, 1873-02-23
Meeting Of the Judges Of the
Circuit Court.
Consideration of the Important
Question Of Mileage.
Argument of Messrs. Root and Hardy-.-
4 Decision Reserved Until Tuesday.

| The case is briefly as follows: The jurors ap'
plied to tho County Clerk for their mileage, an6
! the Clerk, under instructions from Coun
ty-Attorney Root, under the new law
| refused to pay any mileage beyond thei,
their expenses for coming to the city and going
home again. On the application Of the jurors,
who we're represented by c. n. Harding, rule
was issued requiring the County Clerk to show
cause why he should not pay the Jurors for their
actual expenses.
Mr. Hardy briefly argued the case for the
jurors, sitter which he was followed by the
County Attorney.
Mr. Root said he was gratihcd that the Judges
had consented to consider the question in full
bench. In arriving at the intention OF the Legis-
lature in framing this statute, he would merely
call attention to the fact that that body had be-
fore them the Constitution Of the State, and
did intend to comply with it. In one Of the
divisions of the Constitution there Was pro-
vision that the laws should be uniform. The
Legislature was prohibited from passing special
laws. There was only one exception to this
principle, and that was in fixing the fees Of Off
GERS. They were authorized to divide the State
into three classes, and Cook County was placed
in the third class. The State law must apply in
Cook County, ~ it did in other counties.
The principle Of uniformity applied in this city.
Having fixed general law in this county, it
must be uniform, and not so result as to be lu-
cratiye to some and 8 loss sof time to others.
Tho question WAS, whether it was meant to be q
compensation to jurors, OF to cover their actual
travelling expenses for coming and going to
court. The law provided ten cents 3 mile for
going and coming to court. The phraseoloy WAS
little awkward and should have read going to-
court and returning therefrom- This WAS eTi-
IDENTIFY what was intended The word service
here must not be taken to mean the labor he
performed, for in the old law he WAS
allowed FIVE cents for mileage, and "ser-
vice" over and aboYe of s1.5o day,
The service must not be confounded with mile
age, and the word service might have been
had been abolished. One of the reasons why
the Legislature changed the law was because the
State claimed it to be the duty Of the citizen to
render service to the State to assist in carrying
out the Law without compensation just as in
militia service, OF pay . fine. The juror under
the old system could have dono what he chose
with his $3.50, but under the new system he
was obliged to perform the duties Of juror for
nothing he "sg n9t 5nro1 + unt ne 1sss KS
and 1856. Tho new law had given the
Juror ten centa mile for both ways. instead Of
i've cents for only one way. and had stricken out
the $3.50. The construction claimed for the
statute led to most ridiculous conclusions it
violated tho law Of uniformity, and violated the
intention Of the Legislature. The County Board
had done their duty, and we're presumed to hare
done the best they could. Il they had not taken
u proportion Of gentlemen from the city it Has
because they had good e1cusea. Mr.. Root WAS
crediblY informed that number OF professional
Jurors from the city had located 1T Hanover,
thirty-five miles from the city, to obtain mileage;
while 1876 jurors from Palatine had presented
themselves in the city to administer Justice for
city he had done his going, and when he. got
home he had done his coming. When he WAS
going back and forth for lunch, he Was not 4
juror. The County Attorney could not under
stand how the new Law differed from the old in
this respect. That the Court could take reooss
for few minutes, Or that the juror could take 4
train aud go home during recess, Was no proof OF
necessary travel. The members Of the LegiH-
lature could have claimed their mileage for re-
cess every Saturday.
Judge Rodgers inquired the language OF tho
Constitution On that point.
Mr.. Root read the section fixing the mileage.
The State Auditor would have laughed at any
member who claimed mileage for every journey
he made during recess. He himself could
have made money that way, II the law, permitted
such thing.
Judge Tree inquired what the law VAS with
reference to witnesses, which Mr. Root read; tho
law giving witnesses S cents q mile for neceB-
sary travel. The Law WAS the same for witnesses
and jurors.
hIr. Harly-No, it is not.
Mr. Root can see no difference.
b1r. Hardy-One is for necessary travel, and
one for actual travel.
Mr. Root said the same law applied for Off
GERS. Were all these parties who we're entitled
to mileage authorized to determine for them
selves whether there WAS necessity for their
trayel they would all be putting their hands into
the public TREASURY. The object Of the law and
the Constitution was Justice to all parties, aud
they therefore determined to put all on the same
footing. In going to court, juror was only
summoned once, and being in the Jurisdiction Of
the Court he had no right to leave it. Therefore,
there could be only one returning. If thus ques-
ton Of neceBsary travel WAS to be left to the con-
science Of the juror, then it was new mode Of
getting money out Of the public treasury. The |
Legislature had the 1evying OF certain tax, and
it could not be dishn-,ed except according to |
law. No individual was allowed, by affidavit or |
to put his hand into the treasury and
help himself. The County Board would never |
know how much these jurors would require for !
their services and could not. therefore, make any
By very slight alteration, /
the law could be made to read that the jurors |
might be allowed ten cents for every lunch
actually eaten, and he might eat d lunch every
fifteen minutes.
Mr. Hardy rose to reply.
Judge Booth asked whether Mr. Hardy would |
consider it actual travel for juror to take 3 |
street-car aud go two miles for lunch.
Mr. Hardy said he did not know, and no one
knew.
Judge Tree asked i he could claim mileage
for journey to Hyde Park every now and then
during recess for lunch.
r., Mr. Hardy claimed 14 that Juror could do So
n the consideration of this question:
ae claimed that the Bench should
AXE Judicial notice that the Board Of County !
Commissioners had failed in their duties in
..electing jurors, for the Judges were compelled
frequently to issue special venires for jurors not
IN the Jury list furnished by the Commission
'za. As to the question Of conformity, the argu-
nents OF counsel, he thought, failed to demon
'trate it. So that after ali, the question had to
oe left just where it VAS found, With no adjudi-
;ation. The only pertinent inquiry WAS, What
lid the Legislature mean ? Was man to be
from distance Of thirty-fTe and
orty miles at his own expense, and live in an
expensive city for the administration of Justice,
While in other counties juror was allowed $3.50
or his mileage and expenses. These persons
Fere not professional jurors; they we're respect
Ible men, desirous Of knowing whether they
f1 har f1r air ]