The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1897-07-22
FOR SELECT JURORS.
RECENT LEGISLATION DANGEROUS TO
THE RIGHT OF TRIAL BY JURY.

Special Juries Selected by Commissioners
For the Trial Of Important Cases-some
High In Authority Seem To Think the
Jury System Has Survived Its Usefulness.
Juggling with the fundamental right of
trial by jury has recently been attempted
with varying degrees of success i'm IA num-
Der of states One of the new far western
states has undertaken 20 get rid of the
trouble and expense incident TO disagree
ment of juries by providing that major
ity vote of the juries shall constitute "a
verdict in civil suits. The new constitu-
ton of Delaware denies Il jury trial TO per
sons accused of bribery or corruption in
elections Whether this denial and the
provision for trying such defendants by
commission Of judges will stand "a test of
the federal courts is possibly an open ques-
ton, but there can be no question as to
the truth of the proposition that such local
conditions as require that sort of treat
ment are more than a local misfortune.
We recently commented on an act by the
New York legislature intended TO deprive
offenders against the Raines liquor law of
jury trial. The courts made short work
Of that bit OF strategy by declaring it un-
constitutional, but the same legislature
perpotrated another juggle with the jury
system which may not be condemned by
appellate tribunals, although it is "a de-
parture from old landmarks and an ex-
pertinent in a new if not dangerous di-
rection.
This new law, the text of which we have
not seen, is epitomized in the New York
Mail and Express, and that paper believes
| it to be "fraught with peril, because 1T is
| d blow ut the fundamental principle OF
trial by jury, in that it arrays the classes
in one jury box and the masses in an
other. "
1t applies only to New York city, as we
understand it, and it provides for special
juries to DO selected from list of 5000
men prepared by special commissioners for
the trial of important cases-these 5000
to be exempt from ordinary jury duty.
These jurors will be examined not by the
court, but by the ommissioners-another
distinction. The same paper says their
qualifications are to be higher than those
demanded of ordinary jurymen, the aim
being to secure men of the highest intelli-
gence and culture for cases peculiarly in
volyed, and entice, by the exemption stat
ed, those prominent and influential citi-
zens who habitually dodge jury service by
excuse or the payment Of the statutory
fine.
In other words, there is to be q list of
the elite and list of the plain, common
people-the former to try one class Of cases,
the latter the other class. But who Is to
determine what cases are important
and therefore triable only before the cul
tured and intelligent jurorsP case in
volving the property rights OF poor man
although the amount at stake may not be
more than few hundred dollars, Is as I'm
portant to him as case where thousand:
are involved Is to the wealthy litigant
When we come to the criminal courts, II
will not do-and the men who enacted this
law should have known that 1t would moi
, do-to make any discrimination between
the most vulgar tramp charged with thief
and the gentlemanly defaulter or the ur
bane bank wrecker.
We do not suppose the authors OF thi
; law intended to furnish aid and comfor
l to those unprincipled newspapers ant
bowling demagogues who get their LIVING
I by fomenting class hatred 1t would be alb
, surd to charge any such intent against
majority of the legislature or the governor
| But If they, one and all, had earnestly de
. sired to furnish capital for the exploiter
| Oh UnuU DuUclul CTuSdue, IL tHcy hdu Viii
gently striven and seriously intended t.
r pour oil on the flames of discord that dema
4 gogues have lighted, If they had aime'
: solely to widen the breach-already broa'
y enough-between "the masses and tn
!, classes" they could scarcely have found
. : more effective agency for the accomplish
l ment of their purpose than the passage Q
this measure.
n We hope the appellate courts of Ne'
!, York will kill this disturber Of public tran
= guilty. No such doctoring of the jur
system as that can long be tolerated.
the refined and cultured men of Gothar
will not sit on juries with tradesmen, le
them be fined, but let there be no elias
= of cases which cannot be tried by zig goo
a and true men" chosen in the usual way
None of the faults of the jury system
remediable by this device. Washingto
;, Post.