The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-04

provisions in, regard to juries concern
only the right Of the citizen to trial by
jury The Legislature fixes the qualif-
cations of jurors and the general provision
Isl All inhabitants of county who have
paid their taxes for the preceding year,
of good moral character, and of sufficient
shall serve as jurors. The Code,
Section 1z22-3-4.
THE exceptions to the statute are as
follows: Practicing physicians, ministers
of the gospel, keepers of public grist mills,
all regular licensed pilots, members Of fire
companies, and the State Guard. The
Code, Section 1923. Officers of Insane
Asylums The Code, Section 1869. Tele-
graph Operators Acts SO, Chapter 255;
druggists, Acts 'S9, Chapter 2S9; undertake.
ers, Acts 81, Chapter 80; school commit
teemen, in compensation for their SER
vices, are exempt from working roads and
serving on the jury. The Code, Section
$3.50.
This patriotic duty, the highest per.
haps, a citizen owes the State, is, with
road service, bartered away as compensa-
ton for duties of committeeman. Such
are the many exemptions which have from
time to time crept into our laws.
Let US consider actual conditions in
North Carolina. We have a system of
Jurisprudence wisely devised and con-
structed, learned and just judges; home
loving people of intelligence and patriot
ism; indeed, we have citizenship of
scarce one per cent foreign born, where
every man you meet in daily life comes
of sires who fought for American indie
pendence; people whose intelligence
made for themselves good laws and whose
laws have been taught them by judges
speaking directly to them for century
in truth, people qualified to make good
jurors. Why, then, should we not have
justice in our courts? If we do not, we
know the cause-a good system badly adj
mnistered.
While it is evident to us that juries
in North Carolina should be both capa-
bic and intelligent, what situation, my
friends, confronts us in almost every court
house? Let US frankly and truthfully CON
slider it. A panel composed of men of lit
tie experience in matters necessarily com
ing before them; so often, of men whose
only claim to this responsible position is
their urgent need of the per diem. Is not
this true? And equally true the logical
result-unjust Yerdiets. My experience
tells me you cannot and must not aseribe
this condition to venality or even to the
ignorance or prejudice of the jury; though
to that low estate we do sometimes fall
While the statutes properly construed
take from jury service many good citi-
Gems, this does not constitute their great
est evil These exemptions are used no.
only to protect from jury service mem
bers of these organizations, but offer a
safe retreat for all citizens of our towns
who wish to shirk this service to the
State. small fee paid, and they are
enrolled in the list of honorary members.
1t is well known that almost every man
of business capacity in large towns where
a military or fire company exists, be-
comes an honorary member of one OF
these organizations, with the avowed pur-
pose of thus avoiding jury duty The
exception to this rule is so rar4 that
when one of these gentlemen takes his
seat in the jury box, without RI ,ading
this exemption, the court becomes an
ious for his safety and wishes to know
what delusion has befallen him. That
he may not interrupt the flow of justice.
he is promptly taken off the jury in The
ordinary challenges for cause until he
finally fades away in the crowd. or gets
permanently excused by an amIable coact
Il call your attention to a fact which
many of us have observed Considering
the average intelligence of the people of
the county, the best jurieS are empan-
nelled In those counties where there are
no large towns or cities-Wher.- these un-
just exemptions do not prevail: and for
the obvious reason that such juries con-
tain the best average of those counties
This condition is known to all lawyers OF
experience and presents the depIorable
situation, that In those forums where the
most important and difficult litigation
must be determined, the most incapable
juries arc empannelled. The farmer. a
man of intelligence, and in determining
matters of fact arising within bis own
experience, as competent as any man
rarely seeks excuse from this DUTY | dc
not say why; whether they are more con
scentious in their ideas of public SER
vice, or have a truer conception Of theis
obligation to the State. Perhaps our town
folks will say country people have not
the same temptation; that no organization
exists in the country, which, for a small
fee, offers the citizen immunity from Jury
service. This may be true but it does
not sound well. Indeed, we need moro
effectual elisors.
In the county of Forsyth, where rs
county town, WinstonSalem, has forty
five per cent of its inhabitants, the aver
age juries show that less than fifteen rcr
cent live in the town. l have been told
by one or two lawyers from other towns
in the State, that with them the per
cent of town people on the jury is even
less than that which / have given for
Forsyth county. OF course, such per-
centage Is out of all proportion &c the
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