The San Francisco call., 1908-08-15
BURNS CONTEMPT
CHARGE DISMISSED
No Wrong Committed by In
terviewing Prospective
Jurors
Judge LawIor Criticises Present
System of Selecting
Juries

In long and comprehensive decision,
Judge Lawlor yesterday acquitted Spe-
cial Agent Burns and his assistants j.
G. Lawler and r. C. SCHNEIDER or the
charges of contempt made against them
by Ruef and his man Ach.
II am entirely satisfied no contempt
has, been committed" said the judge
after analyzing the facts and the law
very thoroughly "Lawler and Schlnd-
Ter were endeavorinf by making ap-
proacheS to men whose names were IN
the great jury box of 2400 names, and
who might be summoned for duty IN
these cases, to gain knowledge OF ne
real state of mind of these men, and
acquit each of them of any attempt to
improperly influence any prospective
juror in the discharge of his duties.
The judge pointed out that the pur-
pose of the law in ordering that the
names of the 2,400 men selected Dy the
judges for jury duty shall be hled with
the county clerk, is that parties htigant
may have the most free access 10 them
and may advise themselves with re-
spect to the personnel and characters
of such prospective jurors. L do not
think" he added, 1T is right for par
ties litigant to personally address per-
sons drawn and summoned on partlc-
ular panel: but I do not say 1T would De
contempt to do so. In this instance the
names of the men addressed had not
been drawn from the big jury box L
am not called upon to determine now
far litigant or his counsel may go In
seeking to ascertain the real state OIL
mind of a person whose name is in the
big jury box, but l am clear that the
acts complained of here did not con-
stitute contempt At the same time,
| the Judge said, the admission OF Law
| Ter that in speaking to one prospective
juror he jokingly told him If he signed
the petition it would disqualify him
was open to criticism.
JUDGES AT FAULT
In the course of his decision Judge
Lawler made a depression, in which he
said that the duty cast upon the II
superior judges of selecting men Tor
| jury duty was not we'll discharged.
THE names of men get into the big
box who can not speak English. The
names of deceased persons are placed
upon the list. 1t is rare that In trial
the name of deceased person is not
drawn from the box. Persons without
character or standing are drawn. The
system gives rise to the evil of the
professional juror-men who through
| laziness or thriftlessness seek to get
upon the panel for the sake of the sti-
pend A great deal is said about the
care that should be exercised in the
selection of judges. 1t is all true. But
equal care should be exercised in the
selection of jurors
No particular individuals were to be
blamed for the situation, the judge
said but the system which placed upon
the judges the task of selecting 2,400
names within the limits of the month
of January of each year was at fault
He suggested either the adoption of
the New York system of the selection
of men for jury duty by a commissioner
who should do nothing else, or that the
| judges should summon citizens to the
bar of the court and there personally
| investigate their qualifications before
making selections.
TIME FOR CHANGE
."It is time some charge should be
effected concluded the court. The
judges do the best they can. The law
which provides that the selections must
| be made within one month should be
repealed or else the judges will have
| to change their methods and give their
entire time for the one month to the
| task"