Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-29
SSA BAR THINKS LAWS Cow
ERNING THIS NEED CORRECTING.
JUDGE HOLT ON JURY SYSTEM.
BENCH AND BAR LARGELY RESPON-
SIBLE FOR DEFECTS.
Association Appoints a Committee to
Draft II Bill Amending the Jury
Law Lawyers Meeting
Closed With BnnIuel
Last Night.

Topeka. Kas., Jan. 2s.-(Special.) The
initial step was taken to-day by the State
Bar Association to correct the laws gov
erning the drawing OF juries. Judge w.
q. Holt, of Kansas City, kas., i'll a paper
on The Jury System" pointed out the
weaknesses of the present system. His
address was discussed at length and the
discussion eliminated in the appointment or
a committee to draft u new bill to amend
the jury law. The measure will be pre-
pared and the attorneys of the state Will
use their influence ut the next session of
the legislature TO have il passed. Just
what changes will be made the attorneys
do not know. The committee was instruct
ed to think up something. one OF the
things likely to be changed is the law re-
curing the verdict 10 be unanimous. IN
this country of majority rule it is con-
tended that majority rule should apply 10
Juries as well as anything else.
Whatever defects there are in the jury
system" said Judge Holt, 1.-The bench and
the bar of the country are largely response
BILE for them, and continual complaint
should not be made of an evil when the
complainant does nothing to remove the
evil or better its condition. No sound argu-
ment can be made that will justify the Sc
lection of a man who is inexperienced IN
human affairs. unintelligent, of known
pltJielI's, Il
kinds OF crime and of doubtful character
to be selected as Il juror whose duty. ii Is
to determine the guilt or innocence or one
accused of a public olfense, or to ilnd the
right OF u civil controversy; and YET such
u thing is not only possible, but often oc-
ours, under our present metnou oi seiee'-
ms jurors. chic
state, the township trustees ana mayors
OF cities not included within u township
are charged with the duty OF ScltttlIS.
from those assessed OH the assessment roll
for the preceding year, one person Tor
every fifty Inhabitants within their reSpec-
tive townships or cities, as the case may
be, whom they deem suitable persons, ana
who have the qualifications of electors. In
making such selection. they are TO choose
only those who are not exempt from SerV-
ing on juries, who are possessed of fair
character and approved integrity. who are
in possession OF their natural faculties.
who are not iriirm or decrepit, who are
well informed and free from legal eXcep-
TONS, who have not, either in person or
by any other means, solicited their selec-
ton as jurors, and who have not served
as jurors in any capacity ut any term OF
court during the year next preceding. This
law was passed in 1876, and stood without
change until 1857, when the legislature
amended the law by providing that three
commissioners should be appointed b. the
governor, in counties having II population
of 5000 and upwards, who, instead of the
township trustees and city mayors, should
stlttl liit ulois tIiS U elH III u
pointed proper persons. the operation of
this law was Il marked Improvement over
the old law, but at the last session of the
legislature this act was repealed. and Jurors
are now selected in all counties in the
same manner.
State Has OutGrown Old Law.
The conditions of the state nave mater
tally changed since the passage of our jury
act. Then We had no large cities nor pop
ulOuS townships Than q tourSbin tr,stoa
or n mayor of a city knew every taxpayer
or person suitable Tor IL juror. within his
jurisdiction, but now the situation is quite
different, at least. in the larger cities,
where it is m upon the mayor to
select each year. at least in one instance,
about 1000 persons for jury service. 1t is
not TO be expected that any mayor has
such an Intimate acquaintance with the
persons whose names he finds on the as
seSslnent rolls that he can select from
among this number even half a thousand
persons who possess the qualifications con-
ttfnplated by the law. and as a consequence
the selection must largely be at random.
The same may be said of mayors of the
smaller cities and of trustees of populous
townships, and hence where the spirit and
OBJECT or an act cannot be fulfilled or sub
stahtlally carried out it becomes a source
OF continual wrong. and ought to be repeal-
ed, ana such a law passed that will meet
the requirements of the situation.
The whole body of the taxpayers is
placed at the disposal of the law. and the
very Importance of a trial demands that
tons of any kind or nature are placed upon
the selecting power If. within the number
of the taxpayers, there are men more com
petent than others for this important duty,
they should be chosen.
IT would be far better if a person or
court: whose, sole duty should be to make
a ilil inve .tisation of each person eligible
Tor Jury duty whose name appears on the
assessment roll. and make a record of the
result of, the investigation for the inspec-
ton OF the court. and from this list, with
court. select Il sufficient number of persons
for jury service. The persons so appointed
should receive a reasonable compensation
tensiVe acquaintance with the people. and
the jurors 80 selected should not he subject
10 challenge on account of having served
as Jurors AT any time prior to the time of
their selection.
What IL Trial Should BE Like.
"A trial should be more like a school Of
instruction to the jury. Every appliance
known to human skill should be by law re-
CURED to the employed to bring clearly be-
fore the minds of the court and jury every
fact in the case. The jury should not be re-
prlred to guess at anything, nor TO supply
a missing fact, or an indistinCt description
Of some fact from sources other than from
the evidence. A courtroom should be sup
piled with every facility necessary for the
proper presentation of the case. The jury
should not be expected to sit through days
with minds wholly unused TO such an or
deal, to remember, without assistance.
every detail of the evidence. 1t is all that
the trained mind of an experienced judge
and the counsel familiar with the law and
the facts can do. and jurors should have
such agencies as would enable them TO nave
the whole case before them when they de-
l.beIate upon what their verdict shall be.
Such Il course of procedure mag be eXpen-
sive. hut it is much better expensive than
be an injustice.
Of the iliue and the duffy of the iNrV To
the end that the jurors should be impressed
with a full sense of their duty and held to
a strict accountability for the proper dis
charge of the duties of their office.
.If, therefore,. the power of selecting per-
sons for Jury duty is placed in proper
hands: the opportunity of selecting an i'm
partial panel presented to every litigant.
panel so prepared that they may receive
the evidence understandinely and in an in
telligent manner: the facts constituting the
cause of action and defense brought before
law so applied to the evidence and given
to the Jury that it may nave no mistInder-
standing as to who shall be entitled TO a
verdict, when the weight of the evidence Is
the courage to perform it-then no stones
can he flung at the jury system, and if
Justice is rot done the fault will not be
in the triers of the facts
Judge Carver led the discussion and II
was on his motion that a committee was
appointed 10 draft a bill.
T.. l.. WiIIiums' Able Address.
F. l.. Williams, of Clay Center. delivered
an able address on THE Law of Impeach-
ment." He opposed this sort of proceeding,
and the applause which he received when
he concluded the reading of his address in
dictated that the other members of the bar
were with him on the proposition. He