, 1875-10-12

: * " :
! suggos.on wan ono that lad lofoso made
through your columns thRt tho fmnlurta prif-
eipio IN our jury BSstena waa tho scrAratSon OF
questions OF law from questions Of fact, and
their tlcrlsion by different pcrsonB and that tho
| number qualify. mode OF solcctIon, anil torn, ot
nttlca of lnrymon wcro tnct,1enta wrt, might
vary with tho character ami degree OF civ.lixn.
slons, Viii, your permission, wish now TO say
why II scena to that, for city courts. 1t would
bo wisc to establish sysscm pf permanent sal
arieu Jurors. Tho reasonB may bc coucisoly
stated. uudor two hcatis:
IIrs'-Why it 10 beat thnt tho questions Of
law aud fact ahould be decided by different pcr.
eons.
>tcond-Why permanent jurics would DO de-
eirahlo aud practicable for our city courts,
1t scoms TO mo upwise to imroho upon 5a'1Sos
| the work Of deciding toth clnescs Of questions,
| hccaso bntl. our social anl legnf eystc,uB have
| beeo1ne 30 complex that M ordinary hl,man 10,
10 tbs 1t, au Of such labor nud responsibility. It
| III not on1y too Boyero for ono person. but tho
work can 10 hotter Aome Il properly divided: Nc
sp9a Which our nonGIfso ~ mosf'nltss iho IRE,
vices Of minds Of strength and training auili'
| ciont to Insure tho constant separation OF tlo
| two clasacs Of questions, aud Tho decision Ut
lie duty of tho jury Ia aay wetler tho prsoner
did tho act charged; and Of tho Judge tos wh"
!lnunr tho law. ahall bo done to him. II fe woll
known TINT turics constantly modify their vcr-
dict according to tho ponssty TO folinH 1t. 1t II
doubtful whether tudges would In all cascs, bs
free from the 8anle fault
Tho larger number Of hsblters. md the dvis-
lon OF their functions, oul!disnlnish the danger
Of corruptuu, error, or Eartiaity This division
Of 1ntos Is not only wiso ia itaeit but tho pub
l'c In thfa colntry Ia now fully accustomed to 1t.
and would hnvo less confidence In tho iustlcu Of
deciBons inado wholly ly QUO person.
1t aeenls to me that 1t would bn wiae to appoint
permanent |urca Tor our city courts. for several
reaaous. BY this mcauH tho separation OF aues-
uons OF law from questions Of fact may TO made
nYen more cotnNlete than under tho present sys-
| tcm. Tho insufficient fees now doled out to
| twelve unwilling or inco1npotent pcrsons-~fo1
city jurieH muHt, In ma jority OF caaos. DO QUO
| or tho other-would suffice, 1t concentrated upon
small nnInhor,. TO secure tho services OF
| trained aud carablo persona. II tho componBa-
tion and method OF appointments. were--As they
might bp-ao arranged hs to maho tho positions
equal in dignity and honor to thoso Of Tho Judges
Of Inv, society might as oassty secure peraons Of
known character, ability, and training, to decide
questions OF fat. III It now secures them to de-
| cdo questions Of law, 10 submit tho decision
| Of inportant-or untrnportant-oau to tue
arbitration Of Tom, Dick, and Harry, picked up
wosso, from The bystandors or tho street, when
mon known to DO suitable for the work can be
obtained at greater cost, IL relic Of barbar-
ism which disgracea tho wholc Anglo-9a1on
| raco.
by this n,oans tho position OF Judge Of fac.a
dignity, almost TO- tho level OF TINT
of q, ;. Judge Of law, f. from NJ! Which q
leEai knowledge required. Honor III moro pow
otiul than money Ia attracting the servicca Of
men Of character and ability. To be called to
| judge cnuses heEYoon man and man ought to bo
one Of tho highest possiblo testinonialH to tho
] capacity and Integrity OF any citizen. Tho posi-
tons Of jurymen ought to bo groat social dis
tirotions. II they Le made 81, they will be-
sought, as Jnagoshfps now arc, by persons OF
SONS DO much n,ore likely to gain tlem than in
rrnpor persons nov ARC to attain Judgeships.
| Gndor such Bystoul our Causes might DO decd-
| cd by persons Of known character, capacity. aud
| trimming. l.y whom arc thoy decided ncw7
| Society has no right to impross the services OF
indtviiuala to docldo questions at issue between
litgapts. unless Justice can probably be Becared
IN no other wny. In tho light Of shesc suggcs-
ssS1 snoa IT, IT, ssoa sa ss.
Of orr present Jury. Bystem which
n,s rot already sossod ,.a,,, e be yalua-
It may 10 ssid that thcro are but two principles
which can Justify tho Stasn IN improBsing tho
tilne or property Of the citizous. Onp In that
which mskos Il proper 70 condemn mans land
paying hIm ita full value, II Il bo Under tL,a
| principle that wo do Jury duty pay u what out
time Ii worth; anl not throw tho burden whicl,
otthor society or tue lltfgans should bear, upon
jurora. Tho other IL thAt whicS makes it propol M M
10 call ovoty citlzon 10 arms for TIM public do
ferlHe. II it bs under thiB principle that wc
eoryn on juries, mako tho cali peremptory and
! impartiai. nnd not spa1o pprBons who nro con
| duotnH important intercsts. though
their t,1no may ho,-and thereby throw greater
hnrdeus on class who Aro less nbo 10 beai
thom than tfoy.
Tho foregoing eoom to mo tho mnin fnnda-
! ,nhptai rcasonB in favor Of permanent Juror
for city courts. Tho practical advantages would
bo all thosn which wou}a ilow from having on,
cauHes decided by mon Of capacity, integrity,
training, and standing In society, inatoad OF pick
ini, up tho worthioas haugcrs-oa of our munlc'
lpal courts, Or dragging In ovorworkod and un-
willing huancss mon ffom tho conduct Of their
owu afars.
may anticipate tho most acslous objections
by saying that, ms to tho nnucBeity Of maintain
il,t,, not only the integrity oi our courts, bu
public confidence In them, and tho unwisdom ol
shocking pulltc sentsn.ont by great and sulLes
I ohangeh III Established inBtitutlous II sooma te
| ha conceded on all sides that something ought Il
be done; and as this plan preserves the eBtab
lised fotms and natueb, and IL likely to more
certaiuIy conflne tho juries TO tue exercise ol
their proper functions, md at tho eatno tmc--as
tion Ut iubt1eo, TINT tho public will bo as Akpl,
to accept 1t cordially aB any other change tha
can bu tuado. Az to tho political vnluo Of til,
present System, which DO Tecquevl!o md q;
many others havo pointod out, lfo not buliov.
that with our preaont abundant moans of politi
cal education apd training. Il IN anywhere ri
valnablo al IT used to be; TINT III the cit!es d
any rate,-ana them suggost!ons only hive 1ofor
once TO city courts, s,~-tGo political adyantsges-
that III, tllo iabituai partioipatiou ot \ large
cinss Of citizepa III tho functtonn Ok goyornmah
-aro uothtng to speaa Of: aud finally tina
eactety has t,a buAiuesa 10 dany 1uatico t.
litigalitB, iu ordor TO educate juryman. Fla
justitta, ruat cp1um. l.. 3. a..
ILLINOIS SUPREME COURT.
YESTERDAYS TAooEBDtNns,
| OTTAWA, ILL.,, Oct, l1,-Tha following were th,