Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-02-18
AVOIDANCE OF JURY DUTY.

After exhausting panel of several hun
bred talesman without securing juror,
nearly all pleading excuses, Superior
Judge of San Francisco exclaims:
1 am discouraged to see the way in which re-
spectacle citizens shirk jury duly This has
gone to such stage that il is amo impossible
10 secure a jury to carry on the p.esslug ID lsi-
ness of this Court. Again and again we are de-
layed days, and even weeks, by reluctant jury
men, until our calendars are overcrowded and
the public complain that justice is delayed.
This is the very class of men who go out from
the Court and cry out that justice miscarries.
They are the loudest in their declarations that
the Courts are corrupt and juries stupid. Yet
they accept the protection of this Government
its laws and police and are unwilling TO give
little time in return. Our laws will be admin
istered with greater justice and greater rapidty
only when the public become aware that the
fault is with the citizens themselves A real
evil exist i'll this difficulty of securing compe-
tent jurors, and regard it as one OF the gravest
dangers OF the system. 1t is impossible / > go on
without jurors, and rather than be subjected
longer to these harrassing delays it would be
better to close up the Courts until the commu-
nifty comes TO a rightful understanding of this
serious question. The inevitable result of this
state of things is to force the Courts to fail back
upon class of men who should never be seen
i'll the jury-boX. | am getting very tired of
hearing the excuses OF men whose property and
lives are protected by our laws and who insist
the loudest upon their strict performance.
We ought to be able to remedy this evil,
so justly and forcibly complained of by
Judge Murphy. Indeed, we must apply
remedy or abandon the jury system. The
idea of such abandonment is absurd, and
| is INDUCED in only by those who begin to
lose hope and entertain doubts of the per-
petuity of American institutions
That citizens escape jury duty, is
due in part to lack of frmncss by many OF
of the Courts. Until Judges are chosen
for long terms, for life or during good be-
havior and capacity, and made independent
in all respects, this weakness we fear will
continue to be manifest. 1t is useless for
occupants Of the bench to insist that they
are not susceptible, except through judicial
calm, to the appeals OF talesmen and that
they pass upon their excuses with perfect
impartiality, for it is notorious that the
men who ought to serve and most escape
! the duty are those who are most influen-
( tial. 1t is not intended as reflection
, uDOu iliC SOul - WHICH, lHiS ldGl IL ItGlltU-
Judges, as are other men, are susceptible
to their emotions, sympathies and social
predictions, even when most they strive
to resist them. In actions on trial they
can rise superior to self completely, but
when an appeal is made to their discre-
ton and kindness and in a matter in
which there is no enc to appear for the
people and urge denial of the petition, it
is easy to understand that the pleading
talesman occupies strong vantage ground.
J The tediousness of trials is an influence
driving men from the jury-box, and this a
: cause Of evil that may be remedied by
reformation of the laws, and by urgency
on the part Of Courts, without infringe
ment OF the rights of litigants or of those
on trial for their lives or liberty. Of
course the chief blame is to be placed
where it belongs, upon the citizens who
evade their duty, and 1t will be observed
that those with the weighty excuses"
are those who also neglect their political
duties, leave party control to the vicious
few, and complain londest and longest of
the natural consequences of their neglect.
Men who are unwilling to sacrifice some
thing of private ease or business for the
public good, the preservation of -rder, and
the protection of lie and property, ought
to remove from the country. Strictly and
justly they should forfeit their claim for
the protection orderly society guarantees.
The men whose uniform excuse is that
their business will suffer by their absence,
probably speak with truth; bet it is