The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-04-06
THE JURY SYSTEM.

THE present Governor of the State has been Sc
verely and Justly criticized for his failure to sign
amendments to the Code OF Civil Procedure that
would have improved the manner OF selecting jurors.
But it may as-wel be understood by the public that
the deepest evils in jury system grow out OF the
OF its administration and cannot be cured
merely by legislation Occasional Investigations are
paraded and the country for brief periods imagines
that public exposure will insure actual reform.
These spectacular episodes, however, usually
mere sideshows that do not even rufle the serenity
OF the men who are really conversant with the
methods employed in influenced" litigation.
There is nothing more difficult to trace and to
prove than the fixing OF uries But there are
some observed facts that go long way in the right
direction. For example, there many persons OF
limited incomes, retired from active business who
seek get their in the jury box or on special
venires, of which many summoned at the City
Hall and in interior counties where Courthouse
rings" exist This is accomplished by suggestion
usually through friends within and without municipal
and county Offices. OF these men some are honest
and simply anxious to per diem. But the
practice is vicious for it opens the door to the pol
luted hacks who aspire only to opportunities per-
justice, either by controlling verdicts forcing
disagreements. Again: panel OF jurors drawn
from box will probably contain fair proportion OF
reputable citizens, anxious to serve, but also
number who are so thoroughly trained and ex-
perenced that they can begin trial with fixed pur
pose to disregard the evidence and achieve their OBJ
iect without danger of exposure. These villains, for
such they are, promptly obey every call. They are
letter perfect their voir dire and never reveal
knowledge OF party of the subject matter at is
any bias, prejudice opinion whatever After
four peremptory challenges each side they
be excluded and once sworn the mischief is done
striking illustration OF this method OF corruption
deserves notice. In an action against railroad cor
poration the regular panel in department of the
Superior Court consisted of no citizens, or there
abouts, of whom eighty were beyond criticism, and
the others mainly belonged to the wretched class we
have described. There, in other departments, after
the panel had been drawn, in order to minimize the
inconvenience OF service, jurors specially mott
fed to attend by postalcards by the clerk by
the bailitf. In the before us where the prem-
mary tests necessarily rigid, the box was filled
up eight times before a full jury was obtained
Eightytwo jurors the best OF the lot failed to an
when their names were called. The others were
all present, and disagreement inevitably followed
1t appears certain that in this instance endlessy re-
peated, for some occult reason many notices were
suppressed.
Such frauds perpetrated under the judicial eye
and IN such an example as we have given conn1vance
by court officers was essential to success The Judges
are unconscious OF the rascaty, which could be
easily blocked by aertness their part. But there
many ways, both in original selection and in
specific trials in which tainted and cunning agents OF
special interests succeed in defeating righteous judg
ment The weaknesses, the necessities and the sur
roundings of jurors studied, and they are sub
ected to the most nsdious approaches Corrupt YER
diets equally corrupt disagreements are not al
ways procured by the direct expenditures OF money.
The influences employed are as diverse as individual
situations and temperaments
1t is said that there corporations in San Fran
cisco that, for their guidance, have descriptive
lists OF citizens eligible jury duty and who instruct
their attorneys, that they select jurors prac-
tcay without examination. This enormous advan-
tage ordinary itigants produces marked Unequal
ity before the law
The jury system is necessary to free government.
Most American citizens make honest jurors. But it
is too evident for discussion that while safeguards in
selection, such those incorporated into the amend
ments discarded by the Governor, important in
creased vigilance and more practical discrimination
by courts by their officers and by the bar are even OF
more vital consequence.