The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-23

GEORGE ROUNTREE, ESQ.
viduals for alleged breaches of duty;
and it is equally certain that there is
d general opinion that the result de-
ponds less than it should upon the
character and amount of evidence Of
fered by each side.
This would be most unfortunate
even II the facts did not Justify the
opinion, for next in Importance. as
factors in procuring and maintaining
a wei ordered and prosperous State,
to the certain and impartial adminis
tration of justice, is q Well grounded
faith that h law viii protect. OF
strike, i~neXorably and impartially, the
high n the low. the rich and the
poor, the corporation and the indi-
Vldual. And nothing so insidiousIy or
quickly underrnines the foundations OF
authority and produces laWleSsness as
the loss of such faith.
OF course these are truisms, and the
thought is imbedded in Magma Charta
and asserted in our Bill of Rights; yet
we, too often. perhaps for the very
reason that it is commonplace, over
look its Importance.
1t seems to me, therefore, that no
higher duty rests upon this associa-
tion-the representative of the law
yerS, n ministers of juStice-than to
seek and to apply a remedy for this
growing loss of respect for law.
We are frequently told by "phari-
sees that the remedy is not far to
seek, 1t Is simply to raise the stand
ard of character in the profession. I'm
doubtedly this is most desirable. as it
is in all other professions, but no
honest observer will. I think, assert
that the average lawyer has lower
ideals of duty, or is more false to
them than the average of other pro-
fessions. [ admit the standard u At
to be, and in nv heart believe it is,
higher. But if it be raised higher still,
how would that give US assurance that
and that trials will not be unneces-
sarily p~rotracted? I confess 1 do not
see.
Others insist hat the infrmity in
our administration of justice lies in
the method of selection and in the
gestionS are made for Improvement
along these lines. among the most
pregnant of which, it seems to me.
were those made by Mr.. Manly, in his
address to his association last year.
No competent person familiar with
the work of our courts, especially in
the larger towns and cities, will deny
that, no one pretext or another, men
Of affairs-rpresumably the most intel
ligent and capable-escape jury ser
vice: and too often iurieS are com
posed of men little qualified by in
t~elligence, experience and breadth OF
view for the difficult tasks imposed
upon them. This is the esult of
many causes-the failure of county
commissioners to place the names of
influential men in the box against
their wishes; foolish statutory eX-
emptions and causes of challenges;
and, not the least. the pernicious good
nature of judges, ~forgetful of the par
mOun obligation to. administer even
handed Justice.
This Improvement in the cOnstttu-
ton and methods of selection of iu-
ries is urgently needed seems to be
admitted on all hands. This PROPOSE
ton ought to have passed beyond the
stage of discussion into that of action.
and, I admit. it is little to the credit
OF this association that no serious at
tempt has been made to carry out the
wise suggestions of Mr.. Manly. On
the contrary, some of the acts of the
last Legislature are distinctly retro
greSsiVe and vicious, notably the one
eXemptlng contributing members of
military companies, so that all one
now has to do to be exempt from jury
service is to pay $500 or $1,000 a year
to some military organization. Yet
some of the most influential mem
bers of the last Legislature are on the
committee of Legislation and Law Re
form of this association
Many people, however, doubt
whether the enactment of more IA
tional laws with reference to jury SER
vice would make any radical improve
ment. Much, very much, would de-
pend upon the spirit in which they
are to be administered. If admins
tered in ar intelligent and liberal
spirit with h firm purpose of doing
exact justice according to established
law, undoubtedly great good would be
accomplished. But that is the real
difficulty. Is there any probability, or
even possibility, of such an admins
tration so long as the profession and
the community hold the prevalent
view of the duties of counsel and of
the dignity. power and functions of
the judicial office?
I do not disparage o undervalue the
Jury. indeed / do not believe that any
method has been found comparable to
it as q means Of determining a dis
puted question of fact. when there is
no opportunity to play upon the preju-
dices or passions, and the judge does
his full duty. even as at present under
stood, but unfortunately such occa-
sions seem to be growing rarer every
day.
The most instructive address upon
the iurv system with which am ac-
quainted. was published some years
ago in The American Law Review, and
was written by Mr.. Justice Miller of
the Supreme Cour of the United
States. in which he paid a magnificent
tribute to the system, but emphasized
the vast Importance OF the function OF
the judge in that system and declared
that. according TO his observation,
whenever there was a failureA of jus
tice, the fault usually lay in fail
ure of thc trial Judge to &c his ~!
Observation and reflection convince