The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-04
Proposed Judicial Reforms.

Few subjects are more deserving of
earnest attention by legislators than
the question of contributing by whole
some new laws to the better efficiency
and promptness of our courts. What
ever is wisely designed to reduce the
number of petty cases now unneces-
sarily taken into the county courts, or
to insure a better quality of service on
the bench and in the jury box, ought to
commend itself strongly to the favor OF
our legisla lures. To this general prin-
ciple all will assent. The only room
for difference is as to details. One OF
these details that has eminent approval
contemplates the retirement, on pen
sion, of common pleas judges after
twenty-one years of acceptable service
on the bench. The utmost that can be
said against it is in complaint at its
cost A bill will be introduced at Har-
risburg this session to accomplish this
purpose; and there are many convinc-
ing reasons why it should pass.
Another detail now before the people
for discussion consists of a proposition
that jury commissioners be appointed
by the court instead of elected by popu-
lar vote. Concerning this proposition
the Wilkes-Barre Leader says:
1t was thought that the plan of having
the commissioners chosen one from each
party would be satisfactory, but in many
instances it has not been so. In many
places the wheels are still filed with the
Inn If moi IN yvhn iI dan,
ger to entrust the responsibilities of jury
duty. 1t is not SO much the defective
moral character as the ignorance of jur-
ors that Is complained of. There Is such
a thing as bribery in the jury box. There
is such a thing as jurors deciding for
favorte lawyers rather than in accord
ance with the testimony in a case. But
these are comparatively infrequent Ner-
diets, however, that are in flat contradic-
ton to the evidence, and sometimes in
blunt reputation of instructions from the
court. are common. Every lawyer of any
standing can cite score of them in his
experience. All this is very wrong and
there is no remedy save in more intelli-
gent jurors. The right of trial by jury is
the most precious of all political rights,
since but for the insurance of it, the lib
critics and properties of the citizen would
be constantly in jeopardy from dlshon-
est ana tyfannlcal OIHclalS, Dut IL Is
more a right in name than in fact, unless
the jurors chosen are men qualified to
discharge their responsibilities impartial
ly and intelligently.
1t Is not clear TO us how the proposed
change would, of itself, improve the in
telligence of the average juror unless,
indeed, it might tend to decrease the
number of professional Jurors common
in portions of Pennsylvania. If the ex-
animation of talesmen were required to
be more searching, good might result.
Less leniency on the part of the court in
excusing from jury duty men who plead
the urgency of personal business en-
gagements would also exert a salutary
influence upon the quality Of delibera-
ton exercised in jury rooms. Just how
these ends can be reached by statutory
law we are unable to clearly perceive.
But the subject is well worthy of atten
tive consideration by enlightened men.