The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1906-04-19
JURY ACT MAY
REv0I-uTIoNIzE
Hutchinson Bill Passed By
the Late Legislature
Raises Muoh Elsubt
IUpaE syvDvERE TO INTERPRET
METHOD PRESCRIBED BY THE
MEASURE FOR SELECTING JUR-
oRs SEEMS DIFFERENT FROM
THAT IN PRACTICE

THAT IN PRACTICE
Chief Justice Gummere will be asked
to interpret the Hutchinson bill which
relates to the drawing and selecting
grand and petit jurors. 1t is thought the
bill will revolutionize the present system.
In the first paragraph of the measure,
which relates to the composition of grand
juries, a comparison with the act of 1897,
under which the court and sheriff hereto
fore Rave acted. seems to reveal no
change, except in the proyiso that every
person summoned to serve ''shall not. di-
rectly or Indirectly, have any official in
terest in or connection with the adIninis-
tration of justice"
This, one prominent lawyer remarked
to-day, makes little difference because
there never has been sheriff in the
county who has not excluded all such
persons from being called to serve.
In the second para aph of the measure
it is stated that it shall be the duty of
each sheriff or other responsible parties
mentioned "on the fourth Tuesday before
the commencement of the regular term of
any Circuit Court Court of Oyer and
Terminer and General Jail Delivery Com
mon Pleas and Quarter Sessions of the
Place in open court to select.
under the supervision of the Court, of
Common Pleas" the names of twice as
many persons as shall be required to
serve as jurors. The measure later pro-
yides that ''the judge of the Court of
Common Pleas shall then and there strike
from or add to said names," when the
requisite number has been drawn by the
clerk, and another proviso is that the
names so drawn shall constitute the
general panel of jurors TO be summoned
by said sheriffs = at the next
ensuing term of the said court"
The measure is concluded by declaring
that ''all acts and parts of acts incon-
sstent with the provisions of this act
are hereby repealed, and this act shall
take effect Immediately"
When Judge TenEyck, of the Court of
Common Pleas, had his attention drawn
to the act yesterday he said he had
not made himself acquainted with the
provisions thoroughly.
81 am not giving decision" he said,
''but on the fact of it this measure seems
to threaten to revolutionize existing
methods. The first paragraph, it seems
plain enough. refers to grand juries and
the other to petit juries only. | do not
believe it was intended to refer to the
grand jury. 1t is a new proviso to place
the drawing under the supervision of the
Court of Common Pleas. Heretofore the
Sheriff has mad control Of that work"
''The most radical departure seems to
be that relating to the power given the
court to control the list of jurors. There
seems to be no restricting clause there
that would prevent the court from con-
trolling the makeup of juries by refus-
ing to approve any but the names he de-
sired. Another inlpegtant change appar-
entity is that which makes the drawing
the only one fer the term. Under the
act of 1897 regarding juries the panels
have been drawn every two weeks during
the term. This act seems to allow but
one drawing for the term, unless some
way can be found whereby the two acts
are made consistent.
81 am not stating my decision in the
matter, for | think the courts wiH have
to look into the situation. The selection
of jiries is a very important thing
Chief Justice Gommere will be asked
to confer with other authorities on the
subject.