The commercial. (Union City, Tenn.) 190?-193?, 1907-02-01

the presumption of innocence and eht
reasonable doubt. both OF which are
proper and should not be abridged, he
mas an that a rational system of ad.
ministratiye Justice should require. But
when further fortified by the right ia
Gnallenge without cause twenty -four
Jurors after they have qualified. aug
mented by the difficulty OF Qualifica-
ton under our decisions, the law can
TOO often be successfully defied.
The question of life or death is not
involved as often as some may suppose,
apply.
often 70 draw a bill for murder IN the
second degree or mansIaughter, NOT
knowing that new facts may develop
and TO escape possible criticism. and
the grand jury not Versed in the law,
l Or from the same caution will ordinar-
lly hnd an indictment as prepared by
! the officer
1t follows. therefore. in nearly every
4 case of homicide, an Indictment for
1 murder in the first degree is found
ana the defendant las advantage of the
| challenges though the facts, In the
large maJorities of instances, show that
/ mitted.
| recommend on all indictments here-
1 after found that the peremptory chal-
| lenges be reduced from twenty-four for
the defendant to ten, thus leaving the
number six for the State and ten for
the defendant with the discretion
vested in the trial Judge to extend the
peremptory challenges of a defendant
IN a capital case to fifteen where, ON
account of extraordinary prejudice or
Tor other good and sufficient cause, he
may think the extension necessary to
meet the ends of justice.
Wnat Is urged on indictments Charg-
ing capital offenses as reasons for the
| reduction of challenges, apply to those
OF lesser grade, and therefore recom-
MES above the grade Of petit Larceny
the number of challenges for the de-
PENDANT be reduced from ten, ais now
provided, TO six. leaving the State four
ana the defendant six peremptory chal-
lenges That on indictments charging
petit larceny the number of challenges
be fxed at three for the State and five
for the defendant, instead of two and
six as now provided, and in all misde-
meanors the number Is fixed at two
each for the state and defendant, In
stead OF five each, as now provided BY
law.
AS companion legislation on the sub
Ject OF qualification of jurors, / recon-
mend that the Legislature declare that
on examination of proposed juror it
shall not be competent To ask him
either on direct or ross-examinati0n
whether he had formed an opinion on
q newspaper report, no matter what
that report may contain, for any opin-
ion thus formed must necessarily be
from rumor or hearsay, and this is not
changed by the fact that Ii is printed |
rather than oral When a proposed |
juror Is otherwise qualified and is pre-
pared TO render an impartial verdict on |
the law and the sworn testimony OF |
with esses in open court, 1t is all that |
justice should require.
In making this recomm endation / am |
aware that what constitutes a fair and /
impartial juror IS primarily judicial |
and not a legislative question, yet our |
Supreme Court has been hampered by |
precedent, and believe it is competent /
for the Legislature to pass the law
which / have recommended, and i'm the i
form recommended
To change the recommendation might
be TO usurp q judicial function, and this /
should be guarded against.
have presented this subject with |
elaboration, for it's Importance can
IL my recommendation and the rea-
sons therefor meet the approval of your
judgment. you will have taken an adj
vanced step in putting the administra-
tion OF criminal justice on high plane
render more certain the punishment of
the guilty while taking nothing from
the protection of innocence.
Thousands of dollars in costs viii be
saved the State and counties, especially
in the cities, where tedious and vexa-
tious delays in selecting jurors I'LL the
falls with untried prisoners. and men
will not be taken from their vocations
to wait for days until their names are
called, only to be set aside for opinions
based on rumor or challenged for no
aSsignable cause.
Juvenile Reformatory and other Guess
tiOns Relating 20 the Penitentiary.
What to do with youthful prisoners
IS question which almost daily con-
fro1ts our courts, and the State is poor
" equipped to solve IL.
To send them to the penitentiary and
associate them with seasoned criminals
s to doom them To turn them loose
is better, and what the +
courts usually do, unless in aggravated
.ases but there is too often repeti-
ion of the offense and the criminal
hQanTnpg |
/ recommend the building of a State
where juvenile criminals
nav be sent, and where they may be |
aught, under good and restraining i'm
luences. some useful trade or employ
nent and be given a chance 10 become
lseful citizens.
ating to the penitentiary management
nd control that may properly be sub
ects Of information and recommends
ion TO You, but at this time am un-
bic to formulate my Views owing TO l
he fact that have not yet been. able
o acquaint myself with details
Taxatioe.
/ respectfully urge that the assess
1ent and revenue laws be< introduced
nd considered by you rs early ais pos
ible consistent with their Importance
nd magnitude.
The framing of these bills requires
afeful thought and their consideration
hould not be delayed until the closing
ours Of the session, as has been the
ractice in some preceding Legisla-
ures
/ recommend that no attempt be
1ade TO increase the tax on land, for II
lready pays it's full and probably more
han its full proportion of the public
urden.
This species OF property never es-
apes taxation, but there are other In
srests whose visible property is small.
ut whose special rights and privileges
re- large, that do escape altogether, or
ay an insufficient tax, entirely dis
roportionate TO their business and
heir capacity TO pay.
] recommend that you give close
crutiny TO the matter of assessing
rfviiege taxes with view Of seeing |
Ihefher they are uniform as they |
nould be- or SO devised as 20 give ex-
mption In whole or In part to any oc-
1pation OF the Individual, or to any |
doing business in this state i
adj subject 70 the tax.
While we can never have a perfect L
zstem Of taxation. we can and ought
, improve upon the present system.
An Intelligent effort to systematize
ii tax laws and TO make them uniform :
IN be productive OF immense good and a
the only true principle Of taxation.
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