, 1873-02-26
MILEAGE OF luRYMEM.
Jury Service No Lager a Profitable
Employment for Palat1no and
Other Cook County
Farmers,
Tho Judges o! tho Circuit Court Decide that
Mileage Shall Be Allowed but
"onoo Each Way"
In tho matter Of tho mileage Of jurors, Judge
Trse delivered tho following opinion yesterday

In tho n1Attor Of the rnieaBo Of jurors, Judge
Trse delivered tho following opinion yesterday
morning,
rhl. u N application Of J. 9. Hamilton snd others,
tho tu pamela of tais oSuF 19r rs npon the 70
Der Of miles actually travelled BY them eae day of thor
service e the Court for tho purpoao ot enabling them
application ia based upon tho last cauao Of tho forty
Fourth section e tho foo and alary aot Ct 1879 which
OF tho third cass shall receive only for their aerces
sent. pes n9 .ssus trays going aud coming to
g s ct
~ ~haS Rs II sops
nd returning from court during 10 perio1 Of bis
Pat 2. he county hst y oy entitled Y mileage
NE 1e
the sum Of $50 per day, besides cents per mils
ee Ss o E os ft e
Juror. .
Il pyyo1ea ss q Gt are m
of record shall DO paid for their horvices tho Per
fet t. sns
%ssss 81
er services ID oenh rer nle actual travel going to
and coming from the places Of holding Court; . .u,,x
tbs jMer il eounsits of the third olssa mileage for
each days actual travel baok and forward only once
not not of III; L. thrd eisss vesottod ruie IN the
interpretation Of statutes where !ta words Ere no.
5hs nisshiot fct and Tho remedy IN v1ew. The Legs
lature had como reason for providing that citizens n
Ws u aow e q
other county In the State. WHIT was Tho reason7 II
ssa y s1Rss:ns s 1a. m ss :ssp ps5sa. Tsa 5
sns jaIy I'D, ot sn gradasl!y eFsw VI md
whieh ttsched to the posltion: Tho.s nen became
obneos Is eSssy one ba9ns anything to Do with tha
administration of justiee. Il L owl, perhaps,
Iegslature seemed 70 have thonght %, md evidently
designed to moos and remedy tho evil by requiring al
psnsao o1oept me.ss IL depsns s rof
shis county of sny per asm COMPENSATION. docs ths
q u o s ha Z
than jurors in the other counties Of tho sae e1cep
in tho ratter Of giving him 10 centa tnste.d af
Ise of te words actnal travel ia that portion of IL
section relating to tho Jurors In this county while th
When Citizen il once summoned, and appears ~ =
court Court until his tam Of seTvieo expires Il ho come
from distant pr. Of the country That # would
S g on es'Ts
following morning. It would b necessary for him t
sses ,1s to g sea n@ss W. zig
auit their conseniencet hut st tho sa1na time,
their own peril II would bo no sufficient o1cuso for
juror ardy in attendance that ho lvod far fror
the court that ho could not conveniently reach It whe
1t convenee for bnsneea other view would tende
ii kimposdibe to administer Justice In tbs courts.
thea, tho juror required to bo In attendance upo
the court Ut ali times when his services required
does hs actual travel constst In the journey whc
he mikes to The court when ho is summoned and u.
which ho makes to his. homo when b
Is discharsed7 II this is - eorre:
v1ew Of the duty Of d juror nit
regard to bis attendance nt court, the
there il no substantial difference between tho uao
the wordn 'actua1 and necessary travel. In man
Of the statutes Of tho aovers states rolang to Juror
%s1tnessos members Of tho Legislature, and Of Coun
Boards. substantially tho Same provision occurs wt
always bcen construed is allowing mileage but on
each Why. It may bo conceded that It u hAzdsh
upon citizens to require them to leave their homes
serye an jurors for weok without any compensatio
Ing Of the law to that does not frequently opers
ah great injustice. But TINT Ia m argument wh
may be properly addressed to tho 1aw-nakin8 pow
Aud one which couFts cannot eous1det, II the u
ii clear. The Legislature has tho power
Impose tho burden upon tho ctzon, and II 1t operat
oppressigey my elaas, 1t is from that quarter th
they must procure rellaf. ="
II Ia the opinion Of majority Of the court, Jud
Rogers dissenting, that tho Fu1a must be denied.