New-York tribune., 1882-03-13
EVILS OF THE FEDERAL JURY LAW.
fry Ty1roRAPu TO THE TRmuNE.I

EVILS OF THE FEDERAL JURY LAW.
fBY TELEGRAPH TO THE TRIBUNE.l
WAsHINGTON March l2.-The Judicial Approprl-
alton bill approved June 80, 1879, was saddled
with rider" which repealed Sections sol, $50
and s2l of the Revised Statutes relating to the Sc
lection of Jurors and to acts which should disqua-
ify person from serving as juror. Section oOl
required that United States jurors should be drawn
by lot according to the practice In the mgheS'
court of the State in which the United states jury
was 10 be drawn. Section $50 provided that no per-
son, who had engaged III rebellion, or had gwen ana
and comfort thereto should If challenged. be quail
fed TO serve as a juror, grand or petit, of the
United States Section S21 required every person
SUNNI med as juror to make oath that he hadnc
served in arms against the United States in any
manner assisted or encouraged acts of rebellion by
the same rider " a qualification for Jurors
was established, and the Office of juror was made
political one part OF this rider which forms
the second section of the appropriation bl is III the
following words:
An snch Jurors grand and petit including those sum-
Inoned during the session OF the court shall be publicly
drawn from box containing the names OF no less thdn
TSccd TIV SeFSn y the clerk Of such court ond commits
siOner appointed by the Jude thereof, wbic COM
missioner shall a of good standing, residing il
tie district in which such court is held, and well
known member Of the principal political party In the dis
the clerk may belong, the clerk and said conm sloncr
place IN SAID nON dllCfldlCN, Nl'iOui
reference to party affiliations, until the whole number
required shall be placed therein
When this proposition was under consideration III
the Horre of Representatives,, the Republicans
solidly opposed its adoption. In the course OF a
powerful argument against it, General CARRIED,
then member of the House. said
Now f. is proposed most mwiscly and think for the
first time in our hstory-and | beg ihe lawyers ana
judges who before me to think OF this-lo pu. mo
the jury box man reCo-nlleN rs a p9uIi pdrtiS,, w.
and then another beside him recognized a belonging 10
another political party, to administer justice one - To
do Democratic Justice, another tcpnbucah 1uHieei an
other Groenback justice and 50 on 70 the end OF the chap
ter the bitter bad fruits th will produce on the future
of our Jurisprudence.
When the subject under discussion in the SEN
at Mr. Blaine. among other things, said:
have heard what the Senator from Ncw-YOrk C1r.
KeInan says banded about this floor aud every where
a piece OF political captrap that iuries were cor
souJI want the names-I want the names of twenty
or zen or five such men or one and II senators cannot
necessity Tor the first time OF inserting into the LAWS of
of known political character of the opposite poid-
cal party to be stationed on the opposite SIDE OF jury
box the clerk OF the United States Court aud that
they there shall agree to settle on political grounds
what shall be the jury IN the courts OF the United states
II the first tine such thing ever at ienped. aud
it's absolute and deep disgrace to the statutes OF the
United states 10 put II there
This obnoxious amendment TO the jury law has
now been in force more than two years. and if re-
spectacle lawyers and jurists who have personally
watched its workings are be believed it deserves
all and more than the denunciatiOn that it received
from Republicans III Congress when it was under
consideration there.
For example, at the last December term of his
court Judge settle had tried before him several
cases of offenders against the election laws. The
testimony in these cases, the Judge is reported to
have said was conclusive that the jury ought TO
have found the offenders guilty without leaving the
jury-box Instead of that, the jury disagreed in
every case.
General Duskn. United States District-Attorney
in Alabama reports similar results in that State.
In Il recent case the election officers in certain
precinct were indicted and tried for gross viola
tion of the election laws. The returns made by
them did rot show that single Republican vote
WAS cast. On the trial the District-AttOrney pro-
duced twelve qualified electors belonging to that
precinct each of whom testified that he voted the
straight Republican ticket at the election and
his ballot deposited in the balot-box. These
twelve men also testified that of their personal
knowledge twelve other electors also voted the
straight Republican ticket at the time and
place. The jury disagreed.
Republican lawyer from another Southern
State in conversation with TRIBUNE correspond
ent yesterday, said:
The new jury law accomplishes the purposes Of its
authors perfectly II amounts TO virtual qualification
how clear the proof of guilt may be, offender be
convicted The 800 selected chosen from bitter
lartsaDs Of the opposing political parties The clerk Of
chooses $50 Democrats and every case decided not ac
cCrdng the testimony but according to the political
predictions Jurors In other words It Is not decided
al all, but ends in disagreement Of the jury.
leading lawyer of South Carolina was asked by
q tribune correspondent to the workings of the
jury law in that State, and he replied:
II works splenddly and lust Its Democratic authors
designed. Every trial ends in disagreement OF the
fury. No attention ia paid 10 the testimony. The Re
publican jurors vote to convict and the Democratic
Jurors vote 10 acquit the offenders. To show you how
perfectly the jurors understand their duties, Will tell
you true story. Last year It became known that
certain enteTprsng Democrats had been indicted in
State for violating the election laws AS the time for the
trials drew appeals made in the Democratic
pay the cost Of defending the criminals Assessments
were also levied on the members OF the Democratic
raise funds for this purpose. happened
member OF one Of these clubs, who mad been
assessment OF dollar. well" said he II do not
think ought pay that money, am the Jury. you
know, and expect 10 do my share there in acqutlng
these persons undersa and that this plea consld
cred good one.
If the Republicans should choose to do So, they
might by an amendment to the Judicial ppropria
ton bill repeal this law. which appears TO work
badly and the passage of which they resisted
etTenuOusly in the last Congress
APPROPRIATION BILLS NEARLY READY.
lBY TELEGRAPH TO THE TRIBCSE.l
WASHINGTON. March 1.-THE House Committee
pn Appropriations will further consider the Army
bill tomorrow and will probably decide to report it
N the Honse With the execution of single