The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-08-22

TEM.-J. III. Hopkins writes in The Alba
ny Law journal: Why should not the
majority control in law us in politicts-in
juries as in appellate courts? Too often
some fool or kuavc vii! Gud place on the
jury who, through the intellectual opacity
or from pccuniary considerations, VIII be
faithful until doath" and prevent ver-
dict. Trial by jury has become such
| lottery that it has given rise to this maxim
IF you have u strong case, try 1t before
Judge or referee if you have Il weak case,
try it before jury" Might not insompc-
tcncv be avoided and justice more surely
obtained by committing to the judges the
decisions Of question of fact as well AS qucs-
tions Ct law
This would nccessitate an increase in the
number of judges, but to this there could
be no little objection. The amount of
money actually expended every year for
jurors and the amount lost by those who are
forced to neglect their business in order to
act rs jurors, if it were computed, would be
found sufficient to pay seven judges at ev-
cry court. 1t will cost more to buy judge
than Il juror? The judg, is dependent
upon the people he is their servant, and
the dignity Of that service, the honor OF
| the office, the responsibility of the position,
and the fear Of detection and Disgrace, all
tend to render him invulucrablc to bribery
and to place him above suspicion. If, how
ever, us is sometimes the case, a maa Of
low character is raised to the bench aud is
induced to sell himself, he at least, sells
himself dearly. On the other hand a
Juror can often be bought for Il few dollars,
and the purchase Of Il juror defeats justice
rs completely rs the purchase Of Il judge.
The jury system, us it now exists, is ben
ciicial to only two class2s-proicssion ju-
rorS and Jury lawyers. Men Of the first class
owe to it :hcir Subsistence and when placed
upon the jury maintain the cause Of thoses
who employ them with Il tenacity which en-
surcs victory Men Of the second class exist
by reason Of the system. They pilot Il weak
case into the harbor of success on waves
Of talk They are guitlcss Of souAd reas.
oning; but they understand how to play up
on the jury and draw forth whatsoever mu,
sic they please. Their existence proves the
defects of the jury system. Before the
higher courts they arc powerlcss for the
higher courts arc swayed by logic rather
| thau language, while the jury regards logic
with the same feelings which the devil is
supposed to entertain cenccrng holy water.
The jury is the clown Of the law. 1t is
constantly invcntiug new and ingenious
tricks for the evasion Of duty. 1t is the
patron Of the joke called "tamporary in.
sanity and the author Of numbcrcss other
tests Of like character. 1t is Il ncvcr-tail,
ing source of amusement to all except its
victims There is nothing uncertain about
it but its uncertainty. 1t has been snecrcd
at and satirizcd and lampooncd and carrica-
turCd. Judges nave snuDDcd 1t, ana lcgM
wits, like CLrran, have riddlcd it with sar.
casm III open court. Yet Il mistaken con
scrvatism suffers it to continue its blunlcr-
ing way unchallcnged
\ ct such is the reverence for antiquity
that any change or Improvement in the jury
system is, to say the least, improbable for
many years to come. 1t has gained too
great 4 reputation as the palladium cf lib
crty' to be hastily abandoned. But the rev.
crcucc due to long established institutions
ought not to degenerate into blind worship.
llo 'cver venerable a SYSTEM may be, those
defects which mar it should be cradcatcd,
and il tits wholly bad it should be abolished
Ju lSc it fairly then. Crown it for what it
has bocn !; cruelty it for what it has been
THE BASIS OF TIE CIVIL SABBATH
! These alc some Of the grounds upon which
! it rests
First-Ey"ry human being, by the ne
ccsslty Of his nature, needs rest Of one
! entire day iii seven, added to his nightly
rlst in sleep, for the restoration Of strength
exhausted By the labors and cares Of six
successive days. ellis very heart and flesh
cry out for it, The free citizen has the
s;'mc natural right to be protected by law
from the disturbance on his weekly rest day
as in his nightly sleep.
Scconl-Thc State needs the rest day
| ior the protection and promotion of good
morals, good order, the public peace and
public dcccncy. The Sabbath law, con.
sidcred rs police regulation, rests on the
foundations which uphold laws prohibiting
gambling, lotteries, polygamy, disordcry
houses, the sale Of Intoxicating liquors on
election Gays, and the like Tho State
| Furnishes all these offences, Sabbath break.
ing included not as sins against God, but
as injuries on Socicty."-(Suprcmc Court
of New York;
Third-No citizen should be required bv