The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-01-08

The new Jury law passed at the ses-
sion OF 1903 does not appear to be
working well, or, perhaps 1t might De
more correct to say, to be well work.
ed. Yesterdays breakdown of the
regular trial panel of the criminal d.
vision before Judge Robinson, so that
enough men were not left upon 1t even
to draw single jury from, Is not by
a great deal the first example of weak
ness in the new system.
At the term Just closed there were
instances of summoned jurors being
called into the trial box only to prove
lacking in qualifications for jury duty.
One of the latest such occurred In
the empanelng of the jury for the
Jones murder trial, when member OF
the panel stepped down and out on his
admission that he was ignorant OF
the English language.
Judge Robinson yesterday had to ex-
cuse a man who had been summoned
because he was not citizen, and an
other because he was neither voter
nor of voting age. How many he
should have to excuse IL 1t had come
TO the language test Is impossible to
say, but there is good authority for
saying that of the present years jury
list, numbering $50 names, for the
First Circuit, 25 per cent do not un-
derstand the English language.
Yet the law-Act 3S of the Legislature
of 1903 being "An Act Providing for
the Drawing, Summoning and Empan-
cling of Grand and Trial Jurors
states the following among the quail
ficatons of a juror:
81, If he Is male citizen of the
United States and of the Territory of
Hawaii, of the age of twenty-one
years, and possesses the qualifications
of a voter" etc.
"3. If he can understandingly speak,
read and write the English language"
While person is declared not COM
petent to act as juror:
Il. Who does not possess the quail
fications prescribed by the preceding
section"
Section of the Act provides that
1.-The Judge or Judges of each Circuit
Court shall, prior to the first day of
December of each calendar year, ap-
point for the next calendar year two
persons as Jury Commissioners, who
shall be voters of the Circuit well
known to be of opposite politics and Of
good reputation for intelligence, mo-
rality and integrity. Should a vacancy
occur in the Office of a Jury Commits
sioner at any time, the Circuit Judge
or Judges shall appoint person to
fill the vacancy. For the time actual
ly and necessarily employed in the per-
formance of his duties, each Jury Com
missioner shall be allowed by the
Court or Judge five dollars per day,
to be paid in the same manner as fees |
of Jurors
Section directs how the Jury Com |
missioners shall perform their duty. |
1t Is unnecessary here to quote more |
than two sentences, with the eXplana- !
tion that it is provided further on |
that the list in the First Circuit shall |
contain $50 instead of $50 names. The |
section says:
'The Jury Commissioners of each |
shall, before the fifteenth day
of December in each year, or at any
subsequent time If omitted or neglected
before such day, make a list of persons
to serve as jurors in the Circuit Court |
OF the Circuit for the ensuing year.
They shall proceed to select and list
from the citizens, voters and residents
of the several precincts in the Circuit.
as near as may be according to and In
with the respective number
Of registered voters last registered in
each of such precincts the names of
one hundred and fifty persons who, in