The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-02-12

The same guaranty of right of trial
by "an impartial jury" was secured to
the citizen in the constitution of 1885,
and the construction thereof was made
under an entirely different state of
development than to-day surrounds us;
but the adoption of the same form of
expression in the constitution of 1884
and again in that of 1870, left our Su
preme Court nothing else to do but to
follow the beaten track of former de-
ci5ions constituting this same provision
in our first constitution.
But since the beginning of our State
we have become a great and flourish
ing commonwealth. Education has be-
come matter of general opportunity,
and our public school is now blessing
which every child may enjoy. Nearly
every county in the State can boast of
its own newspaper, and the great daily
and weekly journals penetrate the ut
most parts of the State. We are essen
TALLY and above all things nation of
newspaper readers, and are becoming
more and more so every day. On
account of this rapid and wonderful in
crease in readers the development of
the American newspaper has excited
the wonder and admiration of the en-
| lightened world. There is no transac-
ton too trivial to be recorded in these
daily journals, and the chronicles of
| nr ~ NIT o1l n Ioll 81, e. 8
art and all the charm of fiction, forms
one of it's largest and most especial
| features. And it is to be regretted that
such items of news attract the most nu-
merous class of readers. So that it can be
seen that that construction of our consti-
tuition which excludes from the jury the
man who may have formed an opinion
from reading newspaper account,
tends, as said above, to put the admins
tratiOn of our criminal law into the
hands of the nOn-reading and more
| ignorant classes. There are few men
who read newspaper account with
any attention and interest but who
| form an opinion on the basis of that
account, yet who are still able to weigh
impartially the accredited testimony
delivered on the trial and to measure
out even handed justice between the
State and the defendant. If the dangers
of injustice from a jury of reading men
are greater than the dangers of injus-
tice from jury of non-reading men,
then education is curse and civ!liza-
ton a crime.
But the mere statement of this prOpo-
sition is sufficient to show its absurdity.
Intelligence is the greatest power on
earth, and the safety of nations as well
as individuals, depends upon it, and
our laws should be so shaped that the
administration of affairs would come
more and more into the hands of those
fitted by education and intelligence to
discharge the responsibilities of public
duties. Our constitution should be
amended to meet this construction and
to change the law governing the com
potency of jurors. The progress of
civilization demands it. The spread of
newspapers and the increase of readers
require it in justice to the accused and
to the State. The opinion of the legal
fraternity is we'll nigh unanimous in
favor of it.
But we do not care to press this sub
| iect further at this time. 1t is simply
our object to suggest those matters for
the consideration of our readers and to
point out the constitutional difficulties.
1t will not be long now before the
people will be called upon to vote upon
the question OF holding Constitutional
Convention. The first Monday in April
is the day set apart for this purpose by
the special session of the last Legisla-
ture. 1t is not possible even to suggest,
in these articles, all the reforms that are
needed, nor to forecast but small por-
ton of the good that would result to the
State and to the people thereof, from
the deliberations of Constitutional
Convention. 1t is the history of such
bodies that they are composed of the
very best talent that the State affords.
1t is place of grave responsibility, and
no mans attainments, however con-
siderable, raise him above the honor
and dignity of the position. Much
good then besides that which can be
fairly counted upon, can be hoped for
from the careful deliberations of such a
body of men.
In this paper we conclude that part of
this subject which pertains to reforms
in the administration of our criminal
law. We have left much out that
might have been written, and have been
content to make these few suggestions
in the hope of calling the attention of
our people to the Importance of the i'm
pending election and to impress upon
them that Constitutional Convention
is absolutely necessary for the accom-
plishment of many desirable reforms.
In the next article we will take up
the subject of county government.
SAM HOLDING.
Wanted,