The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-23
PROHIBITION,
SUFFRAGE.
Continued from Page u

/ Hlen, among whom is the lOnOra bic
gentleman himself to come up to a
jury OF nine in criminal cases, to say
nothing of civil, and we reached thai
point. L would like to see conditions
Wnere men one day will stick to the
Things they said the day before.
he argued in favor of having jury
OF nine rather than twelve unless some
petter argument could be made against
it than that all men are constituted
dli1erently. Does it mean that only
twelve can logically decide a case? II
the more the better, why not have
li1teen OF twenty-five, or, what the
gentleman evidently contemplated
gentlemen Of the jury" 1o7 jurors
The truth of it is that innovations
are coming. When less than the whole
number can decide a case an innova-
ton was registered. That innovation
is conceded to be good. Can any man
say why there should be twelve jurors
rather than nine. On our side we can
say there should be nine rather than
twelve because this makes three less
men for the people of the new state to
pay for. There will be increased taxes
under statehood and economy should
De the consideration whenever possible.
For PrOgressiveness.
Richards said men resist encroach-
ments on old institutions. But some
!
10 progress. Men of ripe experience in
the courts hold that liberty and Justice
can be as we'll subserved by a jury of
less than twelve. He wanted what was
practicable. He wanted business done
in the convention and not sentimental
ISM If thing. was right no traditions
should be considered. While it was
well to hesitate before making innova-
lions, still when benefit was to be de-
rived the convention should not decline
to be progressive. He would not favor
decrease of jurors in criminal cases
He would still have unanimity. His
reason for this was that the people
held too high a regard for what was
denominated the "bulwark of liberties"
In his opinion the people were not as
yet educated up to the idea that there
would be equal justice with less jurors
In consideration of that he would not
recommend any change in the criminal
cases. But in civil cases he would.
Why Juries Are Costly.
Varian referred to the recent report
of Judge Judd on the cost of juries, in
which it was shown that the expense
was enormous. He did not discredit
the report, but said thu great part of
this was due to the poor system under
which the juries and witnesses are
brought from long distances and COM
D6TlOuS
they were discharged. He was consid-
ering expense. But he had no-4doubt
that the revenue would meet the ex-
penSe If all property was properly
taxed and the burdens were laid as
well on the corporations and money
lenders as on the resident farmers He
wanted to know why there should be
nine only. Why not one? Why any?
He had noticed that when lawyers
grew to be sufficiently strong in their
profession to have the clientage of
large corporations their ideas changed
and they favored more and more the
abolition of the jury system. The jury
OF twelve extends so far back that it
has never been determined precisely
where it originated. Still it had not
been changed in this country The peo-
pie still cling to the jury system They
will not submit their cases to boards
of arbitration, for which our laws pro-
vide. They will not submit them to
the judges. They demand the trial by /
jury as the bulwark of their liberties |
A Delicate Warming.
He was not surprised when informed |
that the committee ON judiciary had |
almost unanimously decided in favor |
OF smaller juries. Here was a COM
mittee on which there were but five
y,
ers and others were members. But he
hoped when they so reported their rec
concentrations would be given careful |
The juries come direct
ly from the people imbued with their
spirit, and better able to decide on
the facts than the judge, trained law
yer as he may be. They are not pur-
chasable. They are no better and no
worse than the people from which they
t.
made on the floor (by Good
VIM that they are corrupt. Taken all
in all they are as Just as are the peo-
pie. They are the defenders of the
liberties of the people. He felt the pro-
position was dangerous and was not
willing to vote for it.
Goodwin then withdrew his substi-
tute and Evans substitute went in.
Van Horn offered the following substi-
tute for everything.
Still Another Substitute.
1.-THE right of trial by jury shall re-
main inviolate, but the legislature may
provide for a jury of not more than
-welve and for verdict by any num-
Der not less than two-thirds of the
Jury, provided that, until otherwise
prescribed by the legislature, the jury
n civil cases in the district court shall
consist of nine and in the county court
shall consist of six, two-thirds of
whom may render a verdict
Van Horn said the legislature should
De trusted to obey the will of The peo-
lie and fix the exact number. 1t was
lot a question of saying that the peo-
de should have certain number of
jurors; but it was a question of leav
ng it to the people to say what they
will have without making them amend
he constitution.
PrepOnderance of Evidence.
Hart fully agreed with Van Horn. s
lie did not favor tying the hands of
he legislature on such a matter as
his True, there was precedent for
welve jurors. But he did not think
hey should stand. He believed in ma
ority verdict. He thought it paradox {
cal for the judge to instruct jury 5
0 find their verdict by pre-
onderance of the evidence, and
make it necessary to find that prepon- r
erance by an unanimous verdict. I
he best way of finding a preponder- '
nee of proof is through a preponder
nee Of the jurors. He objected to
an Horne's proposition on the ground G
nat it specified the courts. when !
ourts had rot been decided upon +
Van Horn said his substitute was in i
ccordance with the determination of i
lie committee on judiciary. k
Not n Radical Change. [
Evans of Weber, said the question
as not one of doing away with the b
Try system. but one of cutting down c
lries. Juries have not always been
imposed of twelve. Centuries ago,
hen men or women were accused of I
-imes they were tried by the whole
who assembled and judg- q
the case. AS time went on it was r
'und necessary to have fewer jurors /;