The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-08-10
THE WAY TO JURY REFORM.

riages of justice that tend TO dlscredlt
the system can be prevented. We have
pointed out certain changes that have
met the approval of members of the bar
and other good citizens. 1t Is to be
hoped that the discussion of the need Of
jury reform will not abate, but will
make its impress upon the next Legis-
lature. But there are remedies that
can be applied without waiting for
legislation. The County Commissioners
are the guardians of the jury system,
and if they do their full duty much Of
the abuse of the jury system will be at
an end The truth is that the Commits
sioners in many counties have not ap-
preciated the Importance of the duty as
signed them with reference to selecting
Jurors. If they would exercise this
judicial function with the care that
its importance demands no juror
would be selected who is not "of
good moral character and of sufficient
intelligence" AS rule wefear that the
commissioners give very little considera-
ton to the legal requirements for jurors.
In too many instances the names Of all
who have paid their taxes are selected
with little or no reference to ''good
moral character or sufficient intelli-
gence." Up to 1889 the law required
the commissioners to select a jury
every September. 1t was mistake to
change the law SO that this selection is
only made once in four years. Ere
quent selection would tend to purge the
list of incompetent and corrupt men, and
by weighing every name every year there
would be more certainty of getting rid of
men not qualified to act as jurors. Com
missioners ought to remember that
jurors are judges of fact, and that no
man lacking intelligence, however good,
or no bad man, however intelligent,
is a fit juror.
The law describes in detail and with
much particularly how the jury list of
the county shall be annually prepared
and revised by the Board of County
Commissioners. Section 1922, Chapter
80 of the Code, as amended by Chapter
$50, Laws Of 1889, provides that:
The commissioners for the several
counties at their regular meeting on the
first Monday of September, in the year
1892, and every four years thereafter,
shall cause their clerks to lay before
them the tax returns of the preceding
year for their county, from which they
shall proceed to elect the names Of such
persons only as have paid tax for the
preceding year and are of good moral
character and of sufficient intelligence
Section 1925 of the same chapter
further provides that:
After the jury-lists have been made
out in accordance with sections 1928
and 1924 the commissioners shall care
fully examine the jury lists, compare the
same with the tax returns, and diligently
inquire whether any persons qualified to
be jurors as provided are omitted, and
whether any persons not qualified to be
jurors, as therein provided, have been
inserted, and if any have been inserted
not possessing the requisite qualifica
tons, they shall strike such names from
the iury-lists, and in order to obtain
full information on the subject the COM
missioners may examine on oath any
person they think proper.
The next two sections, 1926 and 1927,
provide how the names on the list shall
be written On scrolls and put in box
prepared for the purpose with two divis-
ions marked No. and 2, and the jurors
to be drawn for each court from No. l
and placed in No. 2, &c. And then in
section 1873 of the same chapter it Is
further provided ''that there may not be
a defect Of jurors, the sheriff shall, by
or Ter of court, summon from day to day,
of the by-standers, other jurors, being
free holders, within the county where
the court is held, to serve on the petit
jury, and on any day the court may dis
charge those who have served the pre-
ceding day."
1t is very important that these statu
tory regulations in respect to the selec
ton of jurors, shall be faithfully obsery-
ed, and any intentional non-observance
of them is, the Supreme court has held,
the subject Of censure if not of punish
ment. A due observance Of them greatly
promotes the fair and intelligent admin
istration of justice, for only by this means
can fair and impartial jury, composed
of eligible men, be obtained.
1t is equally prescribed that the jurors
shall be of good moral character and
sufficient intelligence" Yet, within the
ght of our statute, this question is not
without difficulties and must al
most entirely depend upon the faith
fuInaes with which the BOARD of