The Montgomery advertiser., 1903-02-14
Best Ways to Make Human
 Life Safer in Alabama.

churches; members of the Alabama State troops; practiclns dentists; consular agents of foreign governments; justices or the peace; constables; keepers or pubic mills; ferries; toll bridges and toll gates; members of incorporated fire companies; all mail contractors; owners Of a pubic stage; all registered druggists and phar- macists, actually engaged in their pro- fessions; the officers Of any railroad or other road constructed under the authori- ty of this State, whose duties would ma terially interfere with serving on juries Acts of Alabama 190O-I, 1872. The men ton of the foregoing, which does not em- brace all the classes exempted from Jury duty, Is sufficient to present the inquiry whether there are not persons exempted from jury duty from whom 1t would De wise to take away the exemption.
 Passing upon rights involving life, liberty or property, sometimes reaching judgment from conflicting testimony, Is admittedly a duty not to be sought by those best fitted for its performance. No matter from what classes we taAs the jurors most appreciated by those whose rights are Involved, the juror must sui fer the personal inconveniences and res possibilities of the performance Of his duty. There is a decided tendency on the part of many citizens of superior wealth and intelligence, 10 avoid jury duty. Should the law so environ them as to permit this avoidance. or should the dS Wcii tiC DShSifsS VA institutions fall as equally as justice will permit upon all citizens?
 Legislative wisdom may also apply IL. self concerning the qualifications Of those who are 10 determine human rights; Should a man do jury duty who would allow his own convictions and personal sympatnies even growing out Of the ac- complisned facts of the case, 10 enter into the consideration of his verdict or should his verdict be predicted entirely upon the evidence as measured by the law, exclud- ing all feeling and sentiment! snoulo not the juror, from whatever daily aVoca- ton taken, be willing and able in render, ing a verdict to exclude with impartial discernment all things save the evidence, admeasured by the lawf
 Whether the parties to suits or prosecu- tons entitled to jury trials, can now at all tines secure jurors of the quaLnca- tions to which they should be entitled, is a question for legislative determination (D When a capital case is on the trial docket for trial at the ensuing term or the court, the clerk should by law De re- qured to summon all witnesses TOT the State and defendant to appear on the nrst day of the term at which the case may be tried On that day the case should be called; the State and defendant given compulsory process for witnesses, II need | be, and the case continued for the term, | or the special venire drawn, and the case set down for trial on later day Of the term, with a right to a continuance on | that day by the State or defendant, upon | legal cause shown to tho court By this procedure the constitutional guarantee of the accused to have compulsory process
 for his witnesses woild not be invaded, | and a more speedy. yet as fair trial
 would be given with greater economy. | (5 A trial judge may be learned | lawyer and a duty-doing man, but, since
 the beginning of our judicial administra- | tion the best of them have sometimes
 erred. When a trial judge commits an | error, and such error Is submitted to the Supreme Court, that tribunal must in duty
 bound announce its decision, without re- l gard to consequences. The Supreme Court | was established for that purpose, on the | correctly presumed idea that the trial | judges of the State would sometimes | make mistakes which should be correct | ed.
 | The long detention sometimes of cases | In the Supreme Court is incident to the | impossibility of men-even judges of a | Supreme Court-doing the impossible l Men, no matter how learned and anxious | to do all the labors their duty requires | have no power to go beyond the limits oi human abilities.
 The Supreme Court as a court of last resort cannot under its responsibilities tC
 the people of the State promulgate Ill., | judged decisions. The older Alabama re- ports are not without examples of the evi | consequences of the announcement by | that great tribunal of decisions without
 
 | that court the parties to a cause must
 have opportunity to be heard at the bal
 orally; the Justice to whom he case is
 assigned must have time to examine the | record and prepare an opinion. whict | opinion must be brought to the consul | tation room for the consideration of al | the justices. To obtain a concurrence oi
 opinion of at least a majority of the jus. | tices. Is oft-times a matter of protracteC l investigation and continued consultation If the Supreme Court was constituted
 of two divisions, of a sufficient number | of associate justices for one division tC
 consider and decide criminal cases, anC | the other equity and civil cases-one di vision to hand down its opinions as tho decision of the Supreme Court, without | consultation with the other division, the
 power of the Supreme Court for deciding
 cases would be increased two-fold. Th(
 duties. of the Chief Justice. Clerk ant
 Reporter could be adjusted to the re qurements of the divisions, and undel
 the orders of the justices the records anc
 reports maintained as of the Suprem, | Court. J. C. Richardson.