The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-12
STRUCK JURY law
HOUSE SENTIMENT SHOWS THAT
IT'S DAY ARE ABOUT
NUMBERED.
NONE TO SPEAK WELL OF 1T.
LEST SENATE MIGHT CHANGE,
THEIR BILL Is TO BE SUBSTI-
TUTED.
MDONALD LEADS A LOSING FIGHT.
His Bill to Have Jurors Instructed
in Writing Is Ordered Indefinite
~ Postponed.

1t is now a safe guess that the struck
jury law with all it's hideous menace
to the poor man who becomes entanSled
in litigation, will be repealed by the
present session Of the legislature, the
senate bill providing for its repeal nav
iEg reached the house committee on
judiciary while the house measure Oh.
F. y introduced early in the session by
Mr., L~aybourn, of Duluth, was yester-
day considered on general orders and
recommended for passage. Second only
in interest to the election contest in
the morning. the consideration of the
struck jury question was taken up late
in the afternoon and provoked q lively
tilt between several of the members,
n permitted others TO lift their voices
against the iniquitous measure now on
the books of the state. Representative
Staples was chairman Of the committee
when the bill was called. There was
some talk as to the advisability of a
motion to substitute the senate Measure
for the house bill SO as not to allow
the matter to again come before the
ena and run q chance of defeat. 1t
was decided best to avoid this and the
substitution will be made when the
scI.ate file turns up in the house.
Mr.. Donnelly took occasion to re-
mark that the law was the result Of
one of the most Ubiquitous bits Of legis-
lation in the state, and was in direct
opposition to the spirit and letter CT
the American jury system. He cited
the fact that one of the bones Of con-
tcntion between this country and Great
p ifofn u-a- tho ofoyVoinofi on Of A M npi
cans to enjoy the right of trial by jury.
This SYSTEM said Mr.. Donnelly,
simply permits one man, the sheriff,
to go out and secure a list Of jurors
from which the attorneys on both sides
may strike names until there are but
the requisite number left. If report
be true, rich persons or corporations
hand a sheriff, say $500, and he comes
back with a list and all the poor fell
low on the other side can do is submit.
The system is YillianOus and ought not
to be allowed TO stand a minute longer
than is absolutely necessary"
THE fact that this matter comes up
in his way" said Henry Johns, "at
this time allows me to fulfill a promise
1 made, not only to my constituents,
but to a number Of others to explain
as we'll as 1 could the workings of this
struck jury law. The cost Of a common
everyday jury is about 49," said he,
continuing, but when a struck jury
is called the expense to start off with
is about $50 at the lowest estimate. This
is increased if the jury is held for a
dsy or two for any ~reason. He next
went into the history Of the law which
had given the public this pernicious
system in favor of corporations against
poor men, and intiInated that the bill
for the re-enactment OF the law two
years ago, was allowed to skulk along
the highways and byways Of the judi
cary committee, and that, although
he had wished to fight it tooth and nail,
he never could just discover its where
abOuts until it had been made a law.
This brought a vigorous disclaimer
from Mr.. jacobson, who allowed that
Mr.. Johns could not have tried very
hard to find it or else it would. have
been an easy matter. In this position
he was joined by Mr.. Feig, an opponent
of the measure at the last session, and
also Mr.. UndeTleak, the chairman Of
the judiciary committee two years ago.
Representative Dahl rose. and with
great effect, said: Il was here
in the house during the last hours when
the struck jury bill came up, and I
heard neither the %sOnOrous. bass of the
gentleman from Kandiyohi, nor the
robust tenor Of the gentleman from Lac
Qui Parle, more than [ did the mellow
eloquence of the Ramsey member"
Il recall that several OF the men,
bers Of this house were not in condition
to hear anything" was the prompt re-
tort from Mr.. jacobson, made without
rising in his seat.
The upsbOt Of the whole matter was
for passage found a ready response,
and it was disposed of in this way.
Mr.. Foss, the determined menber
from Grant, dragged in his morbid
sentimentality' bill once more, and
after several amendments, some Of his
own, and others contributed, had been
affixed, the bill was again recommend
ed for passage and will probably go on
to it's second death on the calendar
early next week.
Mr.. Mcdonald made a pIucky fight on
his bill CT. F.. So to provide that in
stTuctiOns to juries must be in writing,
but the country members got after him
and convinced the majority Of the house
that it was a bad thing to force judges
now in the habit of hearing and dis
posing of -four or five jury cases in a
day, to write instructions which might
have to be repeated or amended with q
consequent loss Of time. At the outset,
the sentiment appeared to be divided,
each view having found supporters,
but as the time went on, Mr.. Mcdonald
and his bill lost ground and it was