The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-02-14


| all criminal cases, and in all civi
cases, in which the amount in con
troYersy exceeds $50. is guaranteed
by the fundamental law Of the land
It is recognized in aur statutes, anC
the law compels a citizen of Thu
territory to attend court as a juror
when properly summoned, under
pain of fine in the sum of $50, to bt
paid to the county in which he re
sides Compiled Laws of Utah, sec
1879.
No law ought to compel the citi-
zen to render services without re-
ward. No unequal burdens should
be imposed upon the Individual.
His time and his labor ought to be
considered as sacred as his Property,
and should, therefore, not be taken
from him without just compensa-
ton.
1t is not difficult to find men will
ing and anxious to serve their coun.
try as judges, selectmen, assessors,
tax collectors, bailiffs, jailors, road
supervisors, policemen, ETC., etc.
Why? Because the law provides
and adequate compensation for their
services. Burdens are imposed upon
the citizens generally, without dis
tinctiOn, to defray the payment of
their fees and salaries. Why? Be-
cause they are considered necessary
in well regulated commonwealth.
Now, can anyone adduce any valid
reason why the same rule should
not apply in the case of jurors.
1t is the eternal glory of our Con-
st1tutiOn that it protects alike life,
liberty and property; that it makes
the high and the low, the rich and
the poor equal before the law. Why
attempt to place q limitation upon
this fundamental doctrine? But if
a limitation must be made, why
make it in favor of the rich and
against the poor? Why heap bur-
beDs upon those who are over
laden? Why make your "little
finger thicker than your fathers
loins?"
To tax litigants to provide fund
at all adequate for the payment of
jurors, will inevitably cast the bur-
den upon the poor. The poor debtor
who suffers judgment to go against
him by default; the poor widow and
orphans whose land is coveted by
some rich, heartless scoundrel-
those are the ones upon whom it is
now proposed to cast the burden of
a fund to pay Jurors sit
ting to decide the issues between
the weather. class of litigants.
But why is it proposed to tax liti-
giants in civil any more than in
criminal .seS? Is the right of
property less sacred than that of !
The contract of the state
is for the protection of both. The
citizen undertakes to submit to the |
laws, to share the burdens of the
State-he gives his allegiance-and |
the state promises to protect his |
rights of life, liberty and property
to preserve his right Of equality |
before the law in return. |
The courts shall be open to
him. Is this valid contract or
is is it a swindling transaction
Much has been said, both in ancient
and modern times, upon the subject
IF the rights and duties of men. I
think the subjectlcan be compressed
n the following short propositions:
1t is my duty to respect other
mems claims; so also is it a duty to
maintain my own. That which is
sacred III their persons is sacred in
nine also.
The law Of equal rights ought to
De as jealous in protecting my prop
srty as it is in protecting my lib
,rty. If somebody knocks a mans
lat over his eyes, the law steps in
ind Furnishes the assailant without
;harge. If the man bought the hat
IN credit, why not give the halter
IN action for the debt free of charge?
f a man picks my pocket OF a few
cents, the law Zealously Furnishes
he pickpocket without payment.
put my hand in my pocket
nd take out S25 and lend it to
nan for a given length of time, and
lie fails to repay me. why not allow
ne an action against the faithless
borrower without charge?
The law will put judge, jury, law
er, sherif-the whole machinery of
he lawn motion, free of charge,
o punish some half-starved tramp
Who has deprived me of few tur-
lips; but as to the land on which
he turnips grew, that may be stolen
risk, so long as the despoiled
wner is left friendless and penni-
ess.
Why not initiate the government
# the United States in the matter
# paying jurors? No litigant is
axed jury fees in a United States
curt. The jurors receive three dol
ars per day, besides mileage, out of
he United States treasury. In this
under the law of 1859,
Compiled Laws of Utah, section
079), the jurors were paid out of
he treasures of their respective
ounties, in all cases, except when
lifting as jurors upon United States
usiness, u to the year 1874, when
ervlce IN civil cases was excepted. |
See Compiled Laws, section 1885,
his restriction ought to be re-
loved. Why strain at gate and
wallOW sawmill ?"
FAIR PLAY.