The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07

the administration of justice. It's
great value makes it well worth pre-
serving in order that its future may
not be jeopardized. Every wise
friend of the jury system wishes to
see it protected from abuses which
weaken it's force and lessen confidence
in it's efficiency. In the last few years
considerable criticism has been heard
in this State of the results of trials be-
fore juries. Unthinking men, seeing
occasional miscarriages of justice, are
inclined to condemn the whole sys-
tenn. The wiser course is to ascertain
the cause of this criticism and to re-
move it. A jury, like every other ag-
gregation of men, is good or bad, ac-
cording as its average virtue is high
or low. If good men compose the
jury, its work is good. If bad men
make up the jury, the verdicts are
apt to be disappointing. We believe
the greatest fault to be found with
fact that many of the best citizens
have managed to avoid jury service.
Their places have sometimes, though
not often, been filled by men whose
prime idea was to draw the per diem
provided for jurors, and not to see
that justice was impartially admins
tered or by men who could be "in-
fluenced" by successful lawyers. The
professional juror is one of the weak
est points in the system. Too often
he is an obstacle in the path of JUS
tice.
We believe that there have been
five principal causes whereby the gem
been impaired. They are as follows:
Cd The Legislatures in the past
twenty years have enacted laws ex-
empting a number of men from jury
duty. Every man who became an
honorary paying member of a fire or
military company was exempted. He
had only to produce his certificate of
membership and he could not be
compelled to serve upon the jury.
Many busy men felt that they were
not taking an improper advantage of
the law by thus procuring an ex-
emption. There were a number OF
other similar exemptions, whereby
good men escaped jury duty.
CD County commissioners made
the jury lists rather small Instead
of placing in the box the names of
all duly qualified electors who had
paid their taxes for the preceding
year, were of good moral character,
and had sufficient intelligence, often
only a comparatively small number
OF such names were placed in the
box
CD When the jury is drawn, often
busy men, who think they could i'll
afford to spare week from their
business. go to work industriously to
secure from the judge an excuse from
service.
(4) Judges have too often yielded
to the opportunities of jurors and ex-
cused them from this service.
(5) Lawyers have sometimes "stooG
in" with some county officials and been
able in a sense to pack the jury. Some
lawyers have obtained much prac-
tice because "he is said to be good
lawyer to pick a jury" Instead of
being a compliment, that statement
often carries with ii the idea of inn
proper or questionable capacity to
pick jurors who owe such obliga-
tons to the lawyer as to deny a fair
and impartial trial.
These and other causes have often
resulted in the selection of men for
jury duty who do not represent the
industrious and busy life of the com
munity. Often are some of the jurors
selected from those who have but
little to do, and who sit in court wait
ing to be called for such service.
The last Legislature has abolished
one of these causes. Hereafter there
will be no exemptions from jury duty
except the following: "No practicing
physician, licensed druggist, telegraph
operator who is in the regular en-
ploy of any telegraph company or
railroad company. train dispatcher
who has the actual handling of either
freight or passenger trains, regularly
licensed pilot. undertaken who is a
funeral director, officer or employee
of State hospital for the insane, or
active member of a fire company,
shall be required to serve as juror.
The Legislature has done its part.
On the first Monday in June the
county commissioners will have an
opportunity to do their part. At that
time new jury boxes for the next two
years are to be prepared in every
county. Subject TO the foregoing ex-
emptions. every voter who has paid
his tax for the preceding year. is a
man of good moral character, Cor. in
the language of the law. is a good
and lawful mani. and possesses suf-
hcient intelligence. is liable for this
duty.
In our opinion. the larger the jury
box is made. the better it will be
fo, tho adminiStra tion IF 5actice If IL