The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-28
AN APPEAL TO THE LAYMEN.

AN APPEAL TO THE LAYMEN.
Two of the most important matters
pending before the General Assembly
are the repeal of all the acts that
make easy divorces and the repeal Of
the law giving the defendant twenty
three peremptory challenges in capt.
tai cases.
There is more public sentiment for
these measures than for any change
in the laws of the State upon any one
question. 1t has expressed itself with
reference to divorce laws through the
action of almost every church gath
ering in the State. Is the petition or
the thousands of church members for
a law to protect the home to be ig-
rored? During the past few years
there has been loud criticism in many
counties of what many people believed
was a miscarriage of justice, and IN
some instances the miscarriage could
be traced to the undue proportion of
challenges given to the defendant,
making it possible for his able attor-
neys to get jury to suit them, and Of
ten partial to their client.
The lawyers in the House are divid-
ed upon both propositions and the
duty devolves upon the members of
other callings to settle these important
questions. Heretofore When these two
measures were defeated the criticism
has been made, 1.-THE lawyers did 1t.
Fortunately this time the division
among the lawyers throws the respon-
sibility upon farmers, merchants and
others uninf1uenced by the interest of
clients or professional trend in their
mind. We may expect to hear good
lawyers, who have specially aggra-
waited case, appealing to the men who
must decide the fate of a righteous di-
vorce law, pleading for broader and
looser law than prevailed when the
Code was made in 1888, but the ap-
peal is made to them to heed the me-
moral of the great body of Christian
men and women rather than the
pleadings in behalf of one case that
seems surrounded by peculiar hard
ships. There must be hardships in a
correct divorce law, but loose laws
breed divorces and the breaking up
of many homes that would not be
broken up If the laws made all I'M
derstand that the marriage vow Is
'for better or for worse Let the
laymen in the Legislature heed the
prayer of the men and women and
not be influenced by the pleading III
behalf of one or two particularly hard
cases. They should legislate for the
good of the whole State and not TO
meet exceptional cases now that the
responsibility is placed upon them.
The same thing is true as to the law
reducing the number of peremptory
challenges by the defendant from 23
to TO- This writer has never yet heard
any person, not a lawyer. uphold the
law giving this great advantage to a
defendant, and a majority of the Jul
dietary Committee of this House has
recommended Judge Graham's bill re-
ducing the number. The defendant
should be guaranteed a fair trial and
given the beneht OF the doubt. But
that is enough, and under Judge Gra-
hams bill he is given ten peremptory
challenges to four to the State. There
is no disposition to take away from
the man on trial for his life any
right that will insure him a fair
trial. Judge Graham's bill reserves
this to him but takes away an undue
advantage that oftens results in the
acquittal or mistrial of a guilty man
who would be convicted but for the
undue advantage of the present law.
Nine-tenths of the people stand for
repeal of lax divorce laws and reduc-
ing the number of peremptory chal-
lenges and it is to be hoped the Legis-
lature will grant their just demands
in these two particulars.