The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-01-24

Its Good Features ard uet IS are
Reviewed
By B. ID. smith Il PspeE Before the
Social Sci>ace Gluy.

Social SCi>Gce e.Ag.
The meeting of the social Science
club was well atten16d Tue 'dT
and an interesting paper by hT y.
D. Smith, on the Jury Sys, 10 was
read. Mr.. Smith was obligtl to be
out Of the city and the paper was
read by Mr.. W. l.. Comstock. The
discussion following was an interest
ing one. The Hon. Jerry Simpson,
who is stopping in the city was pres
ent by invitation, and at the close of
the session addressed the club for
few minutes, by request.
The question of enlarging the
membership OF the club to fifty again
came up, and resolution to that
effect was submitted to be called up at
the next meeting for consideration.
Mr.. Smith opened with brief &C
count Of the origin of the jury system
and the different stages of develop.
ment and improvement it has passed
TO the present time, and gave the es-
sential features followed in the trial
of a case by jury. He said that while
there has been much expressed dis
satisfaction with juries, and that
many yerdicts rendered are just causes
for complaint, he had often been
highly impressed with the discrimi-
mating righteousness of the great ma
Iority OF their verdicts. Much of the
disapproval expressed comes from the
defeated party, and often from his at
0gney, and it was also popular fad
1iscredit, ridicule and ahnse inrV..
H bis ridicule and abuse is always
ne at the system in general, and
any member thereof. Some
fur $ reach verdicts by reason
.Frassfeu o prejudice, sometimes in
rE-El.g gE bers are bribed. But
tnls sla option, not the rule.
Ea al ghe h. re cities he did not
rsts.g there was r1ch foundation for
corruption Much of the
a. 8gurs which 5me rom the jury
sys, sem has been gaa refusal of the bet
ter CT IS e c.la 10 er thereon.
The Oh rem 5g Cor b5s auforced
service u Upright ad iareIgent
citizens, aLd some elective Ge bod
can surely be devised lie on9a e.
lieve that the jury sv wolla 9a
abandoned, but tnar every aEglG "oull
be put forth to in prove z. and make
it what it ought to oe. Touching up
On the point of allowin jury sa rem
der a verdict by maj> tv got iD-
stead of unanimous az cement be-
called attention to the fac that E
1890 Minnesota adopted a ,0nstl5u-
tional amendment authoriziL 5he
legislature to enact a law proven
for verdict by tive-sixths of the jury
in civil cases after not less than 81.
hours elaboration. But so far the
legislature has declined to give such
legislation. Many leading jurists have
advocated majority on three-fourGhs
verdict in civil cases, and the conSti-
buttons of California, Texas, Nevada,
Kentucky as well as of Minnesota and
Utah authorize legislation along this
line. He thought that as such legis-
lation is allowable by the constitution
it would be well enough for the legis-
lature TO provide for it, and then if it
worked we'll all right, if not, the law
could be easily repealed. The pro-
vision that such verdict could only
be rendered after six hours delibera-
tiOn he thought was sufficient guard
against snap Judgment being taken.
The discussion was opened by
Prof. +. l.. HOltZ, who endorsed the
ideas in the paper regarding the i'm
provements of the jury system, and
made several other suggestions from
the point of layman. He did not
believe in the abolition of the Jury
but thought that the law ought to be
changed so that verdict could be
rendered by majority of the jury,
instead of the unanimous consent as
at present, and that such move
would do away with many abuses
which now exist. He believed there
were many instances where jury is
now used, that it could be dispensed
with and every purpose of Justice an
swered.
Mr.. Simpson was called upon by
The chair for few remarks, and said
ne did not feel competent to enter in
30 the discussion, as he was not law
yer and had never studied law, never
had law suit and had been upon a