Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-10-19

ways simple. but 60 IS ominenty true
OF many civil actions.
LACK OF TRAINING THE CAUSE
"ln other words It seems 90 me that
the real defect I'm our jury system is
that lhey are not specially trained iof
the work they are called upon 10 d''
i'm mo- other sphere OF life do We exc
poet men to do that which they NAYS
not been taught to do. We every
where else recognize the doctrine inat
the worlds work cannot Doe done Win
out special preparation Tor special du-
ties. You would not think Of calling
in your neighbor, however hign an
opinion you might have ur MIN, 20 SET
a limb, unless De WAS "a skilled SUR
geon. How then can you think OF CALI
ing men together. who have had no
training Of amy sort in the art of try
tuE lawsuits. and expect them To ar
rive az perfect results2
"But 10 ls NOT enough 20 say the pres
emit jury system is not the best w nat
other methods do you prOpose2 II has
been suggested that the Judge try the
facts in an cases. as Dee does I'M some
deciding the law, of course, I'm them
all-but the trouble with such a sys-
tenn would be that 10 places too mucn
power i'm one man. and besides the
working together of different minds IN
the decision of questions, is always
beneficial. II has been proposed TO
abolish appeals, and have several
judges try the facts and the law but
that is too radical "a change 10 expect
its adoption, and besides in the trial
Of cases the technical habits OF thought
of professional men need the leavcning
OF the common sense Of laymcn.
TRAINED MEN FOR JURIEs
what / propose Is TO choose IN some
manner. either by appointment of 'fe
judge, or by seine other Official or by
popular election. certain uumDer ~
meu. whose business 20 would Dee O.
try an questions Of fact brDugh- be-
fore the court and devote aha their
t.m' tO a. such a system has The
merit Of being more economical than
tho jury system. which is Tho most
costly that could be devised. 10 would
Dee boon Co those busy men who can
sd afford 90 leave their business or
work and even when they do lre dis
uaCted from consideration OF he case
they are trying by the cares on the out
sitt 10 good men were chJse2, hey
would soon become expert iu their
work. for those of us who have had cN-
uerieuce with juries realize thai Tho
longer they serve the more efficient
they are. The trouble is that, under
the present system. the terms are made
oe serving. ana for that very reason
Jurors no sooner learn something of the
nature OF their duties than they are
discharged from further service.
"Tt viii ne observed that this is not
such o. radical change 10 rs sun the
jury but an improved method Of select
ing lts members But the English, ana
w, have thrir laws and customs II
NOT their blood, are slow t0 adopt re-
forms We don't care to rNDvri'uent
On perfsotlng a system II 90 works fairly
well as % lg The genius for govern
ment OF the English speaking races
consists OBJ adopting aid methods 90
new conditions. So with the jury. 90
was Wei adouted for the purpose for
which 81 WAS created. and though con-
dltions have changed and ~ IS per
hans not SD wen adapted now. stiu. as
/ have said. 90 is remarkable how well
be works Sn because a judge or tWo
may think Doc could improve DO. those
Of Won who are not EXEMPT or have
200 legal excuse vii doubtless have
plenty of opportunity to serve up3u
jurlea.
JURY DUTY A PATRIOTIC ONE
when you 90. II you have not al
ready. you WIN. 4 think. agree with me