Judge shall have salary of 81 800, which
is to be paid by a special tar to be levied
upon the people of Kaor county This
Judge, in consideration of the small
amount of labor to be performed, and OF
the insignfcdncc of the salary, is to be per-
mitted to practice i'm the other Courts of
tie State.
But Objectionable as are these features
of the bill, they are not the worst. The
bill provides that the Judge shalt select the
Jurors for his Oocn Court This is an inva-
sion of the time-honored custom of select
ing jurors, and we believe it to be Il direct
and dangerous blow at the right Of trial by
yjuyy Heretofore, the law has wisely pro-
vided that the jurors should be chosen by
different tribunal, or by an officer indie
pendent of and free from the control or
power of the Judge presiding. Take, for
example, the present system of selecting
Jurors for our Circuit Court. The regular
traverse and grand jurors are chosen by
the County Court-a tribunal perfectly
independent of the Circuit Court.
BY this system, even through bad men,
it is rendered almost impossible to control
the selection of jurors. Diverse interests
enter into the choice of iuries, and even
where corrupt intentions exist, it is almost
impossible to control all conflicting intlu-
ences and attain the wicked end. This is
the reasoning and object of the law, recog-
nized and practiced upon for ages In
cases in the Circuit or Chancery Court,
where the regular jurors are engaged, the
Sheriff is called upon to select others for
temporary use. But in this case, the Sheriff
| is Independent of the Judge and not liable
| to be controlled in his action. In times of
high political, excitement, even with all
these safeguards, abuses will sometimes
| take place and Justice be defeated.
But this Criminal Court bill strikes down
at one blow all these precautionary mea-
sures heretofore respected and gives over
into the hands of Il single Judge the power
not only to administer the law, bit to select
his Ou7 jurors to pass upon the facts and
the law as he CONSTITUTES it. This not in
civil cases, but in IA Court to have crciusirc
original jurisdiction of cases involving the
character, liberty and Tires of the people of
| this county. But this is not all. This
Judge who is given this unusual and
dangerous power is permitted to sc
into other Courts and there engage
himself as counsel to parties liti'
eating. suppose, as is very often the
case, there are civil causes pending in the
Circuit or Chanccry Court involving the
same facts, and between parties interested
as prosecutor and defendant in the Crimi
nal Court. Suppose, again, that the Judge
of the Criminal Court leaves his bench
and, as counsel In the Circuit Court take
fee in behalf of plaintiff who at tina
time or thereafter becomes II prosecutO
, | against the same defendant, in his owl
court AS counsel he naturally sympa
thiseS with his client and imbibes his pre-
iudices. Is he n fit man to preside a
Judge, with the power to select the juror
in Il case in his own court, in which is in
volved the liberty, character or life q
; his clients opponent? Most certainly not
But says one, Il Judge would never pre-
' that. 1t is safest not to give him the pore
f of doing it. \ law which is capable q
such dangerous abuse is IA dangerous law
t There is no safety in legislation whic
q hangs the life or liberty of citizen upo
the honor or sense of propriety of even
judge. The experience of the worlC
e through three hundred years of litigation
d is that such laws are dangerous and unwisI
Are the people of Knox county willin
to try this new experiment? Are they vii
: ing to give this extraordinary power owe
into the hands of Judge, to be nominate
Il or elected rs partisan by partisan Cor
J, | vention, such as met here last Monday?
This bill was prepared in this city fC
some particular object What is that obje'
t and who is the man to be Invested with tn
O extreme and dangerous power?
q 1t is of this bill that the Press and He
y aid said: at Is IA wise step and we al
, only astonished that such Court has M
/. been established before. We earnestly hoI
y that before another week has passed, "
= can say that the bill has become a law"
The Wing likewise approved it. Th
u Is fair specimen of Democratic legisl
n ton and demands the serious considerable
: of every honest, fair minded man.