The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-12-24

ing lawsuits as they do smallpox.
In all its aspects, jury service is
the most detestable of human occupations,
and because Of this fact the aTocatien Of
jurors has become professional. About.
each village and city court house and It's ad<.
jacent rumholes, maintained mainly By pro-
fessional jurors, there Is abeheheent class Of
idlers who become benefactors to the ex-.
ent that they relieve valuable, active, pro-.
ductiye citizens Of tasks a. needless as irk-i
some and disagreeable. The court yard
loafer and professional juryman Is not there
fore to be denounced. Hemay swear 50 Of
ten, aud kiss the good book so constantly
that the process no longer inspires awe, or
even seriousness He may absOlutely be-
unconscious, as commonly happensg of
the sAnctity Of an oath, simply
because his normal condition is that
of sworn juryman; but for all that he is
public benefactOr to the extent that he is.
substituted for productive citizen in the
discharge of duties for the execution Of
which the public is already too heavily taxed
Selfshness or knavery or blunders or mis-
fortunes have dragged two people into
court, that their, differences. may be com
promised, and then, fOrsooth, two lawyersor
more, the witnesses, a sheriff or two, as
many clerks and learned judgelAal these
with the blessed twelve jurors must abanl
don other avocations and devote hours or
days, or even weeks to the adjustment. Of
matters often the most trivial. Judges, such.
is the stupidity and careIessness of con-
stantly sworn habitual jurors, are author
lied to set aside verdiets, aud it only
amazes US that this conferred power Of
judges did not suggest the spropriet8
of Investing them originally with the
whole power to dispose Of the whole
case-the facts as well as the law. IF
one or both itigants demand the luxury Of.
jury, let them pay for it. Its none, Of the
business or duty of the community to pay
the cost of settling the diffsreneesiOf in
dividuals. Newspapers that never think,
unlike the Age, have denounced honest, IN
dustrious people because they evsded this
so-called duty of jury service. It should.
not be avoided to the extent that the law re,
,quires its discharge 7bnt the law shouldlbe
repealed, and plaintiffs and defend dants'
ethemsclves, and not the county, should pay
flor the jury service they require at tho hands
Of their fellow-citizens, Judges are infnitslg
more liable to make mistakes of law than
Of fact, and if especially authorized to de-
fine the law, they are infinitely better quail
fled, from habits of investigation and cult
waited powers Of discriminatlon and percep4
tinn, to weigh the value Of testimonysls 4e
Burdens of taxation will be perceptihly-
lessened by this absence of whisky headed
jurors from seats of justice; public morals
would be greatly promoted by the expul-
sion of loafers from country towns, drawn
thither for jury service; and justice win
be much more effectively and promptly ada
ministered. And when we reflect thatsthe
security of all property and personal. rights
] depends more and more upon the wisdom
and purity of the judiciary, its creation by
proper means becomes the most important
question to be determined by the coming
constitutional convention. The greatsource
of justice and right was once in the ballot
I box. Federal intervention and partisan in
sanity has blackened and corrupted it. The
creation of the courts must rest with the
Governor and Legislature, and cannot safely
be entrusted, as society now exists, to uni
yersal suffrage. - ,EoA 70 las