Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-12-01
THE ATTORNEY GENERALS RE-
PORT.
A Criticism Of the Jury System i'm the
District.

PUNGENr MISUNDERSTANDING" IN THIS
CITY-THE SPEEDY ADOPTION OF NEW METHODS
RECOMMENDED-A PROPOSITION 10 EXTEND THE
JURISDICTION OF TIE COURTS OF THE MARYLAND
JUDICIAL DISTRICT INTO THE DISTRICT OF COLUMBIA.
The Attorney General in his annual report, which
has just been completed, devotes considerable space
to the subject of uries in the District OF Columbia
The report says: The evils that surround the jury
system in the District of Columbia demand condenl-
nation By act OF June 30 1872 chapter 40 Supple
ment, page 400, Congress provided mode OF select
ing and drawing Jurors, which, no doubt, was in
tended apply to all courtsin the United States but
it has been decided and properly, too, that the act
does not apply to the District OF Columbia The
laws which are now supposed to be In force in the
District regulating the selecting, drawing and sum-
moning OF jurors, have been passed in the years
1885, 1862 1865 and 1871, and are found in sections
S51 to S5 of the Revised Statutes, relating to the
District Of Columbia. An analysis Of the system
there provided will demonstrate its many defects:
sThe Supreme Court OF the District may, by orders
In general term, from time to time designate neceS
sary officers persons to make the list OF jurors"
This Is commendable feature. as 1t secures that
faithful and conscientious exercise OF discretion
which courts always exercise, and the appointment
of honest and competent persons In January of
each year five citizens are designated by the court,
who are called
JURY COMMISSIONERS.
That the duties to be performed by the persons
SO designated onerous and unsatisfactory. IS no
fault OF theirs. The law requires them to make
list Of jurors from the names OF citizens and resi-
dents OF the District, who are competent, and who
are not by law exempt from jury duty, and pre-
scribeS that sNO person Shall be competent to act
as juror unless he Is citizen OF the United States
and resident OF the District, over twenty-One and
under sixty-fve years of age, and good and lawful
man, who has never been convicted Of felony or
other misdemeanOr Involving moral turpitude."
Those exempt from jury duty are people whose
preceding two years, and officers and persons in the
employ Of the government OF the United States,
commissioners OF police, those connected with the
police and fire departments cOunsellors and attor
neyS at law, ministers of the gospel priests OF every
denomination, practicing physicians and surgeons,
keepers OF hospitals, asylums, almshouses, and
other charitable Institutions captains. masters,
and persons employed on vessels and keepers OF
public ferries Besides, there are large number of
houses and live with their families during the
greater part OF the year in the District, and yet
claim home and citizenship elsewhere. TO be-
come.
CITIZEN OF THE DISTRICT
Is to lose the right to vote in any other place. and
this matter Of temporary residence is SO well under
stood that the question asked By one acquaintance
casually meeting another in the streets or houses
in Washington is not ''Where do you resi1e!" but
invariably, "Where are you stopping!" This large
class OF intelligent and desirable residents, unfor-
tunately, are also exempt from jury duty. In the
District there is no Official list or list of voters or
assessors lists OF taxable Inhabitants such as is
found elsewhere. and the jury commissioners are,
therefore, compelled to depend upon their own
knowledge, or in whatever other way they may
fnd It to be possible to obtain the necessary nfor
twenty names required in the absence OF any law
upon the subject, in the month OF February In
each year, the names are copied on separate slips
OF paper, which are rolled up, placed In the jury
box, the box is sealed shaken up and given into
the custody OF the clerk OF the court
The Judges OF the Supreme Court OF the District
tn hn1
the Criminal Court during the ensuing year, be-
ginning in the month OF March, and as there are
each OF the Judges should be assigned to hold a
Criminal Court only once in seven years, unless in
rare instances, where there Is press of business,
Judge may be assigned to hold axspecial court.
There are three terms in the Cr1l9anal Court, be-
ginning Respectively on the first Monday OF March,
December In each year
BY one provision In the law, at least ten days be-
fore the commencement of each term the clerk
''shall publicly break the seal Of the ury-bOX and
proceed to draw theretrOm the names OF so many
persons as are required, but, where, in whose
pubic duty Is to be perfornedis not specified In the
law, and The clerk draws the Jury In his Office.
BY BY a. another provision ,.If any person whose
District, Or become otherwise disabled from serving
IS I juror, the clerk Shall draw frc:n the box
another name to seiveinstead." 4 positive command
is given the clerk, coupled with judicial power In
It's execution When it is remembered that the
clerk does not know what names are in the box, Or
SEQ names are selected from population OF over
10000 and the improbability OF the clerk having
any personal knowledge OF the death, removal, or
disability Of the persons whose names he draws,
and his inability to cease drawing In order to make
Inquiries, 1t will be perceived that the law imposes
upon the clerk duty (which it Is impossible for him
to perform, which he is compelled to disregard and
by SO dlsregardng it, raises doubt as to the regu-
larlty of his proceedings
THE METHOD OF DRAWING JURORS
for the civil and criminal courts is the sama. If the
the twenty-three persons whose names are first
drawn constitute the grand jury, and the twenty
SIX persons whose names are next drawn constitute
the petit jury for that term After the requisite
number or Jurors have been drawn the box is
again sealed, and remains In the custody OF the
clerk. The Jurors are summoned by the marshal
who Is required to make return to the court of the
names OF the persons summoned, how the summons
upon each person. Whether any neglect or omis-
sion on the part OF the marshal in performing his
duties would be a fatal defect would depend upon
the nature OF such neglect Or omission
On the first day CT the term, it is usually found
that about two-thrds OF each set OF jurors answer
TO their names, the marshal having been unable to
find the other one-third. The fira business in in
order Is for the court to hear the various excuses
offered by the jurors who have been summoned.
point it is proper to direct attention to the extra
ordinary fact, that service Juror in the District
means an enforced attendance at court and almost
fourth OF the whole year, hardship and Injustice
tnat Is not imposed upon citizens in any other
pace IN tne unteu states, and would not be tOer-
ated IN any community where the people have a
voice % IN framing their own laws BY one OF the
sections In the law, .'a person may be excused by
tine the om court 1oo from serving on jury when,
public will be materially injured by his
attendance, or where his own health
or the death or sickness OF member of his family
requires his absence" Continuous absence and ne
siect or business lot three months In the year
would materially 1njure the interests OF any busi-
ness man, ana respectable physician would read
ny certify that attendance for that length of time
in crowded courtroom would he In ;lifiOus to the
health, so that the court is reluctantly compelled
to excuse from service the very men who OF ali
Others are best qualified to tntelIigently aid and
assist In the administration OF Justice Added to
those who are thus excused there are always found
anOng tne Jurors several who, although their
names were placed In the jury box, and they have
responder 10 the summons, are In public employ
ment and therefore exempt
When the court has passed npon the varions
claims to be excused and exempted there will re-
main probably one half OF the number or Jurors re-
qulred by law, and before proceefinp with the
Trials OF cases the attendance of the fll number
mus! De secured. The way In which the required
nuIDer is 10 pe selected is not clearly defined by
Tue iaW Wmch is interpreted by each judge accord
ing 70 ms own view. Some OF the Judges cause the
jury Dox TO be again opened and the REQUISITE num-
marsha! to summon talesmen; but both Ways have
Deen heid 10 be proper In selecting talesmen the
maTSnal hlay summon man or men from among
the DyAtandeTS In the court, persons passing along
Ine puD1c Streets or from any OF the stores hanks
counting houses, Offices hotels or residences in the
SELECTING TALESMEN