Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1875-06-05
From the Columbia Herald.l
JURY LAW UNCONSTITUTIONAL.

The Supreme Court of Tennessee,
in a recent decision, pronounces the
jury law passed by the last Legislature
unconstitutional, null and void. 1t is
an exceedingly able and interesting
opinion--written by Judge Nicholson
and we regret we have not room for it.
The case is stated so plainly and un-
derstandingly that we copy it:
Samuel Nj. Neeley was one of the
regular jurors appointed by the County
Court of Maury county, for the May
term, 1875, of the Circuit Court of that
county. After serving three days the
Jurors were informed by the Circuit
Judge that their compensation as ju-
rors could only be provided for by tax
ing the same as costs against the losing
parties, in pursuance of chapter 2 OF
the act OF 1875. Whereupon Neeley
declined to serve longer, and for so re-
iasing the Circuit Judge imposed upon
kim a fine of so for contempt. From
this judgment he has appealed to this
court.
The Court then goes on to say:
at cannot be controverted, that it is
one of the implied aud necessary con-
ditions upon which men form govern
ments. that sacrifices must sometimes
be made by individuals for the COM
mon good, for which no compensation
can be claimed. Such sacrifices of
time or personal service, or of prop
erty. are compensated for the protec-
ton which the Government furnishes
for their rights of person or of prop
erty.
Courts are an essential part of the
machinery of Government, for the
preservation and protection of their
rights. Juries are necessary portion
of the courts; and whenever it be-
comes proper to require che services
of jurors in carrying on the courts,
this service may be required, and, If
need be, even without compensation
but this must be required in pursu-
ance to laws enacted for that purpose
by the Legislature"
The reasons assigned for declaring
the Statute unconstitutional are suc-
cintly given:
Again, the bill of rights guarantees
J. TO every citizen the right of trial by
Jury. without violation, and BY the 7th
amendment of the United States Con-
stitutiou. it is declared that the right
of trial by jury shall be preserved.
This maniiestly means that the right
shall never be encountered with con-
ditions, which, in their practical opera
ton, may impair the free and full en-
ioyment of the right The act of Feb.
! "a. 1873, leaves to the citizen no dis
erection, he must enjoy the right If at
! all, upon the condition of being made
responsible for the compensation OF
the jury which 10 practice may, and
probably would, entirely defeat the
4 enjoyment of the right.
I'VE fully appreciate the patriotic
motives which Influenced the Legisla-
ture in the passage of the act under
/ consideration. 1t was manifestly de-
signed as measure Of economy, and
we do not undertake to question its
wisdom in that view The response
bility is deyolyed upon us, however, TO
protect the condition from infraction,
and as far as in our power, 20 preserve
the right of trial by jury from violation
or decentralization. while we are re-
| luctunt at all times to differ with CO.
ordinate branch Of the Government, as
to its constitutional powers. yet We
cannot discharge our duties without
doing so unhesitatingly, when such
differences exist. We are therefore,
constrained TO hold the act Of Febru-
airy "a. 1875, unconstitutional and void.