The new daily appeal. [volume] (Carson City, Nev.) 1872-1873, 1873-02-14
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TIE juicy LAw.-The bill restricting
exemptions from jury service, proposed
by Mr.. McClinton, was discussed in the
Senate, yesterday afternoon. for three
hours. We found ourselves preparing
an octave volume out Of this important
discussion, but rather than burthen
small country paper with a report which,
If not set forth entire, had better not be
reported at all, we have sacrificed our
selves to an extract. The Senators. gen.
orally, took part in the debate, but the
most of the talking seemed to devolve
naturally on the one side, upon the au-
thor of the bill, Mr.. McClinton, who had
bestowed considerable pains and a high
degree of intellect in framing it, and
Mr.. Phelan, on the other side, who dis
played much earnestness and not less
wit in opposing the bill, especially that
portion Of it which provides that fire
men be no longer exempt from service
AZ Jurors. Mr.. Phelan is an active fire
man himseh-the only member of the
Senate that is SO. He spoke from ex-
perience. He said the duties of the fire.
men in Virginia City are arduous in the
extreme. At one time the fires in that
place had been AS numerous as 40 in one
month, aud that now IN average of two
alarms occur every week which call fire
men out at all times of day and night in
every sort of bad weather through snow
mud and rain. They do all Of this dis
agreeable work and endure every hard
ship incident to the fireman's life with
out a cent of pay and purely for the pub
lie good. MI. McClinton agreed with
the Senator ut all points. He thought
that such earnest public spirited men
should be glad to serve their country in
the additional important capacity OF
Jurors, also. 1t seemed unfortunate
they should fall into such a fault as
that of unwillingness to serve the
State in this capacity. Why not
make an occasional sacrifice to this end
as many exempts have been doing with
out reluctance heretofore. The jury
system under the present accumulated
distractions and drawbacks is verginS
apparently towards the point of useless
ness and the perversion of the republi-
can spirit in which it was conceived. The
spirit of the trial of citizen by twelve
Of his peers is growing to be a byword
and reproach. And wherefore? Simply
because men now empanneled and able
to qualify as competent jurors under
the present law are not representative OF
the presumed intelligence and general
worth of the community. Besides all
this, there is not half the hardship at
tendant upon Jury service as claimed.
Take Virginia city for example-the
point of departure for the argument OF
the gentleman on the opposition. There
are $50 firemen in that city. 1t has
been calculated, and the speaker believed
correctly, that each out of that number
would not be required to serve as juror
oftener than once in three years. But
suppose only once in two years; or only
once in twelvemonth even! He believed
that the jury duty required OF tiremen
by the bill would not detract anything
from their usefulness or their enthu-
siasm. They would appear then as be-
fore, dressed out in a red shirt, with
broadcloth pants turned up just little
at the bottom to show their well polished
boots and swelling with the honor OF the
profession, feel as important and would
not change places with the President of
the United States. HethOught it would,
in fact, be more consistent to exempt
farmers, who have to travel far to the
county seat in q majority of instances;
whose mileage is inadequate; and whose
absence often proves a material loss by
direct injury to the affairs of the farm.
The bill was amended so as to exempt
firemen in towns containing 1000 in
habitants or over; and afterwards amend
ed further, SO as to hold all firemen free
from jury service. The bill is not yet
passed. It has been pulled and hauled,
and when it passes, if it does pass, few
there will be to recognize it as it origi-
nally came up for Kidding.