The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-05-21
IMPROVEMENTS IN THE JURY LAW.

An examination of the provisions
of the Statute relative to the con-
stitution of juries, the manner OF
selecting them, their duties and
other closely related matters, sug-
gests several improvements which
would facilitate the administration
| of justice, and at the same time
render jury duty less onerous and
unpopular to our citizens.
In the first place, the mode of
drawing should be more flexible, and
at the same time afford less chance
for undue partiality. Instead of an
arbitrarily limited number, to be
drawn at specified dates only, it
should be possible for panel to be
drawn at any time when in the judg-
ment OF the Supreme Court the in
terests of justice so require, and the
number of persons from whom such
drawing is made should not be re-
stricted to the present limit.
As things now are, the opportun-
tiles for the exercise of favoritism
are altogether too great, and in fact,
practically unlimited. The law ap-
pears to place no restriction upon
the discretion of the officials pre-
pairing the lists. They may, If they
please, impose most unreasonable
and unjust burdens in the way of
frequent jury duty upon certain in
dividuals, and see to it that any one
they may chance to favor is never
summoned during his whole natural
life. We do not assert that they
ever Intentionally abuse the powers
with which they are vested, to plague
their enemies and make things pleas
ant for their friends, but considering
the weakness of human nature, and
the absence of any necessity for
their being subjected to such
temptation, it seems decidedly bet
ter that they should be relieved |
from it.
1t would be in the direction of
fairness and an equalization of pub,
lie burdens, if there were some pro-
vision by which any person sitting
certain number of days in any one
term, should thereby be exempt
from further duty for a specified
period, say two years. This would
be material relief to those un-
fortunate individuals who, from
some cause or other, seem to be
drawn with unreasonable frequency,
and called upon to do far more than
their fair share Of jury service. We
5hlnk, however, that more radical
measure of reform in this direction
would be much more equitable and
satisfactory.
Omitting unnecessary details, our
'lan is substantially as follows. Let
be made the duty of some compe-
ent and presumably impartial trib-
lnal-we care not how constituted
o make up, and from time to time
evlse, complete list OF all the resi-
Ients of this district, native and for
ign, who are legally qualified, and
to be mentally and morally
it to act as jurors. From this list,
et jurors be drawn by lot as re-
uired, until the list is exhausted,
nd no one be required to serve dur
ng more than one term, until all
ave been drawn. Such a plan is
ot only equitable, but perfectly
racticable, and we can think of no
eason why it would not work we'll
l every way.
Again, persons actually engaged .
certain professions and callings o
louId be exempt by statute 1t q
as become we'll established prac- T
ce, a kind of unwritten law, that r
ertain classes of people, doctors for n
lstance, shall not be drawn as v
lrors. 1t would be much better in -
7ery way that those whose callings !,
life fairly entitle them to exemp- a
on from this form of public SER h
ee, should have their rights in the W
after established and defined by Fl
W, Such an arrangement need in q
way interfere with the court in n
its discretion to meet any q,
case of hardship which is
e statute did not provide for. The q
tempt classes should include ply h
clans, apothecaries, clergymen, fc
ost government officers, telegraph 81
I'd telephone operators and super tc
tendents, engineers in charge of g,
comotives and steam boilers, mar f.
ers and probably others which do n
Vt now occur to us. These are y,
alters of detail; what we contend :,