The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-15

The problem how to secure bet
ter class of jurymen has troubled this
country for many years. In the earlier
days Of American society the cosnmuni-
ties were small and men IF all classes
were drawn upon for service. None
thought Of refusing. and a jury In New
England used 10 be In fact what IL is
supposed 10 be-a gathering of repre-
sentative men Of the community. As the
villages grew into towns and the towns
into cities, men became mere engrossed
In their OWN affairs. and as excuses be-
came more common. various expert
ments were tried with 4 view TO en-
forcing service. The readiest means was
fine, bu. this method has the disad-
vantage that IL IL were too low the rich
would willingly pay it and escape. while
II IL were too high IL worked Il hardship
upon poor men. who might be needfully
absent.
An article by Theodore Triton. pub
iisheG some years ago IN the New York
Independent, has recently been repro
duced. In 1t Tiltoa complained that It
was provoking when business was az
the thickest. when engagements Were
most pressing. 10 be snatched from
clamorous duties ane kept for days by
service in somebody else's affairs. He
asks;
What will you do. Get excused Not
wh.le such a man sits on the beach rs the
judge who ordered that summons. lie ex-
cEsss nobody on the plea Of other engage
mems he believes that man who has
important business Of his own Is tas, the
man 60 be juror upon irnportan. bust
Eess OF others, He IL right. The other
day. when one o. the busiest men OF the
city, on being summoned with Ike nc
tics, made the common excuse II urgent
business he was denied. He then offered 10
pay ;he ss5 hat the Judge said I can make
Z SEQ And T. responded the merchant,
'cna PAY 1t But inserposaa the judge,
I can make I; 500 ! can pay tAat' re-
,ertei the gentleman. a l!itle excited
But added the Judge. with dignity. I
can lsnprlson you, u yon refuse Then
said the rich man. res!gnlng hiulss6, and
smiling. 7 viii do my duty aud serve.' X
WAS no more than his dutv 90 ssrve The
Judge woald aave failed n hts duty had he
not Insisted upon the service"
II has been proposed TO abolish the
Jury system. except IN criminal cases
and actions arising In tort. leaving all
matters ~ account. contract. title and
estates entirely 10 the court. This has
beer opposed oy some of the most en-
lnent iuris:s. Justice Barrett is one Of
those who believe thai. no matter how
. many safeguards of a proper character
the law throws around he accused. If
only twelve faig-uinded honest. tmpar-
tial nen could he obtained no amount
~ saphiS;ry or % dust thvown into their
eyes could change them from arriving
at really Just result. lie says further
ths; 'shey set az the heart and BOTTOM
~ things Far better than we judges DO,
hope the judges never viii ~ the Judges
| og facts. bat viii have Jury To lean
! upon. aud when a jury saws that Il be-
j neves In The Innocence or the guile If Il
man. never spt ur my oYsint0n against
+ It" This VAS said az criminal trial
! bat IL applies equally to e.va questions
/ Nevertheless evea So high an auihor-
as As Lesser is forced ia the conclusion.
/ following. e nsay be said. he view @.
+ Zessier. that average Jartcs are nsucn