Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-03-03
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[BY A. w. LEE]
II has been said that on all the earth
The two most self satisfied peoples
with their own customs, laws aud man
hers, are the Chinese and the Ameri-
can ("Americans" is the recognized
official designation of citizens of the
United States abroad. American push
and Administrative ability are recog-
nized the world owed. Here in Mexico
the men who are running the railroads
and who are at the head of most of
the large enterprises are American.
Their ability is conceded, and they are
doing big things in this country; but
abroad, will admit that there are some
lines along which the United States
has not yet attained perfection. Posi-
bly,, under tbs category may come
some features of the jury system pre-
vailing In the United States. A gen.
tleman who has long resided in Mexico.
who Is a man Of large affairs, and who
has at times served on Mexican juries,
tells me that, In his opinion, there is
no comparison between the jury sys-
tenn OF Mexico and that of the United
States, Ia tho practical working out of
the ends Of Justice; and much to my
surprise, he insists that the Mexican
jury system Is in every way ahead OF
that Of the United States.
In Mexico, all civil cases are tried
before a Judge; all criminal cases of
Importance are entitled to jury. A
police commissioner can dispose of an
Insignificant case; case of a little
greater Importance goes to q minor
criminal Judge; parties accused Of
what are known in the United States
as felonies are entitled to a. trial by
jury. Punishments of all offenses are
graded by law, and the character Of the
offense settles the question Of which
court it will go to.
Mexican juries consist Of nine men,
thirty men are called for each case,
and out OF these ten are selected, nine
additional man is a substitute who
the others, and is for service If for any
reason any Of the regular jurors be-
come fncapacitated. In case the SER
vices of the substitute are not needed,
when the case Is finally given to the
jury, he does not go into the jury room
and does not participate in the DELHI
erations of that body. The qualiflca-
ticns for juror in Mexico are such as
to call for expressions Of surprise from
those who are familiar with the jury
system Of the United States. Jurors
are summoned irrespective of their ma
tionality. If they have been residents
of Mexico for two years, and possess
the required qualifications 1t is not nee
essary to be citizen In order to
qualify as a Juror, but it is necessary
to hold certain other quail 1cations, and
it is in considering this feature of the
Mexican jury system that the Ameri-
sIan fnds, occasion for the greatest sui
CO $ 2. a Mexican jjgyys os
/, must Roning Wploma emitting him to
practice IN one Of the following pro-
fessions: Medicine, law or engineer
ing; or, he must be earning salary
of not less than 500 per month. or he
must be member of a family that re.
ceiyes from its property an income OF
not less than $1,000 per year. He
must not be a relative of the accused
or have any financial interest In the
outcome Of the trial, nor can he be ar
intimate friend Of the party whose
case is to come before the jury.
In Mexico the lawyers have no chal
lenges of jurymen. It makes no diff
ference how much ,juryman knows
about case, how much he has heard
or read about it, he is competent tc
serve; the only exception being where
he has absolutely formed an opinion sc
strong that he feels that this opinion
could not be changed by the evidence
The only way in which an attorney
can challenge juryman Is to accuse
him of perjury in answering the
questions put to him by the Judge The
jury lists are made up by the author
tiles each three months. and the per
sons whose names appear in this list
are liable for jury duty during thai
period. When the lists are published
if there is any reason why they can
not or should not serve, they must g
once appear before judge and be ex
cused; otherwise, they will be heavily
fined. Employees of railroads whose
duties require them to travel regularly
Mexico receive no compensation; they
are, however, relieved from military o.
special police service, and after theil
names have been on the jury list fol
three months they are exempt from
Jury service for period Of two years
But the government does not pay then
for jury duty; it assumes that citi
zens should be willing to serve thei
country in this way during a period o
three months out of each year as ,
matter of patriotic duty, and not TO
the money that they might get out Q
1t. The Mexican system guarantee
that juries are made up of responsible
and Intelligent citizens, and not Q
people who hang around court rooms
Tor the express purpose Of obtainin.
service on juries for the money ther'
is in it.
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