The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-13
THE JURY SYSTEM;
4 GREAT REFORM NEEDED
BY EB. T. WILLIAMS.

The law Is "hoary with age" and we
look upon changes with misgiyIngs, be.
| cause the law Is venerable institution "A
'Siupendous mass OF judicial learning" re
| plete with tho wisdom of ages OF expert.
/ euce.
Tho jury system is relic of barbarlsm.
| in England when the judge hauled the
( jury around I'm q cart from assizc TO as
size uutil 1t agreed there was no chance
for mistriai twelve men had to unaul.
monsly agree to the verdict. But In this
| enlightened age Of democratic govern
ment' when majority rules In almost all
matters, why should a jury be the single
exception, and require unauimityY
In civil cases a majority should rule. In
the supreme court of the United States a
majority Of the judges render decision;
SO with the supreme court of Georgia and
all the States.
|. II Is unreasonable to require twelve
minds to view a set OF facts In the same
light. II they do not, then some have TO
yield their opinion OF tho law and facts
though sworn To render a verdict as they
| appear TO them TO he right aud just, Ere
queuty want of unanimty causes the
d'sGtacefu practice OF balloting I'm the jury
or toss NJ of heads or tails, which de
| fcais justice and violates the sacred Oblga-
tons OF their oaths.
Another great evil that grows out of this
! requirement is mistrlalS, which are costly
10 the county and dscouraging TO uti-
giants. Think OF the opportunity also Tor
bribery or prejudice. III one Juror is cor
rupt and is bought, he can thwart the will
at eleven other good honest men. II he Ia
preludiccd against a lawyer or liugant he
can carry out his revenge by refusing 20
agree with the other eleven and defeat the
ends of justice. England and America are
the only great sticklers for tures In civil
cases. In continental Europe judges try
elyl causes, applying the law TO the facts
and a majority render the decision. We
believe In the jury system, 1t Is the great
bulwark OF American freedom and makes
meut by participating In its deliberations
aud In the execution OF Its laws. But this
institution Is not so venerable like the ark
Of the covenant that II should not be
touched. IL should he amended, and made
to keep pace with the onward march OF
events la every department or our great
and growing country
Several times the American Bar associa.
ton has recommended In It's committee
provided that a majority should rule Ia a
jury. And why should not a majority In a
civil case rule as In every other depart
meut OF our democratic insttutlonsg Some
corporations would object OF course. for
they say 1T Is easy enough now to get a
verdict against rs and we stand tho chance
Of getting one man who Will stand by MS
regardless QrcQuently OF his OATH. But
for the public good and 10 save the tire
mendous expense 10 the State OF heavy
mlstrials the majority rule should prevail
The Jury IS no more sacred than any other
department. OF government, There have
been all kinds OF systems In vogue among
the nations 81 the world. The old Anglo
saxon method was trial by combat, where
the stronger won. Among the Gauis when
men disagreed they decided u With the
nattaa AZ and the man who welded the