Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-02-15
LAW REFOR us NEEDED.
Defects in She DISTRICT, Jury System

| TO the Editor of THE EVENING STAR:
| Every good law Is nodded In the hearts OF the
people by their social necessities before IL IS ready
| 10 De embodied in system by common acQui-
| essence or in the form OF a statute. law, IL a
wise one, is responsive 10 the desires OF a commu-
| nifty whose wishes are based upon their expert
| epced wants This is the origin OF the common
law and IL Is 'the perfection or reason" In so far
| as 1t responds TO the cOntemporaneous socialism
| and civilization Of the people.
IL IS from conversation with thoughtful business
| men OF the District that have learned the views
and wishes which have suggested this article on
! needed reforms IN our system of Jurisprudence.
some OF them require the aVl ion OF Congress, others
/ can he introduceJ Ivy the Court in General fern.
such arr suggested ia this paper OF a charac-
ter which should not b. subjected TO the possibi-
Ties oi the too often postponed proposition for gen.
| eTal coiin, alton and amendment They demand
| Immediate attention and action. The merchants
business men and others have been for some time
atatlns the question Of how TO shorten the period
| OF jury service.
! ANY modification OF the Jury system would seem
| Ia involve Modification or the term system OF the
court Section 49, Of IN" yiSed statutes OF the
district ot Columbia confers on the court power
by rule OF court. 10 regulate the periods OF hol ling
It's terms also the periods OF It's special terms
at which ISSUES OF fact triable by u jury or by the
| court, are To he tried. 10 fix the number OF such
terms, and 10 alter the same from time 10 time
| pubic convenience may require" Section 7oS,
which provides for two special terms OF the United
states District Court, and section 100. which makes
II obligatory 10 hold special terms As the criminal
4 H..
| Monday in June. and the first Monday In Decem-
be-. are the Only limitations affecting the power
conferred as 10 regulating the terms Of court. In
effect section sJ9 provides that there shall be at
least these three terms. but does not prohibit
other terms. The intention OF the legislature Is
sef-eyident. for where the life or liberty OF ctt
zen Is involved the certainty OF trial could not,
under the constitution be left TO even the discre
/ tion OF judges.
| There are many existing evils in our system OF
Jurisprudence, being as II IL hotch-pot OF COM
mon law, English, Colonial, Maryland, and United
States statutes; chaotic. without form and void.
The mother country and the mother state have
| Instituted reforms and made progressive strides,
while we have STOOD STILL and our system presents
the appearance OF beggar'5 coat, so covered with
patches that all unity and harmony are destroyed
There are, however, two evils which OvershadOw
and dwarfthe others that they demand not only the
nrst but immediate consideration. They are, first
the delays In the administration OF Justice and,
second, the hartships OF the jury system; and the
question Is, Cannot the two be remedied at one
and the same time?
The presumably natural relations OF a court to
community are such that the people should look
To the judges for prompt and fair settlement OF
all disputes between man and man. Confidence
based on experience in the speedy and honest ad-
minlstration OF justice Is the ground OF that ven
foundation OF good citizenship. But judges have
too often TO bear the blame which belongs TO a
shackles OF professional traditions prejudices and
selnsnnesS Lawyers, Instead Of being The pioneers
IN the Held OF reform, are generally the very Bit
tereSt opponents or most unsympathetic spectators
OF any movement which tends to alter the estab-
lished orter Of things, or to disturb the stagnant
waters.
There are four steps TO be taken In the direction
OF reform which would greatly facilitate the adj
ministration OF Justice in this DIstrict-first in
crease the number OF terms OF the Circuit and
Criminal Courts; second, diminish the time for
appearance and pleading: third, shorten the term
OF jury service; fourth, Introduce referee sys-
OF these needs that in reference to shortening
the period OF jury service Is the urgent, for
the existing system Is pregnant with crying evils
and obnoxious to serious ouections IL Is OF vital
Importance TO the honest and Intelligent settle
neht ot uisputeS between man and man that
zens who bring 10 bear on questions OF facts the
sound solid, c0mmon-sense, the ripened expert
ence and conservative judgment which di5ttn-
guish our merchant and business men.
But 10 ask such men TO leave their counting
rooms and stores for period OF from two three
months, and sometimes for one or four or five
Is demanding sacrifice which even the Hottest
philaDthropisn and patriotism shrinks from
making. Tine pittance or pay has no allurementS
for them, a sense OF performing a public duty is
their only reward, yet even the best OF them make
efforts, often successful TO get excused from jury
service, because the term Is OF such duration that
IL involves neglect OF personal Interests which no
man should be called upon to MAKE / have con-
Sersed on this subject with many OF our leading
jury service Is an obligation which the individual
owes To the community, they protest against the
unreasonablenesJ OF the demand which Involves
a very great, and equally unnecessary, sac
rif1ce OF their time. IL amendment were
made TO the law limiting jury service to
Two weeks or twelve days, as is the case In
New York city, where the number OF the
courts are proportionate 10 the immense popula-
Jur1es composed OF our best citizens and this
Class would, under such circumstances serve In
that spirit OF Willingness which is essential to all
good work. Fewer men OF ignorance and unes-
Iabi.shed character would hold In their hands the
lives, liberty and property OF their fellow -citnens
Tor the two evils incident to the existing system
are that the UJest men try TO avoid jury service
and the un1ttest are equally anxious to be
Tine foIInwtn, ara tho ax,Sttn,, nroy,S,on,,u -,
erence 10 our jury system:
BY WHOM JURY LISTS TO BE MADE
The court Is empowered ITO designate necessary
officers or persons to make lists OF Jurors for
service in said court" [Section S51)
WHO ARE TO BE PLACED ON JURY LISTS.
The names are TO be selected from the citizens OF
the several wards or districts OF the two Cities and
the three divisions of the county, in proportion 10
the number OF the Inhabitants. g elton S5ol
APPoRTIoSNENT As TO LOCAL POPULATION
section 20 provides that an appOrtionment shall
be made into twenty two districts for the election
OF delegates, giving to each section OF the District
representation ia the ratio OF its population as
nearly as may De-
THIS Is the basis for the listing of Jurors accord
Ing To a numerical ratio.
QUALIFICATIONS OF JURORS.
The existing provision for qualifications OF Jurors
Is that each shall be citizen OF the United
states, a resident OF the District over twenty-one
and under siXty-flve years OF age, a good and law
fui man, who has never been convicted OF a felony
or misdeIneanor involving moral turptude. Sec
S72)
PROPOSED AMENDMENT AZ TO QUALIFICATIONS
tits generally acknowledged that the absence OF
suffrage In the District Is due to the presence OF
large body OF persons born or bred In ignorance
and degradation, yet from this class Jurors are
liable TO De drawn; for the man who has escaped
the penitent1ary on the one hand and the POOR
house on the other Is eligible property 0uaIif-
cationand an ability 10 read and write the English
Language, would eliminate from the Jury box those
VINO have no accumulative capacity, the proof of
business Intelligence, and those who cannot read
the Bible, SHAKESPEARE, the Constitution and THE
EyENiSG STAR, Tor the enlightenment OF their con-
science and development OF their brains.
section 112o Of the New York Code provides as
follows:
QUALIFICATIONS OF TRIAL JURORsI-In order 10
be qualned 10 serve as trial juror IN court OF
record In the county OF Kings, person must be:
IL A male citizen Of the United States, and a
resident Of that county.
a. Not less than twenty-one, nor more than
sixty years OF age.
'i The owner, In his own right, OF real property
OF the value OF $780, or OF personal property OF the
value OF $50; or the husband OF a woman who Is
tne owner. M her own right, OF real or personal
- In the possession Of his nat uraI faculties and
not inffrm or decrepit.
- Free from all legal exceptions: Intelligent OF
sound uilhd and good character, and able to read
anu Virtue the English language understandings :"
| AS 10 RESIDENCE.
| Another amendment seems To me as necessary:
| that Is, an unequivocal statutory definition OF
what Is meant by residence In the District This
| IL necessary because OF the abnormal political
stdI1s OF the seat OF Government. In the days OF